1. Definitions

We use these definitions throughout the Terms, and they have specific meanings.

• Account:

  this represents a User's authorization to log in and use some features of the Services, and it serves as a User's identity while on Glitch. Only human beings can create an Account. Accounts registered by 'bots' or other automated methods are not permitted.

• Agreement:

  this refers to the Terms of Service, our Privacy Statement, and all other documents, rules, policies, guidelines, and procedures that we may publish on our Website.

• Content:

  this refers to content, including video, audio, photographs, images, applications, illustrations, animations, logos, tools, written posts, reviews, ratings, inventions, questions, replies, comments, information, data, text, software, scripts, executable files, graphics, interactive features, and other materials that are available on the Website or through the Services.

• Glitch, Inc.:

  also 'we', 'us', and 'our'.

• Personal Information:

  refers to the term as defined in our Privacy Statement.

• Services:

  refers to the products and services provided by Glitch, Inc., including the Website and all content provided on the Website.

• User:

  also 'you' and 'your' refers to the individual person, company, or organization that a) has visited and/or is using our Website or Services; b) accesses or uses any part of an Account created on the Website or Services; or c) directs the use of an Account. Unless otherwise indicated, a User must be at least 13 years of age to use the Services.

• User Content:

  refers to all Content that Users create on, or upload to, their Accounts, the Website,or the Services, such as node, text, images, and other assets.

• Website:

  refers to glitch.com and glitch.com subdomains owned by Glitch, Inc., including those provided by us and on which a link to these Terms is displayed through glitch.com and the related web sites.

2. Introduction and Acceptance of Terms and Services

By accessing and using our Services, you agree to be bound by these Terms. If you do not agree to all of these terms, you should not use our Services

Thanks for using Glitch! By creating an Account with us or by accessing or using any of our Services, you are entering into a binding contract with Glitch, Inc. and are agreeing to become bound by the Agreement. Remember that the Agreement includes terms regarding possible future changes to the Agreement, limitations of our liability to you, your waiver of class actions, and your agreement that you will resolve certain disputes by arbitration instead of in court. IF YOU DO NOT AGREE TO ALL THE TERMS AND CONDITIONS OF THIS AGREEMENT, YOU MAY NOT ACCESS OR USE OUR SERVICES.

Unless otherwise indicated, you must be at least thirteen (13) years of age to use the Services or to provide any information to Glitch, Inc. through the Services (including, for example, a name, address, telephone number, or email address). If you are a parent and believe your child under the age of thirteen (13) has created an Account without your consent or otherwise provided personal information to Glitch, Inc. without your consent, please contact us at support@glitch.com.

3. Changes to the Agreement

These Terms might change at any time. We will inform you of any important changes.

Except as explicitly described in Section 16 ('Arbitration; Waiver of Class Actions'), we may, at any time, make modifications, deletions, and/or additions to this Agreement ('Changes'). We will update these Terms in the event of any such Changes and indicate the effective date of the updated Terms at the top of the Terms of Service webpage. Changes are effective immediately upon a) User's first use of the Services with actual notice of the Changes or b) 30 days, whichever is earlier. We will provide notice by posting it on our Website, by mailing it to the email address associated with your Account, or by using some other appropriate notification method.

We encourage you to check the effective date of the Terms of Service whenever you visit our Website, use our Services, or log into your Account. If you continue to use our Services after Changes take effect, whether material or non-material, then you have agreed to the Terms as modified by the Changes. If you do not agree to the Changes, you should stop using the Services. Disputes arising under these Terms will be resolved in accordance with the version of the Terms in place at the time the dispute arose.

4. Changes to the Services

We change and update our Services regularly and without notice. These changes to the Service are solely up to us.

Glitch, Inc. retains the sole right to (at any time, without prior notice to you, and without liability) create limits on your use of the Services. Generally, this will only happen when needed to maintain the Services or to make necessary updates to the Services. The Services may also change frequently, and their form and functionality may change without prior notice to you. Regardless, we will work to notify you of any such limits or changes whenever possible.

Glitch, Inc. also retains the sole right to (at any time, without prior notice to you, and without liability) change, suspend, or discontinue a) Accounts and b) any or all of the Services, including the availability of any product, feature, database, or Content. You agree that Glitch, Inc. shall not be liable to you or any third party for any modification, suspension, or termination of the Services or an Account.

5. How You Use Our Services

To provide a fun and safe community, we need our Users to conduct themselves appropriately.

1. Compliance with Laws and Regulations

   You won't use our Services to do illegal things.

   As a condition of your use of the Services, you represent and warrant that you will not use the Services for any purpose that is unlawful or prohibited by this Agreement. You agree to comply with all rules, laws, and regulations relating in any way to your use of the Services including, without limitation, rules about intellectual property rights, the Internet, technology, data, email, and privacy. You are responsible for making sure that your use of the Services is in compliance with all applicable laws and regulations.

2. Account Registration and Access

   You are responsible for your Account and being truthful.

   To access some features of the Services, you must register for an Account. When you register for an Account, you may be required to provide us with some information about yourself (such as your name, e-mail address, or other contact information) as well as a password to be used in conjunction with your Account. You agree that the information you provide to us is accurate, current, and complete, and that you will keep it up-to-date at all times. You are solely responsible for maintaining the confidentiality of your Account, and any password for your Account, Facebook, Google, or other third-party login. You accept responsibility for all activities that occur under your Account. You agree to (a) never to use the same password for your Account that you use or have ever used outside of the Services; (b) keep your log-in credentials confidential and not share them with anyone else; and (c) immediately notify us of any unauthorized use of your log-in credentials or Account or any other breach of security. If you have reason to believe that your Account is no longer secure, you must immediately notify us at support@glitch.com. Glitch, Inc. will not be liable, and you may be liable for losses, damages, liability, expenses, and lawyers' fees incurred by Glitch, Inc. or a third party arising from someone else using your Account due to your conduct regardless of whether you have notified us of such unauthorized use. You understand and agree that we may require you to provide information that may be used to confirm your identity and help ensure the security of your Account.

3. Content Restrictions

   You won't post or upload inappropriate material.

   You agree that you will not upload, post, host, or transmit any content that:

   1. is unlawful or promotes unlawful activities;
   2. is or contains sexually obscene content;
   3. is libelous, defamatory, or fraudulent;
   4. is discriminatory or abusive toward any individual or group;
   5. is degrading to others on the basis of gender, race, class, ethnicity, national origin, religion, sexual preference, orientation or identity, disability, or other classification or otherwise represents or approves content that: is hate speech, discriminating, threatening, or pornographic; incites violence; or contains nudity or graphic or gratuitous violence;
   6. is violative to any person's right to privacy or publicity or otherwise solicits, collects, or publishes data, including personal information and login information, about other Users without consent or for unlawful purposes in violation of any applicable international, federal, state or local law, statute, ordinance or regulation;
   7. contains or installs any active malware or exploits/uses our platform for exploit delivery (such as part of a command or control system); or
   8. infringes on any proprietary right of any party, including patent, trademark, trade secret, copyright, right of publicity, or other rights

4. Conduct Restrictions

   While using our Services, you will treat other people with respect.

   While using the Services, you agree that you will not:

   1. harass, abuse, threaten, or incite violence towards any individual or group, including other Users and Glitch, Inc. employees, officers, and agents;
   2. use our servers for any form of excessive automated bulk activity (e.g., spamming), or rely on any other form of unsolicited advertising or solicitation through our servers or Services;
   3. attempt to disrupt or tamper with our servers in ways that could a) harm our Website or Services or b) place undue burden on our servers;
   4. access the Services in ways that exceed your authorization;
   5. falsely impersonate any person or entity, including any of our employees or representatives, misrepresent your identity or the site's purpose, or falsely associate yourself with Glitch, Inc.;
   6. violate the privacy of any third party, such as by posting another person's personal information without their consent;
   7. access (or attempt to access) any service on the Services by any means other than as permitted in this Agreement or operating the Services on any computers or accounts on which you do not have permission to operate;
   8. facilitate or encourage any violations of this Agreement or interfere with the operation, appearance, security, or functionality of the Services;
   9. use the Services in any manner that is harmful to minors. Without limiting the foregoing, you will not transmit or post any content anywhere on the Services that violate child pornography laws or that otherwise violates any child sexual exploitation laws. Glitch, Inc. absolutely does not tolerate this and will report any suspected instances of child pornography, including reporting any of your User registration information to law enforcement; or
   10. engage in activity that significantly harms our Users. We will resolve disputes in favor of protecting our Users as a whole.

5. Services Usage Limits

   Unless otherwise indicated, you agree not to reproduce, duplicate, copy, sell, resell, or exploit any portion of the Services, use of the Services, or access to the Services without our express written permission.

6. Privacy

   If you use our Services, you must abide by our Privacy Statement.

   You acknowledge that you have read our 'Privacy Statement' and understand that it sets forth how we collect, use, and store your information. If you do not agree with our Privacy Statement, then you must stop using the Services immediately.

   Any person, entity, or service collecting data from the Services must comply with our Privacy Statement. Misuse of any User's Personal Information is prohibited.

   If you collect any Personal Information from a User, you agree that you will only use the Personal Information you gather for the purpose for which the User has authorized it. You agree that you will reasonably secure any Personal Information you have gathered from the Services, and you will respond promptly to complaints, removal requests, and 'do not contact' requests from us or Users.

7. Limitations on Automated Use

   You shouldn't use bots or access our Services in malicious or un-permitted ways.

   While accessing or using the Services, you may not:

   1. Access, tamper with, or use non-public areas of the Services, or the computer or delivery systems of Glitch, Inc. and/or its service providers;
   2. Probe, scan, or test any system or network (particularly for vulnerabilities), or otherwise attempt to breach or circumvent any security or authentication measures;
   3. Access or search or attempt to access or search the Services by any means (automated or otherwise) other than through our currently available, published interfaces that are provided by Glitch, Inc. (and only pursuant to those terms and conditions), unless you have been specifically allowed to do so in a separate agreement with Glitch, Inc., or unless specifically permitted by Glitch, Inc.'s robots.txt file or other robot exclusion mechanisms;
   4. Scrape the Services, scrape Content from the Services, or use automated means, including spiders, robots, crawlers, data mining tools, or the like to download data from the Services or otherwise access the Services;
   5. Employ misleading email or IP addresses, or forged headers or otherwise manipulated identifiers in order to disguise the origin of any content transmitted to or through the Services;
   6. Use the Services to send altered, deceptive, or false source-identifying information, including without limitation by forging TCP-IP packet headers or e-mail headers; or
   7. Interfere with, or disrupt or attempt to interfere with or disrupt, the access of any User, host, or network, including, without limitation, by sending a virus to, spamming, or overloading the Services, or by scripted use of the Services in such a manner as to interfere with or create an undue burden on the Services.

8. API Terms

   If you use our API, you agree to use it reasonably.

   Do not abuse or make excessive requests to the Services through our Application Provider Interface (API). Such action may result in the temporary or permanent suspension of your Account. What constitutes abusive behavior or excessive usage is within the sole discretion of Glitch, Inc.

   You may not use our API to download data or User Content from the Services for spamming purposes or for selling Glitch Users' personal information. All use of our API is subject to the Agreement, including these Terms and the Privacy Statement.

9. Third Party Applications

   If you create an application for other Users, you still must follow these Terms and Privacy Statement.

   If you create a third-party application or other developer product that collects User Personal Information or User Content and integrates with our Services through our API, and you make this application available to other Users, you must comply with this Agreement, including these Terms of Service and our Privacy Statement.

   Further:

   1. You must not hold yourself out as a representative of Glitch, Inc. and must not represent that you are collecting any Personal Information or User Content on our behalf. You must also provide your privacy policy to the User;
   2. Except as otherwise permitted, you must limit your usage of Personal Information or User Content you collect to that specified purpose for which the User has authorized its collection.
   3. You must provide Users with a method of deleting the Personal Information or User Content you have collected through our Services after it is no longer needed for the limited, specified purposes for which the User authorized its collection, unless retention is required by law or otherwise permitted;
   4. You must take all reasonable security measures to protect against accidental or unlawful destruction, loss, alteration, unauthorized disclosure or access of User Personal Information and User Content.

6. User Data

We will abide by our Privacy Statement when dealing with your information.

Please read our Privacy Statement to fully understand what we do with your data; it sets forth how we collect, use, and store your information. If you do not agree with our Privacy Statement, then you must stop using the Services immediately.

7. Content and Intellectual Property Rights

1. Ownership

   You own your stuff.

   Consistent with applicable law, as between Glitch, Inc. and you, you retain all ownership rights you have in, and responsibility for, your User Content. Glitch, Inc. does not claim any ownership rights in the User Content. You understand that all User Content, whether privately transmitted or made publicly available, is the sole responsibility of the person from which such User Content originated. This means that you, not Glitch, Inc., are entirely responsible for all User Content that you upload, post, share, email, transmit, or otherwise make available via the Services. Under no circumstances will Glitch be liable in any way for any User Content. Please note that, while you retain ownership of your User Content, any template or layout in which you arrange or organize such User Content through tools and features made available through any of our Service are not proprietary to you, and the rights to such template or layout will remain with us or our service providers.

   You represent and warrant that you either own your User Content or that you have all necessary rights, licenses, and consents to submit, post, upload, or use or disseminate your User Content, and grant Glitch, Inc. license rights to your User Content that won't infringe or violate the rights of a third party.

   You further agree that your User Content does not:

   1. Include material that is not authorized by the copyright owner, protected by trade secret, or otherwise subject to third party proprietary rights, including privacy and publicity rights, unless you are the owner of such rights or have permission from their rightful owner to post and sell the material and to grant Glitch, Inc. all of the license rights granted herein;
   2. Include falsehoods or misrepresentations that could damage Glitch, Inc. or any third party;
   3. Include material that is unlawful, defamatory, libelous, threatening, pornographic, harassing, hateful, racially or ethnically offensive, or encourages conduct that would be considered a criminal offense, give rise to civil liability, violate any law, or is otherwise inappropriate.

   We do not endorse (and we expressly disclaim any and all liability in connection with) any User Content, opinion, recommendation, or advice. We are not responsible for any public display or misuse of your User Content. Pursuant to our DMCA Takedown Policy, if notified by a User or a Content owner of any User Content that allegedly does not conform to this Agreement, we will investigate the allegation and determine whether to remove the Content from the Services. We reserve our right (though not the obligation) to remove from the Services any User Content we believe violates this Agreement or any other Glitch, Inc. terms or policies, and this right solely rests with Glitch, Inc.

   We own our stuff.

   The Services are licensed, not sold, to you for use only under the terms of this Agreement. Subject to your complete and ongoing compliance with this Agreement, Glitch, Inc. hereby grants you a personal, limited, revocable, non-sublicensable, non-transferable license to access the Services on compatible devices that you own or control, solely for your own internal purposes, and only in a manner that complies with all legal requirements that apply to you or your use of the Services. Glitch, Inc. may revoke this license at any time, in its sole discretion.

   Glitch, Inc. and its licensors, vendors, agents, and/or our content providers retain ownership of all intellectual property rights in the Services and all Content made available through the Services other than your User Content. We reserve all rights that are not expressly granted to you under this Agreement or by law. The look and feel of the Website and Services is copyright © Glitch, Inc. All rights reserved. You may not duplicate, copy, or reuse any portion of the HTML/CSS, JavaScript, or visual design elements or concepts without our express written permission.

   You agree not to sell, rent, license, distribute, sublicense, copy, modify, publicly perform, or display, transmit, publish, edit, adapt, or create derivative works from, or otherwise make unauthorized use of, the Services, but you may perform these actions on your User Content in compliance with the terms of this Agreement.

   We can remove your stuff.

   We do not pre-screen User-Generated Content, but we have the right (not the obligation) to refuse, remove, suspend, delete, and refuse to return any User-Generated Content that, in our sole discretion, violates any Glitch, Inc. terms or policies.

2. Content License From You to Us

   While using our Services, you allow us to use your User Content.

   In order to effectively run our Website and provide our Services to you, we need the legal right to use your User Content. You grant Glitch, Inc., and its licensors and successors, a worldwide, non-exclusive, royalty-free, fully-paid, transferable, sublicensable right to use, download, store, parse, copy, view, display, publicly perform, transmit, communicate, disassemble, create derivative works from, and analyze your User Content, in whole or in part, in any format or medium now known or developed in the future, for (1) the purposes of operating, improving, and providing the Services (2) Glitch, Inc.'s internal business purposes, including for analyzing usage of, and improving, our Services, and (3) use and disclosure of metrics and analytics regarding the User Content in an aggregate or another non-personally identifiable manner. Further, Glitch, Inc. shall be free to use any ideas, concepts, know-how or techniques contained in User Content for any purpose whatsoever in connection with our business or the business of our partners or affiliates, without notice to, approval by, or compensation to you, including but not limited to developing, manufacturing and marketing products incorporating such information. Notwithstanding the foregoing, our use of your Personal Information shall be governed by our Privacy Statement.

3. Content License From You to Other Users

   If you post your User Content publicly, you allow other Users to use your stuff.

   Any User Content that is posted anonymously and publicly may be viewed by others. By posting your User Content anonymously and publicly, you grant each User a non-exclusive, royalty-free, fully-paid worldwide license to use, parse, copy, view, display, and perform your User Content through the Services and to reproduce your User Content solely on the Services, as permitted through Glitch's functionality (including remixing). Further, you represent that any Content you upload is licensed under terms that grant these permissions to other Users.

   Any User Content posted by a User through a Glitch Account defaults to an MIT license, which grants to other Users a worldwide, non-exclusive, royalty-free license (with the right to sublicense) to use, copy, reproduce, process, adapt, modify, publish, transmit, display, and distribute the User Content in any and all media or distribution methods (now known or later developed). You may also adopt an alternative open source license for your User Content.

   Please note that removing your User Content or altering the adopted open source license does not terminate any licenses to the User Content previously granted to any third parties (such as Users who reproduce the User Content on Glitch).

4. Moral Rights

   You retain all moral rights to your User Content that you upload, publish, or submit to any part of our Services, including the rights of integrity and attribution. However, you waive these rights and agree not to assert them against us, to enable us to reasonably exercise the rights granted to us by you, but not otherwise.

   To the extent that this Agreement is not enforceable by applicable law, you grant Glitch, Inc. the rights we need to use your User Content without attribution and to make reasonable adaptations of your Content as necessary to render the Website and provide the Services.

5. Copyright Infringement and the DMCA

   If you believe stuff on our website violates your copyright or trademark, learn about the options available to you, and let us know what course of action you want to take.

   If you believe that any materials available through our Services infringe on your copyright, you can file a takedown notice with us pursuant to the Digital Millennium Copyright Act (the DMCA). Be mindful that by filing a DMCA takedown notice, you are starting a formal legal process. You should consult with a professional about your specific situation before deciding on this course of action.

   Please read our DMCA Takedown Policy for more information about copyright and trademark infringement claims. Please note that we are not your legal representatives and are not providing you with any legal advice.

   We may, in appropriate circumstances and at our discretion, disable and/or terminate the Accounts of Users who infringe the intellectual property of others.

8. Use of Trademarks

You must get our permission to use our Glitch, Inc. branding and trademarks.

Any use of Glitch, Inc.'s trademarks, branding, logos, service marks, or any other such assets, trade names, or distinctive or proprietary brand features requires the express, written permission of Glitch, Inc. If you would like to use these assets, contact us at support@glitch.com. Any such use will be subject to our trademark guidelines. You will not, at any time, misrepresent your relationship with Glitch, Inc.

9. Fees, Payment Terms, Taxes

You are responsible for any fees associated with your use of Glitch. We are responsible for communicating those fees to you clearly and accurately and letting you know in advance if those prices change.

1. Fees.

   You agree to pay fees in accordance with the rates at glitch.com/pricing. If you agreed to a subscription price, that will remain your price for the duration of the payment term; however, prices are subject to change at the end of a payment term.

   Additionally, you agree to pay any and all additional costs, fines, or penalties we incur from a governmental or regulatory body or telecommunication provider as a result of your use of the Services in violation of these Terms.

2. Upgrades, Downgrades, and Changes.

   We will immediately bill you when you upgrade from the free plan to any paying plan.

   If you change from a monthly billing plan to a yearly billing plan, we will bill you for a full year at the next monthly billing date.

3. Billing Schedule; No Refunds.

   For monthly or yearly payment plans, the Service is billed in advance and is non-refundable. There will be no refunds or credits for partial months of service, downgrade refunds, or refunds for months unused with an open Account; however the service will remain active for the length of the billing period.

4. Authorization.

   By agreeing to these Terms, you are giving us permission to charge your on-file credit card, or other approved method of payment, for fees that you authorize for Glitch.

5. Responsibility for Payment.

   You are responsible for all fees associated with your use of our Services. This includes taxes associated with your use of the Services. By using the Services, you agree to pay Glitch any charge incurredin connection with your use of the Services. If you dispute a charge, contact us at support@glitch.com.

10. Communications

1. Email.

   Glitch may send you emails concerning our Services, as well as of products and services of third parties. You may opt-out of promotional emails by following the unsubscribe instructions in a promotional email. Following such an opt-out, we may still communicate with you via email to the extent permitted by applicable law.

2. Electronic Communications.

   For contractual purposes, you (1) consent to receive communications from Glitch in an electronic form; and (2) agree that all terms and conditions, agreements, notices, disclosures, and other communications that Glitch provides to you electronically satisfy any legal requirement that such communications would satisfy if they were in writing. This subparagraph does not affect your statutory rights.

11. Our Warranties and Disclaimers; Services Available on an 'AS-IS' Basis

Excluding the explicitly stated warranties within these Terms, we only offer our Services on an 'as-is' basis.

YOUR ACCESS TO AND USE OF THE SERVICES OR ANY CONTENT IS AT YOUR OWN RISK. YOU UNDERSTAND AND AGREE THAT THE SERVICES AND CONTENT ARE PROVIDED TO YOU ON AN 'AS IS,' 'WITH ALL FAULTS,' AND 'AS AVAILABLE' BASIS. WITHOUT LIMITING THE FOREGOING, TO THE FULL EXTENT PERMITTED BY LAW, GLITCH, INC. DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. TO THE EXTENT SUCH DISCLAIMER CONFLICTS WITH APPLICABLE LAW, THE SCOPE AND DURATION OF ANY APPLICABLE WARRANTY WILL BE THE MINIMUM PERMITTED UNDER SUCH LAW.

Glitch, Inc. makes no representations, warranties, OR GUARANTEES AS TO THE RELIABILITY, TIMELINESS, QUALITY, SUITABILITY, AVAILABILITY, ACCURACY, OR COMPLETENESS of any kind with respect to the Services, including any representation or warranty that the use of the Services will (a) be timely, uninterrupted, or error-free or operate in combination with any other hardware, software, system, or data, (b) meet your requirements or expectations, (c) be free from errors or that defects will be corrected, or (d) be free of viruses or other harmful components. Glitch, Inc. also makes no representations or warranties of any kind with respect to Content; User Content is provided by and is solely the responsibility of the respective User providing that Content. No advice or information, whether oral or written, obtained from Glitch, Inc. or through the Services, will create any warranty not expressly made herein.

GLITCH, INC. DOES NOT warrant, endorse, guarantee, or assume responsibility for any user conteNt on the Services or any hyperlinked website or third-party service, and glitch, inc. will not be a party to or in any way be responsible for transactions betWeen you and third-parties.

IF APPLICABLE LAW DOES NOT ALLOW THE EXCLUSION OF SOME OR ALL OF THE ABOVE IMPLIED OR STATUTORY WARRANTIES TO APPLY TO YOU, THE ABOVE EXCLUSIONS WILL APPLY TO YOU TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW.

12. Limitation of Liability

We are not liable to you for your inability to use the Services or for damages you suffer from using our Services. Please read this section carefully because our liability to you is limited.

YOU UNDERSTAND AND AGREE THAT GLITCH, INC., its directors, officers, members, employees, representatives, consultants, agents, suppliers, licensors, and/or distributors, SHALL NOT BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES ARISING FROM YOUR USE OF THE SERVICES OR ANY THIRD PARTY'S USE OF THE SERVICES. THESE EXCLUSIONS INCLUDE, WITHOUT LIMITATION, (A) DAMAGES FOR LOST PROFITS, REVENUE, DATA, USE, AND GOODWILL; (B) DAMAGES RELATING TO YOUR INABILITY TO ACCESS OR USE THE SERVICES; (C) DAMAGES RELATING TO ANY CONDUCT OR CONTENT OF ANY THIRD PARTY OR USER USING THE SERVICES; (D) DAMAGES RELATING IN ANY MANNER TO ANY USER CONTENT; AND (E) ANY OTHER INTANGIBLE LOSSES.

THIS LIMITATION APPLIES TO ALL CLAIMS, REGARDLESS OF THE LEGAL OR EQUITABLE THEORY UPON WHICH THE CLAIM IS BASED AND EVEN IF GLITCH, INC. HAD BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE. THIS LIMITATION ALSO APPLIES WHERE A REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED ITS ESSENTIAL PURPOSE.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, OUR TOTAL LIABILITY FOR ANY CLAIM UNDER THIS AGREEMENT, INCLUDING FOR ANY IMPLIED WARRANTIES, IS LIMITED TO THE GREATER OF FIFTY DOLLARS (US$50.00) OR THE AMOUNT YOU PAID US TO USE THE APPLICABLE SERVICE(S) IN THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE EVENTS GIVING RISE TO THE CLAIM.

If you are a resident of New Jersey, the provisions in this subsection apply to you to the extent permitted by law.

13. Release and Indemnification

You are responsible for any disputes you have with others while using our Services.

You release Glitch, Inc., its directors, officers, members, employees, representatives, consultants, agents, suppliers, licensors, and/or distributors, from responsibility, liability, claims, demands, and/or damages (actual and consequential) of every kind and nature, known and unknown, including damages for loss of profits, goodwill, use, privacy, or data, arising out of or in any way connected with the following:

• Disputes between or among Users, including those between you and other Users;
• Disputes with third party sites and services; and
• Claims relating to the unauthorized access to any data communications or User Content stored under or relating to your Account, including unauthorized use or alteration of such communications or your User Content.

You hereby waive applicability of California Civil Code §1542, and any similar statute or principle of common law. California Civil Code §1542 says: 'A general release does not extend to claims that the creditor or releasing party does not know or suspect to exist in his or her favor at the time of executing the release and that, if known by him or her, would have materially affected his or her settlement with the debtor or released party.'

You agree, to the extent permitted by your state's laws, to indemnify, defend, and hold harmless Glitch, Inc., its directors, officers, members, employees, representatives, consultants, agents, contractors, suppliers, licensors, investors, service providers, business partners, subsidiaries and/or distributors, from and against any demands, suits, actions, claims, losses, damages, liabilities, judgments, settlements, costs or expenses, including reasonable attorneys' fees, arising out of or relating to (i) your use or misuse of the Services, including but not limited to your violation of this Agreement, including the representations, warranties, or policies referenced in this Agreement, (ii) your violation of the rights of any other person or entity, including any intellectual property right or publicity, confidentiality, other property, or privacy right, or (iii) any dispute or issue between you and any third party.

Glitch, Inc. reserves the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you (without limiting your indemnification obligations) and you agree to cooperate with our defense of that claim. If the defense or settlement is assumed by you, Glitch, Inc. may at any time thereafter elect to take over control of the defense and settlement of the claim. You must not settle any claim without our prior written consent.

14. Termination

You can cancel this Agreement and close your Account for any reason. It's up to you to delete your Account, and you can do this from the site. We can also cancel this Agreement for any reason. If you terminate this Agreement, you are still responsible for any outstanding fees associated with your use of the Services.

1. Account Cancellation.

   You may terminate these Terms and close your Glitch account(s) at any time by logging in to your Account, clicking the drop-down menu in the right-upper corner of the page next to your avatar, and choosing 'Account Settings.' On the next webpage, click 'Close Account.' This action will close your account, including all teams, projects, and collections. An email or phone request to cancel, terminate, or delete your Account shall not result in cancellation. You are still responsible for any outstanding fees associated with your use of the Services.

2. Glitch Termination.

   We may also terminate or suspend your access to, or ability to use, any and all Services immediately, without prior notice or liability, with or without cause.

3. Upon Cancellation.

   We will retain and use your information as necessary to comply with our legal obligations, resolve disputes, and enforce our agreements, but barring legal requirements, we will delete your profile Personal Information, including your email address, name, password, profile bio, and collections within 90 days of cancellation or termination (though some information may remain in encrypted backups or on the Content Delivery Network). This information cannot be recovered once your Account is cancelled or terminated.

   Cancellation or termination of your Account DOES NOT delete your projects. Information on how to delete your projects can be found on your user profile page.

   We will not delete content that you have contributed to another Users' Content.

15. Survival

All provisions of this Agreement which by their nature should survive termination will survive termination, including, without limitation, ownership and license provisions, warranty disclaimers, indemnity, and limitations of liability. Termination of your access to, and use of, the Services shall not relieve you of any obligations arising or accruing prior to termination, nor will termination limit any liability you otherwise may have to us or a third party.

16. Arbitration; Waiver of Class Actions

Before 'lawyering-up,' contact us. If we can't resolve the issue, you agree to arbitration instead of going to court. We also both agree not to bring a class action lawsuit against each other.

PLEASE READ THIS SECTION CAREFULLY – IT MAY SIGNIFICANTLY AFFECT YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT.

16.1 Dispute Resolution

Before bringing a legal claim, you must contact our Support Team at support@glitch.com and describe the nature and basis of the claim or dispute and the specific relief you seek. Most disputes can be resolved this way. The parties shall use their best efforts through this Support Team process to settle any dispute, claim, question, or disagreement and engage in good faith negotiations which shall be a condition to either party initiating a lawsuit or arbitration.

16.2 Arbitration

However, if the issue is not resolved within a period of 30 days from the date you contact the Support Team describing the dispute, then either party may pursue resolution of the dispute in binding arbitration, subject to the terms set forth below. Either party may pursue your dispute in a court only under the circumstances described below.

Specifically, except as described in Section 16.3 below, all claims arising out of or relating to these Terms (including their formation, performance and breach), the parties' relationship with each other, and/or your use of the Services that does not involve patents, copyrights, trademarks, trade secrets, or moral rights shall be resolved via binding, non-appearance-based arbitration initiated through the American Arbitration Association ('AAA') in accordance with the provisions of its Consumer Arbitration Rules, excluding any rules or procedures governing or permitting class actions. Except as explicitly stated otherwise herein, the arbitrator, and not any federal, state or local court or agency, shall have exclusive authority to resolve all disputes arising out of or relating to the interpretation, applicability, enforceability or formation of these Terms, including, but not limited to any claim that all or any part of these Terms are void or voidable, or whether a claim is subject to arbitration.

The Consumer Arbitration Rules governing the arbitration are available online at www.adr.org or by calling the AAA at (800) 778-7879. In any such arbitration, the parties and AAA must comply with the following rules: (i) the arbitration shall be conducted by telephone, online, and/or be solely based on written submissions, and the specific manner shall be chose by the party initiating the arbitration; (ii) the arbitration shall not involve any personal appearance by the parties or witnesses unless otherwise mutually agreed to by the parties; (iii) the arbitrator shall be empowered to grant whatever relief would be available in a court under law or in equity, including the award of injunctive or declaratory 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; and (iv) any judgment on the award rendered by the arbitrator shall be written and binding on the parties and may be entered in any court of competent jurisdiction.

If you are a resident of the United States, arbitration will take place in New York, New York or the federal judicial district that includes your billing address. In the event you select the latter, we may transfer the arbitration to New York so long as we agree to pay any additional fees or costs which the arbitrator determines you incur as a result of the transfer. For non-United States residents, arbitration shall be initiated in the New York County, New York, United States of America, and you and Glitch, Inc. agree to submit to the personal jurisdiction of any federal or state court in New York County, New York, in order to compel arbitration, to stay proceedings pending arbitration, or to confirm, modify, vacate or enter judgment on the award entered by the arbitrator.

At any time during the pendency of the arbitration, if the respondent in the arbitration offers the claimant the amount requested in the applicable Demand for Arbitration, the respondent agrees to (a) accept that offer as full and complete settlement of the claims in the Demand for Arbitration and (b) voluntarily dismiss all claims in the applicable Demand for Arbitration with prejudice.

16.3 Exceptions

Notwithstanding anything in this Agreement, we both agree that nothing in this agreement will be deemed to waive, preclude, or otherwise limit the right of either of us to: (1) bring an individual action in small claims court of competent jurisdiction, (2) seek injunctive or other equitable relief in any court of competent jurisdiction, or (3) bring an individual action in a court of law to address an intellectual property infringement claim. Also, any party can ask a court to halt an action while an arbitration proceeding is underway.

Additionally Section 16.2 above shall not apply to any claim that all or part of the Class Action Waiver in Section 16.4 below is unenforceable, unconscionable, void, or voidable shall be determined only by a court of competent jurisdiction and not by an arbitrator. Except as explicitly stated otherwise herein, all other disputes regarding interpretation, applicability, enforceability, or formation of this Mutual Arbitration Provision shall be determined exclusively by an arbitrator.

16.4 Class Action Waiver

EXCEPT AS EXPLICITLY PROVIDED HEREIN, YOU AND GLITCH, INC. 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.

Except as explicitly provided herein, any claims brought by you or us must be brought in that party's individual capacity, and not as a plaintiff or class member in any purported class or representative proceeding.

THIS MEANS THAT YOU AND GLITCH AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A LEAD OR REPRESENTATIVE CLASS PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. HOWEVER, THE PARTIES EXPRESSLY AGREE THAT SEPARATE INDIVIDUAL ARBITRATIONS MAY BE CONSOLIDATED, UPON REQUEST BY GLITCH, IF THE ARBITRATOR DETERMINES THAT INDIVIDUAL ARBITRATIONS RELATE TO OR ARISE OUT OF THE SAME OR SUBSTANTIALLY THE SAME TRANSACTION(S) OR OCCURRENCE(S). CONSOLIDATION MEANS THAT ANY AND ALL SEPARATELY INITIATED ARBITRATIONS THAT RELATE TO OR ARISE OUT OF THE SAME OR SUBSTANTIALLY THE SAME TRANSACTION(S) OR OCCURRENCE(S) ARE ALL HEARD BY A SINGLE ARBITRATOR IN A SINGLE ARBITRATION, AND THAT THE ARBITRATOR'S FINDINGS OF LAW OR FACT SHALL APPLY TO ALL EXISTING AND FUTURE INDIVIDUAL ARBITRATIONS THAT RELATE TO OR ARISE OUT OF THE SAME OR SUBSTANTIALLY THE SAME TRANSACTION(S). IF WE REQUEST CONSOLIDATION OF MULTIPLE ARBITRATIONS, THEN ALL PARTIES TO THE CONSOLIDATED CASE(S) WILL BE DEEMED TO HAVE WAIVED THEIR RIGHT TO DESIGNATE AN ARBITRATOR AS WELL AS ANY CONTRACTUAL PROVISION WITH RESPECT TO THE SITE OF THE ARBITRATION. THE ARBITRATOR SHALL CONSIDER THE FOLLOWING FACTORS IF GLITCH REQUESTS A CONSOLIDATION OF ARBITRATIONS:

• The arbitrations have a common question of law or fact;
• The issues in the multiple arbitrations are largely identical;
• There are common claims, disputes, and relationships between or among the parties in the different arbitrations;
• One or more parties is named in multiple pending arbitrations;
• The arbitrations relate to the same aspect of the Services or the same User Content;
• Consolidation will save time and resources;
• One party will be seriously prejudiced by having multiple arbitrations heard separately.

Where individual arbitrations are consolidated in accordance with the provisions above, you agree that Glitch may make reasonable arrangements with AAA for the payment of filing and/or arbitration fees, and that those arrangements may differ from the standard AAA payment schedule—provided that you are not obligated to pay any fees beyond those required by AAA, and the arbitration can be fairly conducted in accordance with applicable AAA rules and this Dispute Resolution, Arbitration and Class Action Waiver provision.

By agreeing to these arbitration provisions, you are waiving your right to trial by jury or to participate in a class action; we are also waiving these rights.

Any claim that all or part of this Class Action Waiver section is unenforceable, unconscionable, void, or voidable, shall be determined only by a court of competent jurisdiction and not by an arbitrator. All other disputes regarding the interpretation, applicability, enforceability, or formation of this Dispute Resolution, Arbitration, and Class Action Waiver shall be determined exclusively by an arbitrator.

16.5 30-Day Right to Opt-Out

You have the right to opt-out and not be bound by the agreement to arbitrate or class action waiver set forth above. To opt-out, you must send us a notice in writing within thirty (30) days of the date that you first became subject to this arbitration provision, otherwise you shall be bound by the arbitration and class action waiver provisions above. The opt-out notice must include your name, address, phone number, the Account to which the opt-out applies, and a clear statement that you want to opt out of the agreement to arbitrate and class action waiver. This procedure is the only way you can opt out of the arbitration and class action waiver provisions. You must use this address to opt out:

If you opt-out of these provisions, Glitch, Inc. also will not be bound by them.

16.6 Fees

If you commence arbitration in accordance with these Terms, you may be required to pay a fee to initiate the arbitration. If the arbitrator finds the arbitration to be non-frivolous, we will pay all other fees invoiced by AAA, including filing fees and arbitrator and hearing expenses. You are responsible for your own attorneys' fees unless the arbitration rules and/or applicable law provide otherwise.

If the arbitrator finds that either the substance of your claim or the relief sought in the arbitration demand is frivolous or brought for an improper purpose (as measured by the standards set forth in Federal Rule of Civil Procedure 11(b)), then the payment of all fees will be governed by the AAA Rules. In that case, you agree to reimburse us for all monies previously disbursed by it that are otherwise your obligation to pay under the AAA Rules. Regardless of the manner in which the arbitration is conducted, the arbitrator must issue a reasoned written decision sufficient to explain the essential findings and conclusions on which the decision and award, if any, are based.

The arbitrator may make rulings and resolve disputes as to the payment and reimbursement of fees or expenses at any time during the proceeding and upon request from either party made within fourteen (14) days of the arbitrator's ruling on the merits.

16.7 Modification

Except for inconsequential changes that do not affect any rights or obligations herein, Glitch, Inc. will provide thirty (30) days' notice of any changes to this section by posting on the Services, sending you a message, or otherwise notifying you when you are logged into your Account. Amendments will become effective thirty (30) days after they are posted on the Services or sent to you. Changes to this section will otherwise apply prospectively only to claims arising after the thirtieth (30th) day. If a court or arbitrator decides that this subsection on 'Modifications' is not enforceable or valid, then this subsection shall be severed from the section entitled 'Arbitration; Waiver of Class Actions,' and the court or arbitrator shall apply the most recent version of the 'Arbitration; Waiver of Class Actions' validly enforceable on you. You may otherwise reject the change by sending us written notice within thirty (30) days of the change to Glitch, Inc.'s address for opt-out notices, in which case this arbitration provision, as in effect immediately prior to the amendments you reject, will survive. Notwithstanding any provision in this Agreement to the contrary, any changes to this section shall not apply to any claim that was filed in a legal proceeding against us prior to the effective date of the change. Moreover, if we seek to terminate the arbitration procedures from this Agreement, such termination shall not be effective until thirty (30) days after the version of this Agreement not containing the arbitration procedures is posted to our Services or otherwise sent to you, and shall not be effective as to any claim that was filed in a legal proceeding against us prior to the effective date of removal.

16.8 Survival

In accordance with Sections 14 and 15, this Section will survive the termination of your relationship with us.

17. Jurisdiction

This Agreement is covered by New York law. If there is a dispute between us not subject to arbitration, we'll handle it in New York.

Again, before resorting to litigation, we strongly encourage you to contact us at support@glitch.com to seek a resolution. If you decided to pursue legal action, you agree that any claim or dispute you may have against us that isn't subject to mandatory arbitration must be resolved exclusively by a state or federal court located in New York County, New York, except as otherwise agreed to by the parties. Except to the extent applicable law provides otherwise, this Agreement shall be governed in all respects by the laws of the State of New York without regard to conflict of law provisions. And each party agrees to submit to the personal jurisdiction of the courts located within New York County, New York for the purpose of litigating all such claims or disputes.

18. Special Provisions for Users Located Outside of the United States

We're in the United States, so we'll follow U.S. law.

We provide global products and services and enable a global community for individuals. Glitch, Inc.'s operations are, however, located in the United States, and Glitch, Inc.'s policies and procedures are based on United States law. As such, the following provisions apply specifically to users located outside of the United States: (1) you consent to the transfer, storage, and processing of your information, including but not limited to User Content and any personal information, to and in the United States and/or other countries; and (2) if you are using the Services from a country embargoed by the United States, or are on the United States Treasury Department's list of 'Specially Designated Nationals,' you agree that you will not use the Services.

19. Miscellaneous

1. Severability, No Waiver of Rights, and Survival of Agreement

   If any part of this Agreement is held invalid or unenforceable, that portion of the Agreement will be construed to reflect the parties' original intent. The remaining portions will remain in full force and effect.

   The failure of either party to exercise in any respect any right provided for herein shall not be deemed a waiver of any further rights hereunder. If any provision of this Agreement is found to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary so that this Agreement shall otherwise remain in full force and effect and enforceable. Any failure on the part of Glitch, Inc. to enforce any provision of this Agreement will not be considered a waiver of our right to enforce such provision.

   Our rights under this Agreement will survive any termination of this Agreement.

2. Non-assignability

   This Agreement is not assignable, transferable, or sublicensable by you except with Glitch, Inc.'s prior written consent. Glitch, Inc. may assign this Agreement in whole or in part at any time without your consent. No agency, partnership, joint venture, or employment is created as a result of this Agreement and you do not have any authority of any kind to bind Glitch, Inc. in any respect whatsoever.

3. Written Notice Required

   Except as provided in the DMCA Takedown Policy, any notice to Glitch, Inc. that is required or permitted by this Agreement shall be in writing and shall be deemed effective upon receipt when delivered in person by a nationally recognized overnight courier or mailed by first class, registered or certified mail, postage prepaid, to Glitch, Inc., 75 Broad Street, Suite 1904, New York City, NY 10004, Attn: Legal Department. Glitch, Inc. may provide notices to you via e-mail to the e-mail address associated with your Account or by mail to your mailing address. The Services are provided by Glitch, Inc., which may be contacted at the mailing address above, by e-mail at support@glitch.com, or by telephone at 1-866-364-2733.

20. Special Notice to California Residents

The State of California makes us tell you this.

If you are a California resident, under California Civil Code Section 1789.3, we are required to inform you that you may reach the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs via mail at 1625 North Market Blvd., Suite N112, Sacramento, CA 95834 or telephone at (916) 445-1254 or (800) 952-5210. Hearing impaired users can reach the Complaint Assistance Unit at TDD (800) 326-2297 or TDD (916) 322-1700.

21. Suggestions

We welcome your suggestions to our Services. If you give us any suggestions, we own them and have the right to use them.

We welcome your Suggestions to our Services. 'Suggestions' is defined as any feedback, suggestions, recommendations, correction requests, or ideas from you to us about improving our Services. Please know that when you submit your Suggestions, you agree that:

1. You grant us an irrevocable, non-exclusive, royalty-free, perpetual, worldwide license to use, modify, prepare derivative works, publish, distribute, and sublicense your suggestions;
2. You are not entitled to any compensation or reimbursement of any kind from us under any circumstances for your Suggestions;
3. None of your Suggestions contain confidential or proprietary information of any third party;
4. We may have something similar to the Suggestions already under consideration or in development;
5. We may use or redistribute your Suggestions for any purpose and in any way;
6. There is no obligation for us to review your Suggestions;
7. We have no obligation to keep any Suggestions confidential;
8. You irrevocably waive any claims and assertions of moral rights against Glitch, Inc. and its Users; and
9. These provisions regarding Suggestions shall survive any termination of your Account or the Services.

22. Complete Agreement

This is the whole agreement between us.

This Agreement (defined in Section 1), including as it may be modified from time to time as set forth in Section 3, constitutes the entire agreement between you and Glitch, Inc. with respect to the subject matter of these Terms. This Agreement replaces all prior or contemporaneous understanding or agreements, written or oral, regarding the subject matter of these Terms and constitutes the entire and exclusive agreement between the parties.

23. Links

Be careful when clicking links.

The Services provide, or third parties may provide, links to other World Wide Web sites, applications or resources. Because we have no control over such sites, applications, and resources, you acknowledge and agree that Glitch, Inc. is not responsible for the availability of such external sites, applications, or resources, and does not endorse and is not responsible or liable for any content, advertising, products, or other materials on or available from such sites or resources. You further acknowledge and agree that Glitch, Inc. shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods, or services available on or through any such site or resource.