Glance End User Licence Agreement
EFFECTIVE: JULY 2020
THIS END USER LICENCE AGREEMENT (“EULA”) IS A LEGAL AGREEMENT BETWEEN YOU (“END USER, YOUR OR YOU”) AND GLANCE INMOBI PTE. LTD., HAVING ITS REGISTERED OFFICE AT 30 CECIL STREET, #19-08, PRUDENTIAL TOWERS, SINGAPORE 049712 ACTING ON BEHALF OF ITSELF AND ITS AFFILIATES (“GLANCE, US, OUR OR WE”). THE EULA GOVERNS YOUR USE OF THE GLANCE PLATFORM.
“AFFILIATES” AS USED HEREIN MEANS, WITH RESPECT TO GLANCE, AN ENTITY THAT DIRECTLY OR INDIRECTLY CONTROLS, IS CONTROLLED BY OR IS UNDER COMMON CONTROL WITH GLANCE. “CONTROL” FOR PURPOSES OF THIS DEFINITION, MEANS DIRECT OR INDIRECT OWNERSHIP OR CONTROL OF MORE THAN 50% OF THE VOTING INTEREST OF AN ENTITY.
“GLANCE PLATFORM” MEANS AND REFERS TO GLANCE’S PROPRIETARY PLATFORM (APPLICATION/SOFTWARE/WEBSITE/FEATURE OR AS MADE AVAILABLE IN ANY OTHER FORMAT) WHICH ENABLES END-USERS TO EXPLORE AND DISCOVER CONTENT OR SERVICES THROUGH LOCK-SCREEN INCLUDING INTERESTING STORIES, NEWS, EVENTS, GAMES, ADVERTISEMENTS, ETC. AS THEY UNLOCK THEIR PHONE. THE PLATFORM ALSO ENABLES GLANCE’S PARTNERS TO DISPLAY ADVERTISEMENTS, PROMOTIONAL OFFERS AND /OR GAMES ON MOBILE DEVICE AND SITES.
THE GLANCE PLATFORM MAY EITHER BE (I) PRE-LOADED WITHIN YOUR MOBILE, TABLET, WEARABLE AND/OR ANY OTHER SMART DEVICE USED (“DEVICE”); (II) INTEGRATED WITH AN APPLICATION OR WIDGET ON YOUR DEVICE; (III) DOWNLOADED AND INSTALLED BY YOU FROM A THIRD-PARTY APPLICATION STORE; (IV) VIEWED ON THE WEBSITE.
PLEASE CAREFULLY READ THIS EULA BEFORE DOWNLOADING, SUBSCRIBING TO, ACCESSING OR USING THE GLANCE PLATFORM.
What does Glance offer You:
The Glance Platform provides easily accessible content that may be of interest to you such as news, images, text snippets, gifs, infographics, stories, gaming experience, videos, wallpapers, audio-visual programs, or such other information (“Content”). Such Content may be generated, developed or produced by Glance (“Owned Content”) or aggregated, obtained and/or licensed through third party sources (“Third Party Content”). For the avoidance of doubt, Owned Content may incorporate or include certain Third-Party Content. Glance Platform therefore enables Your easy access and assists You to find relevant information of Your interest. Using the feature under ‘More’ or such other icon, You, can subsequently discover and access more information about a particular Content, either within the Glance Platform or by accessing the links to third-party webpages, applications or other such landing pages. It may also feature advertising tailored to your interests. Some Content may further have a call to action to install an application at the user’s election.
1.1 By installing, subscribing to, accessing or using the Glance Platform, you agree to this EULA. If you do not agree to this EULA, you may elect to uninstall or unsubscribe from the Glance Platform and/or some of its features may not be made available to You. The Glance Platform may also fail to operate and provide You with optimum experience. In the event, the Glance Platform is pre-loaded in Your Device and you do not agree to this EULA, please visit the settings page on Your device to disable ‘Glance’ or ‘Glance Experience’ as made available in the such settings page.
1.4 You affirm that You are 18 years of age or above, or if You are a minor (i.e. less than 18 years of age), possess legal parental or guardian consent, and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in these EULA, and to abide by and comply with these EULA. You must not access Glance Platform or accept this EULA if You are a person who is either barred or otherwise legally prohibited from receiving or using Glance Platform under the laws of the country in which You are resident or from which You access or use Glance Platform.
1.5 You may use the Glance Platform and the Content only in geographic locations where we offer our service and have licensed such Content. The Content that may be available to watch will vary by geographic location and will change from time to time.
You agree and acknowledge that:
2.1 The Glance Platform includes Third Party Content, advertising information or promotional material (“Ad-Content”) and it is hereby clarified that Glance is not responsible or liable for any Third Party Content and/or Ad-Content, the intellectual property and other proprietary rights in the Third Party Content and/or Ad-Content. Glance is not responsible for the accuracy of any Content which may be accessed by You and Your use of the Glance Platform, the Ad-Content and the Content, including Your election to view, interact with or action upon the same is at Your sole risk and discretion.
2.3 Where applicable, Glance attributes Content to the relevant Third Party Content provider/ licensor. If you believe the Content infringes the intellectual property or other proprietary rights, please contact the third-party Content provider.
2.4 Mobile internet transmissions are never completely private or secure and the transmission of Content and Your use of the Glance Platform maybe affected, interrupted or disrupted for reasons beyond Glance’s reasonable control. Any message or information You send using Glance Platform may be read or intercepted by others, even if there is a special notice that a particular transmission is encrypted.
3. Ownership And Grant Of Licence
3.1 You acknowledge that (i) all rights, title and interest including without limitations the intellectual property rights in the Glance Platform, software, and Content used within and along with it anywhere in the world belong to us and/or our licensors and/or our content providers, (ii) rights in the Glance Platform is licensed (not sold) to You and You have no rights in, or to, the Glance Platform other than the right to use the Glance Platform in strict conformity with the terms of this EULA.
3.2 In consideration of You agreeing to abide by the terms of this EULA, we grant You a revocable, non-sub-licensable, non-transferable, non-exclusive limited right and license to access and use the Glance Platform in object code only, subject to terms of this EULA and other terms incorporated by reference. We hereby expressly reserve all other rights, title and interest in the Glance Platform and the Content.
3.3 You agree that the Glance Platform and the Content viewed through the Glance Platform is solely for your personal use only.
4. License And Content Restrictions
(b) we will use our reasonable endeavours to find a solution by which our obligations under this EULA may be performed despite the Event Outside Our Control.
4.1 Except as expressly set out in this EULA, You agree:
(a) not to copy the Glance Platform (including its specific design, user interface) except where such copying is incidental to normal use of Glance Platform, or where it is necessary for the purpose of back-up or operational security;
(b) not to rent, lease, sub-license, loan, translate, merge, adapt, vary or modify the Glance Platform;
(c) not to make alterations to, or modifications of, the whole or any part of Glance Platform, or permit the Glance Platform or any part of it to be combined with, or become incorporated in, any other programs including any root software;
(d) not to disassemble, decompile, reverse-engineer or create derivative works based on the whole or any part of the Glance Platform or attempt to do any such thing except to the extent permitted by applicable law solely because it is essential for the purpose of achieving inter-operability of Glance Platform with another software program, and provided that the information obtained by You during such activities:
is used only for the purpose of achieving inter-operability of Glance Platform with another software program;
is not disclosed or communicated without our prior written consent to any third party; and is not used to create any software that is substantially similar to the Glance Platform;
(e) not to provide or otherwise make available the Glance Platform in whole or in part (including object and source code), in any form to any person without prior written consent from us; and
(f) to comply with all technology control or export laws and regulations that apply to the technologies used or supported by Glance Platform in Your use of the Platform.
You may not
use Content in an obscene, pornographic, defamatory, disparaging, infringing or other unlawful manner or in violation of any applicable laws, proprietary or privacy rights;
Unless expressly permitted pursuant to Glance Platform, use the Content for any commercial, promotional, advertorial, endorsement, advertising or merchandising purpose;
share, aggregate, re-distribute, reproduce, download, sub-license, publish, copy, create derivative works, offer for sale or use the Content and/or Ad-Content displayed on Glance Platform (unless You are specifically permitted by way of a ‘Share’ or ‘Copy’ button); and/or
re-order, modify, edit obscure or truncate in anyway the Content. Ad-Content or Glance Platform.
Publish, broadcast, rewrite for broadcast or publication or redistribute directly or indirectly in any medium any Agence France-Presse (“AFP”) text, photo, graphic, audio or video material. AFP news material may not be stored in whole or in part in a computer or otherwise except for personal and non-commercial use. AFP or Glance will not be held liable for any delays, inaccuracies, errors or omissions in any AFP news material or in transmission or delivery of all or any part thereof or for any damages whatsoever. As a newswire service, AFP or Glance do not obtain releases from subjects, individuals, groups or entities contained in its photographs, videos, graphics or quoted in its texts. Further, no clearance is obtained from the owners of any trademarks or copyrighted materials whose marks and materials are included in AFP material. Therefore, you will be solely responsible for obtaining any and all necessary releases from whatever individuals and/or entities necessary for any uses of AFP material.
5. Acceptable Use Restrictions
5.1 not use the Glance Platform in an unlawful manner, for any unlawful purpose, or in any manner inconsistent with this EULA, or act fraudulently or maliciously, for example, by hacking into or inserting malicious code, including viruses, or harmful data, into Glance Platform or any operating system and shall at all times remain compliant with laws applicable to Your use of Glance Platform;
5.2 not infringe Our intellectual property rights or those of any third party or any license terms in relation to Your use of Glance Platform or any service associated (to the extent that such use is not licensed by this EULA);
5.3 not use the Glance Platform in a way that could damage, disable, overburden, impair or compromise our systems or security or interfere with other users; and
5.4 not collect or harvest any information or data obtained from any Glance Platform or our systems or attempt to decipher any transmissions to or from the servers running any service for the Glance Platform including attempt to sale, resale, broker, re-broker, reverse-engineer or make derivative works of such data.
6. Trademarks And Copyrights
Glance, the Glance logo and other Glance trademarks, service marks, graphics, and logos used in connection with the Glance Platform are trademarks or registered trademarks of Glance and/or its Affiliates in various jurisdictions. You are not granted any right or license with respect to any of the aforesaid trademarks and any use of such trademarks. Further, all copyright in and to the Glance Platform and/or the Content is the copyright of Glance and/or its licensors and content providers. All such copyright and marks are protected under applicable copyright, trademark, and other domestic and international proprietary rights laws. The unauthorized copying, modification, use or publication of the Glance Platform, Content and these marks is strictly prohibited. Any violation of copyright and other proprietary laws may result in severe civil and criminal penalties, including monetary damages.
7. Limited Warranty And Disclaimer
7.1 Any implied warranties including those prescribed by statute are expressly disclaimed.
7.2 TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE GLANCE PLATFORM IS PROVIDED TO YOU “AS IS,” WITH ALL FAULTS, WITHOUT WARRANTY OF ANY KIND, WITHOUT PERFORMANCE ASSURANCES OR GUARANTEES OF ANY KIND, AND YOUR USE IS AT YOUR SOLE RISK. THE ENTIRE RISK OF SATISFACTORY QUALITY AND PERFORMANCE RESIDES WITH YOU. GLANCE, GLANCE’SLICENSORS, AND DEVICE PARTNERS DO NOT MAKE, AND HEREBY DISCLAIM, ANY AND ALL EXPRESS, IMPLIED OR STATUTORY WARRANTIES, INCLUDING IMPLIED WARRANTIES OF CONDITION, UNINTERRUPTED USE, ACCURACY OF DATA (INCLUDING BUT NOT LIMITED TO LOCATION DATA), MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, NONINFRINGEMENT OF THIRD PARTY RIGHTS, AND WARRANTIES (IF ANY) ARISING FROM A COURSE OF DEALING, USAGE, OR TRADE PRACTICE. GLANCE, GLANCE’S LICENSORS, AFFILIATES AND DEVICE PARTNERS DO NOT WARRANT AGAINST INTERFERENCE WITH YOUR ENJOYMENT OF THE GLANCE PLATFORM; WILL MEET YOUR REQUIREMENTS; THAT THE GLANCE PLATFORM WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT THE GLANCE PLATFORM WILL INTEROPERATE OR BE COMPATIBLE WITH ANY OTHER SERVICE OR THAT ANY ERRORS IN THE GLANCE PLATFORM WILL BE CORRECTED. NO ORAL OR WRITTEN ADVICE PROVIDED BY GLANCE, ITS AFFILIATES GLANCE’S LICENSORS AND DEVICE PARTNERS OR ANY AUTHORIZED REPRESENTATIVE SHALL CREATE A WARRANTY. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF OR LIMITATIONS ON IMPLIED WARRANTIES OR THE LIMITATIONS ON THE APPLICABLE STATUTORY RIGHTS OF A CONSUMER, SO SOME OR ALL OF THE ABOVE EXCLUSIONS AND LIMITATIONS APPLY ONLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.
8. Limitation Of Liability
8.1 IN NO EVENT WILL GLANCE, ITS AFFILIATES AND/OR LICENSORS BE LIABLE FOR LOSS OF PROFITS, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES RESULTING FROM POSSESSION, ACCESS, USE OR MALFUNCTION OF THE INMOBI APPLICATION, INCLUDING BUT NOT LIMITED TO, DAMAGES TO PROPERTY, LOSS OF GOODWILL, DEVICE FAILURE OR MALFUNCTION AND, TO THE EXTENT PERMITTED BY LAW, DAMAGES, PROPERTY DAMAGES OR PUNITIVE DAMAGES FROM ANY CAUSES OF ACTION ARISING OUT OF OR RELATED TO THIS EULA, WHETHER ARISING IN TORT (INCLUDING NEGLIGENCE), CONTRACT, STRICT LIABILITY OR OTHERWISE AND WHETHER OR NOT GLANCE, ITS AFFILIATES AND/OR ITS LICENSORS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL GLANCE’S, ITS AFFILIATES’ AND/OR ITS LICENSORS’ LIABILITY FOR ALL DAMAGES (EXCEPT AS REQUIRED BY APPLICABLE LAW) EXCEED AN AMOUNT OF FIVE HUNDRED UNITED STATES DOLLARS. THESE LIMITATIONS OF LIABILITY SHALL NOT BE APPLICABLE SOLELY TO THE EXTENT THAT ANY SPECIFIC PROVISION OF THIS LIMITATION OF LIABILITY IS PROHIBITED BY ANY FEDERAL, STATE, OR MUNICIPAL LAW, WHICH CANNOT BE PRE-EMPTED. THIS EULA GIVES YOU SPECIFIC LEGAL RIGHTS, AND YOU MAY HAVE OTHER RIGHTS THAT VARY FROM JURISDICTION TO JURISDICTION.
8.2 Nothing in this EULA shall limit or exclude our liability for:
(a) death or personal injury resulting from our gross negligence;
(b) fraud or fraudulent misrepresentation; and
(c) any other liability that cannot be excluded or limited by applicable laws.
9.1 This EULA will terminate automatically if you fail to or Glance suspects that you have failed to comply with its terms and conditions. In such event, Your Glance Platform may be disabled and You must cease using the Glance Platform, the Content and other materials comprising the Glance Platform. Glance reserves the right, without liability, to change, suspend, remove, disable or terminate access to the Glance Platform, Content and other materials comprising the Glance Platform or certain areas or features of the Glance Platform, at any time for any reason (including without limitation to protect our interests, on account of investigation for a suspected violation of this EULA or as a result of us finding that a violation of this EULA has occurred), with or without notice. Glance further reserves the right to change, modify, update, impose limits, deny or create different access to the use of the Glance Platform, the Content and materials comprising the Glance platform and/or its features, or any part thereof, without prior notice provided however that Glance will comply with all applicable privacy laws in implementing such changes.
9.2 As stated above, in the event the Glance Platform is pre-loaded in Your Device, You may visit the settings page on Your device to disable ‘Glance’ or ‘Glance Experience’ as made available in the such settings page (unless any of our Device partners have disallowed such removal from the Device, in which case, please exercise alternative opt out options provided by the Device partners).
You hereby agree to defend, indemnify and hold harmless Glance, its Affiliates, licensors, officers, directors, employees and agents, from and against any and all claims, damages, actions, losses, liabilities, costs, and expenses (including but not limited to attorney’s fees) arising from: (i) Your use of and access of the Glance Platform, Content and any materials comprising the Glance Platform; (ii) Your violation of any term of this EULA; (iii) Your violation of any third party rights. This defense and indemnification obligation will survive this EULA and Your use of the Glance Platform.
11. Events Outside Our Control
We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under this EULA that is caused by any act or event beyond our reasonable control, including failure of public or private telecommunications networks (“Event Outside Our Control”). If an Event Outside Our Control takes place that affects the performance of our obligations under this EULA: (a) our obligations under this EULA will be suspended and the time for performance of our obligations will be extended for the duration of the Event Outside Our Control; and
12. Other Important Terms
12.2 GOVERNING LAW AND DISPUTE RESOLUTION: Except in cases of exclusive jurisdiction of applicable local laws or where expressly prohibited by applicable laws, this EULA, its subject matter and its formation, are governed by Singapore law. You and we both agree that the courts of Singapore will have non-exclusive jurisdiction.
12.3 CONTACT INFORMATION AND GRIEVANCE OFFICER:
Customer Support: Any enquiries You may have about Our service and features or if You need assistance with the Glance Platform, You may write to Us at firstname.lastname@example.org
Data Privacy: To ask questions on data privacy, exercise applicable data subject rights (to the extent you may enjoy any data subject rights as per privacy laws applicable to you) and our privacy practices, please e-mail us at email@example.com .
Reporting Objectionable Content to Grievance Officer: If you see something objectionable, offensive, or adversely affects you or your community, you can report it to our Grievance Officer at firstname.lastname@example.org with the relevant details of your complaint/ concern.
Please keep in mind that mere reporting to the Company doesn’t guarantee that certain content will be removed from the Glance Platform, however, we are committed to creating a safe environment and will consider all your genuine grievances/ complaints.