Glue - Terms of Service

Last Updated: March 31, 2023

Terms of Service

THIS TERMS OF SERVICE (“AGREEMENT” OR “TERMS”) IS A LEGAL AGREEMENT BETWEEN YOU (“YOU”, “YOUR”) AND MYSTERIES INC. DBA GLUE (“GLUE”, “WE”, OR “US”). THE FOLLOWING TERMS AND CONDITIONS GOVERN YOUR ACCESS TO AND USE OF SITE, INCLUDING ANY CONTENT, FUNCTIONALITY, AND SERVICES OFFERED ON OR THROUGH SITE WHETHER AS A GUEST OR A REGISTERED USER. BY USING THE GLUE PLATFORM, PURCHASING A SUBSCRIPTION, OR PARTICIPATING IN GLUE EXPERIENCES, YOU REPRESENT AND WARRANT THAT YOU HAVE THE RIGHT, AUTHORITY, AND CAPACITY TO ENTER INTO THIS AGREEMENT AND TO ABIDE BY ALL OF THE TERMS AND CONDITIONS OF THIS AGREEMENT. IF YOU ARE AGREEING TO THESE TERMS ON BEHALF OF AN ORGANIZATION OR ENTITY, YOU REPRESENT AND WARRANT THAT YOU ARE AUTHORIZED TO AGREE TO THESE TERMS ON THAT ORGANIZATION’S OR ENTITY’S BEHALF AND BIND THEM TO THESE TERMS (IN WHICH CASE, THE REFERENCES TO “YOU” AND “YOUR” IN THESE TERMS, EXCEPT FOR IN THIS SENTENCE, REFER TO THAT ORGANIZATION OR ENTITY).

PLEASE READ THE TERMS CAREFULLY BEFORE YOU START TO USE THE SITE. BY CLICKING “ACCEPT,” SIGNING AN ORDER FORM INTO WHICH THESE TERMS ARE INCORPORATED BY REFERENCE, OR ACCESSING USING THE GLUE WEBSITE, CURRENTLY LOCATED AT GLUE.CO AND TEAMS.TRYMYSTERY.COM AND TEAMS.GLUE.CO (“THE SITE”), OR ANY OTHER SERVICES OFFERED OR OPERATED BY GLUE, OR BOOKING OR PARTICIPATING IN ANY GLUE EXPERIENCE (DEFINED BELOW) (COLLECTIVELY, THE “GLUE PLATFORM” OR THE “SERVICES”), YOU ACCEPT AND AGREE TO BE BOUND AND ABIDE BY THESE TERMS. YOU CANNOT USE THE SITE OR SERVICES IF YOU DO NOT ACCEPT THESE TERMS. IF YOU DO NOT WANT TO AGREE TO THESE TERMS, YOU MUST NOT CLICK ACCEPT OR ACCESS OR USE THE SITE.

NOTE: THESE TERMS CONTAIN AN AUTOMATIC RENEWAL FOR SUBSCRIPTIONS AND A DISPUTE RESOLUTION AND ARBITRATION PROVISION, INCLUDING A CLASS ACTION WAIVER THAT AFFECTS YOUR RIGHTS UNDER THESE TERMS AND WITH RESPECT TO DISPUTES YOU MAY HAVE WITH GLUE.

Changes to Terms. Glue reserves the right to modify these Terms (effective on a prospective basis) at any time in accordance with this provision. If we make changes to these Terms, we will post the revised Terms on the Glue Platform and the Site and update the “Last Updated” date at the top of these Terms. If we make material changes to these Terms, we will notify you here, or if you have created an account with Glue, by emailing you at the address we have for you in our records. If you object to any such modifications, your sole recourse shall be to cease using the Glue Platform and, if you have a subscription with Glue, canceling that subscription within 30 days of your receipt of our notice of changes. Continued access to or use of the Glue Platform following notice of modification of these Terms will constitute acceptance of the revised Terms.

Additional Terms. Special terms or rules may apply to some Services. Any such terms are in addition to these Terms. In the event of any conflict or inconsistency between these Terms, our Privacy Notice, and any rules, restrictions, limitations, terms and/or conditions that may be communicated to users of the Services, Glue shall determine which rules, restrictions, limitations, terms and/or conditions shall control and prevail, in our sole discretion, and you specifically waive any right to challenge or dispute such determination.

Our Mission. Our mission is to make people as happy as they can possibly be at work. To us, this looks like disrupting the decades old status quo and focusing on what actually makes people happy at work: Connection. Connection to peers, connection to leadership, and connection to a common purpose. We make this possible by linking valuable insights to actionable solutions all available in an easy-to-use online platform.
Scope of the Services. The Glue Platform and its incorporated technology provide data-driven insights into employee engagement and employee morale and offer various tools to increase employee engagement and morale, including virtual events (each an “Experience” or “Glue Experience”). Glue also offers professional services to help you utilize the Glue Platform and customize/optimize your Glue Experiences. In order to bring you the best Glue Experiences, Glue works with both internal hosts and third-party partners (“Third-Party Service Providers” or “Partners”) to provide you with the Services.
Third-Party Service Providers. Certain Experiences made available through the Glue Platform are designed and provided by Third Party Service Providers. The content and delivery of such Experiences are outside of Glue’s control. Third-Party Service Providers are responsible for ensuring the quality of such Experiences and Glue shall be held responsible or liable for the action of Third-Party Service Providers during any such Glue Experiences. However, Glue encourages users to communicate any issues or concerns regarding Third-Party Service Providers so that Glue can ensure appropriate remedial measures for any low-quality Third-Party Service Provider.
Subscription Terms

Platform Access. Access to the Glue Platform is made available when a subscription is purchased through a written order form or purchase order (“Order”), subject to compliance with these terms and payment of any applicable fees. If your Order includes the purchase of a certain number of licenses or user accounts (in either case “User Accounts”) for your organization, you will be granted the right to use the Platform for the designated number of User Accounts specified in your Order, each of which shall receive a non-exclusive, non-sublicensable, non-transferable right to use the Platform, solely for your internal business purposes, during the Term of your Subscription. You may assign any purchased User Account to one individual within your organization, and each User Account can only be associated with a single individual. If at any point your organization has more User Accounts than purchased in your Order, Glue may charge you for such additional User Accounts via an invoice, on a pro-rated basis, as set forth in sections 5(b) and 5(e) of these Terms.
Subscription Fees. Fees for subscription contract, engagement plan, or other recurring contract (“Plan”) with Glue is determined by the applicable Order. If you add to your organization’s account or choose to purchase additional User Accounts, credits, or other features during the Term of your Order, such purchase is subject to additional fees (“Additional Fees”) and you agree that Glue may invoice you for such Additional Fees, per the terms of section 5(e) of these Terms.
Fees for Subscription Experiences. Fees for Subscription Experiences are determined based on the credits or seats, and any applicable additional fees, required to book each Subscription Experience. If your Plan has sufficient seats or credits to book a Subscription Experience, booking the Subscription Experience will result in that number of seats or credits being deducted from the your account. You will be charged for the number of credits or seats required to pay for the number of participants who register for or attend the Glue Experience (whichever is higher) and such credits or seats will be deducted from your Plan. If your Plan does not include sufficient seats or credits to cover all registrants, Glue will invoice you for the additional seats or credits at an additional fee. Glue will charge you for any additional unregistered participants who attend the Experience. Seats and credits will expire at the end of the term of the Order. Additionally, there may be additional fees communicated ahead of time or listed on the booking page for enhanced events, delivered goods, premium events, or VIP Host events if those events are not covered by the Plan that applies to the your account. If there are additional fees required for any Subscription Experience, you agree to pay all additional fees, plus any applicable taxes.
Taxes. The fees do not include any taxes, levies, duties or similar governmental assessments of any nature, including, for example, value-added, sales, use or withholding taxes, assessable by any jurisdiction whatsoever (collectively, “Taxes”). you are responsible for paying all Taxes associated with its purchases under this Agreement and any Order or Experience. If Glue has the legal obligation to pay or collect Taxes for which you are responsible, including for fees previously invoiced, Glue will invoice you and you will pay that amount (unless you provide Glue with a valid tax exemption certificate authorized by the appropriate taxing authority). Glue is solely responsible for taxes assessable against Glue based on its income, property and employees.
Payment. You agree to pay all fees, plus any applicable taxes, applicable to your use of the Glue Platform. Glue will invoice you for the fees applicable to any Order, Additional Fees, and fees for any Subscription Experience. Additional Fees associated with additional User Accounts shall be pro-rated based on the month the additional User Account was created through the end of the Term. You agree to make payment of all undisputed fees in full by the payment due date, or if there is no date on the invoice within 15 days after delivery. You agree to notify Glue within 7 days if there are any disputed amounts. The Parties will endeavor in good faith to resolve any dispute within 15 days of the date of notice of such dispute. All undisputed amounts past due will be charged a fee of 1.5% of the outstanding balance per month, or the highest amount allowed by law, whichever is lower.
Credit Card Payments. At the time of paying the fees, you will be required to provide payment method information (e.g., credit card information or other payment method that Glue accepts or may in the future accept). You authorize us and/or our third-party payment processor to charge your chosen payment method for those fees without further consent or notice. You authorize us, or a third-party working on our behalf, to collect and store that payment method, along with other related transaction information. The terms of your payment will be based on your payment method and may be determined by agreements between you and the financial institution, credit card issuer, or other provider of your chosen method of payment (your “Payment Provider”). If your purchase results in an overdraft or other fee from your banking institution, you are responsible for paying that fee. If we do not receive payment from your Payment Provider, you agree to pay all fees due in connection with your Transactional Experience upon demand. In the event we are advised of insufficient funds in your account or credit to cover your payment by credit card, we may re-submit the payment to your Payment Provider. You agree to immediately notify Glue of any change in your payment method information used for payment hereunder.

Term and Termination.

Term. The term of any Order commences on the Effective Date Set forth therein and, unless earlier terminated as set forth below, will remain in effect for the term set forth in the Order (“Initial Term”). If no Effective Date is defined in the Order the term of such Order shall commence on the date of signature of the Order and the Initial Term shall be one year. THE ORDER SHALL AUTOMATICALLY RENEW FOLLOWING THE INITIAL TERM FOR A SUBSEQUENT TERM OF EQUAL LENGTH (EACH A “RENEWAL TERM”) UNLESS WRITTEN NOTICE IS PROVIDED BY EITHER PARTY AT LEAST 15 DAYS PRIOR TO THE EXPIRATION OF THE THEN CURRENT TERM. The Initial Term together with any Renewal Term permitted under this Section is the “Term” of this Agreement. All unused seats or credits may roll over to future terms if the Plan is renewed for an equal or greater period, otherwise unused seats or credits expire at the end of the Term.
Renewal Term. The terms of the Renewal Term will be the same as the Initial Term, unless otherwise agreed to by the Parties in writing; provided that unless otherwise agreed to by the parties or as set forth on an Order, Glue reserves the right to increase the applicable fees for any renewal periods by up to 7% of fees applicable to the preceding Term.
Termination. Either party may terminate this Agreement at any time if the other party materially breaches this Agreement and fails to cure such material breach within 30 days after it receives written notice of such breach. For the sake of example, you will materially breach this agreement by using the Services for non-personal use, engaging in prohibited activities, and any breach of your representations and warranties, or if you file for bankruptcy, become insolvent, or make an assignment for the benefit of creditors, among other events that constitute a material breach (such list is non-exhaustive and illustrative only).
Post Termination Obligations. Upon expiration or termination of this Agreement for any reason, Glue will promptly terminate the Services. Glue will have no obligation to maintain or provide any Customer Content and may thereafter, unless legally prohibited, delete all Customer Content in its systems or otherwise in its possession or under its control. All other rights and obligations will be of no further force or effect. Termination will not relieve either party from any liability arising from any breach of this Agreement. Neither party will be liable to the other for damages of any kind solely as a result of terminating this Agreement in accordance with its terms. Furthermore, termination of this Agreement by a party will be without prejudice to any other right or remedy of a party under this Agreement or applicable law.

Experience Cancellations and Reschedulings. Cancellations and reschedulings of standard Glue Experiences are governed by Glue’s event cancellation policy (“Cancellation Policy”) located on the Site at: https:/glue.co/event-cancellation-policy (https://about.trymystery.com/legal/event-cancellation-policy). If you cancel or reschedule your Glue Experience, you may be charged a cancellation fee and you may receive a partial refund of any amount already paid, depending on the terms set forth in the Cancellation Policy. Certain Glue Experiences may have unique cancellation and reschedule policies, which will be noted on the description of the event or otherwise communicated at the time of booking. To check the reschedule and cancellation policy that applies to your Glue Experience, email support@glue.co
Confidential Information.

Each party (the “Receiving Party”) hereby understands and acknowledges that the other party (the “Disclosing Party”) has disclosed or may disclose business, technical or financial information relating to the Disclosing Party’s business (hereinafter referred to as “Confidential Information” of the Disclosing Party). Confidential Information of Glue shall include any and all non-public information regarding features, functionality and performance of the Glue Platform. The Receiving Party agrees: (i) to take reasonable precautions to protect such Confidential Information, and (ii) not to use (except in performance of the Services or as otherwise permitted herein) or divulge to any third person any such Confidential Information. The Disclosing Party agrees that the foregoing shall not apply with respect to any information after five (5) years following the termination of this Agreement or any information that the Receiving Party can document (a) is or becomes generally available to the public; (b) was in its possession or known by it, prior to receipt from the Disclosing Party; (c ) was rightfully disclosed to it without restriction by a third party; or (d) was independently developed without use of any Confidential Information of the Disclosing Party. Nothing in this Agreement shall prevent the Receiving Party from disclosing Confidential Information to the extent the Receiving Party is legally compelled to do so by any governmental investigative or judicial agency pursuant to proceedings over which such agency has jurisdiction; provided, however, that prior to any such disclosure, the Receiving Party shall (x) assert the confidential nature of the Confidential Information to the agency; (y) immediately notify the Disclosing Party in writing of the agency’s order or request to disclose; and (z) cooperate fully with the Disclosing Party in protecting against any such disclosure and in obtaining a protective order narrowing the scope of the compelled disclosure and protecting its confidentiality.
Injunctive Relief. The Parties agree that any unauthorized disclosure of Confidential Information may cause immediate and irreparable injury to the Disclosing Party and that, in the event of such breach, the Receiving Party will be entitled, in addition to any other available remedies, to seek immediate injunctive and other equitable relief, without bond and without the necessity of showing actual monetary damages.

Additional Account Integrations. You may have the option to integrate third-party services and data sources with your Account, such as, but not limited to, HRIS systems, calendar applications, instant messaging applications, and video call applications (“Third-Party Integrations”). If you choose to add any Third-Party Integrations to your Account, you represent, warrant and covenant that (i) you have the unrestricted right to grant Glue access to your account and, where applicable your user’s accounts, with that third-party service account for purposes of providing Services under these Terms, (ii) to the extent data accessed by Glue from such Third-Party Integrations includes personal information, you have obtained all necessary consents and have complied with all applicable laws, rules, regulations and orders, including without limitation, all data privacy laws, in collecting, processing, using and transferring such personal information to Glue for purposes of providing Services under these Terms and (ii) Glue may use data from that third-party service in connection with the Glue Platform and Glue Services. You will indemnify, defend and hold harmless Glue, its directors, officers, employees, agents, successors and assigns from any claims, actions, suits, liabilities, losses, damages, costs and expenses (including reasonable attorneys’ fees) arising out of or related to (i) your breach of this Section, (ii) the provision of Third-Party Integration data to Glue or (iii) the storage, processing or display of such data by the Services.
Accounts and Security. In order to access and use certain Services, you will be asked to register and create a user account (an “Account”). As part of the Account creation process, you will create login credentials by providing an email address, and answering all inquiries marked “required” (collectively, the “Registration Data”). You agree: (i) that the Registration Data you provide will be true, accurate, current and complete at the time you provide it; (ii) to maintain and update such Registration Data to keep it true, accurate, current and complete; and (iii) that Glue may contact you and require you to confirm some or all of your Registration Data before you are able to use, or continue using, the Services. We reserve the right to terminate the limited licenses granted to you and to refuse to provide you with any and all current or future use of the Services if, in our sole discretion, we determine or are of the opinion that any of your Registration Data is, or appears to be, untrue, inaccurate, not current or incomplete. You are responsible for maintaining the confidentiality of your Account credentials, and for all activities, charges and/or liabilities that occur from your Account, whether or not authorized by you. You agree that you will not share your login credentials, or transfer, sub-license, sell or assign your rights in your Account to any other person or entity. You must immediately notify Glue of any unauthorized use of your Account, login credentials, or any other breach of security of which you become aware by emailing us at support@glue.co. We will not be liable for any loss or damage arising from your failure to comply with this section.
Communication. You agree that Glue may contact you by any email address provided by you or on your behalf in connection with your Account and the Services.
Privacy Policy. Glue maintains a Privacy Policy describing the collection, retention, and use of information related to your use of the Services. You can find the Privacy Policy, which is incorporated by reference into this Agreement, at https://glue.co/privacy (https://trymystery.com/privacy). By using this Site, you consent to all actions taken by us with respect to your information in compliance with the Privacy Policy.
Use of the Services

Event Attendee Behavior. It is Glue’s goal to foster a congenial, enjoyable, and safe environment for users and Partners. Behavior that grossly offends or jeopardizes the safety of users or Partners will not be tolerated. Glue and/or its Partners reserve the right to remove from Glue Experiences any users who in Glue or the Partner’s discretion are acting in a disruptive or offensive manner or conducting themselves in a manner that could harm themselves or others. Partners are required to report offending incidents to Glue and Glue may take further action to address any offending incident.
Limited License. Subject to your compliance with these Terms, Glue grants you a limited, non-exclusive, non-sublicensable, revocable, non-transferable license to access and use the Glue Platform solely for your business purposes. No licenses or rights are granted to you by implication or otherwise under any intellectual property rights owned or controlled by Glue or its licensors, except for licenses and rights expressly granted in these Terms. Glue may revoke or terminate the license granted above in its sole discretion at any time. Without limiting the generality of the foregoing, we may revoke or terminate the license if you: (i) breach any obligation in this Agreement or in any other agreement between you and us; (ii) violate any policy or guideline applicable to the Services; or (iii) use the Services other than as specifically authorized in this Agreement, without our prior written permission.
General Restrictions

You are solely responsible for compliance with any and all laws, rules, and regulations that may apply to your and your users’ use of the Services and your participation in Glue Experiences. In connection with your use of the Glue Platform, you will not and will not assist or enable others to:

breach or circumvent any applicable laws or regulations, agreements with third parties, third-party rights, or our Terms, policies and standards;
use the Services for any commercial or other purposes that are not expressly permitted by these Terms or in a manner that falsely implies Glue’s endorsement, partnership or otherwise misleads others as to your affiliation with Glue;
license, sell, transfer, assign, distribute, host, or otherwise commercially exploit the Glue Platform;
except as explicitly stated herein, copy, reproduce, distribute, republish, download, display, post or transmit the Glue Platform, in whole or in part, in any form or by any means;
use, display, mirror or frame the Glue Platform or any individual element within the Glue Platform, the Glue name, any Glue’s trademark, logo or other proprietary information, or the layout and design of any page or form contained on a page in the Glue Platform, without Glue’s express written consent;
use any robots, spider, crawler, scraper or other automated means or processes to access, collect data or other content from or otherwise interact with the Glue Platform for any purpose;
avoid, bypass, remove, deactivate, impair, descramble, or otherwise attempt to circumvent any technological measure implemented by Glue or any of Glue’s providers to protect the Glue Platform;
modify, make derivative works of, attempt to decipher, decompile, disassemble or reverse engineer any of the software used to provide the Glue Platform;
take any action that damages or adversely affects, or could damage or adversely affect the performance or proper functioning of the Glue Platform; or
violate or infringe anyone else’s rights or otherwise cause harm to anyone.

You acknowledge and agree (i) that you are responsible for selecting appropriate remediation for, and resolving, any issues found on your network, hardware, software, or third party services relied on by you or your users to access and use the Glue Platform collectively, “User Items”); and (ii) that Glue is not liable for, or responsible to, remediate any issues found regarding User Items. You agree: (a) to abide by all local, state, national, and international laws and regulations applicable to your and your users’ use of the Glue Platform; (b) not to send or store data on or to the Glue Platform which violates the rights of any individual or entity established in any jurisdiction; (c) not to upload in any way any information or content that contain viruses, worms, Trojan Horses, corrupted files, or any other similar software or programs, harmful code or data that may damage the operation of the Glue Platform or another's computer or mobile device; (d) not to interfere or disrupt networks connected to the Glue Platform or interfere with other ability to access or use the Glue Platform; (e) not to distribute, promote or transmit through the Glue Platform any unlawful, harmful, defamatory, obscene, pornographic or otherwise objectionable material of any kind or nature; (f) not to transmit or post any material that encourages conduct that could constitute a criminal offense or give rise to civil liability; and (g) to comply with all regulations, policies and procedures of networks connected to the Glue Platform and Glue’s service providers.

Access to Data and User License.

In addition to the Registration Data, in order to use the Glue Platform and/or purchase and participate in Glue Experiences, you may be required or have the option to provide additional information about you, and attendees that will accompany you, such as event preferences, interests, connection data, delivery address if purchasing a Glue Experience with shipped goods, and any physical, medical, dietary or other limitations or restrictions that may limit or prevent you or your guests from safely participating in certain activities (collectively, “Attendee Information”). You represent and warrant that all Attendee Information you provide will be accurate, current and complete at the time you provide it. If any Attendee Information you provide is later determined to be inaccurate, incomplete or false, or is later changed, you will promptly notify Glue of all such changes. You are solely responsible for, and assume all liability regarding, the Attendee Information you provide to Glue.
To enable Glue to use your Guest Information, Registration Data, Third-Party Integrations, and any other information you provide to Glue through use of the Services (“User Data”) for the purposes described in the Privacy Notice and to provide the Services to you, you grant to Glue a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, transferable, sub-licensable, right and license to exercise the copyright, publicity, database and other rights you may have in your User Data, and to use, copy, perform, display and distribute such information, to prepare derivative works or incorporation into other works such information, in any media now known or not currently known. Glue does not assert any ownership over your Guest Information or Registration Data; rather, as between you and Glue, subject to the rights granted to us in this Agreement, you retain full ownership of all of your information and any intellectual property rights or other proprietary rights associated with your information.

User Content

Glue may, at its sole discretion, enable users to create, upload, post, send, receive and store content, such as text, photos, audio, video or other materials and information on or through the Glue Platform and all other information that is transmitted to, received by, or processed by the Glue Platform (collectively, “User Content”). By creating, uploading, posting, sending, receiving, storing, or otherwise making available any User Content on or through the Glue Platform, you grant to Glue a non-exclusive, worldwide, royalty-free, irrevocable, perpetual, sub-licensable and transferable license to such User Content to access, use, store, copy, modify, prepare derivative works of, distribute, publish, transmit, stream, broadcast, and otherwise exploit in any manner such User Content to provide and/or promote the Glue Platform in any media or platform.
You are solely responsible for all User Content that you make available on or through the Services. Accordingly, you represent and warrant that: (i) you either are the sole and exclusive owner of all User Content that you make available on or through the Services or you have all rights, licenses, consents, and releases that are necessary to grant to Glue the rights in and to such User Content as contemplated under these Terms; and (ii) neither the User Content nor your posting, uploading, publication, submission or transmittal of the User Content or Glue’s use of the User Content (or any portion thereof) as contemplated under these Terms will infringe, misappropriate or violate a third party’s patent, copyright, trademark, trade secret, moral rights or other proprietary or intellectual property rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation.
You acknowledge and agree that Glue neither endorses the contents of any user communications or User Content, nor does Glue assume any responsibility for any offensive material contained therein, any infringement of third party intellectual property rights arising therefrom or any crime facilitated thereby. Glue may remove any violating content posted or stored using the Glue Platform or transmitted through the Glue Platform, without notice to you. Notwithstanding the foregoing, Glue does not and is not obligated to verify, authenticate, monitor or edit the User Content or any other information or data input into or stored in the Glue Platform for appropriateness, completeness, integrity, quality, accuracy or otherwise. You shall be responsible and liable for the appropriateness, completeness, integrity, quality and accuracy of User Content input into the Glue Platform. Glue does not guarantee or make any promises regarding the accuracy or completeness of the User Content, or any such other data or information.

Intellectual Property.

The Services, and all content published on or accessible through the Services, including without limitation, content made available by Glue and any content licensed or authorized for use by third parties (collectively, the “Glue Content”), may, in their entirety or in part, be protected by copyright, trademark and/or other laws of the United States and other countries. You acknowledge and agree that the Services and the Glue Content, including all associated intellectual property rights, are the exclusive property of Glue and/or its licensors or authorizing third parties. You will not remove, alter or obscure any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying the Services or the Glue Content. All trademarks, service marks, logos, trade names, trade dress and any other source identifiers of Glue used on or in connection with the Services and the Glue Content (collectively, the “Marks”) are trademarks or registered trademarks of Glue in the United States and abroad. Trademarks, service marks, logos, trade names and any other proprietary designations of third parties used on or in connection with the Services or the Glue Content are used for identification purposes only and may be the property of their respective owners. Use of any third-party trademark is intended only to identify the trademark owner and its goods and services, and is not intended to imply any association between the trademark owner and Glue.
Feedback. Any submissions by you to us (e.g., comments, questions, suggestions, materials – collectively, “Feedback”) through any means of communication whatsoever (e.g., survey response, call, fax, email, etc.) will be treated as both non-confidential and non-proprietary. You hereby assign all right, title, and interest in, and we are free to use, without any attribution or compensation to you, any ideas, know-how, concepts, techniques, or other intellectual property and proprietary rights contained in the Feedback, whether or not patentable, for any purpose whatsoever, including but not limited to, developing, manufacturing, having manufactured, licensing, marketing, and selling, directly or indirectly, products and services using such Feedback. Where the foregoing assignment is prohibited by law, you hereby grant us an exclusive, transferable, worldwide, royalty-free, fully paid up license (including the right to sublicense) to use and exploit all Feedback as we may determine in our sole discretion. You understand and agree, however, that we are not obligated to use, display, reproduce, or distribute any such ideas, know-how, concepts, or techniques contained in the Feedback, and you have no right to compel such use, display, reproduction, or distribution.

Third-Party Websites and Resources. Glue may, as a convenience to you, make links to third-party websites or resources available on or through the Services. Glue is not responsible in any way for, and does not make any representation, warranty, guarantee or endorsement regarding, any third-party websites and resources which may be accessed through the Services. In addition, Glue does not endorse or adopt, and is not directly or indirectly responsible or liable for: (i) any content, advertising, goods or services, or other materials available on or from such third-party websites or resources; or (ii) any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, advertising, goods, services or other materials on or available from such third-party websites or resources. You acknowledge your sole responsibility for and assume all risk arising from your use of any third-party websites or resources.
Assumption of Risk. You acknowledge and agree that Glue Experiences may carry inherent risk and by participating in Glue Experiences, you choose to assume those risks voluntarily. For example, some Glue Experiences may carry the risk of illness, bodily injury, disability, or death, and you freely and willfully assume those risks by choosing to participate in Glue Experiences. You assume full responsibility for the choices you make before, during and after your participation in Glue Experiences. TO THE FULLEST EXTENT PERMITTED UNDER APPLICABLE LAW, YOU KNOWINGLY, VOLUNTARILY AND FREELY ASSUME ALL RISKS, BOTH KNOWN AND UNKNOWN, OF PARTICIPATING IN EACH GLUE EXPERIENCE, INCLUDING EACH ACTIVITY IN YOUR GLUE EXPERIENCE, EVEN IF THOSE RISKS ARISE FROM THE NEGLIGENCE OR CARELESSNESS OF GLUE, THIRD-PARTY SERVICE PROVIDERS OR OTHERS, OR DEFECTS IN THE EQUIPMENT, PREMISES, OR FACILITIES USED DURING THE GLUE EXPERIENCE, OR OTHERWISE, AND YOU ASSUME FULL RESPONSIBILITY FOR PARTICIPATION IN THE GLUE EXPERIENCE. IF YOU ARE A CALIFORNIA RESIDENT, YOU AGREE TO WAIVE CALIFORNIA CIVIL CODE §1542, WHICH SAYS: "A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS THAT THE CREDITOR OR RELEASING PARTY DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE AND THAT, IF KNOWN BY HIM OR HER, WOULD HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR OR RELEASED PARTY." If you book a Glue Experience on behalf of other guests, you will ensure, and you represent and warrant, that each guest on whose behalf you book has read and agreed to this assumption of risk, release and waiver, which shall apply to each of them as if the reference to “you” was a reference to her/him.
Disclaimers

No Warranties. TO THE FULLEST EXTENT PERMITTED UNDER APPLICABLE LAW, GLUE PROVIDES THE SERVICES AND THE GLUE EXPERIENCES ON AN “AS IS” AND “AS AVAILABLE” AND “WITH ALL FAULTS” BASIS, WITHOUT WARRANTY OF ANY KIND. TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, GLUE AND ITS AFFILIATES AND LICENSORS DISCLAIM ALL WARRANTIES AND CONDITIONS OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, WARRANTIES OF TITLE, IMPLIED WARRANTIES OF NON-INFRINGEMENT, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE (EVEN IF GLUE IS ADVISED OF SUCH PURPOSE), AND IMPLIED WARRANTIES ARISING FROM A PARTICULAR COURSE OF DEALING OR USAGE OF TRADE. WITHOUT LIMITING THE FOREGOING, NEITHER GLUE NOR ANY OF ITS AFFILIATES OR LICENSORS, NOR ANY OF THEIR OFFICERS, DIRECTORS, LICENSORS, EMPLOYEES OR REPRESENTATIVES REPRESENT OR WARRANT (I) THAT THE SERVICES WILL MEET YOUR REQUIREMENTS OR BE ACCURATE, TRUTHFUL, COMPLETE, RELIABLE, OR ERROR FREE, (II) THAT THE SERVICES WILL ALWAYS BE AVAILABLE OR WILL BE UNINTERRUPTED, ACCESSIBLE, TIMELY, RESPONSIVE, OR SECURE, (III) THAT ANY ERRORS OR DEFECTS WILL BE CORRECTED, OR THAT THE SERVICES WILL BE FREE FROM VIRUSES, WORMS, TROJAN HORSES OR OTHER HARMFUL PROPERTIES, (IV) THE ACCURACY, RELIABILITY, TIMELINESS OR COMPLETENESS OF ANY CONTENT AVAILABLE ON OR THROUGH THE SERVICES, (V) ANY IMPLIED WARRANTY ARISING FROM COURSE OF DEALING OR USAGE OF TRADE, OR (VI) THAT THE GLUE CONTENT IS NON-INFRINGING. NO INFORMATION OR ADVICE PROVIDED THROUGH THE SERVICES, BY GLUE, OR BY GLUE’S EMPLOYEES OR AGENTS SHALL CREATE ANY WARRANTY. Some jurisdictions do not allow the exclusion of certain warranties, so some of the above limitations and exclusions may not apply to you.
Limitations of Liability. TO THE FULLEST EXTENT PERMITTED BY LAW, NEITHER GLUE NOR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, OR DELIVERING THE SERVICES OR THE GLUE EXPERIENCES WILL BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, EXEMPLARY OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS, LOSS OF DATA OR LOSS OF GOODWILL, SERVICE INTERRUPTION, COMPUTER DAMAGE OR SYSTEM FAILURE OR THE COST OF SUBSTITUTE PRODUCTS OR SERVICES, OR FOR ANY DAMAGES FOR PERSONAL OR BODILY INJURY OR EMOTIONAL DISTRESS ARISING OUT OF OR IN CONNECTION WITH (I) THESE TERMS, (II) THE USE OF THE SERVICES, INCLUDING BUT NOT LIMITED TO ANY DAMAGE CAUSED BY ANY RELIANCE ON, OR ANY DELAYS, INACCURACIES, ERRORS OR OMISSIONS IN, THE SERVICES, WHETHER PROVIDED BY GLUE OR BY THIRD PARTIES, (III) THE USE OF OR INABILITY TO USE THE SERVICES FOR ANY REASON, (IV) YOUR COMMUNICATIONS, INTERACTIONS OR DEALINGS WITH, OR THE CONDUCT OF, THE THIRD-PARTY SERVICE PROVIDERS THAT PROVIDE THE THIRD-PARTY SERVICES IN CONNECTION WITH ANY GLUE EXPERIENCE, OR (V) YOUR PARTICIPATION IN ANY GLUE EXPERIENCE, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT GLUE HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, EVEN IF A LIMITED REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE. IN NO EVENT WILL GLUE’S AGGREGATE LIABILITY ARISING OUT OF OR IN CONNECTION WITH THESE TERMS, YOUR USE OR INABILITY TO USE THE SERVICES, OR YOUR PARTICIPATION IN ANY GLUE EXPERIENCE (INCLUDING BUT NOT LIMITED TO YOUR INTERACTIONS WITH PROVIDERS OF THIRD-PARTY SERVICES) EXCEED THE AMOUNTS YOU HAVE PAID VIA THE GLUE PLATFORM OR IN CONNECTION WITH ANY GLUE EXPERIENCE IN THE SIX (6) MONTH PERIOD PRIOR TO THE EVENT GIVING RISE TO THE ALLEGED LIABILITY, OR ONE HUNDRED U.S. DOLLARS (U.S. $100.00), IF NO SUCH PAYMENTS HAVE BEEN MADE, AS APPLICABLE. YOU ACKNOWLEDGE AND AGREE THAT ANY CLAIM OR CAUSE OF ACTION ARISING OUT OF OR RELATED TO THESE TERMS, YOUR USE OF THE SERVICES, OR YOUR PARTICIPATION IN ANY GLUE EXPERIENCE MUST BE FILED WITHIN ONE YEAR AFTER SUCH CLAIM OR CAUSE OF ACTION AROSE OR BE FOREVER BARRED. The limitations of damages set forth above are fundamental elements of the basis of the bargain between Glue and you. Some jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, so some of the above limitations and exclusions may not apply to you.
No Liability for Non-Glue Actions. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL GLUE BE LIABLE FOR ANY DAMAGES WHATSOEVER, WHETHER DIRECT, INDIRECT, GENERAL, SPECIAL, COMPENSATORY, CONSEQUENTIAL, AND/OR INCIDENTAL, ARISING OUT OF OR RELATING TO THE CONDUCT, ACTS OR OMISSIONS OF YOU OR ANY GUESTS ACCOMPANYING YOU ON GLUE EXPERIENCES, OR THE THIRD-PARTY SERVICE PROVIDERS THAT PROVIDE THE THIRD-PARTY SERVICES OR ANY OTHER THIRD PARTY, IN CONNECTION WITH THE USE OF THE SERVICES AND PARTICIPATION IN GLUE EXPERIENCES, INCLUDING WITHOUT LIMITATION, BODILY INJURY, EMOTIONAL DISTRESS, AND/OR ANY OTHER DAMAGES. YOU ACKNOWLEDGE AND AGREE THAT GLUE HAS NO RESPONSIBILITY OR LIABILITY TO YOU RELATED TO ANY PRODUCTS OR SERVICES PROVIDED TO YOU BY THIRD-PARTY SERVICE PROVIDERS OTHER THAN AS EXPRESSLY SET FORTH IN THIS AGREEMENT. Some jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, so some of the above limitations and exclusions may not apply to you.

Indemnification. To the maximum extent permitted by applicable law, you agree to release, defend (at Glue’s option), indemnify, and hold Glue and its affiliates and subsidiaries, and their officers, directors, employees and agents, harmless from and against any claims, liabilities, damages, losses, and expenses, including without limitation, reasonable attorney and accounting fees, arising out of or in any way connected with (i) your breach of these Terms or any other applicable policies of Glue, (ii) your improper use of the Glue Platform or any of the Services, (iii) your participation in a Glue Experience, including without limitation any injuries, losses or damages (whether compensatory, direct, incidental, consequential or otherwise) of any kind arising in connection with or as a result of your participation, or (iv) your breach of any laws, regulations or third-party rights. Glue may assume exclusive control of any defense of any matter subject to indemnification by you (which shall not excuse your obligation to indemnify Glue), and you agree to fully cooperate with Glue in such event. You shall not settle any dispute subject to your indemnification under this Agreement without prior written consent from Glue.
Dispute Resolution.

IMPORTANT: PLEASE REVIEW THE ARBITRATION AGREEMENT SET FORTH BELOW CAREFULLY, AS IT WILL REQUIRE YOU TO RESOLVE DISPUTES WITH GLUE ON AN INDIVIDUAL BASIS THROUGH FINAL AND BINDING ARBITRATION. BY ENTERING INTO THIS AGREEMENT, YOU EXPRESSLY ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTAND ALL OF THE TERMS OF THIS AGREEMENT AND HAVE TAKEN TIME TO CONSIDER THE CONSEQUENCES OF THIS IMPORTANT DECISION.
AGREEMENT TO ARBITRATE. YOU AND GLUE MUTUALLY AGREE THAT ANY DISPUTE, CLAIM OR CONTROVERSY ARISING OUT OF OR RELATING IN ANY WAY TO THESE TERMS OR THE APPLICABILITY, BREACH, TERMINATION, VALIDITY, ENFORCEMENT OR INTERPRETATION THEREOF, TO THE ACCESS TO AND USE OF THE SERVICES, OR PARTICIPATION IN ANY GLUE EXPERIENCE, WHETHER BASED IN CONTRACT, STATUTE, REGULATION, ORDINANCE, TORT (INCLUDING WITHOUT LIMITATION, FRAUD, MISREPRESENTATION, FRAUDULENT INDUCEMENT, OR NEGLIGENCE), OR ANY OTHER LEGAL OR EQUITABLE THEORY (COLLECTIVELY, “DISPUTE”) WILL BE SETTLED BY BINDING INDIVIDUAL ARBITRATION (THE “ARBITRATION AGREEMENT”). ARBITRATION MEANS THAT THE DISPUTE WILL BE RESOLVED BY A NEUTRAL ARBITRATOR INSTEAD OF IN A COURT BY A JUDGE OR JURY. THE ARBITRATOR WILL DECIDE ALL THRESHOLD QUESTIONS, INCLUDING BUT NOT LIMITED TO ISSUES RELATING TO THE ENFORCEABILITY, REVOCABILITY, OR VALIDITY OF THIS SECTION AND WHETHER EITHER PARTY LACKS STANDING TO ASSERT HIS/HER/ITS CLAIM(S).
Exceptions to the Arbitration Agreement. Notwithstanding the Arbitration Agreement, you and Glue each agree that (i) any dispute that may be brought in small claims court may be instituted in a small claims court of competent jurisdiction, (ii) either you or Glue may seek injunctive relief in any court of competent jurisdiction to enjoin infringement or other misuse of either party’s intellectual property rights (including without limitation, violation of any data use restrictions contained in these Terms or other misuse of the Glue Content) or based on other exigent circumstances (e.g., imminent danger or commission of a crime, hacking, cyber-attack).
Pre-Arbitration Dispute Resolution and Notification. Prior to initiating an arbitration, you and Glue each agree to notify the other party of the dispute and attempt to negotiate an informal resolution to it first. We will contact you at the email address you have provided to us; you can contact Glue’s customer service team by emailing us at support@glue.co. If, after a good faith effort to negotiate, one of us feels the dispute has not and cannot be resolved informally, the party intending to pursue arbitration agrees to notify the other party via email prior to initiating the arbitration.
The Arbitration. Any arbitration, if required, will be conducted by the American Arbitration Association (“AAA”) under its then current and applicable rules and procedures, which are located at www.adr.org (http://www.adr.org/), and those rules will govern the payment of all filing, administration, and arbitrator fees unless this Section 16 expressly provides otherwise. The party submitting a dispute for resolution through arbitration, will pay AAA’s filing fee. Each party will pay their pro rata share of administration and arbitrator fees under AAA’s rules; provided, however, if AAA’s Consumer Arbitration Rules are applicable, Glue will make arrangements to pay all necessary administration and arbitrator fees directly to AAA. If AAA’s Consumer Arbitration Rules are applicable and you lose the claim(s) you assert against Glue, you agree to reimburse Glue for your pro rata share of administration and arbitrator fees as part of any arbitrator award; provided, however, if you are able to demonstrate that the costs of arbitration will be prohibitive as compared to the costs of litigation, Glue will pay as much of the administration and arbitrator fees as the arbitrator deems necessary to prevent the arbitration from being cost-prohibitive as compared to litigation. If the arbitrator determines the claim(s) you assert in the arbitration are frivolous or that you asserted the claim(s) for harassment or any other improper purpose, you agree to reimburse Glue for all administration and arbitrator fees paid by Glue as part of any arbitration award. Each party shall pay its own attorneys’ fees and costs unless there is an applicable statutory provision requiring the prevailing party to be paid its attorneys’ fees and costs, in which case, a prevailing party attorneys’ fees award shall be determined by applicable law. The arbitration shall be held in Seattle, Washington, in English before a single arbitrator selected in accordance with AAA rules. If the value of the relief sought is U.S. $25,000 or less, the arbitration will be conducted based solely on written submissions; provided, however, either party may request to have the arbitration conducted by telephone or in-person hearing, which request shall be subject to the arbitrator’s discretion. Attendance at any in-person hearing may be made by telephone or other remote means by you and/or us, unless the arbitrator requires otherwise after hearing from the parties on the issue. Keeping in mind that arbitration is intended to be a fast and economical process, either party may file a dispositive motion to narrow the issues or claims. Subject to the exclusions and waivers in these Terms, the arbitrator may award any individual relief or individual remedies that are permitted by applicable law. The arbitrator’s award shall be made in writing but need not provide a statement of reasons unless requested by a party. The arbitrator’s award shall be final and may be enforced in any court of competent jurisdiction. The Federal Arbitration Act, applicable federal law, and the laws of the State of Washington, without regard to principles of conflict of laws, will govern any Dispute.
No Class Actions or Representative Proceedings. YOU AND GLUE ACKNOWLEDGE AND AGREE THAT TO THE FULLEST EXTENT PERMITTED BY LAW, WE ARE EACH WAIVING THE RIGHT TO PARTICIPATE AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS ACTION LAWSUIT, CLASS-WIDE ARBITRATION, PRIVATE ATTORNEY GENERAL ACTION, OR ANY OTHER REPRESENTATIVE PROCEEDING AS TO ALL DISPUTES. FURTHER, UNLESS YOU AND GLUE BOTH OTHERWISE AGREE IN WRITING, THE ARBITRATOR MAY NOT CONSOLIDATE MORE THAN ONE PARTY’S CLAIMS AND MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF ANY CLASS OR REPRESENTATIVE PROCEEDING. If the class action waiver contained in this Section is determined to be illegal or unenforceable, this entire Section will be unenforceable, and the Dispute will be decided by the courts in the state of Washington, King County, or the United States District Court for the Western District of Washington, and the parties irrevocably submit to the exclusive jurisdiction of such courts.
No Judge or Jury in Arbitration. Arbitration does not involve a judge or jury. You understand and agree that by entering into these Terms you and Glue are each giving up the right to a jury trial or a trial before a judge in a public court. In the absence of this Provision, you and Glue might otherwise have had a right or opportunity to bring Disputes in a court, before a judge or jury, and/or to participate or be represented in a case filed in court by others (including class actions). Except as otherwise provided below, those rights are waived. Other rights that you would have if you went to court, such as the right to appeal and to certain types of discovery, may be more limited or may also be waived.

Severability. Except as provided elsewhere in these Terms, in the event that any portion of this Arbitration Agreement is deemed illegal or unenforceable, such provision shall be severed and the remainder of the Arbitration Agreement shall be given full force and effect. If the arbitrator determines this Section is unenforceable, invalid or has been revoked as to any claim(s), then the Dispute as to such claim(s) will be decided by the courts in the state of Washington, King County, or the United States District Court for the Western District of Washington, and the parties irrevocably submit to the exclusive jurisdiction of such courts.
General Terms

Notice of Claimed Infringement: DMCA Claims. Glue respects the intellectual property rights of others. In accordance with the Digital Millennium Copyright Act and other applicable intellectual property laws, Glue will respond expeditiously to claims of copyright infringement committed using the Services that are reported to our Designated Copyright Agent, identified below. If you believe that any of the materials available on or through the Services infringes on any copyright you own or control, please send us a notice of infringement (a “DMCA Notice”). A DMCA Notice must be in writing and must set forth the following items:

a description of the copyrighted work that you believe is being infringed;
a description of the location (including URL) of the material that you believe is infringing the copyrighted work;
your contact information (please include address, telephone number, and email address);
a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
a statement by you, made under penalty of perjury, that the information contained in your DMCA Notice is accurate and that you are the owner of the copyright interest or authorized to act on his or her behalf; and
an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest.

The DMCA Notice should be sent to: Mysteries Inc. Attn: Brennan Keough 701 N 36th Street Suite 330 Seattle, WA 98103 brennan@glue.co
Upon receipt of the DMCA Notice, Glue will take whatever action, in its sole discretion, it deems appropriate, including removal of the challenged material from the Services.

Notices. Unless otherwise specified, any notices or other communications to you permitted or required under these Terms, will be provided electronically and given by Glue via email, Glue Platform notification, or messaging service.
Controlling Law and Venue. These Terms will be interpreted in accordance with the laws of the State of Washington and the United States of America, without regard to conflict-of-law provisions. Judicial proceedings (other than small claims proceedings) that are excluded from the Arbitration Agreement in these terms must be brought in the state or federal courts located in King County, Washington, unless we both agree to some other location. You and we both consent to venue and personal jurisdiction in King County, Washington.
No Waiver and Severability. Glue’s failure to enforce a provision of this Agreement is not a waiver of its right to do so later or to enforce any other provision. Except as expressly set forth in this Agreement, the exercise by either party of any of its remedies under this Agreement will be without prejudice to its other remedies under this Agreement or otherwise permitted under law. Except as explicitly provided herein, if any provision of this Agreement is held to be unenforceable for any reason, such provision will be reformed only to the extent necessary to make it enforceable, and such decision will not affect the enforceability of such provision under other circumstances, or of the remaining provisions hereof under all circumstances.
Assignment. You may not assign, transfer or delegate this Agreement and your rights and obligations hereunder without Glue’s prior written consent. Glue may, without restriction, assign, transfer or delegate this Agreement and any rights and obligations hereunder, at its sole discretion.
No Third-Party Beneficiaries. This Agreement does not, and is not intended to, confer any rights or remedies upon any person other than the parties hereto.
No Agency Relationship. No joint venture, partnership, employment or agency relationship exists between you and Glue as a result of this Agreement or your use of the Services and you may not make any representations on behalf of or bind Glue in any manner.
Headings. The headings of the sections contained in these Terms are for convenience only and shall not be deemed to control or affect the meaning or construction of any provision of the Terms.
Entire Agreement. Except as it may be supplemented by additional terms and conditions, policies, guidelines or standards as provided herein, this Agreement constitutes the entire agreement between Glue and you pertaining to the subject matter hereof, and supersedes any and all prior oral or written understandings or agreements between Glue and you in relation to the access to and use of the Services, including but not limited to the participation in any Glue Experience.

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