đźź°
These Terms and Conditions (the “Terms”) is a legal and binding agreement between you (“Users”, “User”, “you” or “your’) and E.Samir. (“E.Samir”, “we” or “us”) and governs your use of the E.Samir's websites (“Websites”) or downloadable games and/or applications that link to these Terms and Conditions ("Apps") (collectively, the "Services").
By (purchasing), downloading, installing or using our Services, YOU ACKNOWLEDGE THAT YOU HAVE READ THIS AGREEMENT AND AGREE TO BE BOUND BY ITS TERMS AND CONDITIONS. If you do not agree to these Terms, do not purchase or use the Services.
PLEASE REVIEW E.Samir’s PRIVACY POLICY, WHICH IS INCORPORATED INTO THESE TERMS BY REFERENCE. BY ACCEPTING THESE TERMS, YOU ARE ALSO ACCEPTING THE PRIVACY POLICY.
1.1. Subject to these Terms we grant you a personal, non-transferable, non-assignable, non-exclusive, revocable and limited license to use our Services for your personal, non-commercial use. The Services may be modified from time to time, without prior notice. We may, at our own discretion, cease totally or partially, and/or permanently or temporarily the provision of the Services without prior notice.
1.2. You may not, and will not permit or authorize third parties to:
- modify, translate, reverse-engineer or do anything that might discover source code or bypass or circumvent measures employed to prevent or limit access to any part of our Services, reverse-compile or decompile, disassemble, create derivative works of, or use data gathering or extraction tools in connection with the Services;
- reproduce, duplicate, copy, sell, resell, or otherwise exploit the Services, in whole or in part, for any purpose without our express written consent;
- frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layouts, or forms) without the express written consent of the respective owner;
- use any data mining tools or automation tools such as spiders, crawlers, scripts, bots, or any automated method of recording information in connection with the Services; (e) use any meta-tags or any other "hidden text" utilizing the name "E.Samir," the names of any game or related characters, its affiliates, partners or artists without our express written permission;
- engage in any conduct in connection with the Services that may be considered illegal or tortious including, without limitation, "hacking" the Services, or infringing the intellectual property or other proprietary rights of E.Samir or third parties;
- take any action intended to circumvent or disable the operation of any security feature or measure of the Services;
- use the Services in any manner that is not authorized by these Terms.
1.3. The Services may include measures to control access to the Services (including age controls), prevent unauthorized copies, or otherwise attempt to prevent anyone from exceeding the limited rights and licenses granted under these Terms. You may not take any action to circumvent or defeat such security features. If you disable or otherwise tamper with the technical protection measures, your license to use the Services will be automatically revoked.
1.4. Any use of our Services other than as specifically authorized herein, without our prior written permission, is strictly prohibited and will terminate the license granted herein.
2.1. You must be at least 13 years of age to access the Services and Content.
If you do not receive a pop-up that asks for your age when you first access an App or a Website, then by using the Services and your continued access to such Services, you are affirming to E.Samir that you are at least 16 years old.
If you do receive a pop-up that asks for your age when you first access an App or when accessing a Website:
- If you are under 18 years of age (or have not reached the age of a legal adult where you live, if that is not 18 years of age) you affirm that you have reviewed these Terms with your parent or guardian and they agree to these Terms on your behalf and take full responsibility for your compliance with these Terms.
- If you do not have permission from your parent or guardian, certain features and functionality of the Services may be disabled.
2.2. The Services may show ads that are customized to match the content, information, or questions on the Services. When you agree to use the Services provided by E.Samir, you understand that E.Samir and its partners can display these ads on the Services, even if the content or information was not submitted by you or other users.
2.3. You may be required to register an account before using certain Services ("Account"). You may also be required or have the option to access the Services through a social networking service ("SNS"). Your Account is personal to you, and you may not rent, lease, sell, trade, gift, bequeath, or otherwise transfer it to anyone else. You agree to provide true and complete information about yourself when you register your Account and to keep it up to date.
2.4. You must maintain the security of your account and account credentials, and you are responsible for any activities on your account and promptly notifying us if you discover or suspect that someone has accessed your account without your permission. We encourage Users to use strong passwords (passwords that use a combination of upper and lower-case letters, numbers and symbols) with the accounts. We cannot and will not be liable for any loss or damage arising from Users’ failure to comply with the above.
2.5. E.Samir does not authorize use of automated methods to sign up for an Account, and E.Samir reserves the right to immediately terminate your access to the Services or your Account if you breach these Terms or otherwise violate any applicable law, rule, or regulation in your jurisdiction.
2.6. You are responsible for the internet connection and/or mobile charges that you may incur for accessing and/or using the Services.
2.7. In addition to these Terms, we may ask you to accept additional terms that apply to specific features, promotions, products or services (including, but not limited to, posted fees, billing procedures, promotion rules, subscription services, special sections or functions of the application). To the extent any additional terms conflict with these Terms, the additional terms govern with respect to your access to or use of the applicable feature, promotions, product or service.
- Please refer to our PRIVACY POLICY to learn more about how we collect, use and disclose your personal information.
3.1. The Services may include an opportunity for you to earn, buy or otherwise obtain in-game currency, also referred to as virtual coins ("Virtual Currency") to access virtual, in-game digital goods or items ("Virtual Items"). Methods of obtaining Virtual Currency are at E.Samir sole discretion. Virtual Currency is not real currency, does not have monetary value, and may not be redeemed for legal currency, or items of value outside of the Services.
Virtual Currency and Virtual Items obtained via the Services are provided to you under a limited, personal, revocable, non-transferable, non-sublicensable license to use within the Services. You have no property interest, right or title in or to any Virtual Currency or Virtual Items appearing or originating in the Services, and they may not be transferred or resold in any manner, including, without limitation, by means of any direct sale or auction service.
E.Samir has no liability for hacking or loss of your Virtual Currency or Virtual Items or any goods or services obtained via Virtual Currency. E.Samir has no obligation to, and will not, reimburse you for any Virtual Currency or Virtual Items obtained with Virtual Currency. E.Samir reserves the right, in its sole discretion and without prior notification, to change or limit the price, availability, or order quantity of any Virtual Currency or Virtual Items and to refuse to provide you with any Virtual Currency or Virtual Items.
Virtual Currency may have an expiration date. Virtual Currency and Virtual Items may be forfeited if: (a) your Account or access to the Services is terminated or suspended for any reason; (b) you breach these Terms; (c) E.Samir discontinues availability of any of the Services; or (d) you disassociate from the Services.
3.2. Your purchase of Virtual Items through digital distribution platforms, which act as third-party payment processors, is subject to those platforms’ payment terms and conditions and we are not a party to the transaction. We do not control how you can pay or how any refunds may be issued on those platforms. Please review those platforms’ terms of service for additional information. You can find the full list of payment processors in our Third Parties policy. You represent and warrant that you are authorized to use the payment method you use to purchase Virtual Items. You authorize the applicable platform to charge your payment method for the total amount of your purchase (including any applicable taxes and other charges). If the payment method cannot be verified, is invalid or is otherwise not acceptable, your order may be suspended or canceled. You must resolve any problem encountered in order to proceed with your order.
4.1. All materials and contents displayed, included, incorporated, uploaded, posted, published, contributed, performed and/or used on our Services, including, without limitation, any games, quizzes, lists, feeds, text, graphics, logos, photographs, images, software, audio, video, animations and themes (collectively, "Content"), other than the User Content (as defined below), are:
(i) the sole property of E.Samir and/or third parties (as applicable),
(ii) protected by applicable intellectual property rights, including copyright laws, and
(iii) intended solely for the personal use of Users and may only be used in accordance with the Terms hereof.
4.2 All trademarks, service marks, and trade names (including the company name and logo), whether registered or not, are proprietary of E.Samir and/or third parties and you may not use, copy, reproduce, modify, distribute, use for commercial purposes, create derivative works, imitate, remove, alter, register, claim ownership over them, in whole or in part, without our or relevant third party’s prior written permission. In addition to any right or remedy available to E.Samir in accordance with any applicable law, Users shall abide by all copyright notices, information, and restrictions contained in any Content accessed through the Services.
5.1 The Services may allow you to upload, publish and store content ("User Content"), including, but not limited, to questions, question images, comments, User Profile pictures and names.
All User Content uploaded, published, incorporated or otherwise contributed to the Services by User shall be owned by User (as between the parties hereto), but you are hereby granting us an irrevocable, perpetual non-exclusive, worldwide, royalty-free, fully paid, sub-licensable right and license to use, exploit, copy, download, publish, display, make available to the public, distribute, amend, modify, create derivative works and store such User Content and to allow others to do so for any purpose, including in order to provide or enable the Services (collectively the “User Licenses”).
For the avoidance of doubt, such license shall remain in full force and effect also after the termination of User’s use of the Services, for any reason whatsoever.
5.2 User warrants and represents that:
- User Content is accurate, complete, up-to-date, and in compliance with all applicable laws, rules and regulations; and
- User has the full and unrestricted right and authority to grant User Licenses to us and upload, post, incorporate and publish User Content though the Services, all without revealing trade secrets of others without the owner’s permission, infringing or violating any copyrights, privacy rights, publicity rights, trademarks or any other contractual, intellectual property or proprietary of any third party. We respect the intellectual property of others and take the protection of copyrights and any other intellectual property rights very seriously, and we ask our users to act the same.
- User may not promote violence against, threaten, or harass other people on the basis of race, ethnicity, national origin, caste, sexual orientation, gender, gender identity, religious affiliation, age, disability, or serious disease.
6.1. We may offer third-party products through the Services. For Users’ convenience, we may provide links to certain third parties' websites, applications or features or referrals to certain third parties’ products or services that are beyond our control. You assume all risks and liabilities associated with the use of any such third-party products. Additionally, your rights and obligations regarding such products or services will be governed by the separate terms of use and privacy policies of the applicable third-party provider.
6.2.We are not responsible for the availability of such external third-party websites or resources and will not be responsible or liable for any content, advertising, products, or other materials on or available from such third-party websites or resources.
6.3. We do not make any representation or warranty whatsoever about such third party's websites, services, products or content. We also do not endorse and cannot ensure that you will be satisfied with any products or services that you purchase or download from such third parties, and are not responsible or liable in any manner for your interaction with such third parties. We strongly encourage you to make whatever investigation you feel necessary or appropriate before proceeding with any online or offline transaction with any third parties.
The license granted to Users under these Terms is effective until terminated. We may terminate or suspend your license, account and access to the Services and/or to specific Content immediately, without prior notice or liability, if User breaches, or fail to comply with, any of the terms hereof, or in any case of fraudulent, abusive, or otherwise illegal activity. In which case, User’s right to use the Services and access any Content will immediately cease. All provisions of these Terms which by their nature should survive termination (including, without limitation, ownership provisions, warranty disclaimers, and limitations of liability) shall remain in full force and effect following termination thereof, for any reason whatsoever. Termination of User’s access to and use of the Services shall not relieve User of any obligations arising or accruing prior to such termination or limit any liability which User otherwise may have to us, including without limitation any indemnification obligations contained herein.
TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ANY RESPONSIBILITY OR LIABILITY FOR THE ACCURACY, RELIABILITY, AVAILABILITY, COMPLETENESS, OR OPERABILITY OF THE MATERIAL, CONTENT OR SERVICES PROVIDED. BY USING THE SERVICES, YOU ACKNOWLEDGE AND AGREE THAT WE ARE NOT RESPONSIBLE OR LIABLE FOR ANY HARM, LOSS AND/OR DAMAGE (INCLUDING, BUT NOT LIMITED TO LOSS OF PROFITS, SAVINGS, REVENUE OR DATA) RESULTING FROM AND/OR IN CONNECTION WITH THE USE AND/OR ACCESS THEREOF, INCLUDING WITHOUT LIMITATION, ANY HARM, LOSS AND/OR DAMAGE THAT:
- RESULTS FROM THE SUSPENSION, MODIFICATION, DISCONTINUANCE OR LACK OF AVAILABILITY OF THE SERVICES;
- RESULTS FROM UNAUTHORIZED USE, TEMPORARY OR PERMANENT NON-PERFORMANCE OF THE SERVICES, ERRORS OR OMISSIONS (INCLUDING, WITHOUT LIMITATIONS, DUE TO MAINTENANCE, UPGRADES AND REPAIRS OR DUE TO FAILURE OF TELECOMMUNICATIONS LINKS AND EQUIPMENT);
YOUR SOLE AND EXCLUSIVE RIGHT AND REMEDY IN CASE OF DISSATISFACTION WITH THE SERVICES OR ANY OTHER GRIEVANCE SHALL BE YOUR TERMINATION AND DISCONTINUATION OF ACCESS TO, OR USE OF THE SERVICES.
You agree to hold harmless, indemnify and defend us from any liability, cost, damage and expense (including reasonable legal fees) caused due to and/or by your access to the Services, use of the Services, violation of these Terms, or violation or infringement of any rights (including, without limitation, copyrights and/or other intellectual property rights) of a third party through use of the Services.
Users acknowledge and agree that we may collect certain data and other information about User through the Services. Our collection and use of such information is governed by our Privacy Policy. By using our Services, you acknowledge that you have also reviewed our Privacy Policy and agree to be bound by its terms and conditions.
These Terms, along with our Privacy Policy, constitute the entire agreement between E.Samir and you, with respect to the use of the Services licensed hereunder, and supersede all prior or contemporaneous understandings regarding such subject matter.
We may update our Terms from time to time, and to ensure you are informed about any such changes, we always update the Last Updated date at the top of this Terms. Changes to this Terms are effective when they are posted on this page.
If we make material changes to this Terms, we may notify you by posting a notice on the Services, sending it via email to your email address you shared with us in the course of using the Services or through other appropriate communication channels.
We recommend that you review our Terms periodically to make yourself aware of the updates or changes that have been made. Your continued use of the Services will signify your acceptance of the changes to our Terms.
If any modification is unacceptable to you, you may cease using our Services. If you do not cease using our Services, you will be deemed to have accepted those modifications.
If you have questions regarding these Terms, please contact us via any of these channels of communication:
1. Fill out our Contact Us form
2. Send an email to [email protected]