LAST UPDATED: April 2023
EFFECTIVE: April 2023
IMPORTANT NOTICE REGARDING ARBITRATION FOR U.S. USERS: WHEN YOU AGREE TO THESE TERMS YOU ARE AGREEING (WITH LIMITED EXCEPTION) TO RESOLVE ANY DISPUTE BETWEEN YOU AND GLANCE THROUGH BINDING, INDIVIDUAL ARBITRATION RATHER THAN IN COURT. PLEASE REVIEW CAREFULLY SECTION 16.2 “DISPUTE RESOLUTION” BELOW FOR DETAILS REGARDING ARBITRATION.
The Glance Platform provides content and advertisements that may be of interest to you, that may include current affairs, images, text snippets, gifs, infographics, stories, gaming experience, videos, wallpapers, audio-visual programs, and other information, as may be applicable in your country where Our Service is offered (“Content”). Content may be generated, developed or produced by Glance (“Owned Content”) or aggregated, obtained and/or licensed through third party sources (“Third Party Content”). Owned Content may incorporate or include Third-Party Content. Glance allows you to access more information about a particular Content, either within the Glance Platform or by accessing the links to third-party webpages, applications, channels, services, certain reward-based game programs, game content, or other such landing pages , which We do not operate. Some Content may have a call to action to install an application at Your election. Glance may also feature advertising tailored to your interests. The Glance Platform also provides online games as part of Content, Owned Content or Third-Party Content. 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 a website. You may require appropriate internet access and/or mobile data connection to use Glance Platform. You are solely responsible for any fees charged by your Internet access provider including carrier data plans, extra charges or taxes that you may incur when using Glance Platform. Glance including its Group, Glance’s licensors and Device partners or any authorized representative hereby expressly disclaim any and all liabilities or responsibilities associated with Your access to the internet and related fees.
You agree that You are of a minimum legal age in your country for using the Services and/or capable of forming a binding contract with Glance, and not otherwise barred from using the Services under applicable law. You may use the Glance Platform and the Content only in geographic locations where We offer our service and have licensed such Content.
If you are considered a minor in your country, you represent that you have your parent or guardian’s permission/consent to use the Service and accept this EULA. Please have them read this Agreement with you. If you are a parent or legal guardian of a minor in your country, by allowing your child to use the Service, you are subject to the terms of this Agreement and responsible for your child’s activity on the Service.
By installing, subscribing to, accessing or using the Services, you agree to be bound by the terms of this EULA. If you don’t agree to be bound by this EULA, do not use the Services. You may elect to disable 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. If the Glance Platform is pre-loaded on 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 such settings page.
We may update the EULA from time to time in our sole discretion. If We do, We’ll let you know by posting the updated EULA on Our website, to the App and/or may also send other communications. It’s important that you review the EULA whenever We update them or you use the Services. If you continue to use the Services after We have posted updated EULA it means that you accept and agree to the changes. If you don’t agree to be bound by the changes, you may not use the Services anymore. Because our Services are evolving over time We may change or discontinue all or any part of the Services, at any time and without notice, at our sole discretion.
For games, or other contests on the Glance Platform. To participate on Glance’s games or contests as part of Content, Owned Content or Third-Party Content, You must be a legal resident of the country from which You are accessing Glance Platform , to be eligible to play and participate in such games/contests. Your accessibility to these games / contests, depend on your location at the time of accessing such games and as permitted under the applicable law. Glance may, in accordance with the laws prevailing in certain geographies, bar individuals residing in those geographies from participating in certain games/contest(s). We may, in our sole discretion, disqualify any individual found to be: (a) acting in violation of these rules; or (b) acting in an unsportsmanlike or disruptive manner or with intent to annoy, abuse, threaten or harass any other person. If You are participating in any of the gaming, talent hunt or other contests on the Glance Platform, your participation will be subject to the contest specific terms as We will notify You about from time to time.
We appreciate feedback, comments, ideas, proposals, and suggestions for improvements to the Services (“Feedback”). If You choose to submit Feedback, You agree that We are free to use it without any restriction or compensation to You.
7.1 Your Content
7.2 Glance’s Intellectual Property. We may make available through the Services Owned Content and Third Party Content that is subject to intellectual property rights. We retain all rights to that Owned Content and Third Party Content.
7.3 Third Party Content.Glance Platform includes Third Party Content, advertisement services from Glance or the Group, advertising information or promotional material (“Ad-Content”). Glance does not create and is not responsible 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. You will need to make your own independent judgment regarding whether You interact with Third Party Content and assume the risk in doing so. Where applicable, Glance attributes Content to the relevant Third Party Content provider/ licensor. If You believe the Third Party Content infringes the intellectual property or other proprietary rights, please contact the Third Party Content provider.
7.4 Content Moderation..We and Our agents have the right at Our sole discretion to remove any materials that, in Our judgment, do not comply with this EULA and any other rules of user conduct for Our Glance Platform, or is otherwise harmful, objectionable, or inaccurate. To the extent permitted under the applicable laws, You agree that We are not responsible for any failure or delay in removing such materials. You hereby consent to any such removal deemed appropriate by Us, and, You waive any claim against Us arising out of such removal of Materials and agree to indemnify and hold Us harmless from any and all claims asserted based upon such removal. See "Removal of Alleged Infringing Works" below for a description of the procedures to be followed in the event that any party believes that materials posted on the Glance Platform infringes on any patent, trademark, trade secret, copyright, right of publicity, moral right, or other proprietary right of any party.
8.1 Subject to the foregoing, Glance and its licensors exclusively own all right, title and interest, including, without limitations, all intellectual property rights, in and to the Services and Owned Content, including all software, features, trademarks, trade names, service marks, trade dress, and the look and feel of the Services. You acknowledge that (i) the Services and Content are protected by applicable copyright, trademark, and other laws of the United States and the other countries including Japan. You agree not to remove, alter or obscure any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying the Services or Owned Content, (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.
8.2 In consideration of You agreeing to abide by the terms of this EULA and if You comply with these terms, We grant You a revocable, non-sub-licensable, non-transferable, non-exclusive limited right and license to access, download, install, and use the Glance Platform in object code only on your Device, 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.
8.3 You agree that the Glance Platform and the Content viewed through the Glance Platform is solely for your personal use only.
8.4 Service Limits Based on Where You Live. Except where prohibited by law, We may restrict, modify, or limit your access to and use of certain Content, or any or all of the Services, depending on the country in which You are located. The Content that may be available to watch will vary by geographic location and will change from time to time.
9.1 LICENSE RESTRICTIONS. Except as expressly set out in this EULA, You agree:
9.2 CONTENT RESTRICTIONS AND ACCEPTABLE USE. You may not, or encourage or enable anyone else to:
10.1 Glance, the Glance logo and other Glance trademarks, service marks, graphics, and logos used in connection with the Glance Platform (“Glance Marks”) are trademarks or registered trademarks of Glance and/or the Group 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.We respect copyright law and expect our users to do the same. The unauthorized copying, modification, use or publication of the Glance Platform, Content and Glance Marks is strictly prohibited. It’s our policy to terminate in appropriate circumstances Glance accounts of users who repeatedly infringe or are believed to be repeatedly infringing the rights of copyright and trademark holders. Any violation of copyright and other proprietary laws may result in severe civil and criminal penalties, including monetary damages.
10.2 Removal of Alleged Infringing Works.We view the removal or "take down" of Content from the Glance Platform as a significant step. Consequently, if You believe your copyright has been infringed by a posting on the Glance Platform, We ask that You send us a written notification in the manner provided below. To be effective and to support immediate removal of the allegedly infringing material or Content, your notification to us needs to include the following:
11.1 Any implied warranties including those prescribed by statute are expressly disclaimed.
11.2 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’S LICENSORS, 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, GROUP AND DEVICE PARTNERS DO NOT WARRANT AGAINST INTERFERENCE WITH YOUR ENJOYMENT OF THE GLANCE PLATFORM; THAT 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, THE GROUP, 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.
11.3 CERTAIN FEATURES AND FUNCTIONALITIES OF GLANCE MAY FALL UNDER THE DEFINITION OF AN INTERMEDIARY PLATFORM IN ACCORDANCE WITH THE APPLICABLE LAWS. WE ALLOW USERS TO ACESS AND USE CONTENT AND CONTRIBUTE MATERIALS, WHILE EXERCISING DILIGENCE TO THE EXTENT REQUIRED UNDER THE APPLICABLE LAWS. WE DO NOT REFER, ENDORSE, RECOMMEND, VERIFY, EVALUATE OR GUARANTEE ANY ACTIONS, OUTCOME, INFORMATION IN CONNECTION WITH THIS GLANCE PLATFORM OR THE CONTENT OR MATERIALS, NOR DO WE WARRANT THE VALIDITY, ACCURACY, COMPLETENESS, SAFETY, LEGALITY, QUALITY, OR APPLICABILITY OF ANYTHING SAID, DISPLAYED, PROMOTED OR PROVIDED FOR IN THIS GLANCE PLATFORM, AS IT IS INTENDED SOLELY FOR ENTERTAINMENT PURPOSES. THE USER IS RESPONSIBLE FOR HIS/ HER OWN DECISIONS AND ACTIONS UNDERTAKEN INCLUDING WHILE PROVIDING ANY MATERIALS.
11.4 Reward Disclaimers
12.1 IN NO EVENT WILL GLANCE, THE GROUP AND/OR LICENSORS BE LIABLE FOR LOSS OF PROFITS, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES RESULTING FROM POSSESSION, ACCESS, USE OR MALFUNCTION OF THE GLANCE PLATFORM, 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, THE GROUP AND/OR ITS LICENSORS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL GLANCE’S, THE GROUP AND/OR ITS LICENSORS’ LIABILITY FOR ALL DAMAGES (EXCEPT AS REQUIRED BY APPLICABLE LAW) EXCEED AN AMOUNT OF FIVE HUNDRED UNITED STATES DOLLARS.
12.2 THESE LIMITATIONS OF LIABILITY SHALL NOT BE APPLICABLE SOLELY TO THE EXTENT THAT ANY SPECIFIC PROVISION OF THIS LIMITATION OF LIABILITY IS PROHIBITED BY THE LAWS OF ANY COUNTRY, INCLUDING FEDERAL AND STATE, PROVINCES, OR OTHER JURISDICTION, WHICH CANNOT BE PRE-EMPTED. INSTEAD, IN SUCH JURISDICTIONS, THE FOREGOING EXCLUSIONS AND LIMITATIONS WILL APPLY TO THE MAXIMUM EXTENT PERMITTED BY THE LAWS OF SUCH JURISDICTIONS. THIS EULA GIVES YOU SPECIFIC LEGAL RIGHTS, AND YOU MAY HAVE OTHER RIGHTS THAT VARY FROM JURISDICTION TO JURISDICTION, AND NOTHING IN THIS AGREEMENT WILL PREJUDICE SUCH RIGHTS THAT YOU MAY HAVE AS A CONSUMER OF THE SERVICES.
12.3 Nothing in this EULA shall limit or exclude our liability for:
13.1 We may suspend or terminate your access to and use of the Services, at our sole discretion, at any time and without notice to You. 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 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.
13.2 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 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). Upon termination, the following sections will survive: Sections 7.1; 7.2; 9; 10; 12; 13; 14; and 16.
You hereby agree to defend, indemnify and hold harmless Glance, the Group, 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.
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
(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.
16.1 Governing Law
16.2 Dispute Resolution for U.S. Users
17.1 Links to Third Party Websites or Resources. The Services may allow You to access third-party websites or other resources. We provide access only as a convenience and are not responsible for the content, products or services on or available from those resources or links displayed on such websites. You acknowledge sole responsibility for and assume all risk arising from, your use of any third-party resources.
17.2 Reservation of Rights.Glance and its licensors exclusively own all right, title and interest in and to the Services, including all associated intellectual property rights. You acknowledge that the Services are protected by copyright, trademark, and other laws of the United States and the other countries including Japan. You agree not to remove, alter or obscure any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying the Services.
17.3 Entire Agreement. This EULA constitutes the entire and exclusive understanding and agreement between Glance and You regarding the Services, and this EULA supersedes and replaces all prior oral or written understandings or agreements between Glance and You regarding the Services. If any provision of this EULA is held invalid or unenforceable by an arbitrator or a court of competent jurisdiction, that provision will be enforced to the maximum extent permissible and the other provisions of this EULA will remain in full force and effect. Except where provided by applicable law in your jurisdiction, You may not assign or transfer this EULA, by operation of law or otherwise, without Glance’s prior written consent. Any attempt by You to assign or transfer this EULA, in absence of Our consent or your statutory right, will be null. Glance may freely assign or transfer this EULA without restriction. Subject to the foregoing, this EULA will bind and inure to the benefit of the parties, their successors and permitted assigns.
17.4 Notices. Any notices or other communications provided by Glance under this EULA will be given: (i) via email; or (ii) by posting to the Services. For notices made by email, the date of receipt will be deemed the date on which such notice is transmitted.
17.5 Waiver of Rights. Glance’s failure to enforce any right or provision of this EULA will not be considered a waiver of such right or provision. The waiver of any such right or provision will be effective only if in writing and signed by a duly authorized representative of Glance. Except as expressly set forth in this EULA, the exercise by either party of any of its remedies under this EULA will be without prejudice to its other remedies under this EULA or otherwise.