Last updated: July 25, 2018
Last updated: July 25, 2018
If you do not agree to these Terms, do not use the Site or Glu’s Applications.
The Site and our mobile applications, our online applications, all content, services and functionality associated with our mobile and online applications, and certain functionality on the Site (collectively, “Applications”) are the exclusive property of Glu and/or its suppliers. All rights not granted herein are reserved by Glu. From time to time, we may offer you the ability to use Applications, but any and all such usage and offers to use the Applications are subject at all times to these Terms and the licenses Glu grants to you.
So long as you comply with these Terms, we grant you a non-exclusive, non-transferable, terminable license to view and use the Site and Applications only for entertainment purposes.
The licenses granted to you are conditioned upon your proper conduct and compliance with these Terms at all times, as judged by Glu in its sole discretion and judgment. We reserve the right to suspend or deny, in our sole discretion, your access to all or any portion of the Site or any Application.
This license allows you to download and/or purchase content (including, but not limited to, Glu Credits, G-coins, coins, chips, War Bucks, or other virtual currency, collectively referred to as “Virtual Currency” in these Terms and in-Application virtual content), as well as access information and Applications. You may also post, upload and distribute content to and through the Site and the Applications in accordance with these Terms.
You do not own the Virtual Currency that you purchase or the content that you acquire in the Applications in exchange for Virtual Currency (“Virtual Items”); you instead have a license to use the Virtual Currency in the Applications. Any Virtual Currency balance shown in your in-Application account or other account on a Site does not constitute a real-world balance or reflect any stored value, but rather indicates the extent of your limited license to use Virtual Currency in the Applications. Glu prohibit and does not recognize any purported transfer of Virtual Currency or Virtual Items effected outside of the Applications. Accordingly, you may not sublicense, trade, sell or attempt to sell or exchange Virtual Currency or Virtual Items for real money or other value of any kind outside of an Application. Any such transfer or attempted transfer is prohibited and void, and will result in the termination of your license to use the Site and the Applications.
With respect to certain Applications, you may choose to purchase, through a recurring monthly charge that is collected from you by your chosen Application provider (generally referred to as a “subscription” and known as the “Glu VIP Club,” the “Silver VIP Club” or the “Gold VIP Club”), additional benefits; you are purchasing licenses for this type of content. Our grant to you of these additional licenses is also subject to these Terms. A description of the benefits provided to subscription purchasers is available here.
The licenses granted to you will be revoked (with or without notice) and ineffective if you:
(a) are under age 13 or if you are between the ages of 14 and 17 and have not obtained the consent of your parent or legal guardian;
(b) use any robot, spider, bot or other automatic device or manual process to monitor or copy any portion of a Site or the Applications without our prior written permission;
(c) use any device, software or routine to damage, over-burden or impair the Site or any Applications, which includes the use of a jail-broken or rooted device or tool that enables the operation of the Site or an Application in a manner that is other than what we intended;
(d) take any action that imposes an unreasonable or disproportionately large load on our infrastructure or interferes with any other user’s ability to use or access the Site or any Application;
(e) copy, reproduce, alter, modify, transfer, lease, loan, sell, create derivative works, or publicly display any Application or content from the Site or a portion of an Application or the Site;
(f) alter or modify the copyright notices and any other proprietary legends that appear on the Site or any Application;
(g) access the Site by any means other than through the public interfaces we provide to you;
h) are located in a country embargoes by the United States or if you are on the U.S. Treasury Department’s list of Specially Designated Nationals;
(i) have previously had your license to the Site and/or Applications revoked by Glu;
(j) engage in any act that Glu deems to be in conflict with the spirit or intent of these Terms, the Site or the Applications, including, but not limited to, circumventing or manipulating these Terms, our game rules, game mechanics or policies;
(k) make improper use of Glu’s customer service or other support services, including by submitting false reports or using profane and abusive language in your communications with any Glu employee or representative; or
(l) fail to comply with any of the provisions of these Terms.
Our Applications and the Site are not intended for use by children under age 13 or persons who have not reached the age of majority under the laws of the applicable jurisdiction. Although most Applications are free to download, some in-Application content, functionality and actions are available only by purchasing of Virtual Currency or content with real money. If you are a parent, legal guardian and other adult responsible for children in your care, you are fully responsible for any use of your credit card or other payment instrument by the children in your care. Parents and other adults who provide our Applications to their children, children in their care or other adults should take precautions to prevent unintended purchases of Virtual Currency or other in-Application content. For example, in the Android operating system environment, you should delete your credit card information in advance of providing your device that includes any Application to anyone. We accept ABSOLUTELY NO RETURNS on any Virtual Currency or Virtual Items purchases, including those made by children (minors) in your care.
Glu assumes no liability for purchase errors, trial versions, software purchased for the wrong telephone, device or platform, promotion codes or discounts not provided at the time of purchase or any purchased item for any reason (“Purchaser Errors”). Glu shall not be liable for any errors on billing statements issued to you by your carrier or Application distributor. You accept full responsibility for confirming that your device, platform and carrier are supported and that the phone or other device and platform are compatible to the products or services purchased, downloaded or otherwise obtained by you through the Site or Application. Although Glu will make commercially reasonable efforts to help you obtain the proper software for your device or platform, Glu shall not be liable or responsible for any Purchaser Errors. If you have other questions in connection with any product or service available through the Site, please contact the Glu customer care at email@example.com. We accept ABSOLUTELY NO RETURNS on any software downloads, Virtual Currency or Virtual Items purchases. Please review your system requirements very carefully before making any purchases. You agree to be responsible for obtaining and maintaining all device hardware, software and other equipment needed for access to and use of the Site and/or Applications, and all charges related thereto.
You are solely responsible for the content that you upload, publish, or display through the Site or the Applications. You agree that you will obey all federal, state and local laws, regulations and rules that apply to your activities when you access the Site or use the Applications, and you shall respect the rights of all other users of the Site and the Applications. In furtherance of the foregoing, by way of example and not as a limitation, conduct that violates these Terms and which will result in the revocation (with or without notice) of the licenses granted to you to the Site and Applications includes:
You understand that all information, text, data, software, sounds, photographs, audiovisual material, artwork, images, designs, graphics, messages and other materials that are transmitted to or via the Site or to or via the Applications (“Materials”) are the sole responsibility of the person from whom the Materials originated. “Materials” also includes, but is not limited to, user-created levels or user-created artwork, images, designs, storylines, plots and/or songs and related visual representation, which are submitted by you or other users. This means you and other users, not Glu, are entirely responsible for the Materials you transmit to or through the Site or through Applications. Glu has no obligation to monitor Materials submitted by users, and Glu assumes no responsibility for monitoring Materials for illegal or offensive content. Further, you understand that by using the Site or the Applications, you may be exposed to Materials that are offensive, objectionable or indecent.
If you choose to submit Materials to Glu, you agree that by submitting Materials you grant to Glu (and its subsidiaries, affiliates, licensees and each of their successors and assigns, and those acting with Glu’s authority) an unrestricted, absolute, royalty-free, perpetual, worldwide, irrevocable right and license to sublicense, reproduce, copy, modify, create derivatives in whole or in part, or otherwise use such Materials or any part thereof in combination with or as a composite of other matter, including, but not limited to, text, data, images, photographs, illustrations, animation and graphics, video or audio segments of any nature in any Application, Site and in any of Glu’s advertising and promotional materials (Materials combined with any work created by Glu or another user are known as “Works”). The license you grant to Glu allows Glu to display, perform, exhibit, sell, distribute, transmit or broadcast the Works by any media, technology or other means, including those currently known or become known at a later date, without notice to you attribution or compensation of any kind to you or any third party, and to grant a sublicense to a third party to do any of the same actions with the Works and/or the Materials. You also agree that by submitting Materials you waive all rights to, release Glu from, and shall neither sue nor bring any proceeding against Glu for any claim or cause of action, for defamation, invasion of right to privacy, publicity or personality or any similar matter, or based upon or relating to the use and or exploitation of the Materials or the Works. You warrant that all so-called “moral rights” in the Materials have been waived. You also agree that Glu is not obligated to utilize the Materials, and understand that Glu may or may not use the Materials in Works.
To the extent any Materials are accessible, visible or usable by other users, you also grant all other users the right and license to use, copy, reproduce, modify, adapt, publish, edit, translate, create derivative works from, publicly display and publicly perform such Materials, or any portion thereof, on the Site or in the Applications without any notice, attribution or compensation of any kind to you or any third party; provided, however that the Materials are not derivative works of Glu’s intellectual property. You acknowledge that your chats, postings and other communications with other users or with us are public and not private communications and that you have no expectation of privacy for or concerning your use of these communication features of the Site or Applications.
You may use the Site and Applications only for their intended purposes. While Glu has no obligation to monitor the Site or Applications and is not responsible for the content of any Materials or other messages, information or files transmitted on the Site or through the Applications, Glu reserves the right to delete, move, edit, refuse to post or take other appropriate action with respect to such Materials or other messages, information or files which Glu, in its sole discretion, deems objectionable or otherwise in violation of these Terms, including denying access to the Applications or the Site to anyone at any time. You are hereby notified that your use of the Site and/or the Applications constitutes consent to such actions, monitoring and auditing. Glu does not endorse any communications made by others through the Applications or any other communications on the Site.
The Site and the Applications are protected by intellectual property laws and you agree to respect them. Please see our Copyright and Trademark Notice for more information about our trademarks and copyrights.
By subscribing to our social networking outlets, such as our Twitter feed or Facebook fan pages, or setting up an account for the Glu Games Network, you understand that you may receive periodic information, by e-mail or other medium, regarding current and future Applications or changes to the Site. With respect to the third-party social networking outlets, you understand that you can use the settings of the applicable social network to stop or limit the communications we send through such social network outlets. With respect to your Glu Games Network account, you can adjust the profile settings of your account to stop or limit the communications we send to you. We may provide forums, chat areas, bulletin boards, or e-mail functions in or through the Sites or Applications and periodic newsletters. If you subscribe to our newsletters, you understand that you may receive period information by email or other medium from us regarding current and future Applications or changes to the Site, and that you may unsubscribe from receiving newsletters at any time by following the procedures made available through the newsletters.
Most of our Applications are capable of sending you notifications, known as pop-ups and push notifications and will send you such notifications to alert you to in-Application activity (completed tasks, missions and the like) as well as promotions and sales for in-Application content. You may choose to not receive or stop receiving such notifications by either playing in an off-line mode or a changing your device settings to decline or disable such notifications.
Currently, a license to use Virtual Currency in Applications is available for purchase through some of Glu’s Applications. Glu’s Virtual Currency has no monetary value and does not constitute currency or property of any type. Any Virtual Currency balance shown in your Account does not constitute a real-world balance or reflect any stored value, but rather measures the extent of your limited license to use the Applications. Our Virtual Currency may be redeemed for Virtual Items only. Glu’s Virtual Currency cannot be sold or transferred, and cannot be exchanged for cash or for any other goods and services. Our Virtual Currency is non-refundable and not returnable for any reason. You acknowledge that you are not entitled to a refund for any unused Virtual Currency or unused Virtual Items when Glu stops making an Application available, whether such action is taken at Glu’s discretion or due to unforeseen events.
The price payable by you is the price indicated on the applicable website for the Application or in the Application itself. When you purchase a license to use our Virtual Currency or Virtual Items, or purchase a subscription to use an Application, you agree to pay taxes that we or our agent assesses on your purchase. If you are resident in Europe, the price includes any applicable VAT. We reserve the right to change the price and specifications shown in relation to any Application, any subscription, Virtual Currency and Virtual Items. If the price or specification published on the applicable website for the Application or in the Application itself is materially incorrect when you place an order for the Virtual Currency or Virtual Items and you contact us to inform us of this incorrect information, we will: (i) provide you with the correct price or specification; and (ii) ask you to confirm whether you would like to purchase the applicable products or services at the correct price or specification, if such confirmation is possible. If applicable, we will also state the period for which the offer or price remains valid. In the event you decide you do not want to complete a purchase, you should, if enabled by your device operating system, select “no” or close the window that requests your confirmation. Otherwise, to the extent the operating system, distributor and other factors permit, we may be able to provide you with a credit; we do not offer any returns or cancellations of purchases.
You may pay for Virtual Currency by using the services of any alternate billing and payment provider (such as iTunes, Google Checkout, PayPal, Boku, Trialpay, Paymo and PayByCash) identified on the applicable website or in the applicable Application. We will not supply any products or services to you until the alternative billing and payment provider has authorized the use of your card or other applicable method for payment. Your use of the services of an alternate billing and payment provider, you will be bound by that third party provider’s terms and conditions, which are available from the provider. You may be required to create an account with the alternate provider, and to provide that provider with your bank account or credit or debit card details. Costs, specifically data charges and related tariffs, associated with accessing and using the Applications depends on your internet service provider and/or wireless carrier. Please see your provider’s terms and conditions.
Virtual Currency may only be held by legal residents of countries where access to and use of the Applications is permitted. A license to use Virtual Currency in our Applications may be purchased or acquired only from Glu through means we provide on the applicable website(s) or applicable Applications or otherwise expressly authorize. We reserve the right to refuse your request(s) to purchase and/or acquire a license to use Virtual Currency in our Applications, and we reserve the right to limit or block any request to purchase and/or acquire a license to use Virtual Currency in our Applications for any reason.
Subject to these Terms, you may redeem Virtual Currency for Virtual Items or select Applications. We do not guarantee that any particular Virtual Item will be available at all times or at any given time. We do not guarantee that we will continue to offer particular Virtual Items for any particular length of time. We reserve the right to change and update the content contained in Applications without notice to you. If you have not used your Virtual Currency for twenty-four (24) months or more and your account has a Virtual Currency balance, your Virtual Currency shall expire, and your account may be cancelled for non-use. Once you have redeemed your Virtual Currency for Applications or Virtual Items, such Applications and Virtual Items are not returnable, exchangeable, or refundable for Virtual Currency or for cash, or other goods or services.
We may also award and you may earn Virtual Currency in connection with promotions, in-Application activities or as a subscription benefit. Virtual Currency that is made available through one of the Glu freemium Applications for the Android operating system and distributed directly by Glu on through Google Play or Amazon is interchangeable between other Glu freemium Applications for the Android operating system.
Neither Glu nor any of its affiliates shall have any liability to you for use charges related to any device or service that you use to access the Site or use Glu’s Applications, including, without limitation, usage charges for mobile telephones, tablet devices, Internet service providers, car navigation systems, pagers, and other devices, whether wireless, wireline, requiring cradle synchronization or otherwise.
You agree that all of your transactions with or through the Site and/or the Application(s) may, at our option, be conducted electronically. You also agree that we may provide all agreements, disclosures and notices electronically, including any that we are otherwise required to provide in “writing.”
Glu may suspend, cancel or terminate your registration and/or account; cancel or suspend your access to Virtual Currency; block your use of the Site or an Application, or direct you to cease using the Site or an Application, with or without notices, if we believe in good faith that (a) you or a related person has engaged in any of the prohibited content covered by Section 3 of these Terms or otherwise breached or may breach these Terms or (b) your account, use of the Site or any Application has been inactive for more than 180 days. You have the right to cancel your registration or your subscription to our newsletter at any time, and such cancellations will not affect your social networking web site account(s) or third party payment provider account(s). Glu reserves the right to stop making any one or more of the Sites, Virtual Currency and/or the Applications available, at any time, whether on a temporary or permanent basis and without any liability, compensation, refunds or other compensatory benefits to you. Your license to the applicable Site, the Application and/or Virtual Currency automatically ends when Glu terminates access to such Site, Application and/or Virtual Currency. If we stop supporting the Virtual Currency, we will provide at least thirty (30) days advance notice to you by posting a notice on Glu.com.
You have the ability to terminate these Terms by uninstalling or discontinuing your use of the Site and any Applications. To terminate “subscriptions” contact the distributor (for example, Amazon or Google) that you purchased your subscription from, and consult the applicable distributor’s terms of service.
To the extent that you violate these Terms and Glu revokes the licenses granted to you to the Site and Applications, you will lose all benefits and privileges associated with the Sites and the Applications, including, but not limited to, your Virtual Currency and Virtual Items. Glu is under no obligation to compensate you for any such losses or results.
You represent and warrant for the benefit of Glu, its affiliates and any third parties mentioned on the Site or in the Applications that: (a) you possess the legal right and ability to enter into and make the representations and warranties contained in these Terms; (b) all information submitted by you to the Site or the Applications is true and accurate; (c) you will not use the Site or any Application for any purpose that is unlawful or prohibited by these Terms; (d) you will make and maintain back-up copies of any Materials which you upload or otherwise distribute through the Site; and (e) you possess all legal rights in and to the Materials which you post, upload or distribute through the Site and such Materials are (i) not in violation of any applicable laws, contractual restrictions or other third party rights, (ii) free of viruses, adware, spyware, worms or other malicious code, and (iii) do not otherwise violate these Terms.
THE SITE, APPLICATIONS, VIRTUAL CURRENCY, VIRTUAL ITEMS, CONTENT AND PRODUCTS OFFERED AT THE SITE OR THROUGH ANY APPLICATIONS ARE PROVIDED TO YOU “AS IS” WITHOUT WARRANTY OF ANY KIND. GLU HEREBY DISCLAIMS ALL WARRANTIES, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT; AVAILABILITY OF THE SITE; LACK OF VIRUSES, WORMS, TROJAN HORSES, OR OTHER CODE THAT MANIFESTS CONTAMINATING OR DESTRUCTIVE PROPERTIES; ACCURACY, COMPLETENESS, RELIABILITY, TIMELINESS, CURRENCY, OR USEFULNESS OF ANY INFORMATION ON THE SITE; AND ANY DUTIES OF REASONABLE CARE, WORKMANLIKE EFFORT OR LACK OF NEGLIGENCE IN CONNECTION WITH THE SITE, CONTENT AND MATERIALS ON THE SITE, AND APPLICATIONS. THE ENTIRE RISK AS TO SATISFACTORY QUALITY, PERFORMANCE, ACCURACY AND EFFORT IN CONNECTION WITH THE SITE, CONTENT, MATERIALS AND APPLICATIONS IS BORNE BY YOU. GLU SHALL NOT BE RESPONSIBLE FOR ANY LOSS OF DATA OR OTHER MATERIAL. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF OR LIMITATIONS ON IMPLIED WARRANTIES, SO THE ABOVE EXCLUSIONS AND LIMITATIONS MAY NOT APPLY TO YOU.
GLU DOES NOT RECOMMEND USE OF ITS GAMES, APPLICATIONS OR OTHER SERVICES DURING CERTAIN ACTIVITIES, SUCH AS DRIVING, WHERE A SIGNIFICANT RISK OF INJURY OR ACCIDENT EXISTS. YOU AGREE NOT TO USE GLU’S APPLICATIONS OR OTHER SERVICES DURING SUCH ACTIVITIES AND ACKNOWLEDGE THAT ANY SUCH USE WOULD BE A VIOLATION OF THESE TERMS. YOU FURTHER ACKNOWLEDGE AND AGREE THAT SUCH USE IS AT YOUR SOLE RISK AND GLU WILL NOT BE RESPONSIBLE FOR ANY DAMAGES OF ANY NATURE RESULTING FROM SUCH USE.
YOU ASSUME ALL RISKS THAT THE SITE AND APPLICATIONS ARE SUITABLE OR ACCURATE FOR YOUR NEEDS AND WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE. YOUR USE OF THE SITE, MATERIALS AND APPLICATIONS IS AT YOUR OWN DISCRETION AND RISK AND YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER OR LOSS OF DATA RESULTING THERE FROM. SIMILARLY, YOU AGREE THAT BY PARTICIPATING IN FORUMS, VISITING CHAT ROOMS OR USING OTHER APPLICATIONS, YOU MAY BE EXPOSED TO RUDE, CRUDE, INDECENT OR OTHER OFFENSIVE LANGUAGE OR REFERENCES.
TO THE FULLEST EXTENT ALLOWED BY LAW, YOU AGREE THAT NEITHER WE, NOR ANY OF OUR AFFILIATES OR AGENTS, WILL BE LIABLE TO YOU AND/OR ANY OTHER PERSON FOR ANY CONSEQUENTIAL OR INCIDENTAL DAMAGES (INCLUDING BUT NOT LIMITED TO LOST PROFITS, LOSS OF DATA, LOSS OF PRIVACY OR FOR FAILURE TO MEET ANY DUTY INCLUDING BUT NOT LIMITED TO ANY DUTY OF GOOD FAITH, LACK OF NEGLIGENCE OR OF WORKMANLIKE EFFORT) OR ANY OTHER INDIRECT, SPECIAL, OR PUNITIVE DAMAGES WHATSOEVER THAT ARISE OUT OF OR ARE RELATED TO THE SITE, ITS CONTENT, OR APPLICATIONS, OR TO ANY BREACH OF THESE TERMS, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND EVEN IN THE EVENT OF FAULT, TORT (INCLUDING NEGLIGENCE) OR STRICT OR PRODUCT LIABILITY. YOU FURTHER SPECIFICALLY ACKNOWLEDGE THAT GLU IS NOT LIABLE, AND YOU AGREE NOT TO SEEK TO HOLD GLU LIABLE, FOR THE CONDUCT OF THIRD PARTIES, INCLUDING OTHER USERS OF THE SITE AND APPLICATIONS AND OEPRATORS OF EXTERNAL SITES AND SERVICES. TO THE FULLEST EXTENT ALLOWED BY LAW, YOU AGREE THAT YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY DISPUTE WITH GLU IS TO STOP USING THE SITE, APPLICATIONS AND SERVICES, AND TO CANCEL YOUR ACCOUNT. OUR TOTAL LIABILITY HEREUNDER IS LIMITED TO THE AMOUNT, IF ANY, ACTUALLY PAID BY YOU FOR ACCESS AND USE OF THE SITE IN THE PAST 180 DAYS. YOU HEREBY RELEASE US AND OUR AFFILIATES FROM ANY AND ALL OBLIGATIONS, LIABILITIES AND CLAIMS IN EXCESS OF THIS LIMITATION. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU.
You agree that your exclusive remedy for any breach of these Terms by us or any of our affiliates or agents shall be, at our option: (a) substitution or replacement of all or part of the Site, Application, Virtual Currency or Virtual Item that gives rise to damages incurred by you in reasonable reliance on us; or (b) in the event that (a) is not possible to provide, refund of monies you have paid to Glu in the past 180 days. You agree that the damage exclusions in the Agreement and this limitation of liability shall apply even if any remedy fails of its essential purpose.
Certain of our vendors also grant to you a limited license to use their respective software (each a software development kit; an “SDK”) which SDKs have been incorporated into our Applications; these vendors prohibit any decompilation and reverse engineering of their respective SDKs and do not make any warranties to you. For your information, the SDKs perform such functions as display advertising and collect data about your usage of the advertising, the Applications, among other functions; the use and collection of your data is subject to the privacy policies of our vendors.
The failure of either party to enforce any provision of these Terms shall not be construed as a waiver or limitation of that party’s right to subsequently enforce and compel strict compliance with every provision of these Terms.
If any provision of these Terms shall be held to be invalid or unenforceable for any reason, the remaining provisions shall continue to be valid and enforceable. If a court finds that any provision of these Terms is invalid or unenforceable, but that by limiting such provision it would become valid or enforceable, then such provision shall be deemed to be written, construed and enforced as so limited.
Glu operates the Site from its offices in San Francisco County, California and makes no representations that content in the Site or the Applications are appropriate or available for use in other locations. Access to the Site or Applications from any territory where the content is illegal is prohibited. If you choose to access the Site or use the Applications from other locations, you do so at your own risk and are solely responsible for compliance with any and all applicable laws, rules and regulations. The display of the Site alone does not subject Glu to any specific jurisdiction. You may not use or export any of the Site content or Applications in violation of U.S. export laws and regulations. Any claim related to the use of the Site or the Applications shall be governed by, construed and enforced in accordance with the laws of the State of California as applied to agreements made and to be performed entirely therein. Any action brought in connection with the Site or Applications or any other Glu content or services shall be brought in either the state or federal courts with jurisdiction in San Francisco County, California. The parties hereby waive any claim or defense that such forum is not convenient or proper and consent to service of process by any means authorized by California law. Translations of these Terms have been provided for your convenience only; the English-language version of these Terms shall control in all respects in any dispute.
All notices required by or allowed under these Terms, including notices of problems and/or inaccuracies in the Site or Applications should be addressed to Glu Mobile Inc., 45 Fremont Street, Suite 2800, San Francisco, CA 94105-2209. Communications made through the Site’s e-mail and messaging system shall in no way be deemed to constitute legal notice to Glu or any of its officers, employees, agents or representatives, with respect to any existing or potential claim or cause of action against Glu or any of its affiliates, officers, employees, agents or representatives, where notice to Glu is required by contract, or any federal, state or local laws, rules or regulations. If, but only if, applicable law requires that we accept e-mail notices, then you may send us e-mail notice at firstname.lastname@example.org. With respect to our notices to you, we may provide notice of Amendments by posting them on the Site and you agree to check for changes. Instead, or in addition, we may give notice by sending e-mail to the e-mail address you provide during registration or otherwise. Notice shall be deemed given twenty-four (24) hours after it is posted or an e-mail is sent, unless (as to e-mail) the sending party is notified that the e-mail address is invalid. Alternatively, we may give you notice by certified mail, postage prepaid and return receipt requested, to the address provided during registration. In such case, notice shall be deemed given three (3) days after the date of mailing.
Glu respects the intellectual property rights of others and requests that you do the same. Anyone who believes that his, her or its work has been reproduced on the Site in a way that constitutes copyright infringement may provide a notice to Glu’s legal department for the Site containing the following:
Copyright infringement claims and notices (but not other notices) should be sent to the attention of legal department, by any of the following means:
by mail: Glu Mobile Inc., 500 Howard St, Suite 300, San Francisco, CA 94105
by e-mail: email@example.com
If Glu receives proper notification of infringement pursuant to the procedure set forth above, it will remove or disable access to the challenged material and will take reasonable steps to notify the party who originally posted it (the “posting party”) that the material has been removed. The posting party may then submit a counter-notification by sending an e-mail message to Glu’s legal department explaining why the posting party believes that material is not infringing. To be effective, the counter notification should include:
Upon receipt of a counter-notification complying with these requirements, Glu will promptly provide the person who submitted the original notification with a copy of the counter-notification and will replace the removed material or cease disabling access to it in not less than 10, nor more than 14, business days unless that person provides to the Glu’s legal department a notification that the person has filed an action seeking a court order to restrain the subscriber from engaging in infringing activity related to the material posted to the Site.
WE MAKE NO GUARANTY OF CONFIDENTIALITY OR PRIVACY OF ANY COMMUNICATION OR INFORMATION TRANSMITTED THROUGH THE APPLICATIONS OR ON THE SITE OR ANY WEB SITE LINKED TO THE SITE OR THROUGH THE APPLICATIONS. We will not be liable for the privacy of e-mail addresses, registration and identification information, disk space, communications, confidential or trade-secret information, or any other content stored on our equipment, transmitted over networks accessed by the Site, or otherwise connected with your use of the Site or Applications.
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, posted 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.
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.
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 and 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.
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 both United States and foreign laws. 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, nonexclusive, nontransferable, 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
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.
Glu may offer different types of digital content, credits, coins or other virtual items for which you may (a) purchase a limited license to use via the Services (“Purchased Game Currency”) or (b) earn or otherwise receive a limited license to use via the Services ((“Earned Currency” together with the Purchased Game Currency, 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.
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 platform.
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 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, nonexclusive, royalty-free, worldwide, fully-paid, and sub-licensable license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, publicly perform and display your User Content and any name, username or likeness provided in connection with your User Content in all media formats and channels now known or later developed without compensation to you.
You are solely responsible for your conduct while accessing or using our Services, and you will not:
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:
Although we have no obligation to screen, edit or monitor User Content, we may delete or remove User Content at any time and for any reason.
You may create a text hyperlink to our Services for noncommercial 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.
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 and is not responsible for any 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 business dealings with, or participation in promotions of, or advertisers found on or through our Services are solely between you and such advertiser. Access and use of such Third-Party Content, including the information, materials, products, and services on or available through any third party sites is solely at your own risk.
You may submit questions, comments, suggestions, ideas, original or creative materials or other information about Glu or our products or Services (collectively, “Feedback”). We reserve the right to incorporate Feedback in our products and Services and otherwise use and fully exploit Feedback for any purpose, without acknowledgment or compensation to you.
We have a policy of limiting access to our Services and terminating the accounts of users who infringe the intellectual property rights of others. If you believe that anything on our Services infringes any copyright that you own or control, you may notify Glu’s Designated Agent as follows:
Designated Agent: Legal Counsel
Address: Glu Mobile Inc
875 Howard Street
San Francisco, CA 94103
Please see 17 U.S.C. §512(c)(3) for the requirements of a proper notification. Also, please note that if you knowingly misrepresent that any activity or material on our Services is infringing, you may be liable to Glu for certain costs and damages.
To the fullest extent permitted by applicable law, you will indemnify, defend, and hold harmless Glu, our subsidiaries and affiliates, and each of our respective officers, directors, agents, partners and employees (individually and collectively, the “Glu Parties”) from and against any loss, liability, claim, demand, damages, expenses or costs (“Claims”) arising out of or related to:
You will promptly notify the indemnified Glu Parties of any Claim, cooperate with the indemnified Glu Parties in defending the Claim and pay all fees, costs and expenses associated with defending the Claim (including, but not limited to, attorneys’ fees). The indemnified Glu Parties will have right to retain sole control of the defense or settlement of any Claim (at your expense). This indemnity is in addition to, and not in lieu of, any other indemnities set forth in a written agreement between you and Glu or the other Glu Parties.
In addition, Glu does not represent or warrant that our Services are accurate, complete, reliable, current or error-free. While Glu attempts to make your access to and use of our Services safe, we cannot and do not represent or warrant that our Services or servers are free of viruses or other harmful components. You assume the entire risk as to the quality and performance of the Services.
To the fullest extent permitted by applicable law, you release Glu Parties from responsibility, liability, claims, demands, and/or damages (actual and consequential) of every kind and nature, known and unknown (including, but not limited to, claims of negligence), arising out of or related to disputes between users and the acts or omissions of third parties. You expressly waive any rights you may have under California Civil Code § 1542 as well as any other statute or common law principles that would otherwise limit the coverage of this release to include only those claims which you may know or suspect to exist in your favor at the time of agreeing to this release.
By accessing or using our Services, you consent to the processing, transfer and storage of information about you in and to the United States and other countries, where you may not have the same rights and protections as you do under local law.
Please read the following section carefully because it requires you to arbitrate certain disputes and claims with Glu and limits the manner in which you can seek relief from us. This Section 16 only applies to you if you are a resident of the United States or if you commence any action against Glu in the United States.
Except for small claims disputes in which you or Glu seek to bring an individual action in small claims court located in the county of your billing address or disputes in which you or Glu seeks injunctive or other equitable relief for the alleged unlawful use of intellectual property, you and Glu waive your rights to a jury trial and to have any dispute arising out of or related to these Terms or our Services resolved in court. Instead, all disputes arising out of or relating to these Terms or our Services will be resolved through confidential binding arbitration held in San Francisco County, California in accordance with the Streamlined Arbitration Rules and Procedures (“Rules”) of the Judicial Arbitration and Mediation Services (“JAMS”), which are available on the JAMS website and are hereby incorporated by reference. You either acknowledge and agree that you have read and understand the rules of JAMS or waive your opportunity to read the rules of JAMS and any claim that the rules of JAMS are unfair or should not apply for any reason.
You and Glu agree that any dispute arising out of or related to these Terms or our Services is personal to you and Glu and that any dispute will be resolved solely through individual arbitration and will not be brought as a class arbitration, class action or any other type of representative proceeding.
You and Glu agree that these Terms affect interstate commerce and that the enforceability of this Section 16 will be substantively and procedurally governed by the Federal Arbitration Act, 9 U.S.C. § 1, et seq. (the “FAA”), to the maximum extent permitted by applicable law. As limited by the FAA, these Terms and the JAMS Rules, the arbitrator will have exclusive authority to make all procedural and substantive decisions regarding any dispute and to grant any remedy that would otherwise be available in court; provided, however, that the arbitrator does not have the authority to conduct a class arbitration or a representative action, which is prohibited by these Terms. The arbitrator may only conduct an individual arbitration and may not consolidate more than one individual’s claims, preside over any type of class or representative proceeding or preside over any proceeding involving more than one individual. You and Glu agree that for any arbitration you initiate, the party filing the claim will pay the filing fee and the parties will split the remaining JAMS fees and costs. You and Glu agree that the state or federal courts of the State of California and the United States sitting in San Francisco County, Florida have exclusive jurisdiction over any appeals and the enforcement of an arbitration award.
ANY CLAIM ARISING OUT OF OR RELATED TO THESE TERMS OR OUR SERVICES MUST BE FILED WITHIN ONE YEAR AFTER SUCH CLAIM AROSE; OTHERWISE, THE CLAIM IS PERMANENTLY BARRED, WHICH MEANS THAT YOU AND GLU WILL NOT HAVE THE RIGHT TO ASSERT THE CLAIM.
You have the right to opt out of binding arbitration within thirty (30) days of the date you first accepted the terms of this Section 16 by emailing firstname.lastname@example.org. In order to be effective, the opt out notice must include your full name and clearly indicate your intent to opt out of binding arbitration. By opting out of binding arbitration, you are agreeing to resolve Disputes in accordance with Section 17.
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 California, without regard to conflict of law rules or principles (whether of California or any other jurisdiction) that would cause the application of the laws of any other jurisdiction. Any dispute between the parties that is not subject to arbitration or cannot be heard in small claims court will be resolved in the state or federal courts of California and the United States, respectively, sitting in San Francisco County, California.
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
If acquired by any agency of the U.S. Government, such agency acknowledges that
We reserve the right, without notice and in our sole discretion, to terminate or suspend your right to access or use our Services or to discontinue all or a part of the Services. We are not responsible for any loss or harm related to your inability to access or use our Services.
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.
We may make changes to these Terms from time to time. If we make changes, we will provide notice of such changes, such as by sending an email notification, providing notice through our Services, or 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 and your continued access to and use of our Services after we provide notice will confirm your acceptance of the changes. If you do not agree to the amended Terms, you must stop accessing and using our Services.
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 email@example.com.
The following terms apply if you are accessing or using our mobile application (“App”) on an Apple Inc. (“Apple”) branded mobile device.