NOSTRA TERMS OF USE AND END USER LICENCE AGREEMENT

LAST UPDATED: Oct 2024

EFFECTIVE: Oct 2024

Please read this END USER LICENSE AGREEMENT (“EULA”) and our Privacy Policy (“Privacy Policy”) carefully downloading, subscribing to, accessing or using the Glance Platform, because the EULA governs your use. The Nostra Platform is offered by GLANCE INMOBI PTE. LTD., (“Glance”, “Us”, “Our”, or “We”). For purposes of this EULA, “Nostra Platform” means the online gaming platform offered independently or distributed through any third-party application, website and feature, or as made available in any other format, which enables You (“You”, or “End Users”)

explore, discover, watch, upload, post , play games, participate in different gaming communities, follow other users, like, share, comment on user posts, earn badges etc. Nostra Platform may also enable Nostra, 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, Nostra Platform, including our Content or other services accessible through Us or in Our support are collectively called the “Services.”  

ANY INFORMATION, MATERIALS AND CONTENT CONTRIBUTED TO THE NOSTRA PLATFORM IS FOR PUBLIC CONSUMPTION (EXCEPT FOR PRIVATE CHAT MESSAGES) ARE DEEMED NON-CONFIDENTIAL. WE ENCOURAGE YOU TO EXERCISE CAUTION AND NOT SHARE AND/OR CONTRIBUTE SUCH INFORMATION, CONTENT AND MATERIALS THAT ARE PRIVATE AND/OR CONFIDENTIAL IN NATURE. 

  1. The Nostra Platform Services
  2. The Nostra Platform provides 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 Nostra/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. Nostra allows you to access more information about a particular Content, either within the Nostra 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. Nostra may also feature advertising tailored to your interests. The Nostra 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 Nostra 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 Nostra Platform. Nostra including Group, Nostra’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 Nostra and Glance, and not otherwise barred from using the Services under applicable law. You may use the Nostra 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. 

  3. Agreement to EULA.
  4. 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 Nostra Platform and/or some of its features may not be made available to You. The Nostra Platform may also fail to operate and provide You with optimum experience.

  5. Feedback.
  6. We appreciate feedback, comments, ideas, proposals, and suggestions for improvements to the Services (“Feedback”). If You choose to submit Feedback, You agree that We are free to use it without any restriction or compensation to You. 

  7. Changes to the EULA or the Services.
  8. 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.

  9. Who May Use the Services.
  10. 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 Nostra 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. Nostra 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 Nostra Platform, your participation will be subject to the contest specific terms as We will notify You about from time to time.

  11. Content
  12. 7.1 Your Content

    • a. Posting Content.Our Services may allow You to upload, post, and 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”. Nostra 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. 

    • b. Permissions to Your User Content. By making any User Content available through the Services You hereby grant to Nostra 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.

    • c. 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 Nostra 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. By posting information on the Nostra Platform or otherwise using any communications service, comments board, or other interactive service that may be available to You on or through the Nostra Platform, You agree that You will not upload, share, post, or otherwise distribute or facilitate distribution of any User Content that breach Our content and community guidelines including without limit: 

      1. is unlawful, threatening, abusive, harassing, defamatory, libellous, deceptive, fraudulent, invasive of another user’s privacy, or is otherwise tortious or contains explicit or graphic descriptions or accounts of sexual acts (including but not limited to sexual language of a violent or threatening nature directed at another individual or group of individuals), or otherwise violates Our content and community guidelines, rules or policies; 
      2. harms minors in any way or is grossly harmful, harassing, blasphemous; hateful, pornographic, pedophilic, or racially, ethnically objectionable, disparaging, relating or encouraging money laundering or gambling; 
      3. victimizes, harasses, degrades, or intimidates an individual or group of individuals based on religion, gender, sexual orientation, race, ethnicity, age, disability, or on any other legally protected basis 
      4. belongs to another person and to which the user does not have any right to and/or infringes on any right of publicity, moral right, or other proprietary right of any party; 
      5. constitutes unauthorized or unsolicited advertising, junk or bulk email (also known as "spamming"), chain letters, any other form of unauthorized solicitation, or any form of lottery or gambling; 
      6. contains software viruses or any other computer code, files, or programs that are designed or intended to disrupt, damage, or limit the functioning of any software, hardware, or telecommunications equipment or to damage or obtain unauthorized access to any data or other information of any third party; 
      7. tries to gain unauthorized access or exceeds the scope of authorized access to the Platform or to profiles, blogs, communities, account information, bulletins, friend request, or other areas of the Platform or solicits passwords or personal identifying information for commercial or unlawful purposes from other users; 
      8. interferes with another person’s use and enjoyment of the Platform or any other individual person’s use and enjoyment of similar services; 
      9. infringes on any intellectual property rights, including the rights of any third parties, which include but are not limited to intellectual property rights, rights of privacy (including without limitation unauthorized disclosure of a person's name, email address, physical address or phone number) or rights of publicity, or other proprietary rights; 
      10. violates any law for the time being in force or involves providing information which is false, inaccurate or misleading or sale of fraudulent, counterfeit or stolen items; 
      11. impersonates any person or entity, including any of Our employees or representatives or deceives or misleads the addressee about the origin of such Content and/or messages or communicates any information which is grossly offensive or menacing in nature; 
      12. threatens the unity, integrity, defence, security or sovereignty of any nation, friendly relations with foreign states, or public order or causes incitement to the commission of any cognisable offence or prevents investigation of any offence or is insulting any other nation; 
      13. contains restricted or password-only access pages, or hidden pages or images (those not linked to or from another accessible page). 

    • d. 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.

    • e. 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 Nostra 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 Nostra 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 Nostra’s policies and guidelines as well as for the purpose of operating the Services.

     

    7.2 Nostra'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.Nostra Platform includes Third Party Content, advertisement services from Nostra, Glance or the Group, advertising information or promotional material (“Ad-Content”). Nostra 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, Nostra attributes Content to the relevant Third Party Content provider/ licensor. If You believe the Third Party Content infringes the intellectual property or other proprietary rights, please contact the Third Party Content provider.

    7.4 Content Moderation..We and Our agents have the right at Our sole discretion to remove any materials that, in Our judgment, do not comply with this EULA and any other rules of user conduct for Our Nostra 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 Nostra Platform infringes on any patent, trademark, trade secret, copyright, right of publicity, moral right, or other proprietary right of any party.

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  13. OWNERSHIP AND GRANT OF LICENSE
  14. 8.1 Subject to the foregoing, Nostra 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 Singapore and the other countries including India. 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 Nostra 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 Nostra 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 Nostra 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 Nostra Platform and the Content.

    8.3 You agree that the Nostra Platform and the Content viewed through the Nostra 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.

  15. LICENSE AND CONTENT RESTRICTIONS
  16. 9.1 LICENSE RESTRICTIONS. Except as expressly set out in this EULA, You agree:

    • a. not to copy, reproduce, distribute, display, mirror, frame or use the Nostra 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;
    • b. not to sell, rent, lease, license, sub-license, loan, translate, merge, adapt, vary or modify the Nostra Platform, or any Content, except as explicitly permitted by us;
    • c. not to make alterations to, or modifications of, the whole or any part of Nostra Platform, or permit the Nostra 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;
    • d. not to disassemble, decompile, reverse-engineer or create derivative works based on the whole or any part of the Nostra 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 Nostra 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 Nostra 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 Nostra Platform;
    • e. not to provide or otherwise make available the Nostra Platform in whole or in part (including object and source code), in any form to any person without prior written consent from Us;
    • f. to comply with all technology control or export laws and regulations that apply to the technologies used or supported by Nostra Platform in your use of the Platform;
    • g. not to attempt to probe, scan, or test Nostra's vulnerability or breach any security or authentication measures;
    • h. not to access, tamper with, or use non-public areas of the Services; and
    • i. not to directly or indirectly induce others to do any of the above.

     

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

    • a. 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;
    • b. use Content in an obscene, pornographic, defamatory, disparaging, infringing or other unlawful manner or in violation of any applicable laws, proprietary or privacy rights;
    • c. unless expressly permitted pursuant to Nostra Platform, use the Content for any commercial, promotional, advertorial, endorsement, advertising or merchandising purpose;
    • d. 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 Nostra Platform (unless You are specifically permitted by way of a ‘Share’ or ‘Copy’ button);
    • e. re-order, modify, edit, obscure or truncate in anyway the Content, Ad-Content or Nostra Platform;
    • g. use the Nostra 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 Glance Platform or any operating system and shall at all times remain compliant with laws applicable to your use of Nostra Platform;
    • h. 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 Nostra Platform or any service associated (to the extent that such use is not licensed by this EULA);
    • i. use the Nostra 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
    • j. collect or harvest any information or data obtained from any Nostra Platform or Our systems or attempt to decipher any transmissions to or from the servers running any service for the Nostra Platform including attempt to sale, resale, broker, re-broker, reverse-engineer or make derivative works of such data.
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  17. TRADEMARKS AND COPYRIGHTS
  18. 10.1 Nostra , the Nostra  logo and other Nostra  trademarks, service marks, graphics, and logos used in connection with the Nostra  Platform (“Nostra  Marks”) are trademarks or registered trademarks of Nostra, 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 Nostra  Platform and/or the Content is the copyright of Nostra  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 Nostra  Platform, Content and Nostra  Marks is strictly prohibited. It’s our policy to terminate in appropriate circumstances Nostra  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 Nostra Platform as a significant step. Consequently, if You believe your copyright has been infringed by a posting on the Nostra 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 Nostra 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.”
    • (f) You must then sign your written notification.
    • (g) Finally, send the completed written notification to gaming.support@glance.com

     

  19. LIMITED WARRANTY AND DISCLAIMER
  20. 11.1 Any implied warranties including those prescribed by statute are expressly disclaimed.

    11.2 TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE NOSTRA 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. NOSTRA , NOSTRA ’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. NOSTRA , NOSTRA ’S LICENSORS, GROUP AND DEVICE PARTNERS DO NOT WARRANT AGAINST INTERFERENCE WITH YOUR ENJOYMENT OF THE NOSTRA PLATFORM; THAT THE NOSTRA PLATFORM WILL MEET YOUR REQUIREMENTS; THAT THE NOSTRA PLATFORM WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT THE NOSTRA PLATFORM WILL INTEROPERATE OR BE COMPATIBLE WITH ANY OTHER SERVICE OR THAT ANY ERRORS IN THE NOSTRA PLATFORM WILL BE CORRECTED. NO ORAL OR WRITTEN ADVICE PROVIDED BY NOSTRA , THE GROUP NOSTRA ’S LICENSORS AND DEVICE PARTNERS OR ANY AUTHORIZED REPRESENTATIVE SHALL CREATE A WARRANTY. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF OR LIMITATIONS ON IMPLIED WARRANTIES OR THE LIMITATIONS ON THE APPLICABLE STATUTORY RIGHTS OF A CONSUMER, SO SOME OR ALL OF THE ABOVE EXCLUSIONS AND LIMITATIONS APPLY ONLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.

    11.3 CERTAIN FEATURES AND FUNCTIONALITIES OF NOSTRA 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 NOSTRA 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 NOSTRA PLATFORM, AS IT IS INTENDED SOLELY FOR ENTERTAINMENT PURPOSES. THE USER IS RESPONSIBLE FOR HIS/ HER OWN DECISIONS AND ACTIONS UNDERTAKEN INCLUDING WHILE PROVIDING ANY MATERIALS.

    11.4 Reward Disclaimers

    • (a) Winners of any gaming contests, surveys, rewards program, etc. conducted on the Nostra Platform may be entitled to rewards and prizes (including without limitation gift vouchers as specified in the respective contests / program announcements) (“Rewards”). Nostra 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.
    • (b) 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. Nostra or its Rewards partner will have no responsibility to reissue or extend the vouchers. To the extent valid vouchers are issued, Nostra 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.
    • (c) The Rewards are non-exchangeable, non-transferable, and is not redeemable for other items or prizes. Nostra 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.
    • (d) Nostra 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.
    • (e)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.
    • (f) 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 Nostra , 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.
    • (g) 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.

     

  21. LIMITATION OF LIABILITY
  22. 12.1 IN NO EVENT WILL NOSTRA , 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 NOSTRA 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 NOSTRA , THE GROUP AND/OR ITS LICENSORS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL NOSTRA ’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.

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

  25. INDEMNITY
  26. You hereby agree to defend, indemnify and hold harmless Nostra , 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 Nostra Platform, Content , User Content and any materials comprising the Nostra 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 Nostra Platform.

  27. EVENTS OUTSIDE OUR CONTROL
  28. 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. 

  29. GOVERNING LAW AND DISPUTE RESOLUTION
  30. 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 Nostra 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.

  31. GENERAL TERMS
  32. 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.Nostra 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 Singapore and the other countries including India. 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 Nostra and You regarding the Services, and this EULA supersedes and replaces all prior oral or written understandings or agreements between Nostra 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 Nostra ’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. Nostra 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 Nostra 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. Nostra ’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 Nostra. 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.

  33. CONTACT INFORMATION AND GRIEVANCE OFFICER:
    • (a) Customer Support: For any enquiries You may have about Our service and features or if You need assistance with the Nostra Platform, You may write to Us at gaming.support@glance.com
    • (b) 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 Nostra Platform, however, We are committed to creating a safe environment and will consider all your genuine grievances/ complaints.
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