GameSamba is a developer and publisher of free-to-play mobile and browser games. With studios in Seattle, Hong Kong, and Tokyo, GameSamba has built a diverse team of industry veterans committed to creating innovative gaming experiences. The company's mission is to bring high quality titles to a global audience.
Having partnered with CBS, KODANSHA, SHUEISHA, TV TOKYO, Studio Pierrot, etc., GameSamba brings to gamers mobile and browser games based on some of the world's most beloved titles, including Star Trek™: Alien Domain, Tokyo Ghoul: Dark War, FAIRY TAIL: HERO'S JOURNEY and Star Trek™ Alien Domain: Incursion. Upcoming titles include two mobile games based on the anime series FAIRY TAIL and Naruto. The company has also formed strategic alliances with Funimation, a leader in bringing the best of Japanese Anime to North America.
This policy covers how GameSamba, Inc. ("GameSamba") treats personal information that GameSamba collects and receives through its website and communications, related to your use of GameSamba products and services. Personal information is information about you that is personally identifiable, including your name, address, age, email address, phone number, preferences and other related information that is not otherwise publicly available.
Information Collection and Use
GameSamba collects personal information when you register with GameSamba, when you use GameSamba products or services, and when you visit GameSamba.com web pages or the pages of certain GameSamba partners. GameSamba may combine information about you that we have with information we obtain from business partners or other companies. When you register we ask for information such as your name, email address, age range, zip code, etc. Once you register with GameSamba and sign in to our services, you are not anonymous to us.
GameSamba collects information about your transactions with us and with some of our business partners.
GameSamba automatically receives and records information on our server logs from your browser, including your IP address, GameSamba cookie information, and the page you request.
GameSamba uses information for the following general purposes: to customize the content you see, fulfill your requests for products and services, improve our services, contact you, conduct research, and provide anonymous reporting for internal and external clients.
If you elect to use GameSamba's referral service for informing a friend about our site or particular features or content, we will ask you for your friend's name and email address. GameSamba will automatically send the friend a one-time email inviting them to visit GameSamba. GameSamba stores this information for the sole purpose of sending this one-time email.
When purchasing game items or subscriptions to our games, you will have the choice to pay by credit card, PayPal, mobile phone, bill to your home phone or ISP or any other e-commerce available today or in the future. We will collect the required information for each payment method, however, this information will be kept confidential.
Information Correcting and Deleting
In some cases, we may not be able to delete your personal information and will retain and use our information as long as necessary to comply with our legal obligations, resolve disputes, and/or enforce our agreements.
Please note that the deletion of your data will lead to the termination of your account and all applicable services.
Our Commitment to Children's Privacy:
GameSamba recognizes the privacy interests of children and we encourage parents and guardians to take an active role in their children's online activities and interests. The GameSamba Site is not intended for children under the age of 13. GameSamba does not target its activities or the GameSamba Site to children under 13. GameSamba does not knowingly collect personally identifiable information from children under the age of 13.
Information Sharing and Disclosure
GameSamba does not rent, sell or share personal information about you with other people or nonaffiliated companies except to provide products or services you've requested, when we have your permission, or under the following circumstances:
We provide the information to trusted partners who may assist us or work on behalf of or with GameSamba under confidentiality agreements. These companies may use your personal information to help GameSamba communicate with you about offers from GameSamba and our marketing partners. However, these companies do not have any independent right to share this information. You have the right to opt out of these communications upon notifying us via email at [email protected]
We respond to subpoenas, court orders, or legal process, or to establish or exercise our legal rights or defend against legal claims.
Passive Means to Collect Information
Communications from GameSamba
For everyone 13 years of age and over, certain communications from GameSamba, such as service announcements, and administrative messages are considered part of GameSamba membership and you may not opt out of receiving them. In particular those who register with us for beta testing GameSamba games agree to receive communications regarding these games as a part of their beta membership.
All other emails from GameSamba will include a URL or email address where you can unsubscribe from future mailings. All new users are opted in to receive information from GameSamba and other affiliated company. You can change your contact preferences, personal information or delete your GameSamba account by visiting your Account page.
Our Commitment to Data Security
To prevent unauthorized access, maintain data accuracy, and ensure the correct use of information, we have put in place appropriate physical, electronic, and managerial procedures to safeguard and secure the information we collect online.
GameSamba may update this policy. We will notify you about significant changes in the way we treat personal information by sending a notice to the email address specified in your GameSamba account, if we have collected it, or by placing a prominent notice on our site. If you do not agree with these updates to the policy, or are no longer in compliance with the requirements, you are obligated to terminate your GameSamba Account immediately and cancel any services for which you have signed up. Your continued use of the GameSamba Service following any revision to this policy constitutes your complete and irrevocable acceptance of any and all such changes.
How to Contact Us
While we strive for error free performance, we cannot always catch an unintended privacy issue. As a result, we encourage your questions and comments about any privacy concerns. Please direct them to us by an email to [email protected]
Privacy Statement Last Updated: May 8, 2018
END USER AGREEMENT
THIS END USER AGREEMENT ("AGREEMENT") DESCRIBES THE TERMS AND CONDITIONS NOT AGREE TO THE TERMS AND CONDITIONS OF THIS AGREEMENT, PLEASE CLICK ON THE "I DO NOT AGREE" BUTTON OR PROMPTLY EXIT THIS PAGE.
TERMS OF AGREEMENT
Terms of Agreement
The Company may amend, update, modify or correct this Agreement, or modify the Rules of Conduct at any time in its sole discretion without any obligation to inform the User of the amendment or changes by posting the amended Agreement or modified Rules of Conduct at www.gamesamba.com. Amendments or changes to the Agreement will be effective immediately after the amended Agreement is posted. Modifications to the Rules of Conduct will be effective immediately upon posting. Your use of Gamesamba Games after the effective date of any amendments to this Agreement constitutes your agreement to the amendments. You agree to check this Agreement and the Rules of Conduct periodically so you will be familiar with their content as amended or modified from time to time.
DESCRIPTION OF SERVICE
The Company offers Gamesamba Games as online role-playing games services (the "Services") accessible through the Internet at " www.gamesamba.com " (the "Web Site"). The Company reserves the right to change the URL address of the Web Site at any time and from time to time without prior notice. To use the Services, you will need to install software, which The Company makes available from the Web Site (the "Software"). Anyone desiring to use the Services is required to establish an account with The Company (the "Passport"). The Company does not provide Internet access, and you are responsible for all fees and costs associated with your Internet connection. The Web Site located at www.gamesamba.com is an active part of the Services and any use of the web Site is governed by the same Terms of Agreement and Rules of Conduct.
LICENSE TO USE
Subject to the terms of this Agreement, The Company grants to you a non-exclusive license to use the Services, and a non-exclusive license to use the Software in connection with the Services. You may not sublicense, rent, lease, loan or otherwise transfer the Software for profit, modify, adapt, reverse engineer or recompile the Software, or create any derivative works in respect of the Software or the Services, or otherwise use the Software except as expressly provided in this Agreement.
Passports are available only to adult individuals eighteen (18) years of age or older. If you are less than 18 years of age and wish to use the Services, your parent(s) or guardian(s) must complete the registration process, open an Passport in their name(s), and accept full responsibility for all obligations under this Agreement. Those who have completed these steps and who maintain their Passport in good standing are sometimes referred to in this Agreement as "Member(s)", "User(s), or "Player(s)". By clicking the "I Agree" button you represent that you are an adult 18 years of age or older. Only one person may use an Passport. The registered User of an Passport may use the Passport or may choose instead to permit a minor child of the registered User to use the Passport. You are liable for all activities conducted through your Passport, and parents or guardians are liable for all activities of their minor child conducted through the Passport.
At the time your Passport is opened, you must choose a name to identify yourself to The Company staff (your "Passport ID"). You may not select as your Passport ID the name of another person, or a name which violates any third party's trademark right, copyright, or other proprietary right, or which may mislead other Members to believe you to be an employee of The Company, or which The Company deems in its discretion to be vulgar or otherwise offensive. The Company reserves the right to delete, or to change, any vulgar or otherwise offensive Passport ID. You have sole liability for all activities conducted through your Passport or under your Passport ID.
By agreeing to the User Agreement you agree that you do not own the Passport you use to access the Services, the characters The Company stores on The Company servers, the game items in the Passport, or any other data which the servers and accounts are comprised of. The Passport, characters, game items, and any other data which the servers and accounts are comprised of, are properties of The Company.
In order to use the Services, you must create a character in anyone of The Games and choose a name for your character to identify your character to other Members (your "Character Name"). You may not select as your Character Name the name of another person, or a name which violates any third party's trademark right, copyright, or other proprietary right, or which may mislead other Members to believe you to be an employee of The Company, or which The Company deems at its sole discretion to be vulgar or otherwise offensive. The Company reserves the right to delete, or alter any vulgar or otherwise offensive Character Name. Only ASCII characters are allowed for any character names in the Game. No Unicode is allowed.
Pledge Names, Pledge Titles, House Signs, Individual Titles, NPC Names
While accessing the Services, it is possible to name your pledge, grant titles to individual members, grant a title to your own character, name NPCs, or name a guild. You may not give a name to a pledge, another character, grant your own character a title, or name an NPC (non-player character) that is the name of another person, or a name which violates any third party's trademark right, copyright, or other proprietary right, or which may mislead other Members to believe you to be an employee of The Company, or which The Company deems at its sole discretion to be vulgar or otherwise offensive. The Company reserves the right to delete, change, or require you to change, any vulgar or otherwise offensive Name. Only ASCII characters are allowed for any names in the Game. No Unicode is allowed.
At the time your Passport is opened, you must select a password. You are responsible for maintaining the confidentiality of your password and you are responsible for any harm resulting from your disclosure or allowing the disclosure of your password or from use by any person of your password to gain access to your Passport and Passport ID. At no time should you respond to an online request for a password. The Company will never ask for your password offline or online, except that you will be required to enter your password as part of the log-on process, or when you are requesting the company to perform certain service that requires your password authentication, in which case you will only send your password to designated company email address or company website.
You agree to provide true, accurate, current and complete information about yourself as prompted by the Service's registration form ("Registration Data"), and maintain and promptly update the Registration Data to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete, or The Company has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, The Company has the right to suspend or terminate your Passport and refuse any and all current or future use of the Service.
Members whose Passports have been terminated by The Company may not access the Service in any manner or for any reason, including through any other Passport, without the express written permission of The Company.
If The Company terminates an Passport, The Company may terminate any other Passports that share the same member name, phone number, email address, postal address, Internet Protocol address, or credit card number with the terminated Passport.
Currently, each Player, User, or Member is permitted to register more than one account. However, The Company reserves the right to limit the number of Passports each Player may register.
Right To Monitor and Remove Unacceptable Contents
The Company has the right, but not the duty, to review and monitor all content submitted for or included on the Services, and in its sole discretion to remove any content that the Company finds objectionable for any reason, without any prior notice to the Member.
For the Games which are free to play. You do not need to pay any service fee to play unless you want to buy the Game Items. However, the Company is not responsible for any other fees or costs you paid or may have to pay in order to play the Games, including, but not limited to, fees to access the internet; fees charged by a location such as a cyber cafe, arcade, or other location; or costs of computer hardware or software.
For the Games which are not free to play, you will be required to pay a certain amount of monthly fee to play (In the mode, all Game Items are available in game). The Company is also not responsible for any other fees or costs you paid or may have to pay in order to play the Games, including, but not limited to, fees to access the internet; fees charged by a location such as a cyber cafe, arcade, or other location; or costs of computer hardware or software.
SALES OF POINTS CARD
Purchase of Points Card
The Company may offer to sell to you on the Web Site, from time to time, Gamesamba Points Card (The “Points Card”). Each Points Card represent certain amount of Gamesamba Points which can be exchanged to Game Points. Game Points are game-specific points that can be used to acquire virtual items (The "Game Items") in Gamesamba free to play Games. If you select to acquire a Game Item, you agree that you have understood how the Game Item is used in the Games and are fully responsible for all the consequences related to the use or transfer of such Game Item. You agree that any out-of-game transfer of Game Item is not permitted.. You also agree that the Game Items you have acquired are properties of The Company and not refundable, and what you obtained is merely the right to use such Game Items in the Game. The Company also reserves the right to not sell Points Card to certain players.
Electronic goods (including Gamesamba Points Card) purchased on gamesamba.com and all its related sub-domains, require acceptance of End User Agreements prior to their use. The act of downloading, viewing, or using electronic purchases constitutes acceptance of these Agreements. Upon installation or use of any electronically purchased product, you agree that the electronic product is no longer eligible for return. Gamesamba Points Card, once purchased, is not refundable, in whole or in part. If any payment is disputed or charged back, the associated Gamesamba account(s) may be suspended, or terminated if any fraudulent activity is detected.
Security and Anti - Fraud
For security and anti-fraud purpose, the Company may require the purchaser of the Game Items to provide personal information such as name, address, phone number, social security number, and copy of picture ID. Purchasers may also be required to write and sign a statement certifying that their purchases are authorized and legitimate. Failure to do so may result in suspension of the purchaser's Passport.
TRADING AMONG PLAYERS
Trading of Game Items or in game money between Players on the same server is permitted. All other trading or transfers, including without limitations, trading of Passport ID, Passport Names, and all out-of-game transfers, are strictly prohibited.
The Company is not responsible for any losses occurred related to any permitted or prohibited trading activities. ANY AND ALL PROHIBITED CONDUCTS MAY RESULT IN IMMEDIATE TERMINATION OF THE ACCOUNTS INVOLVED IN SUCH TRADING.
CONTENT AND MEMBER CONDUCT
You acknowledge that:
(i) by using the Software and the Service you will have access to graphics, sound effects, music, animation-style video and text (collectively, "Content"), and
(ii) Content may be provided under license by independent content providers, including text contributions from other Members (all such independent content providers shall hereinafter be referred to as "Content Providers"). The Company does not pre-screen Content as a matter of policy. The Company has the right, but not the obligation, to remove Content at any time which it deems to be harmful, offensive, or otherwise in violation of this Agreement.
Rights in Content
You acknowledge that The Company and Content Providers have rights in their respective Content under copyright and other applicable laws, and that you accept full responsibility and liability for your use of any Content in violation of any such rights. You agree that you will not use any Content other than in connection with playing Gamesamba Games.
Members can upload Content to our servers in various forms, such as in selections you make for Gamesamba Games and in bulletin boards and similar user-to-user areas. Unless specified otherwise in your transmission, by submitting your Content to any area on the Service, you automatically grant (or you warrant that the owner of such Content has expressly granted) to The Company the royalty-free, perpetual, irrevocable, non-exclusive right and license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform and display such Content worldwide and/or to incorporate it in other works in any form, media, or technology now known or later developed.
You agree not to use the Service to:
(i) upload, post, e-mail or otherwise transmit Content that infringes any third party rights;
(ii) impersonate any person or entity, including, but not limited to, The Company's employee, or falsely state or otherwise misrepresent your affiliation with a person or entity;
(iii) upload, post, e-mail or otherwise transmit Content that violates any law or regulation; (iv) upload, post, e-mail or otherwise transmit Content as determined by The Company at its sole discretion that is harmful, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable; or contains any viruses, Trojan horses, worms, time bombs, cancelbots or other computer programming routines that are intended to damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information;
(v) upload, post, email or otherwise transmit any Content that you do not have a right to transmit under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);
(vi) upload, post, email or otherwise transmit any unsolicited or unauthorized advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation;
(vii) interfere with or disrupt the Service or servers or networks connected to the Service, or disobey any requirements, procedures, policies or regulations of networks connected to the Services; or
(viii) "stalk" or otherwise harass another member.
To ensure fair play, The Company does not allow the use of any cheating programs such as macros, bots, or mouse simulators etc., to play Gamesamba Games. If you use these cheating programs, you may suffer severe consequences including, but not limited, to the followings:
(i) The Company may suspend your Passport for an indefinite period time;
(ii) The Company may terminate your Passport; and
(iii) The Company reserves the right to seek further legal remedies against you.
Modification of the Client Program
All Members must use the client programs provided by the Company. The Company periodically updates the client program as well, and all players are required to use the latest version of the Games. Modification of the client programs of the Games is strictly prohibited. Any violations may result the termination of your Passport.
Exploitation of Program Bug
Members are prohibited from exploiting any programming bugs in Games, on the Web Site, and/or within The Company's system. Any violations may result the termination of Passport.
The Company has designed Gamesamba Games for play only as offered by The Company at the Web Site. You agree to play Gamesamba Games only as offered by The Company at the Web Site and not through any other means. You further agree not to create or provide any other means through which Gamesamba Games may be played by others, as through server simulators. You acknowledge that you do not have the right to create, publish, distribute, create derivative works from or use any software programs, utilities, applications, simulators or tools derived from or created for Gamesamba Games, except that you may use the Software to the extent expressly permitted by this Agreement. You may not take any action which imposes an unreasonable or disproportionately large load on our infrastructure. You may not sell or auction any Gamesamba Games accounts, characters, items, coin or copyrighted material.
The personal information you provide us during registration is used for our internal purposes only. The Company uses the information The Company collected to learn what you like in order to improve the Service. Except as otherwise expressly permitted by this Agreement or as otherwise authorized by you, The Company will not give any of your personal information to any third party without your express approval. The Company does not guarantee the security of any of your private transmissions against unauthorized or unlawful interception or access by third parties. If you request any technical support, you consent to our remote accessing and review of the computer you load the Software onto for purposes of support and debugging. You agree that The Company may communicate with you via email and any similar technology for any purposes relating to the Services, the Software, and any services or software which may in the future be provided by us or on our behalf.
The Company can (and you authorize us to) disclose any information about you to private entities, law enforcement agencies, or government officials, as The Company, in our sole discretion, believe necessary or appropriate to investigate or resolve possible problems or inquiries, or as otherwise required by law.
While The Company may choose to monitor and take action upon inappropriate Game play, chat or links to the Service, it is possible that at any time there may be language or other material accessible on or through the Services that may be inappropriate for children or offensive to some users of any age. The Company cannot ensure that other players will not provide content or access to content that parents or guardians may find inappropriate or that any User may find objectionable. The Company does not as a matter of policy pre-screen the Content of the materials or communications transmitted by each player.
INTERRUPTION OF SERVICES
The Company reserves the right to interrupt the Services from time to time on a regularly scheduled basis or otherwise with or without prior notice in order to perform maintenance.
You acknowledge that the Services may be interrupted for reasons beyond the control of The Company, and The Company cannot guarantee that you will be able to access the Services or your Passport whenever you may wish to do so. The Company shall not be liable for any interruption of the Services, delay or failure to perform resulting from any causes beyond its reasonable control.
The Company shall not be obligated to refund any and all portion of any Game Item Purchases or Passport fees (if any) by reason of any interruption of the Services and by reason of any of the circumstances described in paragraph (a) or (b) of this provision.
DISCLAIMER OF WARRANTIES
THE COMPANY PROVIDES THE SERVICES, THE SOFTWARE, THE ACCOUNT, THE Gamesamba GAMES AND ALL OTHER SERVICES ON AN "AS IS" BASIS, AND HEREBY EXPRESSLY DISCLAIMS ALL WARRANTIES OR CONDITIONS OF ANY KIND, WRITTEN OR ORAL, EXPRESS, IMPLIED OR STATUTORY, INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTY OF TITLE, NONINFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.WITHOUT LIMITING THE FOREGOING, THE COMPANY DOES NOT WARRANT THAT THE SERVICES, YOUR ACCOUNT, OR Gamesamba GAMES WILL MEET YOUR REQUIREMENTS, OR THAT THE OPERATION OF THE SERVICES, YOUR ACCOUNT, OR Gamesamba GAMES WILL BE UNINTERRUPTED, ERROR-FREE, CONTINUOUS, SECURE, VIRUS-FREE, OR THAT THE DEFECTS IN THE SERVICES, YOUR ACCOUNT, OR Gamesamba GAMES WILL BE CORRECTED.THE COMPANY DOES NOT WARRANT OR MAKE ANY REPRESENTATION REGARDING THE USE OR THE RESULTS OF THE USE OF THE SERVICE OR RELATED DOCUMENTATION IN TERMS OF THEIR CORRECTNESS, ACCURACY, QUALITY, RELIABILITY, APPROPRIATENESS FOR A PARTICULARLY TASK OR APPLICATION, OR OTHERWISE.NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY THE COMPANY OR ITS AUTHORIZED REPRESENTATIVES SHALL CREATE A WARRANTY OR IN ANY WAY INCREASE THE SCOPE OF THIS WARRANTY.YOU ARE ENTIRELY RESPONSIBLE FOR AND ASSUME ALL RISK FOR USE OF THE SERVICES, YOUR ACCOUNT, AND Gamesamba GAMES.YOU SHOULD NOT USE THE SERVICES IN HIGH-RISK ACTIVITIES WHERE SUBSTANTIAL DAMAGE COULD RESULT IF AN ERROR OCCURRED.THE COMPANY DOES NOT WARRANT OR REPRESENT THAT ITS SECURITY PROCEDURES WILL PREVENT THE LOSS OR IMPROPER ACCESS TO YOUR DATA.THE COMPANY IS NOT RESPONSIBLE FOR TRANSMISSION ERRORS OR CORRUPTION OR SECURITY OF INFORMATION CARRIED OVER TELECOMMUNICATION LINES. Some states do not allow the disclaimer of implied warranties, so the foregoing disclaimer may not apply to you. This warranty gives you specific legal rights and you may also have other legal rights that vary from state to state.
LIMITATION OF LIABILITY
THE MAXIMUM AMOUNT AND THE TOTAL LIABILITY OF THE COMPANY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE) SHALL NOT EXCEED THE TOTAL FEES PAID BY YOU TO THE COMPANY FOR THE TOTAL PURCHASE OF GAME ITEMS IN AND WITHIN THE SAME MONTH OF THE EVENT CAUSING LIABILITY.IN NO EVENT SHALL THE COMPANY, OR ANY OF ITS SHAREHOLDERS, PARTNERS, AFFILIATES, DIRECTORS, OFFICERS, EMPLOYEES, AGENTS OR SUPPLIERS, BE LIABLE TO YOU OR TO ANY THIRD PARTY FOR ANY SPECIAL, INCIDENTAL, CONSEQUENTIAL, PUNITIVE OR EXEMPLARY DAMAGES, INCLUDING WITHOUT LIMITATIONS, ANY DAMAGES FOR LOST PROFITS, ARISING (WHETHER OR IN CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE) OUT OF OR IN CONNECTION WITH THE SERVICES, THE SOFTWARE, YOUR ACCOUNT OR THIS AGREEMENT, WHETHER OR NOT THE COMPANY MAY HAVE BEEN ADVISED THAT ANY SUCH DAMAGES MIGHT OR COULD OCCUR. Some states do not allow the foregoing limitations of liability, so they may not apply to you.
If you purchased a Game Item, you agree to release any and all liabilities of The Company related to your purchase and use of the Game Item, except that the Company is responsible for providing such Game Item to your Passport in Gamesamba Games.
You agree to release any and all liabilities of the Company related to any computer virus infection to your computer, whether it is though The Company's server or third party activities.
You agree that The Company will not be held responsible or liable for anything that occurs or results from accessing or subscribing to the Gamesamba Games services.
YOU UNDERSTAND THAT CONTENT AND MATERIALS ON THE INTERNET MAY BE CREATED AND MAINTAINED BY THIRD PARTIES (SUCH AS USER MESSAGE BOARD) AND THAT PORTIONS OF SUCH MATERIALS MAY BE SEXUALLY EXPLICIT, OBSCENE, OFFENSIVE, OR ILLEGAL.IN NO EVENT SHALL THE COMPANY BE LIABLE TO ANY PERSON OR ENTITY, EITHER DIRECTLY OR INDIRECTLY, WITH RESPECT TO ANY MATERIALS FROM THIRD PARTIES ACCESSED THOUGH THE SERVICE.YOU ASSUME TOTAL RESPONSIBILITY AND RISK FROM YOUR USE OF THE SERVICES AND INTERNET GENERALLY.THE COMPANY DISCLAIMS ANY AND ALL RESPONSIBILITY FOR CONTENT CONTAINED IN ANY THIRD PARTY MATERIALS PROVIDED THOUGH HYPERLINKS OR IN ANY OTHER FORMS.
AT THE COMPANY'S REQUEST, YOU AGREE TO DEFEND, INDEMNIFY AND HOLD HARMLESS THE COMPANY, ITS SHAREHOLDERS, PARTNERS, AFFILIATES, DIRECTORS, OFFICERS, EMPLOYEES, AGENTS OR SUPPLIERS, ITS LICENSEES, DISTRIBUTORS, CONTENT PROVIDERS, AND OTHER MEMBERS OF THE SERVICE, FROM ALL DAMAGES, LIABILITIES, LOSSES, DAMAGES, JUDGMENTS, CLAIMS, CAUSES OF ACTION, CLAIMS, AND EXPENSES, INCLUDING ATTORNEYS' FEES AND COSTS, WHICH THE COMPANY MAY HEREAFTER INCUR, SUFFER, OR BE REQUIRED TO PAY, DEFEND, SETTLE (SUBJECT TO ANY LIMITATIONS SET FORTH IN THIS AGREEMENT), OR SATISFY AS A RESULT OR ARISING OUT OF YOUR USE OF THE SERVICES OR ANY BREACH OF THIS AGREEMENT BY YOU.
The Company may terminate this Agreement (including your Software license and Passport) immediately and without notice if you breached this Agreement or willfully infringe any third party intellectual property rights, or if The Company are unable to verify or authenticate any information you provide to us, or upon Game play, chat or any player activity whatsoever which is, in our sole discretion, inappropriate and/or in violation of the spirit of Gamesamba Games. If The Company terminates this Agreement under any circumstances, you will lose access to your Passport without refund of any fees paid for the purchases of any Game Items or unused access time.
You agree that if the Services or your Passport is terminated or cancelled for any reasons or length of time, you are not entitled to any reimbursement or refund of any fees paid for the purchases of any Game Items or unused access time.
CHOICE OF LAW AND VENUE
This Agreement is governed by and shall be construed and enforced under the laws of the State of California, without applying any conflicts of law principles that would require application of the law of any other jurisdiction. You agree that all actions or proceedings arising in connection with this Agreement shall be tried and litigated exclusively in the state or federal (if permitted by law and a party elects to file an action in federal court) courts located in Los Angeles, State of California.
Except as provided in this Agreement, any changes to this Agreement must be in writing and signed by The Company and you. If any provision of this Agreement is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall remain in force. The UN Convention on Contracts for the International Sale of Goods is expressly disclaimed. Our failure to act with respect to a breach by you or others does not waive our right to act with respect to subsequent or similar breaches. You may not assign or transfer this Agreement or your rights hereunder, and any attempt to the contrary is void, without written permission of The Company. This Agreement sets forth the entire understanding and agreement between The Company and you with respect to the Company, the Services and Gamesamba Games, and this Agreement supersedes all prior agreements (oral or written, if any) between the parties. Notwithstanding anything else in this Agreement, no default, delay or failure to perform on the part of The Company shall be considered a breach of this Agreement if such default, delay or failure to perform is shown to be due to causes beyond the reasonable control of The Company. All notice given by you or required under this Agreement shall be faxed to (909) 612-0679, Attention: Customer Support, and are effective on the date received.
YOU ACKNOWLEDGE THAT YOU HAVE READ AND ACCEPT THESE TERMS AND CONDITIONS BY PRESSING THE "I AGREE" BUTTON BELOW AND AGREED TO BE BOUND BY ITS TERMS AND CONDITIONS. IF YOU DO NOT AGREE TO THESE TERMS AND CONDITIONS, YOU MAY CHOOSE NOT TO BECOME A USER OF THE SERVICE BY PRESSING THE "I DO NOT AGREE" BUTTON BELOW AND YOU WILL NOT BE PERMITTED TO PLAY Gamesamba GAMES.
TERMS OF SERVICE
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.
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 © 2015 GameSamba.com 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.
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) Star Trek: Alien Domain, Star Trek: Alien Domain Incursion Tokyo Ghoule: Dark War, Attack on Titan: ASSAULT, Fairy Tail: Hero's Juorney;
(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.
Software Available from This Site
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.
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.
Star Trek: Alien Domain, Star Trek: Alien Domain Incursion Tokyo Ghoule: Dark War, Attack on Titan: ASSAULT, Fairy Tail: Hero's Juorney.
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.
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.
Disclaimer of Warranty and Limitation of Liability
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.
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.
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.
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.
GameSamba has the right to terminate this Agreement at any time.
GameSamba reserves the right to close down existing accounts without explanation.
GameSamba reserves the right to refuse any application without further explanation.
Automatic Newsletter Sign-Up
By signing up for a GameSamba account, you will be automatically signed up for our Newsletter. You may opt out of our Newsletter in the following ways:
During the Account Sign-up process, check the “I DO NOT wish to receive the GameSamba Newsletter”box.
After logging into your account on the GameSamba website, under the Account Settings/Personal Information, check the “I DO NOT wish to receive the GameSamba Newsletter”box.
There will be an Unsubscribe link in every Email Newsletter we send to you.