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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]