Date of Last Revision: October 17, 2011
Tiny Speck, Inc. ("Tiny Speck", "we", "us", or "our") provides this website located at www.glitch.com (the "Site"), all Site-related services and products, including the massively multiplayer online game titled "Glitch" and its related services, and all Site-related APIs and other software (the "Software") (collectively, such services, including any new features and applications, the Site and the Software, the "Service"), subject to the following Terms of Service (as amended from time to time, these "Terms of Service"). We may change or modify portions of these Terms of Service at any time without further notice; you should periodically visit this page to review the current Terms of Service so you are aware of any revision to which you are bound. If we do this, we will post the changes to these Terms of Service on this page and will indicate at the top of this page the date these terms were last revised. Your continued use of the Service after any such changes constitutes your acceptance of the new Terms of Service. If you do not agree to abide by these or any future Terms of Service, do not use (or continue to use) the Service. It is your responsibility to regularly check the Site to determine if there have been changes to these Terms of Service and to review such changes.
You are solely responsible for all information, data, text, software, music, sound, photographs, graphics, video, messages or other materials ("content") that you upload, post, publish or display (hereinafter, "post") or email or otherwise transmit or use via the Service. Tiny Speck reserves the right to investigate and take appropriate legal action against anyone who, in our discretion, violates this provision, including removing the offending content from the Service and suspending or terminating the account of such violators.
Unwelcome Content and Conduct: You agree not to:
Commercial Use and Unauthorized Access: You agree not to:
Privacy Rights: You agree not to:
Cheating and Hacks: You agree not to:
Special Notice for International Use; Export Controls: Software available in connection with the Service and the transmission of applicable data, if any, is subject to United States export controls. No Software may be downloaded from the Service or otherwise exported or re-exported in violation of U.S. export laws. Downloading or using the Software is at your sole risk. Recognizing the global nature of the Internet, you agree to comply with all local rules and laws regarding your use of the Service, including as it concerns online conduct and acceptable content.
Credits: Some parts of the Service are free, and other parts require a fee. In connection with the Service, you can purchase credits ("Credits") that may be redeemed for avatar clothes and other avatar features and any other virtual products, services and enhancements that we may make available from time to time ("Virtual Items") using real-world monetary currency. Such Credits will be available for purchase in the denominations determined by us from time to time (see www.glitch.com/credits/ for more details), which may be subject to change by us in our discretion. In order to purchase Credits, you will need to provide us or another payment service designated by us (e.g., PayPal) with your billing information and other information related to the transaction (e.g., your billing and shipping address, credit card expiration date, etc.). Note that we will only grant refunds in accordance with our Refund Policy.
You agree that all information that you provide to Glitch or a designated third-party payment service will be accurate, current and complete. You agree to pay all charges (including taxes) incurred by you resulting from your use of the Service at the price(s) in effect when such charges are incurred. If for any reason a charge you authorize us to make cannot be processed or is returned to us unpaid, you will promptly remit to us payment for such charge, and we may withhold any of the Glitch services until we verify your payment and billing information. We will not be responsible or liable for any credit card or bank-related charges or fees related to any of your transactions.
Currants: You may also earn in-game virtual tokens through the course of your gameplay ("Currants") that may be redeemed for in-game items and services ("Game Items"). Game Items and Virtual Items are referred to as the "Items".
Credits and Currants are not Real Money: Each Credit and Currant is a virtual token constituting limited license permission from Tiny Speck to use certain features of the Service. Credits and Currants are not real currency nor redeemable for monetary value from Tiny Speck. When you acquire a Credit or Currant, Tiny Speck grants you a limited license to use the Credit or Currant, as applicable, as a virtual token to be redeemed for the right to access and use Virtual Items or Game Items, as applicable, in accordance with these Terms of Service. Except as expressly permitted by this Agreement or otherwise by Tiny Speck, the foregoing license may not be sublicensed, encumbered, conveyed or made subject to any right of survivorship or other disposition by operation of law or otherwise, and you agree that any attempted disposition in violation of these Terms of Service is null and void. Tiny Speck may revoke the foregoing license at any time without notice, refund or compensation in the event that: (i) the Credit or Currant program is suspended or discontinued; (ii) Tiny Speck determines that fraud or other illegal conduct is associated with your account; (iii) Tiny Speck imposes an expiration date on usage of Credits or Currants in compliance with applicable laws and regulations; (iv) your account is terminated for any reason (including violation of these Terms of Service); or (v) you become delinquent on any of your payment requirements or cease to maintain an active account.
You agree that Tiny Speck has the right to manage, regulate, and/or modify the license rights underlying such Credits and Currants and that we will have no liability to you based on our exercise of this right. Tiny Speck makes no guarantee as to the nature, quality or value of the features of the Service that will be accessible through the use of Credits or Currants, or the availability or supply of Credits or Currants.
Items have no Real World Value: Regardless of the consideration offered or paid in exchange for Items, you do not have any ownership rights in the Items (or any Credits or Currants). We have no liability for "hacking" or loss of your Items from your account. We may limit the order quantity on any Item and/or to refuse to provide you with any Item. Verification of certain information applicable to a transaction involving an Item may be required prior to our acceptance thereof. Price and availability of the Items are subject to change without notice. Note that we have no liability with respect to Items, Credits or Currants that are gifted to you, provided as an incentive or recycled. Except as expressly permitted through the Service, you agree that you cannot sell or otherwise transfer any of the Credits, Currants or Items, or any other content or information included in the Service to any user or other third party, including on Internet auction sites (e.g., eBay) or in return for anything of value (including "real" money) or otherwise.
Service Content, Software and Trademarks: You acknowledge and agree that the Service contains content that is protected by intellectual property and other proprietary rights and laws (including graphics, artwork, music, choreography, characters, avatars, Items and/or other items acquired or created in the Service). Except as expressly authorized by Tiny Speck, you agree not to modify, copy, frame, scrape, rent, lease, loan, sell, distribute or create derivative works based on the Service or such content, in whole or in part (except that the foregoing will not apply to your User Content, as defined below, if any). The Service (including the Software, the API and such content) is intended solely for playing purposes and for your personal use. Any use of the Service other than as specifically authorized herein is not allowed.
The Software and the API (including all technology and software underlying the Service) is the property of Tiny Speck, our affiliates and our partners. Unless consented to in writing, you agree not to copy, modify, create a derivative work of, reverse engineer, reverse assemble or otherwise attempt to discover any source code of, sell, assign, sublicense or otherwise transfer any right in the Software or the API. Any rights not expressly granted herein are reserved by Tiny Speck.
The TINY SPECK and GLITCH names and logos are trademarks and service marks of Tiny Speck (collectively the "Tiny Speck Trademarks"). Other company, product, and service names and logos used and displayed via the Service may be trademarks or service marks of their respective owners who may or may not endorse or be affiliated with or connected to Tiny Speck. Nothing in these Terms of Service or the Service should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any of Tiny Speck Trademarks displayed on the Service, without our prior written permission in each instance. All goodwill generated from the use of Tiny Speck Trademarks will inure to our exclusive benefit.
If we give you access to our API, you will include a disclaimer in your Licensee Application in a reasonably prominent location that your Licensee Application "uses the Glitch APIs but is not endorsed by or affiliated with Tiny Speck, Inc. (the makers of Glitch) in any way." Note that, other than the foregoing, the use of our API does not include any right for you to use any trademark, service mark, trade name or any other mark of Glitch; if you would like to use the Tiny Speck Trademarks, please contact us.
Third Party Material: Under no circumstances will Tiny Speck be liable for any content posted or transmitted by or on behalf of users or other third parties, including, but not limited to, for any errors or omissions in any content, or for any loss or damage of any kind incurred as a result of the use of any content posted or transmitted via the Service. You acknowledge that Tiny Speck does not pre-screen content, but that Tiny Speck and its designees will have the right (but not the obligation) in their sole discretion to block or remove any content that is available via the Service, including without limitation, any content that violates these Terms of Service or is deemed by Tiny Speck, in its reasonable discretion, to be otherwise objectionable.
User Content Transmitted through the Service: You are solely responsible for the content and other materials you post or transmit on or through the Service, including with other users or recipients (collectively, "User Content"). By posting or transmitting any User Content you hereby grant Tiny Speck and its affiliated companies and partners a nonexclusive, worldwide, royalty free, fully paid up, transferable, sublicensable, perpetual, irrevocable license to copy, display, transmit, perform, distribute, store, modify and otherwise use your User Content in connection with the operation of the Service or the promotion, advertising or marketing thereof, in any form, medium or technology now known or later developed. You also hereby waive any moral rights you may have in such User Content under the laws of any jurisdiction. You represent, warrant and agree that no User Content you provide or create using the Service violates or infringes any third party's intellectual property or other rights or is subject to any obligation, whether of confidentiality, attribution or otherwise, on our part, and that we will not be liable for any use or disclosure thereof.
You acknowledge and agree that any questions, comments, suggestions, ideas, feedback or other information about the Service ("Submissions") provided by you to Tiny Speck are non-confidential and Tiny Speck will be entitled to the unrestricted use and dissemination of these Submissions for any purpose, commercial or otherwise, without acknowledgment or compensation to you.
You acknowledge and agree that Tiny Speck may preserve User Content and may also disclose User Content if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to: (a) comply with legal process, applicable laws or government requests; (b) enforce these Terms of Service; (c) respond to claims that any User Content violates the rights of third parties; or (d) protect the rights, property, or personal safety of Tiny Speck, its users and the public. You understand that the technical processing and transmission of the Service, including your User Content, may involve transmissions over various networks and changes to conform and adapt to technical requirements of connecting networks or devices.
Copyright Complaints: Tiny Speck respects the intellectual property of others, and we ask our users to do the same. If you believe that your work has been copied in a way that constitutes copyright infringement, or that your intellectual property rights have been otherwise violated, you should notify Tiny Speck of your infringement claim in accordance with the procedure set forth below.
Tiny Speck will process and investigate notices of alleged infringement and will take appropriate actions under the Digital Millennium Copyright Act ("DMCA") and other applicable intellectual property laws with respect to any alleged or actual infringement. A notification of claimed copyright infringement should be emailed to Tiny Speck's Copyright Agent at email@example.com (Subject line: "DMCA Takedown Request"). You may also contact us by mail at:
Tiny Speck, Inc.
Attn: Copyright Agent
360 Clementina Street
San Francisco, CA 94103
To be effective, the notification must be in writing and contain the following information:
Counter-Notice: If you believe that your User Content that was removed (or to which access was disabled) is not infringing, or that you have the authorization from the copyright owner, the copyright owner's agent, or pursuant to the law, to post and use the content in your User Content, you may send a written counter-notice containing the following information to the Copyright Agent:
If a counter-notice is received by the Copyright Agent, Tiny Speck will send a copy of the counter-notice to the original complaining party informing that person that it may replace the removed content or cease disabling it in 10 business days. Unless the copyright owner files an action seeking a court order against the content provider, member or user, the removed content may be replaced, or access to it restored, in 10 to 14 business days or more after receipt of the counter-notice, at our sole discretion.
Repeat Infringer Policy: In accordance with the DMCA and other applicable law, Tiny Speck has adopted a policy of terminating, in appropriate circumstances and at Tiny Speck's sole discretion, the accounts of users who are deemed to be repeat infringers. Tiny Speck may also at its sole discretion limit access to the Service and/or terminate the accounts of any users who infringe any intellectual property rights of others, whether or not there is any repeat infringement.
The Service may provide, or third parties may provide, links or other access to other sites and resources on the Internet. We have no control over such sites and resources and we are not responsible for and do not endorse such sites and resources. You further acknowledge and agree that Tiny Speck will 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 content, events, goods or services available on or through any such site or resource. Any dealings you have with third parties found while using the Service are between you and the third party.
Tiny Speck is not responsible for the accuracy, availability or reliability of any information, content, goods, data, opinions, advice or statements made available in connection with third party services. As such, Tiny Speck is not liable for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such third party service. Tiny Speck enables these features merely as a convenience and the inclusion of such features does not imply an endorsement or recommendation.
You agree to release, indemnify and hold Tiny Speck and its affiliates and their officers, employees, directors and agent harmless from any and all losses, damages, expenses, including reasonable attorneys' fees, rights, claims, actions of any kind and injury (including death) arising out of or relating to your use of the Service, any User Content, your connection to the Service, your violation of these Terms of Service or your violation of any rights of another. If you are a California resident, you waive California Civil Code Section 1542, which says: "A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor." If you are a resident of another jurisdiction, you waive any comparable statute or doctrine.
YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE, SOFTWARE AND API ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. TINY SPECK AND ITS AFFILIATES AND LICENSORS EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.
TINY SPECK AND ITS AFFILIATES AND LICENSORS FURTHER MAKE NO WARRANTY THAT (I) THE SERVICE, SOFTWARE OR API WILL MEET YOUR REQUIREMENTS, (II) THE SERVICE SOFTWARE, OR API WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (III) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE, SOFTWARE OR API WILL BE ACCURATE OR RELIABLE, OR (IV) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICE, SOFTWARE OR API WILL MEET YOUR EXPECTATIONS.
YOU EXPRESSLY UNDERSTAND AND AGREE THAT TINY SPECK AND ITS AFFILIATES AND LICENSORS WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY DAMAGES, OR DAMAGES FOR LOSS OF PROFITS INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF THEY HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, RESULTING FROM: (I) THE USE OR THE INABILITY TO USE THE SERVICE, SOFTWARE OR API; (II) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SERVICE, SOFTWARE OR API; (III) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (IV) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE, SOFTWARE OR API; OR (V) ANY OTHER MATTER RELATING TO THE SERVICE, SOFTWARE OR API. IN NO EVENT WILL TINY SPECK'S TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES OR CAUSES OF ACTION EXCEED THE AMOUNT YOU HAVE PAID TINY SPECK IN THE LAST SIX (6) MONTHS, OR, IF GREATER, ONE HUNDRED DOLLARS ($100).
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS SET FORTH ABOVE MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE SERVICE OR WITH THESE TERMS OF SERVICE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USE OF THE SERVICE.
At Tiny Speck's or your election, all disputes, claims, or controversies arising out of or relating to these Terms of Service or the Service that are not resolved by mutual agreement may be resolved by binding arbitration to be conducted before JAMS, or its successor. Unless otherwise agreed by the parties, arbitration will be held in San Francisco, California before a single arbitrator mutually agreed upon by the parties, or if the parties cannot mutually agree, a single arbitrator appointed by JAMS, and will be conducted in accordance with the rules and regulations promulgated by JAMS unless specifically modified in these Terms of Service. The arbitration must commence within forty-five (45) days of the date on which a written demand for arbitration is filed by either party. The arbitrator's decision and award will be made and delivered within sixty (60) days of the conclusion of the arbitration and within six (6) months of the selection of the arbitrator. The arbitrator will not have the power to award damages in excess of the limitation on actual compensatory, direct damages set forth in these Terms of Service and may not multiply actual damages or award punitive damages or any other damages that are specifically excluded under these Terms of Service, and each party hereby irrevocably waives any claim to such damages. The arbitrator may, in his or her discretion, assess costs and expenses (including the reasonable legal fees and expenses of the prevailing part) against any party to a proceeding. Any party refusing to comply with an order of the arbitrators will be liable for costs and expenses, including attorneys' fees, incurred by the other party in enforcing the award. Notwithstanding the foregoing, in the case of temporary or preliminary injunctive relief, any party may proceed in court without prior arbitration for the purpose of avoiding immediate and irreparable harm. The provisions of this arbitration section will be enforceable in any court of competent jurisdiction.
You agree that Tiny Speck, in its sole discretion, may suspend or terminate your account with or without notice (or any part thereof, including the content in your account) or use of the Service and remove and discard any content within the Service, for any reason, including for lack of use or if Tiny Speck believes that you have violated or acted inconsistently with the letter or spirit of these Terms of Service. Further, you agree that Tiny Speck will not be liable to you or any third-party for any termination of your account or access to the Service.
You agree that you are solely responsible for your interactions with any other user in connection with the Service and Tiny Speck will have no liability or responsibility with respect thereto. Tiny Speck reserves the right, but has no obligation, to become involved with disputes between you and any other user of the Service.
These Terms of Service constitute the entire agreement between you and Tiny Speck and govern your use of the Service, superseding any prior agreements between you and Tiny Speck with respect to the Service. You also may be subject to additional terms and conditions that may apply when you use affiliate or third-party services, third-party content or third-party software. These Terms of Service will be governed by the laws of the State of California without regard to its conflict of law provisions. With respect to any disputes or claims not subject to arbitration, as set forth above, you and Tiny Speck agree to submit to the personal and exclusive jurisdiction of the state and federal courts located within San Francisco County, California. The failure of Tiny Speck to exercise or enforce any right or provision of these Terms of Service will not constitute a waiver of such right or provision. If any provision of these Terms of Service is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of these Terms of Service remain in full force and effect. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Service or these Terms of Service must be filed within one (1) year after such claim or cause of action arose or be forever barred. A printed version of this agreement and of any notice given in electronic form will be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. The section titles in these Terms of Service are for convenience only and have no legal or contractual effect. Notices to you may be made via either email or regular mail. The Service may also provide notices to you of changes to these Terms of Service or other matters by displaying notices or links to notices generally on the Service.
Please contact us as set forth below to report any violations of these Terms of Service or to pose any questions regarding this Terms of Service or the Service.
Tiny Speck, Inc.
360 Clementina St.
San Francisco, CA 94103
Under California Civil Code Section 1789.3, users of the Service from California are entitled to the following specific consumer rights notice: The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 1625 North Market Blvd., Suite N 112, Sacramento, CA 95834, or by telephone at (916) 445-1254 or (800) 952-5210.