QWIKPLAY  TERMS OF USE AND END USER LICENCE AGREEMENT

EFFECTIVE DATA: JULY 2023 

Please read this END USER LICENCE AGREEMENT (“EULA”) and our Privacy Policy made available to you carefully downloading, subscribing to, accessing or using   QwikPlay, because the EULA governs your use. The QwikPlay Platform is offered by GLANCE INMOBI PTE. LTD., (“QwikPlay”, “Us”, “Our”, or “We”). 

For purposes of this EULA, “QwikPlay Platform” means the gaming proposition offered independently via app stores, or as made available in any format, which enables You (“You”, or “End Users”) to explore and discover Content or services through your mobile device (via lock-screen, home screen or otherwise). QwikPlay Platform may also enable QwikPlay, including Glance entities such Glance InMobi Pte Limited, Glance Digital Experience Pvt. Ltd., etc (“Glance”), its affiliates, associates and group companies (collectively, "Group"), partners, to display advertisements, promotional offers and/or games on mobile device and sites. To make this EULA easier to read, QwikPlay Platform, including our Content or other services accessible through Us or in Our support are collectively called the “Services.” 

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 US THROUGH BINDING, INDIVIDUAL ARBITRATION RATHER THAN IN COURT. PLEASE REVIEW CAREFULLY SECTION 16.2 “DISPUTE RESOLUTION” BELOW FOR DETAILS REGARDING ARBITRATION.

1. The QwikPlay Platform Services

The QwikPlay Platform may provide games, gaming related content, and advertisements that may be of interest to you, that may include , images, text snippets, gifs, infographics, stories, gaming experience and features, live videos, recorded videos, wallpapers, audio-visual programs, tournaments, esports, contests, android/IOS application download, cloud hosted gameplays and other information, as may be applicable in your country where Our Service is offered (“Content”). Content may be generated, developed or produced by QwikPlay/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. QwikPlay allows you to access more information about a particular Content, either within the QwikPlay 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. QwikPlay may also feature advertising tailored to your interests. The QwikPlay Platform may either be (i)integrated with an application or widget on your device; (ii) downloaded and installed by You from a third-party application store; (iii) viewed on a website or third party application. You may require appropriate internet access and/or mobile data connection to use QwikPlay 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 QwikPlay Platform. QwikPlay including Group, QwikPlay’s licensors and Glance’s Device partners or any authorized representative and 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 QwikPlay and Glance, and not otherwise barred from using the Services under applicable law. You may use the QwikPlay 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.

2. Agreement to EULA. 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 or not access the QwikPlay Platform and/or some of its features may not be made available to You. The QwikPlay Platform may also fail to operate and provide You with optimum experience.  

3. Feedback. 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.

4. Changes to the EULA or the Services. 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.

5. Who May Use the Services. 

To participate on 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 QwikPlay 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. QwikPlay 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 QwikPlay Platform, your participation will be subject to the contest specific terms as We will notify You about from time to time.

7. Content

7.1. Your Content

• Posting Content. Our Services may allow You to store or share content such as text (in posts or communications with others), GIF files, with audio or video, images, graphics or stickers, emojis. Anything (other than Feedback) that You post or otherwise make available through the Services is referred to as “User Content”. QwikPlay does not claim any ownership rights in any User Content and nothing in this EULA will be deemed to restrict any rights that You may have to your User Content.
• Permissions to Your User Content.  By making any User Content available through the Services You hereby grant to QwikPlay a non-exclusive, transferable, worldwide, royalty-free license, with the right to sublicense, to use, copy, modify, create derivative works based upon, distribute, publicly display, and publicly perform your User Content in connection with operating and providing the Services.
• Your Responsibility for User Content. You are solely responsible for all your User Content. You represent and warrant that You have (and will have) all rights that are necessary to grant us the license rights in your User Content under this EULA. You represent and warrant that neither your User Content, nor your use and provision of your User Content to be made available through the Services, nor any use of your User Content by QwikPlay on or through the Services will infringe, misappropriate or violate a third party’s intellectual property rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation.
• Removal of User Content. You can remove your User Content by specifically deleting it. You should know that in certain instances, some of your User Content (such as posts or comments You make) may not be completely removed and copies of your User Content may continue to exist on the Services. To the maximum extent permitted by law, We are not responsible or liable for the removal or deletion of (or the failure to remove or delete) any of your User Content. 
• No Endorsement. You acknowledge that We neither endorse nor assume any liability for the contents of any material uploaded or submitted by You or third-party users of the QwikPlay Platform. We have no obligation to pre-screen, monitor, or edit the Content posted by users of communications services, comments boards, or other interactive services that may be available on or through the QwikPlay Platform. However, We may elect to pre-screen, monitor or edit any content to the extent required to be in compliance with applicable laws and QwikPlay’s policies and guidelines as well as for the purpose of operating the Services.

7.2. QwikPlay’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. QwikPlay Platform includes Third Party Content, advertisement services from QwikPlay, Glance or the Group, advertising information or promotional material (“Ad-Content”). QwikPlay 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, QwikPlay 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.

• 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 QwikPlay 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 QwikPlay Platform infringes on any patent, trademark, trade secret, copyright, right of publicity, moral right, or other proprietary right of any party.

8. OWNERSHIP AND GRANT OF LICENSE

8.1 Subject to the foregoing, QwikPlay 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 QwikPlay 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 QwikPlay 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 QwikPlay 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 QwikPlay Platform and the Content.

8.3 You agree that the QwikPlay Platform and the Content viewed through the QwikPlay 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. LICENSE AND CONTENT RESTRICTIONS

9.1 LICENSE RESTRICTIONS. Except as expressly set out in this EULA, You agree:

• not to copy, reproduce, distribute, display, mirror, frame or use the Glance Platform (or any of our other materials, intellectual property, or proprietary information), including its specific design, user interface, in a way that is not expressly authorized in this Agreement;
• not to sell, rent, lease, license, sub-license, loan, translate, merge, adapt, vary or modify the QwikPlay Platform, or any Content, , except as explicitly permitted by us; 
• not to make alterations to, or modifications of, the whole or any part of QwikPlay Platform, or permit the QwikPlay  Platform or any part of it to be combined with, the Services or any Content or become incorporated in, any other programs including any root software;
• not to disassemble, decompile, reverse-engineer or create derivative works based on the whole or any part of the QwikPlay  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 QwikPlay  Platform with another software program, and provided that the information obtained by You during such activities is (1) used only for the purpose of achieving inter-operability of QwikPlay  Platform with another software program; and (2) 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 QwikPlay  Platform;
• not to provide or otherwise make available the QwikPlay  Platform in whole or in part (including object and source code), in any form to any person without prior written consent from Us; 
• to comply with all technology control or export laws and regulations that apply to the technologies used or supported by QwikPlay  Platform in your use of the Platform; 
• not to attempt to probe, scan, or test QwikPlay ’s vulnerability or breach any security or authentication measures; 
• not to access, tamper with, or use non-public areas of the Services; and 
• not to directly or indirectly induce others to do any of the above.

• CONTENT RESTRICTIONS AND ACCEPTABLE USE. You may not, or encourage or enable anyone else to:

• post, upload, publish, submit or transmit any User Content that: (i) infringes, misappropriates or violates a third party’s patent, copyright, trademark, trade secret, moral rights or other intellectual property rights, or rights of publicity or privacy; (ii) violates, or encourages any conduct that would violate, any applicable law or regulation or would give rise to civil liability; (iii) is fraudulent, false, misleading or deceptive; (iv) is defamatory, obscene, pornographic, vulgar or offensive; (v) promotes discrimination, bigotry, racism, hatred, harassment or harm against any individual or group; (vi) is violent or threatening or promotes violence or actions that are threatening to any person or entity; or (vii) promotes illegal or harmful activities or substances;
• 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 QwikPlay  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 QwikPlay  Platform (unless You are specifically permitted by way of a ‘Share’ or ‘Copy’ button); 
• re-order, modify, edit, obscure or truncate in anyway the Content, Ad-Content or QwikPlay  Platform; 
• use the QwikPlay  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 QwikPlay  Platform or any operating system and shall at all times remain compliant with laws applicable to your use of QwikPlay  Platform;
• infringe Our intellectual property rights (e.g., patent, copyright, trademark, trade secret, contractual rights, moral rights or other intellectual property rights, or rights of publicity or privacy) or those of any third party or any license terms in relation to your use of QwikPlay  Platform or any service associated (to the extent that such use is not licensed by this EULA);
• use the QwikPlay  Platform in a way that would or attempt to interfere with, that could damage, disable, overburden, impair or compromise our systems or security or interfere with other users; and
• collect or harvest any information or data obtained from any QwikPlay Platform or Our systems or attempt to decipher any transmissions to or from the servers running any service for the QwikPlay  Platform including attempt to sale, resale, broker, re-broker, reverse-engineer or make derivative works of such data.

10. TRADEMARKS AND COPYRIGHTS

10.1. QwikPlay , the QwikPlay  logo and other QwikPlay  trademarks, service marks, graphics, and logos used in connection with the QwikPlay  Platform (“QwikPlay  Marks”) are trademarks or registered trademarks of QwikPlay, 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 QwikPlay  Platform and/or the Content is the copyright of QwikPlay  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 QwikPlay  Platform, Content and QwikPlay  Marks is strictly prohibited. It’s our policy to terminate in appropriate circumstances QwikPlay  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 QwikPlay Platform as a significant step. Consequently, if You believe your copyright has been infringed by a posting on the QwikPlay 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:

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 QwikPlay  Platform that You claim is infringing your copyrighted or otherwise protected work 

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. 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.”

• You must then sign your written notification.  
• Finally, send the completed written notification to support@glance.com

11. LIMITED WARRANTY AND DISCLAIMER 

11.1. Any implied warranties including those prescribed by statute are expressly disclaimed.

• TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE QWIKPLAY  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. QWIKPLAY , QWIKPLAY ’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. QWIKPLAY , QWIKPLAY ’S LICENSORS, GROUP AND DEVICE PARTNERS DO NOT WARRANT AGAINST INTERFERENCE WITH YOUR ENJOYMENT OF THE QWIKPLAY  PLATFORM; THAT THE QWIKPLAY PLATFORM WILL MEET YOUR REQUIREMENTS; THAT THE QWIKPLAY  PLATFORM WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT THE QWIKPLAY  PLATFORM WILL INTEROPERATE OR BE COMPATIBLE WITH ANY OTHER SERVICE OR THAT ANY ERRORS IN THE QWIKPLAY  PLATFORM WILL BE CORRECTED. NO ORAL OR WRITTEN ADVICE PROVIDED BY QWIKPLAY , THE GROUP QWIKPLAY ’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.

• CERTAIN FEATURES AND FUNCTIONALITIES OF QWIKPLAY  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 QWIKPLAY  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 QWIKPLAY  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.

• Reward Disclaimers 

• Winners of any gaming contests, surveys, rewards program, etc. conducted on the QwikPlay  Platform may be entitled to rewards and prizes (including without limitation gift vouchers as specified in the respective contests / program announcements) (“Rewards”). QwikPlay  shall have no liability for any unclaimed Rewards. Any graphics of the Rewards as depicted in the announcement are for creative representation purposes only. The actual Rewards may differ in content, colour and appearance. The winners shall be solely liable to comply with the applicable laws and regulations or any third-party terms and conditions, in order to redeem and/or avail the benefits of the Rewards.
• In the event the Rewards comprise of vouchers, such vouchers will only be valid for a particular duration as mentioned in the vouchers and will expire thereafter. QwikPlay  or its Rewards partner will have no responsibility to reissue or extend the vouchers. To the extent valid vouchers are issued, QwikPlay  disclaims all responsibility associated with the Rewards, including without limitation, terms and conditions, any warranties, product liability or merchantability and/or any additional costs associated with the Rewards and/or its redemption which may not specifically be included in the Rewards. 
• The Rewards are non-exchangeable, non-transferable, and is not redeemable for other items or prizes. QwikPlay  retains the right to substitute the Rewards with any another reward of similar value in the event the Rewards are not made available to the Winners. 
• QwikPlay  may, to the maximum extent permitted by applicable law and in our sole discretion, change these rules or cancel these games/contests at any time; or modify, terminate, or suspend the games/contests including where viruses, worms, bugs, unauthorized human intervention or other causes beyond our control, corrupt or impair the administration, security, fairness or proper play of the game/contests.
• Except in cases of Our willful conduct  or  gross negligence, We are not responsible for: (a) lost, misdirected, late, incomplete, or unintelligible entries or for inaccurate entry information, whether caused by You or by any of the equipment or programming associated with or utilized in the games/contest, or by any technical or human error that may occur in the processing of entries; (b) any printing or typographical errors in any materials associated with the games/contests; (c) any error in the operation or transmission, theft, destruction, unauthorized access to, or alteration of, entries, or for technical, network, telephone, computer, hardware or software, malfunctions of any kind, or inaccurate transmission of, or failure to receive any entry information on account of technical problems or traffic congestion on the Internet or at any website; or (d) injury or damage to your or any other device resulting from downloading any materials in connection with these games/contests.
• Except in cases of Our willful conduct or negligence, by participating in these games, reward programs, contests, etc. You will be legally bound hereby, to release from liability, and hold harmless QwikPlay , and any of its employees or agents representing or related to the company and its products. This release is for any and all liability for personal injuries (including death), property loss or damage, and misuse of promotional prize, in connection with any activity or directly or indirectly, by reason of the acceptance, possession, use or misuse of the prize or participation in the games/contests.
• There may be additional terms published/announced for each of the games, reward programs, contests, etc. and it is your responsibility to keep an eye and accordingly comply.

12. LIMITATION OF LIABILITY

12.1 IN NO EVENT WILL QWIKPLAY , 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 QWIKPLAY 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 QWIKPLAY , THE GROUP AND/OR ITS LICENSORS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL QWIKPLAY ’S, 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:

(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.

13. TERMINATION

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 QwikPlay  suspects that You have failed to comply with its terms and conditions. In such event, your QwikPlay  Platform may be disabled and You must cease using the QwikPlay  Platform, the Content and other materials comprising the QwikPlay  Platform. QwikPlay  reserves the right to change, suspend, remove, disable or terminate access to the QwikPlay  Platform, Content and other materials comprising the QwikPlay  Platform or certain areas or features of the QwikPlay  Platform, at any time for any reason. 

13.2 Upon termination, the following sections will survive: Sections 7.1; 7.2; 9; 10; 12; 13; 14; and 16.

14. INDEMNITY

You hereby agree to defend, indemnify and hold harmless QwikPlay , 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 QwikPlay  Platform, Content and any materials comprising the QwikPlay  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 QwikPlay  Platform.

15. 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
(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. GOVERNING LAW AND DISPUTE RESOLUTION

16.1. Governing Law

a. 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.

b.  For non-U.S. 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 QwikPlay  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.

16.2 Dispute Resolution for U.S. Users

• 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 QwikPlay  agree that the U.S. Federal Arbitration Act governs the interpretation and enforcement of this EULA, and that you and QwikPlay  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. 
• 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. 
• 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 www.adr.org or 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.
• 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.
• 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.
• Class Action Waiver. YOU AND WEAGREE 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.
• Severability. With the exception of any of the provisions in Section 16(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.

17. GENERAL TERMS

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. QwikPlay  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 QwikPlay  and You regarding the Services, and this EULA supersedes and replaces all prior oral or written understandings or agreements between QwikPlay  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 QwikPlay ’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. QwikPlay 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 QwikPlay 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. QwikPlay ’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 QwikPlay. 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.

18. CONTACT INFORMATION AND GRIEVANCE OFFICER: 

Customer Support: For any enquiries You may have about Our service and features or if You need assistance with the QwikPlay Platform, You may contact Us at support@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 Us doesn't guarantee that certain content will be removed from the QwikPlay Platform, however, We are committed to creating a safe environment and will consider all your genuine grievances/ complaints.