GAMESAMBA WEB SITE TERMS AND CONDITIONS OF USE
PLEASE READ THESE TERMS AND CONDITIONS OF USE AND PRIVACY STATEMENT CAREFULLY BEFORE USING THIS Web Site.
By using this web site ("Web Site"), you signify your agreement to these Terms and Conditions of Use and Privacy Statement ("Terms and Conditions"). If you do not agree to all of these Terms and Conditions, do not use this site! GameSamba may revise and update these Terms and Conditions at any time. Your continued usage of the Web Site will mean you accept those changes. Failure to abide by these terms and conditions may result in disqualification, account closure, forfeiture of funds and/or legal action against you. If you do not agree to these terms and conditions, do not: create an account, continue usage of the web site, or download, install or use GameSamba software or games.
1. Use of Material or Technology on the Web Site
The information, artwork, text, video, audio, media files or pictures displayed or contained on the Web Site (collectively, the "Materials") and the software, technology and products, and any relevant documentation downloadable or accessible from the Web Site (the "Technology") are protected by copyright, patent, trademark and other laws under both United States and foreign laws.
Unless otherwise stated, you may only access, view and use the Materials or Technology for personal or educational, non-commercial purposes. You may not use the Materials or Technology for any other purpose or reproduce or modify the Materials or Technology without GameSamba's authorization. Except as authorized by GameSamba, you may not print, copy, download, reproduce, republish, post, transmit or distribute any of the Materials or Technology. You may print only one copy of the Materials for personal or educational, non-commercial purposes, and on the copy you must include the following copyright notice: "Copyright © 2010 GameSamba. All rights reserved." and any other copyright notice originally included with the Materials.
The Technology available on this Web Site may be licensed pursuant to separate license agreements, which will be presented to you prior to download or access of the Technology. All title and copyrights in and to the Technology, and any copies thereof, are owned by GameSamba and/or its suppliers. You may only access or download and use the Technology if you have agreed to, and comply with, the license agreement that is applicable to such Technology and your use of the Technology. Any unauthorized reproduction or redistribution of the Technology or Materials is expressly prohibited by law, and may result in severe civil and criminal penalties. You may not reverse engineer, disassemble, modify or decompile any Technology or Materials. Violators will be prosecuted to the maximum extent possible. COPYING OR REPRODUCTION OF THE TECHNOLOGY OR MATERIALS TO ANY OTHER Web Site OR LOCATION FOR FURTHER REPRODUCTION OR REDISTRIBUTION IS EXPRESSLY PROHIBITED WITHOUT THE PRIOR WRITTEN CONSENT OF GAMESAMBA. You may not attempt to "pass-off" any of GameSamba's Materials or Technology as your own work. Title to the Materials and Technology remains with GameSamba or its licensors. Any use of the Materials and Technology not expressly permitted by these Terms and Conditions or a separate agreement with GameSamba is a breach of these Terms and Conditions and may violate copyright, trademark, and other laws. All rights not expressly granted herein are reserved to GameSamba and its licensors. If you violate any of these Terms and Conditions or the applicable license, your permission to use the Materials and Technology automatically terminates and you must immediately destroy any copies you have made of any portion of the Materials or the Technology.
2. GameSamba Communication Features
GameSamba retains the right to terminate any account, including accounts created through our partners, of anyone who violates our rules below or on the site.
You agree not to do any of the following while using the Realms Online, Tribal Trouble 2, Remnant Knights, or any GameSamba published game title (past, present or future) or any other GameSamba provided game, platform, website, software, or in any communication feature provided by GameSamba:
(a) transmit any message, information, data, text, software or graphic files, or other materials ("Content") that is unlawful, harmful, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, pornographic (pornography), libelous, that may be invasive of another's right of privacy or publicity, hateful, racially, ethnically or otherwise objectionable;
(b) impersonate any person or entity, including but not limited to, Realms Online, Tribal Trouble 2, Remnant Knights (or any other GameSamba game title) or GameSamba crew member, game master, administrator, guide or host or falsely state or otherwise misrepresent your affiliation with a person or entity;
(c) post or transmit any Content that you do not have a right to transmit under any law or under contractual or fiduciary relationships (such as nondisclosure agreements);
(d) post or transmit any Content that contains a virus or corrupted data;
(e) delete any author attributions, legal notices or proprietary designations or labels that you upload to a GameSamba Communication Feature;
(f) use a GameSamba Communication Feature in a manner that adversely affects the availability of its resources to other users (e.g., excessive shouting [use of all caps], flooding [continuous posting of repetitive text] or excessively large embedded images);
(g) post or transmit any unsolicited advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation;
(h) intentionally or unintentionally violate any applicable local, state, national or international law, rule or regulation; and
(i) upload or transmit any Content that infringes any patent, trademark, trade secret, copyright or other proprietary rights ("Rights") of any party.
By submitting (e.g., uploading or transmitting) Content to an GameSamba Communication Feature, you automatically grant GameSamba the royalty-free, perpetual, irrevocable, non-exclusive, and fully sub-licensable right and license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform and display such Content (in whole or part) worldwide and/or to incorporate it in other works in any form, media, or technology now known or later developed. In addition, you warrant that any and all so-called "moral rights" in the Content have been waived. GameSamba and our employees shall have the right, but not the obligation, in their sole discretion to edit, refuse to post, or remove any Content posted in any GameSamba Communication Feature. Without limiting the foregoing, GameSamba and its crew shall have the right to remove any Content that is in violation of the provisions hereof or otherwise objectionable. You agree to indemnify and hold GameSamba harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of your violation of these terms and conditions or your violation of any rights of another.
3. Software Available from This Site
(b) This Agreement authorizes you to use the Software on the single microcomputer in which the Software is installed. Title to the Software will at all times remain with GameSamba and third parties who have granted GameSamba the right to distribute portions of the Software.
(c) You may not (I) electronically transfer the Software from one computer to another over a network, distribute copies of the Software to others, (II) print, modify, adapt, translate, or create derivative works based on the graphics or written materials included in the Software without GameSamba's prior written consent which may be withheld, or (III) employ any means of circumventing any cheating protection mechanism included in the Software.
(d) The Software is delivered "as is" without any warranties. USE OF REALMS ONLINE, TRIBAL TROUBLE 2, REMNANT KNIGHTS, OR ANY OTHER GAMESAMBA SOFTWARE IS AT YOUR SOLE RISK.
4. Sites Linked from the Web Site
GameSamba does not control sites linked from the Web Site. GameSamba does not endorse or assume any responsibility or liability for any communications or materials available at such linked sites, sites framed within the Web Site or third party advertisements. Additionally, GameSamba does not make any representations regarding the content or accuracy of such web sites. GameSamba does not intend links on the Web Site to be referrals or endorsements of the linked entities, and are provided for convenience only. Your use of third-party Web Sites is at your own risk and subject to the terms and conditions of use for such sites.
5. Payment: Purchasing of GameSamba's Samba Coins and/or Any In-Game Currency Payments for any subscription term or pay-per-use (purchase of Samba Coins GameSamba's Universal Game Currency and/or any In-Game Currency) are paid in advance and are not refundable in whole or in part. Sales tax is included for Washington State residents only.
6. Disclaimer of Warranty and Limitation of Liability
(a) GameSamba Defined
For purposes of this section, "GameSamba" shall include GameSamba, and its divisions, subsidiaries, successors, parent companies, and their employees, partners, principals, agents and representatives, its licensors and suppliers, and any third-party providers or sources of information or data.
(b) Disclaimer of Warranty
You expressly acknowledge and agree that your use of the Materials and any Technology is at your own risk. Materials and Technology are provided "AS IS", without warranties of any kind. GAMESAMBA, TO THE FULLEST EXTENT ALLOWED BY THE LAW, EXPRESSLY DISCLAIMS ANY / ALL WARRANTIES, EITHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT OF THIRD PARTIES' RIGHTS, AND FITNESS FOR PARTICULAR PURPOSE. GAMESAMBA SHALL HAVE ABSOLUTELY NO LIABILITY IN CONNECTION WITH THE MATERIALS OR TECHNOLOGY INCLUDING WITHOUT LIMITATION, ANY LIABILITY FOR DAMAGE TO YOUR COMPUTER HARDWARE, SOFTWARE, DATA, BUSINESS OR ANY OTHER MATTER RESULTING FROM THE MATERIALS OR THE TECHNOLOGY, OR THE LACK OF INFORMATION IN ANY WAY RELATING TO SAME ON THE Web Site.
(c) Limitation of Liability
YOU AGREE THAT UNDER NO CIRCUMSTANCES SHALL GAMESAMBA NOR ANY PERSON OR ENTITY INVOLVED IN CREATING, PRODUCING OR DISTRIBUTING ANY CONTENT OR SERVICES OFFERED BY GAMESAMBA, BE LIABLE FOR ANY LOSSES OR DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, INCIDENTAL AND CONSEQUENTIAL DAMAGES, PERSONAL INJURY/WRONGFUL DEATH, LOST, PROFITS, OR DAMAGES RESULTING FROM LOST DATA OR BUSINESS INTERRUPTION), RESULTING FROM THE ACCESS TO, USE OF, OR RELIANCE ON, THE Web Site, THE MATERIALS OR THE TECHNOLOGY WHETHER BASED ON WARRANTY, CONTRACT, TORT OR ANY OTHER LEGAL THEORY, WHETHER OR NOT GAMESAMBA IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
You agree to defend, indemnify and hold GAMESAMBA, its officers, directors, employees, agents, licensors and suppliers, harmless from and against any claims, actions or demands, liabilities and settlements including without limitation, reasonable legal and accounting fees, resulting from, or alleged to result from, your violation of these Terms and Conditions.
GameSamba is based in Everett, Washington, in the United States of America. GameSamba makes no claims that the Materials or Technology is appropriate or may be downloaded outside of the United States. Access to the Materials or Technology may not be legal by certain persons or in certain countries. If you access the Web Site from outside the United States, you do so at your own risk and are responsible for compliance with the laws of your jurisdiction.
You expressly agree that exclusive jurisdiction for any dispute with GameSamba, or in any way relating to your use of the Web Site, resides in the courts of the State of Washington and you further agree and expressly consent to the exercise of personal jurisdiction in the courts of the State of Washington in connection with any such dispute including any claim involving GameSamba or its affiliates, subsidiaries, employees, contractors, officers, directors, telecommunication providers and content providers.
These Terms and Conditions are governed by the internal substantive laws of the State of Washington, without respect to its conflict of laws principles. If any provision of these Terms and Conditions is found to be invalid by any court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms and Conditions, which shall remain in full force and effect. No waiver of any of these Terms and Conditions shall be deemed a further or continuing waiver of such term or condition or any other term or condition.
10. U.S. Government End Users
Any Technology which is downloaded or accessed from the Web Site for or on behalf of the United States of America, its agencies and/or instrumentalities ("U.S. Government"), is provided to the U.S. Government as "commercial item," as that term is defined at 48 C.F.R. 2.101 (Oct. 1995), consisting of "commercial computer software" and "commercial computer software documentation," as such terms are used in 48 C.F.R. 12.212 (Sept. 1995). Consistent with 48 C.F.R. 12.212 and 48 C.F.R. 227.7202-1 through 227.7202-4 (June 1995) (or an equivalent provision, e.g., in supplements of various U.S. government agencies, as applicable), and all U.S. Government End Users acquire the Technology with only those rights set forth in the applicable license agreement.
You expressly agree to allow GameSamba to send notification and/or alert messages via email to your registered GameSamba account email address.
Any comments or materials sent to GameSamba including feedback data, such as questions, comments, suggestions, or the like regarding the Materials or the Technology, the Web Site or any other products or programs of GameSamba (collectively "Feedback"), shall be deemed to be non-confidential. GameSamba shall have no obligation of any kind with respect to such Feedback and shall be free to reproduce, use, disclose, exhibit, display, transform, create derivative works and distribute the Feedback to others without limitation. Further, GameSamba shall be free to use any ideas, concepts, know-how or techniques contained in such Feedback for any purpose whatsoever, including but not limited to developing, manufacturing and marketing products incorporating such Feedback.
(a) GameSamba has the right to terminate this Agreement at any time.
(b) GameSamba reserves the right to close down existing accounts without explanation.
(c) GameSamba reserves the right to refuse any application without further explanation.