Glu Mobile Terms of Use - EEA

Last Updated: September 8, 2020

Francais

These Terms of Use (“Terms”) apply to your access to and use of the websites, applications and other online products and services including our games (collectively, our “Services”) provided by Glu Mobile Inc. and its subsidiaries (collectively, “Glu” or “we”) if you are using our Services from within the European Economic Area (“EEA”), Switzerland or the United Kingdom (“UK”).  Use of our Services from any territories outside of the EEA, Switzerland and the UK is governed by a separate set of terms available at https://www.glu.com/terms.  Some of our Services are published by one or more of Glu Mobile Inc.’s subsidiaries.  See the product listing made available by the applicable platform, app store or other authorized distributor, on the applicable website, or the other information provided with each individual product or service for the name of the specific Glu entity that publishes such product or service.Glu Mobile Inc. is a Delaware, U.S.A. corporation (File Number 4247225), Affiliate VAT registration numbers CHE-213.746.624 MWST and CHE-475.391.531 MWST, its principal place of business at 875 Howard Street, Suite 100, San Francisco, California, U.S.A. 94103, with telephone (U.S.) 415-800-6100 or (France) +33 (801) 840063.

If you have questions regarding our website, the publication of the Services, or any other matter relating to the Services, please use the submission form located at https://www.glu.com/contact/, or use the above listed phone numbers or the contact information listed in Section 18 of these Terms, to submit an inquiry.

By clicking to indicate your acceptance or otherwise using our Services, you agree to these Terms. If you do not agree to these Terms, you may not use our Services.

In addition to these Terms, we may ask you to accept additional terms that apply to specific features, promotions, products or services (including, but not limited to, postage fees, billing procedures, promotion rules and subscription services).  To the extent any additional terms conflict with these Terms, the additional terms govern with respect to your access to or use of the applicable feature, promotions, product or service.

Please refer to our Privacy Policy for information about how we collect, use and disclose information about you.

1. Eligibility

You must be at least 16 years of age to access or use our Services, provided that if you are under 18 years of age (or the age of legal majority where you live), you may only access or use our Services under the supervision of a parent or legal guardian who agrees to be bound by these Terms. If you are a parent or legal guardian of a user under the age of 18 (or the age of legal majority where you live), you (i) agree to be bound by these Terms and any applicable additional terms and (ii) are fully responsible for the acts or omissions of such user in connection with our Services.  The Services are for personal use only. Organizations, companies, or businesses may not use the Services for any purpose. You may not use the Services if you have previously been suspended or removed from the Services. Certain Services may not be available in all jurisdictions, and we reserve the right to impose additional eligibility requirements, which will be provided in advance of your acceptance of such requirements.

2. User Accounts

You may need to register for an account to access some or all of our Services. If you register for an account, you must provide accurate account information and promptly update this information if it changes. You must maintain the security of your account and account credentials, and you are responsible for any activities on your account unless unauthorized access is obtained solely because of a failure of our security measures. You must promptly notify us if you discover or suspect that someone has accessed your account without your permission. If you permit others to use your account credentials, you are responsible for the activities of those users.

3. Limited License

Our Services, including the text, graphics, images, photographs, videos, illustrations, trademarks, trade names, service marks, logos, slogans, Virtual Items (defined below) and other content contained therein, are owned by or licensed to Glu and are protected under United States laws and the laws of other jurisdictions. Except as explicitly stated in these Terms, Glu and our licensors reserve all rights in and to our Services. You are hereby granted a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to use our Services for your own personal use and to install our mobile applications on a device that you own or control; however, such license is subject to these Terms and does not include any right to (a) sell, resell or commercially use our Services; (b) copy, reproduce, distribute, publicly perform or publicly display the Services, except as expressly permitted by us or our licensors; (c) modify the Services, remove any proprietary rights notices or markings, or otherwise make any derivative uses of our Services; (d) reverse engineer, except to the limited extent expressly authorized by statute (where applicable), any aspect of our Services or do anything that might discover source code or bypass or circumvent measures employed to prevent or limit access to any part of our Services; or (e) use our Services other than for their intended purposes. Any use of our Services other than as specifically authorized herein, without our prior written permission, is strictly prohibited and will terminate the license granted herein.  You acknowledge that we may update or modify the Services at any time without notice to you, and these updates and modifications may be required in order for you to continue to use the Services.

4. Glu Virtual Items Terms

Glu may offer different types of digital content, credits, coins or other virtual items for which you may (i) purchase a limited license to use via the Services (“Purchased Virtual Items”) or (ii) earn or otherwise receive a limited license to use via the Services (“Earned Virtual Items”, together with the Purchased Virtual Items, collectively, “Virtual Items”).  You understand that while you may “earn” “buy” or “purchase” Virtual Items in our Services, you do not legally own the Virtual Items and the amounts of any Virtual Item do not refer to any credit balance of real currency or its equivalent. Any virtual currency balance shown in your account does not constitute a real-world balance or reflect any stored value, but instead constitutes a measurement of the extent of your limited license.  You acknowledge that any Virtual Items (including without limitation any virtual currency) you obtain in connection with the Services have no monetary value, and do not have any value of any kind outside of the Services.

(a) Payment and Billing. Your purchase of Virtual Items through any authorized third party distributor of our Services, such as the Apple App Store, Google Play, Amazon Games,  Facebook, or Xsolla (collectively, the “Authorized Distributors”), is subject to the applicable Authorized Distributor’s payment terms and conditions, and any data or information you provide to an Authorized Distributor will be subject to that Authorized Distributor’s privacy policy.  Please review the applicable Authorized Distributor’s terms of service and privacy policy for additional information. You represent and warrant that you are authorized to use the payment method you use to purchase Virtual Items.  You authorize the applicable Authorized Distributor to charge your payment method for the total amount of your purchase (including any applicable taxes and other charges). If the payment method cannot be verified, is invalid or is otherwise not acceptable, your order may be suspended or cancelled. You must resolve any problem encountered in order to proceed with your order.  When you purchase a limited license to use Virtual Items from our Services, we and/or the applicable Authorized Distributor may send you an acknowledgment email that will have details of the items you have ordered. Please check that the details in the acknowledgement email are correct as soon as possible and keep a copy of it for your records.

(b) Withdrawal Right for Purchased Virtual Items. You have a legal right to withdraw your purchase of Purchased Virtual Items within 14 days from the date of purchase; provided, however, that you may not be able to withdraw an order for Purchased Virtual Items once they have been made available to you.  Please contact the applicable Authorized Distributor you used to purchase the Purchased Virtual Items  and review their terms for further details regarding the withdrawal right provided by such Authorized Distributor, or to exercise your withdrawal right with such Authorized Distributor. 

(c) Third-Party Sales. Glu does not authorize, and expressly prohibits, the purchase of Virtual Items from third parties (i.e., from any third party that is not one of our Authorized Distributors).  You will not offer to sell or purchase Virtual Items to or from other users or third parties and will not sell or purchase Virtual Items to or from third parties.  In addition to violating these Terms, these resale purchase transactions may be fraudulent or may lead to identity theft.  Glu is not responsible for any such transactions or any damages or harm that you might incur if you engage in transactions involving Virtual Items with other users or third parties.

(d) Pricing and Taxes. All prices for Virtual Items include applicable taxes and other charges.  Prices for Virtual Items are subject to change at any time, but changes will not affect any order you have already placed.   You are responsible for any value-added or other governmental taxes, fees or duties due with respect to your order.

(e) Subscriptions. We may offer different subscription plans for purchasing Virtual Items (each, a “Subscription”). WHEN YOU PURCHASE A SUBSCRIPTION, (I) YOU AUTHORIZE THE AUTHORIZED DISTRIBUTOR YOU USE TO ACQUIRE THE VIRTUAL ITEMS TO CHARGE YOUR DESIGNATED PAYMENT METHOD FOR THE PERIOD (E.G., WEEKLY, MONTHLY OR ANNUALLY) SPECIFIED IN YOUR SUBSCRIPTION (IN ADDITION TO ANY APPLICABLE TAXES AND OTHER CHARGES SPECIFIED AT THE TIME OF PURCHASE) FOR AS LONG AS YOUR SUBSCRIPTION CONTINUES, AND (II) YOUR SUBSCRIPTION IS CONTINUOUS UNTIL YOU CANCEL IT OR WE SUSPEND OR STOP PROVIDING ACCESS TO OUR SERVICES OR PRODUCTS IN ACCORDANCE WITH THESE TERMS.  The Subscription period (or an indication that the Subscription will continue until cancelled), how to cancel your Subscription, the cost of the Subscription you purchase and any other material terms are disclosed prior to purchase and may be confirmed via email by Glu and/or the applicable Authorized Distributor.

(f) Cancelling Subscriptions. YOU MAY CANCEL YOUR SUBSCRIPTION AT ANY TIME THROUGH THE TOOLS MADE AVAILABLE BY THE APPLICABLE AUTHORIZED DISTRIBUTOR.  SUBSCRIPTIONS MUST BE CANCELLED BEFORE THE END OF THE BILLING CYCLE (I.E., BEFORE THE THEN-CURRENT SUBSCRIPTION PERIOD ENDS AS INDICATED BY THE AUTHORIZED DISTRIBUTOR) IN ORDER TO AVOID BEING CHARGED FOR THE NEXT SUBSCRIPTION PERIOD.  IF YOU CANCEL YOUR SUBSCRIPTION AFTER THE APPLICABLE BILLING CYCLE ENDS, IT WILL NOT TAKE EFFECT UNTIL THE FOLLOWING SUBSCRIPTION PERIOD.  YOU WILL BE RESPONSIBLE FOR ALL CHARGES (INCLUDING ANY APPLICABLE TAXES AND OTHER CHARGES) INCURRED WITH RESPECT TO ANY SUBSCRIPTION ORDER PROCESSED PRIOR TO THE EFFECTIVE DATE OF YOUR CANCELLATION.

(g) Redemption. Virtual Items may be redeemed solely for digital goods or services made available through our Services.  You may redeem Virtual Items only by the method and within the scope described via the Services. For example, unless otherwise specifically designated for a particular Virtual Item, if you purchase Virtual Items in a specific game, you can only redeem those Virtual Items in that specific game.

(h) Restrictions. Subject to Section 4(b), except to the extent otherwise required by applicable law (for example where Purchased Virtual Items are defective), all sales of Purchased Virtual Items are final, and all Purchased Virtual Items are non-returnable and non-refundable.  Virtual Items cannot be resold, transferred for value, redeemed for cash or applied to any other account.  We may limit the number of Virtual Items you can purchase or use within certain periods of time or implement other restrictions on the receipt or use of Virtual Items.  Any limitations will be made available to you in the game tutorial, when reaching a new level, when attaining a new status or some similar event or achievement within a game, or otherwise within the Services.  We may further restrict your ability to redeem your Virtual Items based on your place of residence. SUBJECT TO SECTION 4(B), EXCEPT TO THE EXTENT OTHERWISE REQUIRED BY APPLICABLE LAW (FOR EXAMPLE WHERE PURCHASED VIRTUAL ITEMS ARE DEFECTIVE), YOU ACKNOWLEDGE THAT GLU IS NOT REQUIRED TO PROVIDE A REFUND FOR ANY REASON, NOR IS GLU REQUIRED TO PROVIDE MONEY OR OTHER COMPENSATION FOR UNUSED VIRTUAL ITEMS WHEN AN ACCOUNT IS CLOSED, WHETHER SUCH CLOSURE WAS VOLUNTARY OR INVOLUNTARY (FOR EXAMPLE, WE HAVE DECIDED TO STOP MAKING THE GAME AVAILABLE OR WE CLOSE YOUR ACCOUNT BECAUSE OF YOUR VIOLATION OF THESE TERMS OF USE), WHETHER YOU MADE A PAYMENT THROUGH AN AUTHORIZED DISTRIBUTOR OR ANY OTHER SITES OR PLATFORMS WHERE WE OFFER OUR SERVICES. Glu will endeavor to inform you of these consequences prior to the closure of your account.  AS AN EXAMPLE, WE MAY SEND NOTIFICATIONS OF IMPENDING SHUTDOWNS OF GAMES IN ADVANCE THROUGH THE AFFECTED GAME IN POPUP MESSAGES. ALSO, WHERE SUCH GAME FEATURES EXIST, WE MAY BE ABLE TO COMMUNICATE VIA A GAME’S MESSAGING FEATURE ABOUT SHUTDOWNS AND/OR THE VIOLATIONS OF THE TERMS OF USE THAT WE OBSERVE; HOWEVER, NOTE THAT UNINSTALLING A GAME FROM YOUR DEVICE WILL PREVENT ANY OF THESE TYPES OF NOTICES FROM REACHING YOU.

(i) Inactivity. While the Virtual Items you purchase do not expire, if you do not log into your account for a period of at least 4 years, or if you deactivate your account, then you authorize us, without further notice to you, to distribute Virtual Items in your account to other users as gifts or to redeem all Virtual Items remaining in your account for any content or items we select and to distribute or provide access to that content or items to other users as gifts.

5. User Content

Our Services may allow you and other users to create, post, store and share content, including messages, text, photos, videos, software, artwork, audio, music, animations and other materials, (collectively, “User Content”). Except for (i) any content from the Services that may be incorporated in your User Content, and (ii) the license you grant below, as between you and Glu, you retain all rights in and to your User Content.  You grant Glu a perpetual, irrevocable, non-exclusive, royalty-free, worldwide, fully-paid, transferable and sub-licensable license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, publicly perform and display on any device and media, by any means known or currently unknown in any form, your User Content and any name, username or likeness provided in connection with your User Content in order to provide and improve the Services.  This license will be perpetual unless not permitted under the applicable law in your jurisdiction, in which case the license term will be the maximum period permitted under applicable law, including any extensions thereof.

6. Community Guidelines

(a) You are solely responsible for your conduct while accessing or using our Services, and you will not:

  • Violate any applicable law, contract, intellectual property or other third-party right or commit a tort;
  • Engage in any abusive, disrespectful, harassing, threatening, intimidating, violent, predatory or stalking conduct;
  • Use or attempt to use another user’s account without authorization from that user and Glu;
  • Use our Services in any manner that could interfere with, disrupt, spam, negatively affect or inhibit other users from fully enjoying our Services or that could damage, disable, overburden or impair the functioning of our Services in any manner;
  • Attempt to circumvent any content-filtering techniques we employ or attempt to access or tamper with any feature, content or area of our Services that you are not authorized to access, which includes any attempt to probe, scan, or test the vulnerability of any system or network, or breach or circumvent any security or authentication measures;
  • Violate any additional rules or restrictions posted within any Services that apply to your conduct within such Services;
  • Develop or use any applications that interact with our Services without our prior written consent;
  • Sell, rent or purchase account interactions (such as selling, renting or purchasing followers, re-sharing a post, likes, etc.);
  • Sell, trade or transfer, or offer to sell, trade or transfer, your account, your personal license to use and access the Services, any Virtual Items (including without limitation any virtual currency), or any other in-game benefits, achievements or status associated with your account or which are otherwise available to you through the Services, in any manner whatsoever, unless expressly authorized in writing by Glu;
  • Use any data mining, scraping, robots or similar data gathering or extraction methods;
  • Bypass or ignore instructions contained in any robots.txt file we provide that controls automated access to portions of our Services; or
  • Use our Services for any illegal or unauthorized purpose, or engage in, encourage or promote any activity that violates these Terms.

(b) You may also only post or otherwise share User Content that is non-confidential and you have all necessary rights to disclose. You may not create, post, store or share any User Content that:

  • Is unlawful, libelous, defamatory, obscene, pornographic, discriminatory, indecent, lewd, suggestive, harassing, bullying, threatening, invasive of privacy or publicity rights, abusive, inflammatory or fraudulent;
  • Includes content that directly attacks, threatens, or incites harm against other people based on their race, ethnicity, national origin, religious affiliation, sexual orientation, sex, gender, gender identity, disabilities or diseases;
  • Would constitute, encourage or provide instructions for a criminal offense, promote self-injury or suicide, violate the rights of any party or otherwise create liability or violate any local, state, national or international law;
  • May infringe any patent, trademark, trade secret, copyright or other intellectual or proprietary right of any party;
  • Contains or depicts any statements, remarks or claims that do not reflect your honest views and experiences or are otherwise false or misleading;
  • Contains multiple unrelated updates to a topic using a hashtag (#) or other similar search mechanism, trending or popular topic, or promoted trend;
  • Contains duplicative content over multiple accounts or duplicate updates on one account;
  • Contains duplicate replies or mentions or unsolicited replies or mentions;
  • Impersonates, or misrepresents your affiliation with, any person or entity;
  • Contains any unsolicited promotions, political campaigning, advertising or solicitations;
  • Contains any private or personal information of a third party without such third party’s consent;
  • Contains any viruses, malware, corrupted data or other harmful, disruptive or destructive files or content; or
  • Is, in our reasonable judgment, objectionable or that restricts or inhibits any other person from using or enjoying our Services, or that may expose Glu or others to any harm or liability of any type.

In the event that the User Content you share does not comply with the above or, in general, does not comply with these Terms, you acknowledge and accept that you are solely responsible for any direct and indirect damages resulting therefrom towards third parties and/or Glu. Although we have no obligation to screen, edit or monitor User Content, we may delete or remove User Content that violates these Terms or as provided in Section 10.

7. Hyperlinks

You may create a text hyperlink to our Services for non-commercial purposes, provided such link does not portray Glu or any of its products and services in a false, misleading, derogatory or otherwise defamatory manner and provided further that the linking site does not contain any adult or illegal material or any material that is offensive, harassing or otherwise objectionable.  This limited permission may be revoked at any time.  You will not use the Glu logo or other proprietary graphic of Glu to link to our Services without our express written permission.

8. Third-Party Content

In addition to User Content, Glu may provide third-party content on our Services and may provide links to web pages and content of third parties (collectively, the “Third-Party Content”).  Glu does not endorse or adopt any Third-Party Content and can make no guarantee as to its accuracy or completeness. Glu does not create, update, or monitor Third-Party Content.  You are responsible for deciding if you want to access or use Third-Party Content or applications that link from our Services.  Your correspondence or dealings with, or participation in promotions of, advertisers found on or through our Services, are solely between you and such advertiser.

9. Feedback

You may submit questions, comments, suggestions, ideas, feedback, or other information about Glu or our products or Services (collectively, “Feedback”).  We reserve the right to incorporate anonymized Feedback in our products and Services and otherwise use and fully exploit Feedback for any purpose, without acknowledgment or compensation to you.

10. Complaints

We have a policy of limiting access to our Services and terminating the accounts of users who infringe the rights of others. If you believe that anything on our Services infringes any right that you own or control or the rights of a third party (e.g., counterfeiting, insult, invasion of privacy) or if you believe that User Content promotes crimes against humanity, incites racial hatred and/or violence or concerns child pornography, you must immediately notify Glu as follows:

Contact: Legal Counsel
Address: Glu Mobile Inc.

875 Howard Street

Suite 100

San Francisco, CA  94103

Phone: (US) 415-800-6100 or (France)  +33 (801) 840063
Email: Legal@glu.com

When submitting a notice, you must identify the date of notification; if you are a natural person: your full name, profession, domicile, nationality, date and place of birth; the name and domicile of the recipient or, in the case of a legal person, its name and registered office; the description of the disputed facts and their precise location (e.g. URL link to the disputed content); the reasons why the content must be removed, including the legal provisions and justifications of facts; and a copy of the correspondence addressed to the author or publisher of the disputed information or activities requesting their interruption, removal or modification, or justification that the author or publisher could not be contacted. Any incomplete notice may not be processed.

WARNING: In some jurisdictions, presenting content or an activity as illegal for the purpose of obtaining its removal by presenting false or inaccurate information is punishable by imprisonment and fines.

11. Limited Warranty

(a) We do not control or endorse any User Content or Third-Party Content available on or linked to by our Services.  To the maximum extent permitted by applicable law, we do not make any warranties, promises or commitments of any kind, express or implied, regarding any User Content or Third Party Content available on or linked to by our Services, all of which are hereby disclaimed, and we will not be responsible for any such User Content or Third Party Content. 

(b) Subject to Section 11(a), the Services will be provided using a commercially reasonable level of care and skill.  Other than as expressly stated in these Terms, to the maximum extent permitted by applicable law, we do not make any warranties, promises or commitments of any kind, express or implied, regarding the Services, all of which are hereby disclaimed, including without limitation regarding the content within the Services, the specific functions of the Services or their reliability, the availability of the Services, or the ability of the Services to meet your needs.

(c) Nothing in these Terms affects any legal rights and remedies you have under the applicable law of your jurisdiction.

12. Limitation of Liability

(a) To the fullest extent permitted by applicable law, Glu, our subsidiaries and affiliates, and each of our respective officers, directors, agents, partners and employees (individually and collectively, “Glu Parties”) will not be liable to you for any indirect damages such as lost profits arising out of or in any way related to these Terms or our Services, even if Glu or the other Glu Parties have been advised of the possibility of such damages.

(b) To the fullest extent permitted by applicable law, the total and collective liability of Glu Parties for any claim arising out of or relating to these Terms or our Services, regardless of the form of the action, is limited to the greater of €500 or the amounts paid by you to Glu via the Services in the 6 months prior to the claim, where applicable statutes do not specify a mandatory amount or require mandatory liability.  All liability of the Glu Parties under these Terms is limited to reasonably foreseeable damages at the time these Terms were accepted by you and solely to the extent caused by our breach of these Terms or our negligence.

(c) Nothing in these Terms limits or excludes liability for the fraud or intentional misconduct of Glu Parties; for any personal injury related to the negligence of the Glu Parties; or for any other matters for which liability cannot be excluded or limited under applicable law.

13. Governing Law and Venue

(a) These Terms and your access to and use of our Services will be governed by and construed and enforced in accordance with the laws of your country of residence. In the event you bring legal proceedings in respect of these Terms in the courts of the country in which you reside, you will benefit from any mandatory provisions of the law of the jurisdiction in which you are a resident.  Nothing in these Terms affects your rights as an EEA, Swiss or UK consumer to rely on mandatory provisions of the jurisdiction in which you are a resident.

(b) Unless otherwise expressly agreed to by Glu in writing, this Section 13(b) applies only to residents of France.  In case you have a concern regarding the Services and if your written complaint to our customer care service (which contact information is referenced below in Section 18) has not received a reasonably adequate response or in the absence of any response from our customer care service within one (1) month from receipt of your complaint, you may use an alternative dispute resolution method, which may include a mediation procedure, by accessing the European Commission site for online dispute resolution at the following address: https://ec.europa.eu/consumers/odr/main/?event=main.adr.show2.  You are free to accept or reject the use of mediation and, in case of mediation, each party is free to accept or reject the solution proposed by the mediator.

14. Export Compliance

All or part of our Services may be subject to U.S. export control and economic sanctions laws (“Export Controls”). You will abide by all Export Controls as they relate to your access and use of our Services. You may not access or use our Services if you are located in a jurisdiction where the provision of our Services is prohibited by law (a “Prohibited Jurisdiction”), and you may not provide access to our Services to any government, entity or individual located in any Prohibited Jurisdiction.  You represent and warrant that (a) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country; and (b) you are not listed on any U.S. Government list of prohibited or restricted parties.

15. Termination or Suspension

(a) Notwithstanding anything contained in these Terms, we reserve the right to terminate or suspend your right to access or use the Services if you breach these Terms, or where necessary to comply with any laws, rules or regulations or any judicial or governmental order.  We may also suspend your account for a period of up to ninety (90) days while we investigate suspected misconduct. If, following our investigation, we determine that you have breached these Terms, we may continue to suspend your account or terminate your account, and take any additional actions we deem warranted.  We will attempt to notify you by email with the reason for our action unless we reasonably believe that to do so would violate any laws, rules or regulations or any judicial or governmental order, compromise an investigation, cause harm to another user, or if we do not have an email address associated with your Glu account.  In the event we terminate your account, your license to access or use the Services will be terminated. If you are unable to access the Services and have not received notice explaining why, please contact our customer support for more information through the contact information referenced below.

(b) Notwithstanding anything contained in these Terms, we reserve the right to discontinue any of the Services, at any time and for any reason, including without limitation with respect to any specific game.  If we discontinue any of the Services we will endeavor to provide notice within the affected Services or on our website, except in urgent circumstances, which may include but are not limited to (i) addressing security issues, (ii) preventing abuse, (iii) complying with any policies, restrictions or requirements imposed by any Authorized Distributor(s), or (iv) complying with any laws, rules or regulations or legal or judicial orders.  In the event we discontinue any of the Services, your license to access or use the affected Services will be terminated. If you are unable to access any of the Services and have not received notice explaining why, please contact our customer support for more information through the contact information referenced below.

16. Miscellaneous

To the maximum extent permitted by applicable law, if any provision or part of a provision of these Terms is unlawful, void or unenforceable, that provision or part of the provision is deemed severable from these Terms and does not affect the validity and enforceability of any remaining provisions. These Terms constitute the entire agreement between you and Glu relating to your access to and use of our Services. The failure of Glu to exercise or enforce any right or provision of these Terms will not operate as a waiver of such right or provision. The section titles in these Terms are for convenience only and have no legal or contractual effect. Except as otherwise provided herein, these Terms are intended solely for the benefit of the parties and are not intended to confer third party beneficiary rights upon any other person or entity. All of your transactions and communications with us may, at our option, be conducted electronically.

17. Changes to Terms

We may make changes to these Terms from time to time to, for example, reflect changes to our Services (e.g., adding new features or benefits to the Services, retiring certain features of certain Services) or for legal, regulatory or security reasons. If we make changes to these Terms, such changes will apply on a going-forward basis, and we will provide notice of such changes, such as by sending an email notification or providing notice through our Services, and by posting the amended Terms to our Services and updating the “Last Updated” date above. Unless we say otherwise in our notice, the amended Terms will be effective immediately. You have the right to object to any such changes at any time by ceasing your use of the Services and you may cancel any Subscription you have at any time as explained in Section 4(f) above. Your continued use of the Services will confirm your acceptance of the revisions to these Terms.

18. Contact

If you have any questions or concerns regarding the Services or these Terms, please contact Glu at 875 Howard Street, Suite 100, San Francisco, CA 94103 or support@glu.com. You can also call the toll-free number in France at +33 (801) 840063.

19. Additional Terms for iOS Users

The following terms also apply if you are accessing or using one of our mobile applications (an “App”) on an Apple Inc. (“Apple”) branded mobile device.

  • Acknowledgement. The Terms are concluded between Glu and you only, and not with Apple, and, as between Apple and us, we are solely responsible for the App and the content thereof.
  • Scope of License. The license granted to you for the App under the Terms is limited to a non-transferable license to use the App on any Apple-branded products that you own or control and as permitted by the Apple Usage Rules set forth in the App Store Terms of Service, except that such App may be accessed, acquired, and used by other accounts associated with the purchaser via “Family Sharing” or volume purchasing.
  • Maintenance. Glu is not obligated to provide any support or maintenance services for the App, provided that we are solely responsible for such services to the extent required under applicable law.  Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the App.
  • Warranty. Subject to Section 11 of the Terms, we are solely responsible for any warranties, whether express or implied by law. Subject to Section 11 of these Terms, in the event of any failure of the App to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price (if any) for the App; and that, to the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the App, and any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty will be our sole responsibility.
  • Liability. Subject to Section 12 of the Terms, we, and not Apple, are responsible for addressing any claims of yours or any third party relating to the App or your possession and/or use of that App, including, but not limited to: (i) product liability claims; (ii) any claim that the App fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation.
  • IP Claims. Subject to Section 12 of the Terms, in the event of any third-party claim that the App or your possession and use of that App infringes any third party’s intellectual property rights, we, not Apple, will be solely responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim.
  • Third Party Beneficiaries. To the maximum extent permitted under applicable law, Apple and its subsidiaries are third party beneficiaries of these Terms, and will have the right (and will be deemed to have accepted the right) to enforce these Terms against you as a third party beneficiary thereof.