Glitch Terms of Service
Last Modified: 2017-11-30
Hi and welcome! You are now reading Glitch's Terms of Service, which include an agreement between you and Fog Creek in Section 15 to arbitrate in certain cases instead of going to court.
This is the legal contract between you and Fog Creek when you use the Glitch site, and related services and products. You should read this carefully before you use our site, our services or products.
We've tried to be both fair and clear—if you have any suggestions for improvement, feel free to email us at email@example.com. We've also included annotations throughout this contract in quotes; these annotations aren't a part of the contract itself, but are intended to help you follow the text and to emphasize key sections.
1. Accepting the Terms of Service
“We are Fog Creek and you're agreeing to these terms.”
These are some of the definitions we'll use in this contract:
- Services: Glitch.com, and/or the other domains, products, services, and/or content provided by Fog Creek (and its licensors) as part of Glitch, but not the domains, products, services or content provided by Fog Creek as part of its services other than Glitch.
- Fog Creek: Fog Creek Software, Inc. Also known as “we” or “us”.
- Glitch: Fog Creek's services related to describing projects and those involved in projects.
- User: That is you, who we'll also call “you”.
By creating an account to use the Services (“Account”) or using or accessing the Services, you agree to become bound by all the terms and conditions of this Agreement. Please note that your account to use the Services will be different from your account to use other Fog Creek services. If you do not agree to all the terms and conditions of this Agreement, you shouldn't and aren't permitted to use the Services.
2. Modifications to this Agreement
“We can change this agreement if needed, and when we do, we'll let you know.”
Fog Creek may make modifications, deletions and/or additions to this Agreement (“Changes”) at any time. A Change will be effective: (i) thirty (30) days after Fog Creek provides notice of such Change, whether such notice is provided through the Services user interface, is sent to the e-mail address associated with your Account or otherwise; or (ii) when you opt-in or otherwise expressly agree to such Change or a version of this Agreement incorporating such Change, whichever comes first.
3. Use of the Services
Eligibility: “You have to be thirteen or older.”
No individual under the age of thirteen (13) may use the Services or provide any information to Fog Creek or otherwise 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 or otherwise provided personal information to Fog Creek, please contact us at firstname.lastname@example.org. In addition, you may only use the Services to the extent not legally prohibited from doing so.
Service Changes and Limitations: “We are going to be changing and updating the service regularly.”
The Services may change frequently, and their form and functionality may change without prior notice to you. Fog Creek retains the right to create limits on or in relation to use of the Services in its sole discretion at any time with or without notice. We will work to notify you of any such limits, or of changes to these limits, whenever possible.
Fog Creek may also impose limits on certain Services or aspects of those Services or restrict your access to parts or all of the Services without notice or liability. Generally, this will only happen when needed to maintain the service or to make necessary updates to the service. Fog Creek may change, suspend, or discontinue any or all of the Services at any time, including the availability of any product, feature, database, or Content (as defined below). Fog Creek may also suspend Accounts at any time, in its sole discretion.
Limitations on Automated Use: “You shouldn't use bots or access the system in malicious or un-permitted ways.”
You may not do any of the following while accessing or using the Services: (a) access, tamper with, or use non-public areas of the Services, or the computer or delivery systems of Fog Creek and/or its service providers; (b) probe, scan, or test any system or network (particularly for vulnerabilities), or otherwise attempt to breach or circumvent any security or authentication measures; (c) 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 Fog Creek (and only pursuant to those terms and conditions), unless you have been specifically allowed to do so in a separate agreement with Fog Creek, or unless specifically permitted by Fog Creek's robots.txt file or other robot exclusion mechanisms; (d) scrape the Services, or scrape Content (as defined below) from the Services; (e) 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 (f) 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.
If you discover a security breach related to the Services, you shall notify us promptly.
5. Content and Intellectual Property Rights
Definitions: “Content means text, pictures and other stuff; User Content is your stuff.”
For purposes of this Agreement: (1) the term “Content” means any work of authorship and includes, without limitation, video, audio, photographs, images, illustrations, animations, logos, tools, written posts, replies, and comments, information, data, text, software, scripts, executable files, graphics, and interactive features; (2) the term “User Content” is all Content that users of the Services (“Users”) create on our upload to their Accounts, such as code, text, images and other assets.
Ownership: “You own your stuff, and we own our stuff.”
As between you and Fog Creek, you retain ownership of all intellectual property rights in your User Content, and Fog Creek and/or its licensors retain ownership of all intellectual property rights in the Services and all Content made available through the Services other than your User Content. You agree not to sell, license, distribute, copy, modify, publicly perform or display, transmit, publish, edit, adapt, create derivative works from, or otherwise make unauthorized use of the Services, but you may peform these actions on your User Content in compliance with the terms of this Agreement.
Content License from You: “You allow us to use your content while using and running our services and operating our business.”
As a User of the Services, you hereby grant to Fog Creek a worldwide, non-exclusive, royalty-free, full-paid, irrevocable, perpetual, transferable, sublicensable right and license to download, copy, store, view, display, perform, and analyze the User Content for (1) purposes of operating and providing the Services and (2) Fog Creek's internal business purposes, including without limitation for analyzing usage of and improving our Services.
User Content: “You have the right to let us use your content. We don't warrant other user's content.”
You represent and warrant that you either own your User Content or have all necessary rights, licenses and consents relating thereto in order to grant Fog Creek the license rights granted herein without infringement or violation of the rights of any third party. You agree that your User Content will not: (i) 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 Fog Creek all of the license rights granted herein; (ii) include falsehoods or misrepresentations that could damage Fog Creek or any third party; (iii) 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. Fog Creek does not endorse any User Content or any opinion, recommendation, or advice expressed therein, and Fog Creek expressly disclaims any and all liability in connection with User Content. If notified by a user or a content owner of any User Content that allegedly does not conform to this Agreement, Fog Creek may investigate the allegation and determine in good faith and in its sole discretion whether to remove the User Content from the Services, which it reserves the right to do at any time. Additionally, Fog Creek may, at any time, remove from the Services any User Content that in the sole judgment of Fog Creek violates this Agreement.
Copyright Infringement; DMCA Policy: “We'll remove copyrighted materials of yours; just let us know about it.”
If you believe that any materials available through our Services infringe your copyright, you may request that such materials be removed. This request must bear a signature (or electronic equivalent) of the copyright holder or an authorized representative and must include the following information: (1) identification of the copyrighted work that you believe to be infringed, including a description of the work and, where possible, a copy or the location of an authorized version of the work; (2) identification of the material that you believe to be infringing and its location, including a description of the material, its location on our Services or other pertinent information that will help us to locate the material; (3) your name, address, telephone number and email address; (4) a statement that you have a good faith belief that the complained of use of the materials is not authorized by the copyright owner, its agent or the law; (5) a statement that the information in your claim is accurate; and (6) a statement that "under penalty of perjury," you declare that you are the lawful copyright owner or are authorized to act on the owner's behalf. Our agent for copyright issues relating to our Services is: Copyright Agent, 55 Broadway, 25th Floor, New York, NY 10006, USA or email@example.com. In an effort to protect the rights of copyright owners, we reserve the right to suspend your Account, delete or disable content alleged to be infringing and/or terminate the Account of a repeat infringer.
Suggestions: “We welcome your suggestions; if you give us any suggestion, we have the right to use it.”
We welcome your suggestions for improvements to our Services. If you send us any feedback, ideas or other suggestions (“Suggestions”), you agree that: (1) you hereby grant us a non-exclusive, perpetual, irrevocable, royalty free license to copy, distribute, adapt and use your Suggestion(s); (2) none of your Suggestion(s) contain confidential or proprietary information of any third party; (3) we may use or redistribute Suggestion(s) for any purpose and in any way; (4) there is no obligation for us to review your Suggestion(s); and (5) we have no obligation to keep any Suggestions confidential.
6. Use of Trademarks
“You must get our permission to use our Fog Creek branding and trademarks.”
Any use of Fog Creek's trademarks, branding, logos or any other such assets requires the express written permission of Fog Creek. If you need to use these assets, contact us at firstname.lastname@example.org. Any such use will be subject to compliance with our trademark guidelines.
7. Warranty Disclaimer; Services Available on an “AS-IS” Basis
“We want Glitch to be great for you, but it's not warrantied.”
YOUR ACCESS TO AND USE OF THE SERVICES OR ANY CONTENT IS AT YOUR OWN RISK. THE SERVICES AND ANY ANALYTICS PROVIDED THROUGH THE SERVICES ARE PROVIDED FOR INFORMATION PURPOSES ONLY AND FOG CREEK IS NOT RESPONSIBLE OR LIABLE FOR ANY ACTIONS OR OMISSIONS BASED ON SUCH ANALYTICS. YOU UNDERSTAND AND AGREE THAT THE SERVICES ARE PROVIDED TO YOU ON AN “AS IS” AND “AS AVAILABLE” BASIS. WITHOUT LIMITING THE FOREGOING, TO THE FULL EXTENT PERMITTED BY LAW, FOG CREEK DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT.
Fog Creek makes no representations or warranties 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. Fog Creek 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 Fog Creek or through the Services will create any warranty not expressly made herein.
8. Release From Liability
“We're not liable for certain issues that could arise from using Glitch.”
You release, to the fullest extent permitted by law, Fog Creek, its directors, officers, members, employees, representatives, consultants, agents, suppliers, and/or distributors from responsibility, liability, claims, demands, and/or damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with the following:
- Disputes between or among Users, including without limitation those between you and other Users;
- Third party sites and services, including without limitation content found on such 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 which the creditor does not know or suspect to exist in his or her favor at the time of executing the release, which if known by him or her must have materially affected his or her settlement with the debtor.”
9. Limitation of Liability
“As much as the law allows, Fog Creek and its team isn't liable for certain types of damages. Fog Creek's total liability to you is limited, too.”
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, FOG CREEK, ITS DIRECTORS, OFFICERS, MEMBERS, EMPLOYEES, REPRESENTATIVES, CONSULTANTS, AGENTS, SUPPLIERS, LICENSORS, AND/OR DISTRIBUTORS SHALL NOT BE LIABLE FOR: (A) ANY INCIDENTAL, EXEMPLARY, PUNITIVE, CONSEQUENTIAL OR OTHER INDIRECT DAMAGES OF ANY KIND WHATSOEVER; (B) LOSS OF PROFITS, REVENUE, DATA, USE, GOOD-WILL, OR OTHER INTANGIBLE LOSSES; (C) DAMAGES RELATING TO YOUR INABILITY TO ACCESS OR USE THE SERVICES; (D) DAMAGES RELATING TO ANY CONDUCT OR CONTENT OF ANY THIRD PARTY OR USER USING THE SERVICES, INCLUDING WITHOUT LIMITATION DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OR CONTENT; AND/OR (E) DAMAGES IN ANY MANNER RELATING TO ANY USER CONTENT. THIS LIMITATION APPLIES TO ALL CLAIMS, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, WHETHER OR NOT FOG CREEK HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, AND FURTHER WHERE A REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED ITS ESSENTIAL PURPOSE.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE TOTAL LIABILITY OF FOG CREEK AND ITS DIRECTORS, OFFICERS, MEMBERS, EMPLOYEES, REPRESENTATIVES, CONSULTANTS, AGENTS, SUPPLIERS, LICENSORS AND/OR DISTRIBUTORS, 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.
10. Exclusions to Warranties and Limitation of Liability
“We follow the law of your region in regard to warranties and liabilities.”
Some jurisdictions may not allow the exclusion of certain warranties or the exclusion/limitation of liability as set forth in Section 9, so the limitations above may not apply to you.
11. Legal Compliance; Indemnification
“You won't use Glitch 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. Access to the Services from territories where their contents are illegal is strictly prohibited. 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 agree to indemnify and hold Fog Creek, and its directors, officers, members, employees, representatives, consultants, agents, suppliers, licensors and/or distributors, harmless from and against any demands, suits, actions, claims, losses, damages, liabilities, judgments, settlements, costs or expenses, including without limitation attorneys' fees, arising out of or relating to your use or misuse of the Services, violation of this Agreement or violation of the rights of any other person or entity.
“If you want to cancel this agreement, just close your Account. We can cancel it too.”
Either party may terminate this Agreement at any time by notifying the other party. Fog Creek may also terminate or suspend your access to or ability to use any and all Services immediately, without prior notice or liability, for any reason or no reason, including but not limited to if you breach any of the terms or conditions of this Agreement. Fog Creek may immediately terminate or suspend Accounts that have been flagged for repeat copyright infringement.
Upon termination of your access to or ability to use a Service, including but not limited to suspension of your Account on a Service, your right to use or access that Service and any Content will immediately cease. The following Sections shall survive any termination of these Terms of Service: 4, 5, 6, 7, 8, 9, 10, 11, 12, 13, 14, 15, 16, and 17. Termination of your access to and use of the Services shall not relieve you of any obligations arising or accruing prior to such termination or limit any liability which you otherwise may have to Fog Creek or any third party.
13. Arbitration; Waiver of Class Actions
“We'll arbitrate instead of going to court for many disputes. We'll only resolve disputes on an individual basis.”
Any claim where (a) the total amount of the award sought by either you or Fog Creek is less than $10,000 and (b) that does not involve paten, copyrights, trademarks, trade secrets or moral rights, shall be resolved via binding non-appearance-based arbitration initiated through the American Arbitration Association (“AAA”). The AAA Rules are available online at www.adr.org or by calling the AAA at 1-800-778-7879. In any such arbitration, the parties and AAA must comply with the following rules: (w) the arbitration shall be conducted by telephone, online and/or be solely based on written submissions, and the specific manner shall be chosen by the party initiating the arbitration; (x) the arbitration shall not involve any personal appearance by the parties or witnesses unless otherwise mutually agreed by the parties; (y) the arbitrator may award 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 (z) any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction. Notwithstanding anything in this Agreement, (1) either party may seek remedies in small claims court of competent jurisdiction and (2) either party may seek injunctive or other equitable relief in any court of competent jurisdiction.
You may opt out of the agreement to arbitrate in the first paragraph of this Section 13 (“Agreement to Arbitrate”). If you do so, neither you nor we can require the other to participate in an arbitration proceeding. To opt out, you must notify us in writing within thirty (30) days of the date that you first became subject to this arbitration provision. The opt-out notice must state that you do not agree to the Agreement to Arbitrate and must include your name, address, phone number, your Account to which the opt-out applies and a clear statement that you want to opt out of this Agreement to Arbitrate. You must sign the opt-out notice for it to be effective. This procedure is the only way you can opt out of the Agreement to Arbitrate. You must use this address to opt out:
Fog Creek, Inc.
ATTN: Arbitration Opt-out
55 Broadway, 25th Floor
New York, NY 10006, USA
Notwithstanding any provision in this Agreement to the contrary, you and we agree that if we make any change to the arbitration procedures (other than a change to any notice address or Site link provided herein) in the future, that change 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, 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.
In accordance with Section 12, this Section will survive the termination of your relationship with us.
“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.”
Before resorting to litigation, we strongly encourage you to contact us at email@example.com to seek a resolution. This Agreement shall be governed in all respects by the laws of the State of New York as they apply to agreements entered into and to be performed entirely within New York between New York residents, without regard to conflict of law provisions. You agree that any claim or dispute you may have against Fog Creek that isn't subject to mandatory arbitration under Section 14 must be resolved exclusively by a state or federal court located in New York County, New York, except as otherwise agreed by the parties. 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.
15. Special Provisions for users Located Outside of the United States
“We're in the United States, so we'll follow U.S. law.”
Fog Creek provides global products and services and enables a global community for individuals. Fog Creek's operations are, however, located in the United States, and Fog Creek'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.
“This is the whole agreement between us.”
This Agreement, including as it may be modified from time to time as set forth in Section 2 above, constitutes the entire agreement between you and Fog Creek with respect to the subject matter hereof. This Agreement replaces all prior or contemporaneous understandings or agreements, written or oral, regarding the subject matter hereof and constitutes the entire and exclusive agreement between the parties. 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. This Agreement is not assignable, transferable, or sublicensable by you except with Fog Creek's prior written consent. Fog Creek 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 Fog Creek in any respect whatsoever.
Any notice to Fog Creek that is required or permitted by this Agreement shall be in writing and shall be deemed effective upon receipt, when delivered in person by nationally recognized overnight courier or mailed by first class, registered or certified mail, postage prepaid, to Fog Creek, Inc. 55 Broadway, 25th Floor, New York, NY, 10006, Attn: Legal Department. Fog Creek 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 Fog Creek, Inc., which may be contacted at the mailing address above, by e-mail at firstname.lastname@example.org or by telephone at +1 (212) 279-2335 x7003.
17. Special Notice to California Residents
“The state of California makes us tell you this.”
If you are a California resident, 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.
Last Modified: 2017-03-12
Fog Creek Software, Inc. takes the private nature of your personal information very seriously. We respect your privacy and strive to use your information in ways that you can understand, predict and control.
We'll use a few terms in this policy:
- “Fog Creek”, “we”, “us”, or “our”: Fog Creek Software, Inc.
- “Site”: Glitch.com
- “Services”: Glitch.com, and/or the other domains, products, services, and/or content provided by Fog Creek (and its licensors) as part of Glitch, but not the domains, products, services or content provided by Fog Creek as part of its services other than Glitch.
- “Glitch”: Fog Creek's services related to describing projects and those involved in projects.
Because your privacy is important, we ask that you please read this Policy carefully. We've also included highlighted annotations throughout this policy in quotes; these annotations aren't a part of the policy itself, but are intended to help you follow the text and to emphasize key sections.
“We do not collect personally identifiable information from children.”
The Services are not directed towards, and Fog Creek does not knowingly collect information from, children under the age of thirteen (13). If you are a parent and believe your child under the age of thirteen (13) has created a Services account or otherwise provided personal information to Fog Creek, please contact us at email@example.com.
“This Policy covers information you share with Fog Creek, not third parties.”
3. What Information We Collect and How We Use It
Information Obtained from Third Party Services: “Fog Creek uses your data shared from third-party networks like Twitter and you should understand their policies.”
Information about Your Accounts on Third Party Services: Key parts of the Services require you to link your Account to certain Third Party Services, including without limitation social networking services such as GitHub. In order to do so, you will provide your user ID and authentication on each of those Third Party Services, where we receive a token that allows us to access those accounts. We use this authorization as permission to, for example, retrieve your content or activity on those services.
We do NOT ask for, receive or store your passwords for your Third Party Service accounts.
For your convenience, you can view the GitHub Terms of Service here:
In some cases, when you connect your Account with your accounts on Third Party Services, we may obtain information about you from those Third Party Services. To the extent we obtain such information, we may use the information about you that we receive from Third Party Services to improve and personalize our Services. As a general practice, we strongly urge you to make careful judgments about any personal information you disclose to Internet services, including without limitation Glitch and any Third Party Services, regardless of whether you choose to link your accounts.
User Content: “Your Glitch activity is public by default.”
By default, the information we get from your accounts with Third Party Services and the analysis generated by the Services regarding that information is public, and it is published so that anyone can view it. If you use our Services to edit your profile or content, that edit will become public and our Services will publicly show that you made the edit. You should assume that anything Glitch publishes for you is publicly accessible unless you have explicitly selected otherwise. Content published and shared publicly is accessible to everyone, including without limitation search engines. In addition, information shared publicly may be copied and shared throughout the Internet. While you are free to remove published content from or delete your Account, because of the nature of Internet sharing, copies of that content may exist elsewhere and be retained indefinitely, including without limitation in our systems.
Information About User Content: “Your content might have data embedded in it. We may use that data.”
In some cases, we may collect information about content you provide to the Services. For example, when it's included with images, we may collect information describing your camera and camera settings. This information allows us to improve the Services and provide additional features and functionality.
Information Related to Use of the Services: “We use third party statistics and analytics services. Read their policies.”
We collect information about how people use the Services, including without limitation those with an Account. This information includes general usage information, and may include information such as the number and frequency of our visitors, which pages or features of the Services they have visited, which links on the Services they have clicked on, and the length of those visits. We may also use third party applications and services, such as Google Analytics, to collect and analyze this information. This information enables us and third parties authorized by us to figure out how often individuals use the Services so that we can analyze and improve them. Some of this information may be associated with the IP Address (as defined below) used to access the Services, and some may be associated with your Account, such as the topics you search for and the help pages that you visit. We may also use some of this information in aggregate form, that is, as a statistical measure related to all of our users that would not identify you personally. We use information about your use of the Services to improve and enhance your experience on the Services.
For your convenience, you may view the Google Analytics Terms of Service:
Information Related to Your Web Browser: “Web browsers typically send some data when you visit us; We use that to make Glitch better.”
We automatically receive and record information from your web browser when you interact with the Services, such as your browser type and version, what sort of device you are using, your operating system and version, your language preference, the website or service that referred you to the Services, the date and time of each web request you make, your screen display information, and information from any cookies we have placed on your web browser (as described below). We also sometimes detect whether you are using certain web browser extensions and store that information in a manner associated with your Account. Web browser-related information is used to enhance your experience with the Services (for example, by personalization) and to allow us to improve the Services; it is not, however, used in a manner that would identify you personally.
IP Address Information: “Normally, when you visit Glitch we receive your IP address, which we'll use to improve Glitch.”
When you log into the Services or load a web page from the Services, we will collect and store your Internet Protocol Address (“IP Address”). We generally use IP Address information to fight spam, malware, and identity theft; we also may use it, in the future, to personalize the Services for you. IP Address information is also used by us to generate aggregate, non-identifying, information about use of the Services.
Location Information: “If we receive your location information, we'll use it to provide better Glitch services to you.”
In some cases we collect and store information about where you are located, such as by converting your IP Address into a rough geolocation, or by using location data stored in photos or in social media messages. We may use location information to improve and personalize the Services for you.
We do not currently recognize or respond to browser-initiated Do Not Track signals as there is no industry standard for compliance. We do not track you across the internet, and we do not change or disable the DNT setting in your browser.
Information About Your Contacts: “Glitch may automatically retrieve your friend or follower list from connected services.”
Certain features of the Services allow you to provide us with your contact lists stored on other services. We only use and store that information to provide the Glitch service to you.
Derived Information: “We may deduce information about you from your activity. We only do that to provide Glitch services to you.”
We analyze your actions on the Services in order to derive or infer characteristics that may be descriptive of you. These characteristics are used to improve and personalize the Services.
Email Tracking: “We may sometimes put a tracking link in emails to know if you opened an email or clicked on a link in it.”
We may place information in our emails to you (such as a web beacon) that allows us to measure our email deliverability, and we may track which links in an email are followed. We may also use third-party email services to deliver messages and you should review the policies of these services which govern these messages as well.
“You may see more advertising for Glitch when you browse the web.”
5. With Whom Your Information Is Shared
“We don't share your personal information without telling you.”
Information Shared with the Public Through the Services: “Your Glitch contributions are public by default.”
As noted above, by default, content published through the Services is shared with the public, and this is an important feature of the Services. Such information includes, but isn't limited to, anything you choose to post on or submit to a connected service and anything apparent in posted content. Because this kind of information can be seen by anyone and may be indexed by search engines (like Google), you should be careful in what you choose to disclose publicly and make sure it is information you want to share with everyone.
Information Shared Between the Services: “We might combine your use of different networks together to improve Glitch.”
We may, if possible, aggregate information about your use of multiple Services and use that consolidated information to improve how the Services operate, and to develop new Services.
Information Shared with Our Agents in Order to Operate and Improve the Services: “If we hire a contractor or consultant, they'll follow the same policy here.”
In some cases, we share information that we store (such as IP Addresses) with third parties, such as our service providers, consultants and other agents (“Agents”), for the purposes of operating and improving the Services. For example, we may share information with service providers in order to fight spam, and third-party consultants may have access to information in the process of improving our processes and technology. Agents with whom we share such information for these reasons are generally bound by confidentiality obligations and, unless we tell you differently, our Agents do not have any right to use information we share with them beyond the scope and duration of what is necessary to assist us. You hereby consent to our sharing of your information with our Agents.
Information Shared with Third Parties: “If we share information with business partners, it would be aggregate information.”
We may share or disclose non-private information, information that is aggregated with information relating to other Service user that does not personally identify you, or other non-personally identifiable Information with people and entities that we do business with.
Information Disclosed Pursuant to Business Transfers: “If we sell Glitch or its assets, your information would come along in the sale.”
In some cases, we may choose to buy or sell business assets. In these transactions, user information is typically one of the transferred business assets. Moreover, if we, or substantially all of our assets, were acquired, or if we go out of business or enter bankruptcy, user information would be one of the assets that is transferred or acquired by a third party. You acknowledge that such transfers may occur, and that any acquirer of us or our assets may continue to use your personal information as set forth in this policy.
Information Disclosed for Our Protection and the Protection of Others: “We will disclose information if needed to obey the law or to protect people.”
Information We Share with Your Consent or at Your Request: “If you want to share your data, we'll accommodate you.”
If you ask us to release information that we have about your Account, we will do so if reasonable and not unduly burdensome.
6. The Security of Your Information
“We're keeping your data reasonably safe.”
Your Account information is protected by a password or by connection to a Third-Party Service for your privacy and security. You need to prevent unauthorized access to your Account and personal information by selecting and protecting your password appropriately and limiting access to your computer and browser by signing off after you have finished accessing your Account on the Services.
We use reasonable measures to protect your information (including your Account information) to ensure that it is kept private; however, we can't guarantee the security of any information. Unauthorized entry or use, hardware or software failure, and other factors, may compromise the security of user information at any time.
7. What Information You Can Access
“You can see your account information in your Settings page.”
If you are a registered user, you can access and delete most information associated with your Account by logging into the Services and deleting projects or content. Registered and unregistered users can access and delete cookies through their web browser settings.
Your California Privacy Rights: Under California Civil Code sections 1798.83-1798.84, California residents are entitled to ask us for a notice identifying the categories of personal customer information that we share with our affiliates and/or third parties for marketing purposes, and providing contact information for such affiliates and/or third parties. If you are a California resident and would like a copy of this notice, please submit a written request to the following address: 55 Broadway, 25th Floor, New York, NY 10006.
8. How to Delete Your Account and What Happens When You Delete Your Account
“You can email us to close your account, and we'll delete your account. Some information may persist for a while after your account is deleted.”
If you want to delete your Account, you can do so from your Membership page or by emailing us at firstname.lastname@example.org and providing proof of authority over the Account. What constitutes “proof of authority” will vary depending on the circumstances, but generally will require sufficient identifying information so that we can be confident you are the Account owner. Deleting your Account does not remove the content you have published from our systems and we may continue to use the content in accordance with our Terms of Service. In addition, given the nature of sharing on the Services, the public activity on your Account prior to deletion may remain stored on our servers and accessible to the public. Even after you delete your Account, there may be records of any contributions you have made to projects created by others.
Where to Direct Questions or Concerns
“Seriously: If you have any questions or concerns about this policy, email us.”
If you have any questions or concerns regarding privacy using the Services, please send us a detailed message to email@example.com.