22. No Waiver of Contractual Rights. The failure of either party to enforce any provision of these Terms shall not be construed as a waiver or limitation of that party's right to subsequently enforce and compel strict compliance with every provision of these Terms.
23. Severability. If any provision of these Terms shall be held to be invalid or unenforceable for any reason, the remaining provisions shall continue to be valid and enforceable. If a court finds that any provision of these Terms is invalid or unenforceable, but that by limiting such provision it would become valid or enforceable, then such provision shall be deemed to be written, construed and enforced as so limited.
24. Applicable Laws. Glu operates the Site from its offices in San Francisco County, California and makes no representations that content in the Site or the Applications are appropriate or available for use in other locations. Access to the Site or Applications from any territory where the content is illegal is prohibited. If you choose to access the Site or use the Applications from other locations, you do so at your own risk and are solely responsible for compliance with any and all applicable laws, rules and regulations. The display of the Site alone does not subject Glu to any specific jurisdiction. You may not use or export any of the Site content or Applications in violation of U.S. export laws and regulations. Any claim related to the use of the Site or the Applications shall be governed by, construed and enforced in accordance with the laws of the State of California as applied to agreements made and to be performed entirely therein. Any action brought in connection with the Site or Applications or any other Glu content or services shall be brought in either the state or federal courts with jurisdiction in San Francisco County, California. The parties hereby waive any claim or defense that such forum is not convenient or proper and consent to service of process by any means authorized by California law. Translations of these Terms have been provided for your convenience only; the English-language version of these Terms shall control in all respects in any dispute.
25. General Notices. All notices required by or allowed under these Terms, including notices of problems and/or inaccuracies in the Site or Applications should be addressed to Glu Mobile Inc., 45 Fremont Street, Suite 2800, San Francisco, CA 94105-2209. Communications made through the Site's e-mail and messaging system shall in no way be deemed to constitute legal notice to Glu or any of its officers, employees, agents or representatives, with respect to any existing or potential claim or cause of action against Glu or any of its affiliates, officers, employees, agents or representatives, where notice to Glu is required by contract, or any federal, state or local laws, rules or regulations. If, but only if, applicable law requires that we accept e-mail notices, then you may send us e-mail notice at [email protected]
. With respect to our notices to you, we may provide notice of Amendments by posting them on the Site and you agree to check for changes. Instead, or in addition, we may give notice by sending e-mail to the e-mail address you provide during registration or otherwise. Notice shall be deemed given twenty-four (24) hours after it is posted or an e-mail is sent, unless (as to e-mail) the sending party is notified that the e-mail address is invalid. Alternatively, we may give you notice by certified mail, postage prepaid and return receipt requested, to the address provided during registration. In such case, notice shall be deemed given three (3) days after the date of mailing.
26. Notice of Copyright Infringement. Glu respects the intellectual property rights of others and requests that you do the same. Anyone who believes that his, her or its work has been reproduced on the Site in a way that constitutes copyright infringement may provide a notice to Glu's legal department for the Site containing the following:
an electronic or physical signature of a person authorized to act on behalf of the owner of the copyright interest;
identification of the copyrighted work claimed to have been infringed;
identification of the material that is claimed to be infringing and information reasonably sufficient to permit Glu to locate the material;
the address, telephone number, and, if available, an e-mail address at which the complaining party may be contacted;
a representation that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
a representation that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
Copyright infringement claims and notices (but not other notices) should be sent to the attention of legal department, by any of the following means:
by mail: Glu Mobile Inc., 500 Howard St, Suite 300, San Francisco, CA 94105
by e-mail: [email protected]
If Glu receives proper notification of infringement pursuant to the procedure set forth above, it will remove or disable access to the challenged material and will take reasonable steps to notify the party who originally posted it (the "posting party") that the material has been removed. The posting party may then submit a counter-notification by sending an e-mail message to Glu's legal department explaining why the posting party believes that material is not infringing. To be effective, the counter notification should include:
a physical or electronic signature of the posting party;
identification of the material that has been removed and the location where the material was located before it was removed;
a statement under penalty of perjury that the posting party has a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material to be removed or disabled;
the posting party's contact information, such as the address, telephone number and email address; and
a statement that the posting party will consent to jurisdiction of the federal court for the district in which that address is located (or, if that address is in a foreign country, in the federal court for the Northern District of California), and that the posting party will accept service of process from the person who provided the notification described above or that person's agent.
Upon receipt of a counter-notification complying with these requirements, Glu will promptly provide the person who submitted the original notification with a copy of the counter-notification and will replace the removed material or cease disabling access to it in not less than 10, nor more than 14, business days unless that person provides to the Glu's legal department a notification that the person has filed an action seeking a court order to restrain the subscriber from engaging in infringing activity related to the material posted to the Site.
27. Electronic Communications Privacy Act Notice (18.USC> 2701-2711).WE MAKE NO GUARANTY OF CONFIDENTIALITY OR PRIVACY OF ANY COMMUNICATION OR INFORMATION TRANSMITTED THROUGH THE APPLICATIONS OR ON THE SITE OR ANY WEB SITE LINKED TO THE SITE OR THROUGH THE APPLICATIONS. We will not be liable for the privacy of e-mail addresses, registration and identification information, disk space, communications, confidential or trade-secret information, or any other content stored on our equipment, transmitted over networks accessed by the Site, or otherwise connected with your use of the Site or Applications.