END USER LICENSE AGREEMENT FOR TV
LAST UPDATED: March 2025
EFFECTIVE: March 2025
By accessing or using GlanceTV you hereby agree to this END USER LICENCE AGREEMENT (“EULA”). GlanceTV is offered by GLANCE INMOBI PTE. LTD. (“Glance”, “Us”, “Our”, or “We”) to you (“END USER”, “YOUR” OR “YOU”). THE EULA GOVERNS YOUR USE OF GLANCE TV.
GlanceTV may also enable Glance, including its affiliates, Group, third party partners, to display advertisements, promotional offers, weather updates, shopping experience, and/or such other content on Your TV device.
For purpose of this EULA, “GLANCETV” 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 PAUSE ADS, SCREENSAVERS OR HOME SCREEN FOR SMART TELEVISION (AS APPLICABLE). CONTENT DISCOVERY MAY INCLUDE INTERESTING STORIES, NEWS, CONTENT, EVENTS, GAMES, ADVERTISEMENTS, WEATHER, SPORTS, SHOPPING, PRODUCTS ETC. WHICH CAN BE VIEWED/ ACCESSED ON YOUR SMART TELEVISION. THE PLATFORM ALSO ENABLES PARTNERS TO DISPLAY THEIR CONTENT (INCLUDING ADVERTISING, GAMES, PROMOTIONAL, ENTERTAINMENT OR INFORMATIONAL CONTENT) ON THE SMART TELEVISION DEVICES OF THE END USERS AND SITES.
GLANCETV MAY EITHER BE (I) PRE-LOADED WITHIN YOUR SMART TELEVISION DEVICE (“DEVICE”); AND/OR (II) INTEGRATED WITH AN APPLICATION OR WIDGET OR DTH/SET TOP BOX OR DIGITAL SATELLITE ENTERTAINMENT SERVICE FOR YOUR DEVICE;
PLEASE CAREFULLY READ THIS EULA BEFORE SUBSCRIBING TO, ACCESSING OR USING THE GLANCE TV.
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 14.2 “DISPUTE RESOLUTION” BELOW FOR DETAILS REGARDING ARBITRATION.
THE TERMS OF USE ARE FURTHER SET OUT BELOW.
What does Glance offer You:
The Glance TV provides easily accessible content that may be of interest to You such as images, text, snippets, news, weather, sports, entertainment, gifs, infographics, stories, shopping 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”). Content may include content generated using artificial intelligence (“AI”) tools. For the avoidance of doubt, Owned Content may incorporate or include certain Third-Party Content. Glance TV therefore enables Your easy access and assists You to find relevant information of Your interest. By selecting and clicking on the Glance story cardof Your choice, You, can subsequently discover and access more information about a particular Content on Your mobile device, by accessing the links to third-party webpages, applications or other such landing pages by scanning the QR code displayed on Glance TV. It may also feature advertising/ promotional content tailored to your interests. Some Content may further have a call to action to install an application at the user’s election. You may require appropriate internet access and/or mobile data connection to use Glance TV. 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 TV. Glance including its Affiliates, Group, Glance’s Licensors and Device partners or any authorized representative do not make and hereby expressly disclaim any and all liabilities or responsibilities associated with Your access to the internet and related fees.
Additional Input and Output Specific Terms. Certain functionalities of the Services may use artificial intelligence (“AI”) tools to generate content including for example to generate images of you or other creative materials (each, “Output”) in response to: (i) a user interaction; and/or (ii) any Content uploaded to influence the behavior and Output of the AI Service functionality (collectively, “Input”). As between Glance and you, to the extent permitted by applicable law: (1) you own all Input provided by you; and (2) subject to your compliance with this EULA, Glance hereby assigns to you its right, title and interest in and to the Output generated by your Input. Notwithstanding the foregoing, you hereby grant Glance a perpetual, irrevocable, worldwide, non-exclusive, transferable, with the right to sub-license, right and license to use, copy, modify, adapt, create derivative works of, and publicly display in whole or in part your Outputs (including but not limited to your name, likeness, social handle, or any other personal rights or identifying characteristics that are proprietary you)for the purpose of advertising, trade, marketing, publicity or any other lawful purpose related to the Services or any other Glance product, service, or technology, in any and all media now known or hereafter developed. You acknowledge and understand that AI or other automated technologies should not be relied upon for any specific purpose without verification of its accuracy or completeness.
TERMS OF USE
-
GENERAL
1.1 By enabling, subscribing to, accessing or using the Glance TV, you agree to be bound by terms of this EULA. If you don’t agree to be bound by terms of this EULA, do not use the Glance TV. If the Glance TV 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 TV’ or ‘Glance Experience’ as made available in such settings page.
1.2 This EULA applies without prejudice and is subject to any software and Device licences and/or terms of use that you may have entered into or accepted for the use of the third -party application store/platform or the application/ Device in which Glance TV is bundled/pre-loaded, as applicable.
1.3 The terms of this EULA incorporate by reference Glance’s Privacy Policy (“Privacy Policy”) as set out at https://glance.com/tv-policy. By using Glance TV, You agree to be bound by the Privacy Policy.
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 TV or accept this EULA if You are a person who is either barred or otherwise legally prohibited from receiving or using Glance TV under the laws of the country in which You are resident or from which You access or use Glance TV.
1.5 You may use the Glance TV 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.
1.6 Feedback. We appreciate feedback, comments, ideas, proposals, and suggestions for improvements to the Glance TV (“Feedback”). If you choose to submit Feedback, you agree that we are free to use it without any restriction or compensation to you.
-
ACKNOWLEDGEMENTS
You agree and acknowledge that:
2.1 The Glance TV includes Third Party Content, advertising information or promotional material (“Promo-Content”) and it is hereby clarified that Glance is not responsible or liable for any Third Party Content and/or Promo-Content, the intellectual property and other proprietary rights in the Third Party Content and/or Promo-Content. Glance is not responsible for the accuracy of any Content which may be accessed by You and Your use of the Glance TV, the Promo-Content and the Content, including Your election to view, interact with or action upon the same is at Your sole risk and discretion.
2.2 You will need to make Your own independent judgment regarding Your (i) direct interaction with any third-party landing pages/ websites/ applications where Glance redirects You; or (ii) Your participation in promotions or interaction with Third Party Content and/or Promo-Content of any advertisers, content providers, e-commerce partners, reward partners or payment facilitators even if you elect to engage with any such content such as games, promotions, advertisement, product purchase on the Glance TV. We assume no liability for the same and Your correspondence or business dealings with, or participation in promotions/ content of advertisers, content providers, e-commerce partners, reward partners or payment facilitators found on Glance TV, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, shall be solely between You and such third party. We urge you to refer and review the terms of use, warranties and license agreements of such third-party promotions, OTT content partners, streaming partners, e-commerce partners, sponsors, advertisers, websites, applications and other landing pages that you interact with.
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 TV maybe affected, interrupted or disrupted for reasons beyond Glance’s reasonable control. Any message or information You send using Glance TV may be read or intercepted by others, even if there is a special notice that a particular transmission is encrypted.
2.5 For Glance TV to provide optimum End User experience, we may collect and/or obtain certain End User information (including device-related information, Google Ad ID, IP address, location data etc.). All such End User information shall be collected, used and processed in accordance with the provisions of the Privacy Policy. The Privacy Policy explains how we collect, use and share Your data when You use Glance TV. Glance TV may enable You with the ability to disable or opt out of certain features (including targeted advertising, if applicable). When these features are made available, to change these settings, please visit the settings page on Your Device or use other mechanisms which we or the Device partners will provide and update you about from time to time.
-
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 TV, 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 TV is licensed (not sold) to You and You have no rights in, or to, the Glance TV other than the right to use the Glance TV 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 TV 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 TV and the Content.
3.3 You agree that the Glance TV and the Content viewed through the Glance TV is solely for your personal use only.
-
LICENSE AND CONTENT RESTRICTIONS
LICENSE RESTRICTIONS
4.1 Except as expressly set out in this EULA, You agree:
(a) not to copy the Glance TV (including its specific design, user interface) except where such copying is incidental to normal use of Glance TV, 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 for TV;
(c) not to make alterations to, or modifications of, the whole or any part of Glance Platform for TV, or permit the Glance TV 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 TV 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 TV 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 TV 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 TV;
(e) not to provide or otherwise make available the Glance TV 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 TV in Your use of the Platform..
-
-
CONTENT RESTRICTIONS
5.1 You may not
(a) use Content in an obscene, pornographic, defamatory, disparaging, infringingor other unlawful manner or in violation of any applicable laws, proprietary or privacy rights;
(b) Unless expressly permitted pursuant to Glance TV, use the Content for any commercial, promotional, advertorial, endorsement, advertising or merchandising purpose;
(c) share, aggregate, re-distribute, reproduce, download, sub-license, publish, copy, create derivative works, offer for sale or use the Content and/or Promo-Content displayed on Glance Platform for TV (unless You are specifically permitted by way of a ‘Share’ or ‘Copy’ button); and/or
(d) re-order, modify, edit obscure or truncate in anyway the Content. Promo-Content or Glance Platform for TV.
(e) 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.
-
ACCEPTABLE USE RESTRICTIONS
You must:
6.1 not use the Glance TV 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 for TV or any operating system and shall at all times remain compliant with laws applicable to Your use of Glance TV;
6.2 not infringe Our intellectual property rights or those of any third party or any license terms in relation to Your use of Glance TV or any service associated (to the extent that such use is not licensed by this EULA);
6.3 not use the Glance TV in a way that could damage, disable, overburden, impair or compromise our systems or security or interfere with other users; and
6.4 not collect or harvest any information or data obtained from any Glance TV or our systems or attempt to decipher any transmissions to or from the servers running any service for the Glance TV including attempt to sale, resale, broker, re-broker, reverse-engineer or make derivative works of such data.
6.5 You are required to be aware that your accessibility to any games / contests, depend on your location at the time of accessing such games and as per provisions of applicable law. Glance may, in accordance with the laws prevailing in certain geographical locations, bar individuals residing in those territories from participating in the contest(s).
-
UNAUTHORIZED USE OF CONTENT
We view the removal or “take down” of Content from the Glance TV as a significant step. Consequently, if You believe Your copyright has been infringed by a posting on the Glance Platform for TV, 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 Content, Your notification to us needs to include the following:
(a) Detailed identification of Your copyrighted or otherwise protected work that You believe has been infringed.
(b) Identification of the specific Content or Material on the Glance TV that You claim is infringing Your copyrighted or otherwise protected work identified in item #(a) above.
(c) Your contact information (email address preferred).
(d) Contact information for the owner/administrator of the allegedly infringing webpage or other Content (email address preferred).
(e) You must also include the following statements in Your written notification:
“I have a good faith belief that use of the copyrighted materials work described in this notification as allegedly infringing is not authorized by the copyright owner, its agent, or the law.
I swear, under penalty of perjury, that the information in this notification is accurate and that I am the copyright owner, or I am authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.”
(f) You must then sign Your written notification.
(g) Finally, send the completed written notification to support@glance.com
-
TRADEMARKS AND COPYRIGHTS
Glance, the Glance logo and other Glance trademarks, service marks, graphics, and logos used in connection with the Glance TV 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 TV 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 TV, 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.
-
LIMITED WARRANTY AND DISCLAIMER
9.1 Any implied warranties including those prescribed by statute are expressly disclaimed.
9.2 TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE GLANCE TV 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 PLATFORMFOR TV; WILL MEET YOUR REQUIREMENTS; THAT THE GLANCE TV WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT THE GLANCE TV WILL INTEROPERATE OR BE COMPATIBLE WITH ANY OTHER SERVICE OR THAT ANY ERRORS IN THE GLANCE TV 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 LIMITATIO NS 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.
ARTIFICIAL INTELLIGENCE DISCLAIMER: YOU UNDERSTAND AND AGREE THAT CERTAIN ASPECTS OF THE SERVICES, INCLUDING AI FUNCTIONALITIES THEREOF, MAY BE THE OUTPUTS OF THIRD-PARTY GENERATIVE ARTIFICIAL INTELLIGENCE TOOLS. YOU ACKNOWLEDGE AND AGREE: (I) THAT DUE TO THE NATURE OF ARTIFICIAL INTELLIGENCE AND MACHINE LEARNING, SUCH OUTPUTS MAY NOT BE UNIQUE ACROSS USERS OF THE SERVICES AND THE SERVICES MAY GENERATE THE SAME OR SIMILAR OUTPUT FOR YOU OR A THIRD PARTY OR DIFFERENT OUTPUT WITH THE SAME PROMPT OR OTHER INPUT; AND (II) WE DO NOT GUARANTEE THE ACCURACY OR COMPLETENESS OF ANY INFORMATION OR CONTENT IN THE OUTPUT OR THAT SUCH OUTPUT WILL MEET YOUR REQUIREMENTS OR ACHIEVE ANY SPECIFIC RESULTS.
-
LIMITATION OF LIABILITY
10.1 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 Glance TV, 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 ONE THOUSAND 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.
10.2 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.
-
TERMINATION
11.1 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 TV may be disabled and You must cease using the Glance TV, the Content and other materials comprising the Glance TV. Glance reserves the right, without liability, to change, suspend, remove, disable or terminate access to the Glance Platform for TV, Content and other materials comprising the Glance TV or certain areas or features of the Glance TV, 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 TV, the Content and materials comprising the Glance TV 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.
11.2 As stated above, in the event the Glance TV is pre-loaded in Your Device, You may visit the settings page on Your device to disable ‘Glance’ as made available in the relevant 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).
-
INDEMNITY
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 Platformfor TV, Content and any materials comprising the Glance TV; (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 TV.
-
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 reasonablecontrol, 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.
-
GOVERNING LAW
- For users located in the United States, the EULA, its subject matter, its formation and any action related thereto are governed by the Federal Arbitration Act, federal arbitration law, and the laws of California, without regard to its conflict of laws provisions, and will be resolved pursuant to Section 16.2 “Dispute Resolution.” Except as otherwise expressly set forth in Section 16.2 “Dispute Resolution,” the exclusive jurisdiction for all Disputes (defined below) with U.S. users that You and We are not required to arbitrate, will be the state and federal courts located in the San Francisco, California, and You and We each waive any objection to jurisdiction and venue in such court except in cases of exclusive jurisdiction of applicable local laws or where expressly prohibited by applicable laws.
- For non-U.S. and non-Japan users, this EULA, its subject matter, its formation and any action related thereto, are governed by Singapore law, without regard to its conflict of laws provisions. The exclusive jurisdiction for any dispute, claim or controversy arising out of or relating to this EULA or the breach, termination, enforcement, interpretation or validity thereof or the use of the Services (collectively, “Disputes”) will be in Singapore, and You and Glance each waive any objection to jurisdiction and venue in such courts except in cases of exclusive jurisdiction of applicable local laws or where expressly prohibited by applicable laws.
14.2 Dispute Resolution for U.S. Users
- (a) Mandatory Arbitration of Disputes. All Disputes will be resolved solely by binding, individual arbitration and not in a class, representative or consolidated action or proceeding. You and Glance agree that the U.S. Federal Arbitration Act governs the interpretation and enforcement of this EULA, and that you and Glance are each waiving the right to a trial by jury or to participate in a class action. This arbitration provision shall survive termination of this EULA.
- (b) Exceptions. As limited exceptions to Section 16(a) above: (i) we both may seek to resolve a Dispute in small claims court if it qualifies; and (ii) we each retain the right to seek injunctive or other equitable relief from a court to prevent (or enjoin) the infringement or misappropriation of our intellectual property rights.
- (c) Conducting Arbitration and Arbitration Rules. The arbitration will be conducted by the American Arbitration Association (“AAA”) under its Consumer Arbitration Rules (the “AAA Rules”) then in effect, except as modified by this EULA. The AAA Rules are available at adr.orgor by calling 1-800-778-7879. A party who wishes to start arbitration must submit a written Demand for Arbitration to AAA and give notice to the other party as specified in the AAA Rules. The AAA provides a form Demand for Arbitration at www.adr.org. Any arbitration hearings will take place in the county (or parish) where you live, unless we both agree to a different location. The parties agree that the arbitrator shall have exclusive authority to decide all issues relating to the interpretation, applicability, enforceability and scope of this arbitration agreement.
- (d) Arbitration Costs Payment of all filing, administration and arbitrator fees will be governed by the AAA Rules, and we won’t seek to recover the administration and arbitrator fees we are responsible for paying, unless the arbitrator finds your Dispute frivolous. If we prevail in arbitration we’ll pay all of our attorneys’ fees and costs and won’t seek to recover them from you. If you prevail in arbitration you will be entitled to an award of attorneys’ fees and expenses to the extent provided under applicable law.
- (e) Injunctive and Declaratory Relief. Except as provided in Section 16(b) above, the arbitrator shall determine all issues of liability on the merits of any claim asserted by either party and may award declaratory or injunctive relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by that party’s individual claim. To the extent that you or we prevail on a claim and seek public injunctive relief (that is, injunctive relief that has the primary purpose and effect of prohibiting unlawful acts that threaten future injury to the public), the entitlement to and extent of such relief must be litigated in a civil court of competent jurisdiction and not in arbitration. The parties agree that litigation of any issues of public injunctive relief shall be stayed pending the outcome of the merits of any individual claims in arbitration. /li>
- (f) Class Action Waiver. YOU ANDGlance AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING.Further, if the parties’ Dispute is resolved through arbitration, the arbitrator may not consolidate another person’s claims with your claims and may not otherwise preside over any form of a representative or class proceeding. If this specific provision is found to be unenforceable, then the entirety of this Dispute Resolution section shall be null and void.
- (g) Severability. With the exception of any of the provisions in Section 14(f) of this EULA (“Class Action Waiver”), if an arbitrator or court of competent jurisdiction decides that any part of this EULA is invalid or unenforceable, the other parts of this EULA will still apply.
-
OTHER IMPORTANT TERMS
15.1 MISCELLANEOUS: This EULA and the Privacy Policy represents the complete agreement concerning this license between the parties and supersedes all prior agreements and representations between them. Glance reserves the right, at its discretion, to change, modify, add or remove portions of this EULA provided that in case of any material changes which impacts the rights and obligations of the End User, Glance shall attempt to notify the End User of such material changes and shall post the updated material terms on this page. If you don’t agree to be bound by the changes, you may not use the Glance TV anymore. Because our services are evolving over time we may change or discontinue all or any part of the Glance TV, at any time and without notice, at our sole discretion.
15.2 Subject to requirements of express consent under any applicable data privacy laws which we comply with, Your continued use of the Glance TV after we make changes is deemed to be acceptance of those changes, so please check the applicable EULA and/or policy(ies) periodically for updates. If any provision of this EULA is held to be unenforceable for any reason, such provision shall be reformed only to the extent necessary to make it enforceable and the remaining provisions of this EULA shall not be affected. Please keep in mind that mere reporting to the Company doesn’t guarantee that certain content will be removed from the Glance TV, however, we are committed to creating a safe environment and will consider all your genuine grievances/ complaints.
15.3. Severability: 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.
15.4 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.
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 TV, You may write to Us at support@glance.com. Please include the subject like ‘Support Query for Glance on TV’.
- 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 privacy@glance.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 grievance@glance.com 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 TV, however, we are committed to creating a safe environment and will consider all your genuine grievances/ complaints.