1. About Us
1.1 Welcome to App Samurai Inc., with its registered office at 845 Market St Ste 450 SAN FRANCISCO, California 94103-1938 United States. Hereinafter App Samurai Inc. and affiliated companies will be referred to as “App Samurai”.
2. Registration and Account
App Samurai offers a great variety of games on its portals and on other platforms such as application stores. These games are free to play unless indicated otherwise. However, you are solely responsible for any costs you may incur using the Service through any wireless or other communication service. In certain games you may purchase virtual items (such as a virtual game element or virtual coins) or a subscription to download a game. For the processing of any payments on the App Samurai Sites or any other platform, App Samurai may use third party payment providers as set out in Section 6.
2.2 You may create an account on the Service (“Account”). By creating an Account, you confirm that you are 16 years of age or older.
2.3 A username is a unique identifier either selected by you or provided by us, and is used to identify you on the Service. You may only have one account on the App Samurai Sites and one account per game. App Samurai reserves the right to delete any of your accounts, in case you have multiple accounts. You may not sell, rent or give away your Account, create an Account using a false identity or information, or on behalf of someone other than yourself. Please notify us immediately if your Account has been subject to unauthorized access and modify your login details immediately. You are solely responsible for maintaining the confidentiality of the login details, and for any purchases made through your Account, whether or not authorized by you. If you provided us with contact information, you shall keep it accurate and up-to-date. You shall only use your Account for non-commercial purposes.
2.4 App Samurai reserves the right to terminate and permanently deactivate your Account if it has been inactive for 180 days. In case of deactivation, we have no obligation to retain or provide any data or content related to, or refund any payments made through your (former) Account, and we may allow another user to register and use your former username. We also have no obligation to remove any public data, content, or other information that you uploaded or posted on the Service.
3. User Generated Content
3.1 The Service may contain content from players (“User Generated Content”), such as messages, wall posts, opinions comments, pictures, or graphics. We are not actively involved in the creation nor publication of such User Generated Content, and we do not endorse any User Generated Content, nor do we warrant that such content does not infringe any third party rights or is not (otherwise) unlawful. Your use of the Service is at your own risk. By using the Service, you may be exposed to User Generated Content that is offensive, indecent or otherwise not in line with your expectations. You bear all risks associated with the use of any User Generated Content available in connection with the Service. App Samurai is not responsible nor liable for any User Generated Content. We do however appreciate it if you report any irregularities that you encounter regarding User Generated Content via infor@App Samurai.com. We may subsequently take action against the reported User Generated Content, as we deem – at our own discretion – appropriate under the given circumstances.
3.2 If you submit any User Generated Content yourself, you grant App Samurai a non-exclusive, irrevocable, perpetual, transferable, fully paid-up, royalty-free, worldwide license (including the right to sublicense and assign to third parties) to use, publish, reproduce, distribute, adjust, prepare derivative works of, or otherwise exploit in any manner whatsoever such submitted User Generated Content, or any portion thereof, by any and all means and in all forms of media, now known or hereafter developed. To the extent permitted by applicable laws, you hereby waive any moral rights or rights of publicity or privacy you may have regarding such User Generated Content.
3.3 Without prejudice to 3.2, you will retain possible ownership in your User Generated Content. We reserve the right to monitor any User Generated Content and your activities in connection with the Service, but cannot monitor or prescreen all of the User Generated Content and do not attempt to do so. We have the right, but not the obligation, to edit, refuse to post, or remove any User Generated Content posted on the Service at our own discretion, for any reason whatsoever at any time.
3.4 If you submit any User Generated Content to the Service, you:
- acknowledge and agree that every user of the Service may have access to such User Generated Content, and that App Samurai has no control over that information or what users do with it;
- warrant that you are authorized to do so and to grant App Samurai the license referred to in 3.2, and that such content does not infringe any third party rights, including but not limited to any intellectual property rights, and does not violate any applicable law. You indemnify App Samurai against any third party (among which any authorities) claims, related costs and damages in this respect.
3.5 Upon first request, you will cooperate with App Samurai to investigate any suspected unlawful, fraudulent or improper User Generated Content (whether from yourself or another player) or other activities on the Service. You indemnify App Samurai and its officers, directors, agents, subsidiaries, joint ventures and employees) against any claims, related costs and damages arising out of or in any way connected with any disputes with Service users or other third parties that may arise on, or in connection with the Service.
4. Advertisements and Third Party Content
4.1 When providing you with our games on the Service we may display advertising before, in, after or around such games. Any dealings you engage in with any advertisers via our Service are between you and the advertiser, and subject to additional terms and conditions from such advertiser (if any). App Samurai is not liable for any loss or claim you may have against any advertiser.
4.2 The Service may include links to websites of third parties, including links provided as automated search results. The existence of such links does not mean that we endorse these third-party sites or services. You acknowledge and agree that we are not responsible or liable for any content or other materials on these third-party sites.
5. Conduct on the Service
5.1 You may use the Service offered on it only for lawful, personal, non-commercial purposes. To the extent any content is available for downloading, such content may only be downloaded for personal use, and may not be further reproduced or distributed. Any download is subject to the rules that accompany that particular content.
5.2 You may not:
i) engage in any act that App Samurai deems to be in conflict with the spirit or intent of the Service
ii) use cheats, exploits, automation software, bots, hacks, mods or any unauthorized third-party software designed to modify or interfere with the Service.
iii) use the Service in a manner that exceeds the rights granted for your use;
iv) use the Service for any data mining, robots, or similar data-gathering and -extraction tools on the content; frame any portion of the Service
v) reproduce, copy, adjust, display, modify, translate, port, publish, (sub)license, transfer, or otherwise distribute or exploit the content available on the Service without our prior written consent;
vi) reverse engineer, decompile, disassemble, decipher or otherwise attempt to derive the source code for any underlying software or other intellectual property used to provide the Service, or to obtain any information from the Service using any method not expressly permitted by App Samurai.
vii) offer any form of advertising or promotion on the Service without our prior written consent;
viii) provide any false personal information, or any information, content, or material on account of a third party without permission;
ix) transmit, directly or indirectly, any unsolicited bulk communications (including emails and instant messages) through the Service;
vii) use the Service in a manner that could damage, disable, or overburden our servers or networks;
x) interfere with any other party’s use and enjoyment of the Service; or
xi) circumvent any mechanisms included in the Service for preventing the unauthorized reproduction or distribution of any content on the Service.
5.3 You may not submit or transmit through the Service any information, content, or material or otherwise engage in any conduct that:
i) violates or infringes the rights of others, including, without limitation, patent, trademark, trade secret, copyright, publicity, or other proprietary rights;
ii) is unlawful, threatening, abusive, harassing, defamatory, libelous, deceptive, fraudulent, invasive of another’s privacy, tortuous, contains explicit or graphic descriptions or accounts of sexual acts, or is pornographic;
iii) victimizes, harasses, degrades, or intimidates an individual or group of individuals on the basis of religion, gender, sexual orientation, race, ethnicity, age, or disability;
iv) impersonates any person, business, or entity, including App Samurai and its employees and agents;
v) contains viruses or any other computer code, files, or programs that interrupt, destroy, or limit the functionality of any software or hardware or telecommunications equipment, or that otherwise permit the unauthorized use of a computer or computer network;
6. Virtual items and in-game purchases
6.1 Within certain games on the Service you may purchase a limited, personal, non-transferable, non-sublicensable, revocable license for virtual items (such as a virtual game element or virtual coins), game progress, or a subscription to (download) a game (hereinafter together referred to as “Paid Services”), provided that you have registered an Account on the Service. You may only purchase Virtual Items from us or our authorized partners through the Service, and not in any other way. App Samurai may manage, regulate, control, modify, eliminate or change the price of virtual items and/or services at any time, with or without notice. App Samurai shall have no liability to you or any third party if App Samurai exercises any such rights. The transfer of virtual items is prohibited except where expressly authorized in the Service. Other than as expressly authorized in the Service, you shall not sell, redeem or otherwise transfer virtual items to any person or entity, including but not limited to App Samurai, another user or any third party.
Any purchases via the Service require you to enter into an agreement with either App Samurai or the relevant Payment Service Provider (“PSP”) to carry out the payment (you will see on the payment screen which PSP you are concluding the transaction with). As a parent/legal guardian you are responsible for any payments made via credit card or other payment instrument (e.g. phone, SMS, Paypal) on the Service by a minor.
6.2 If you purchase Paid Services via the Service, you will have no right to cancel your purchase and claim back any payments as your use commences upon supply, regardless of the moment your first spent your virtual items in a game.
6.3 App Samurai and/or its licensors may manage, regulate, control, modify or eliminate Paid Services at any time, with or without notice. App Samurai and/or its licensors shall not be liable to you or any third party in such event.
6.4 Once a payment has been made for a Paid Service via the Service, there is no right to a refund. App Samurai reserves the right to cancel and delete all, or a part of (the balance of) the Paid Services you purchased on the Service if:
- you have not used your Account for 180 consecutive days, as referred to in 2.4 above;
- if we do no longer offer the content or Service that the (balance of) the Paid Services relates to, subject to prior notice by App Samurai to that extent;
There is no right for refund or other compensation for unused Paid Services in this respect.
If a Paid Service becomes unavailable following a transaction but prior to download, your sole remedy is limited to a refund of the price paid for the unavailable virtual product. If technical problems prevent or unreasonably delay delivery of your virtual product, your exclusive and sole remedy is either replacement or a refund of the price paid, as determined by App Samurai.
We will accept your return of products that are not virtual products (e.g., virtual goods, subscriptions and game progress are virtual products) purchased through the Service as long as the products and packaging are returned in their original condition within thirty (30) days of shipment to you. When we ship you physical products, we will include a return authorization form that you need to enclose along with anything you send back to us. Virtual products are non-refundable, and non-returnable except, in our sole and absolute discretion.
7. Proprietary rights
7.1 The Service includes a variety of content, marks, data, works, and material of App Samurai and third parties (hereinafter together referred to as the “Content”), including but not limited to logo’s, trademarks, look&feel, trade names, software, games, layouts, information, text, data, music, video, images, scripts, designs, graphics, button icons, instructions, and illustrations.
Unless otherwise specified in writing, all Content is owned, controlled, or licensed by App Samurai or its licensors. All Content is copyrighted under copyright laws and/or other intellectual property laws protecting it from unauthorized use. The Trademarks, the logos and designs may not be used without App Samurai express written permission. You agree not to copy, redistribute, publish or otherwise exploit any Content in violation of the intellectual property rights of App Samurai or any other third party.
Notwithstanding anything to the contrary herein, you acknowledge and agree that you shall have no ownership or other proprietary rights in the Account. All right in and to the Account are and shall remain owned and inure to the benefit of App Samurai.
7.3 The Service is continuously evolving and App Samurai may require that you accept updates to the Content and the Service. Such update may take place with and without notification.
8. Disclaimer of warranties and limitation of liability
8.1 We provide the Service ‘AS IS’, with all faults and as available. We and our licensors make no express warranties or guarantees about the Service. App Samurai is not obligated to supply any support whatsoever. To the extent permitted by law, we and our suppliers disclaim implied warranties that the Service is merchantable, of satisfactory quality, accurate, timely, fit for a particular purpose or need, and non-infringing. We do not guarantee that the Service will meet your requirements or will be error-free, reliable, without interruption, or available at all times. We do not guarantee that the results that may be obtained from the use of the Service (including any support services) will be effective, reliable, or accurate or will meet your requirements. We do not guarantee that you will be able to access or use the Service (either directly or through third-party networks) at times or locations of your choosing. No oral or written information or advice given by a representative of App Samurai shall create a warranty. We may discontinue or change any service or feature of the Service at any time and without notice. You may have additional consumer rights under your local laws that this contract cannot change and that App Samurai will adhere to.
8.3 We make no representation that any Service is appropriate or available for use in locations outside the USA. If you choose to access the Service from a location outside the USA, you do so on your own initiative and you are responsible for compliance with local laws.
The foregoing does dot prejudice the limitations of liability and the indemnifications, elsewhere in these terms conditions.
8.4 If in your view any copyright or other intellectual property right (“IP right”) that you may have is being infringed by/on the Service, please inform us of hereof immediately, thereby providing us with:
- the electronic or physical signature of the owner of the IP right or the person authorized to act on the owner’s behalf.
- a description of the IP right that you claim has been infringed and a description of the infringing activity.
- identification of the location where the original or an authorized copy of the copyrighted work exists, for example the URL of the website where it is posted or the name of the book in which it has been published or in case of a registered brand name, an excerpt of such register evidencing the registry.
- if you are not the owner of the IP right, a copy of a license in which you are granted the right to use and to protect such IP right.
- identification of the URL or other specific location on this site where the material that you claim is infringing is located; this information must be specific enough in order to enable us to localize such material.
- your name and full contact details.
- a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law.
Except for, and without prejudice to your full liability and indemnification obligations set forth in this Agreement, App Samurai shall not be liable for any lost profits, or any form of special, incidental, indirect, consequential or punitive damages arising out of or related to this agreement.
Upon a request by us, you agree to defend, indemnify, and hold harmless us and our parent and other affiliated companies as well as any respective employees, contractors, officers, directors, and agents from all liabilities, claims, and expenses, including attorney’s fees that arise from your use or misuse of the Service. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will cooperate with us in asserting any available defenses.
10.2 You agree that we may electronically provide to you required notices, agreements, and other information concerning the Service. If you no longer agree to receive notices electronically, please cease using the Service and/or expunge the Service from your computer or device.
10.4 These terms and conditions are governed by US Federal law. Any claims or dispute that may arise in connection with these terms and conditions or the use of the Service will be submitted to the competent court in San Francisco, CA, unless otherwise agreed upon by App Samurai and/or another dispute resolution forum is available pursuant to mandatory consumer law. If a dispute arises between you and App Samurai, we strongly encourage you to first contact us directly to seek a resolution. You can contact us via info@AppSamurai.com.
10.5 App Samurai shall not be deemed in default hereunder for any cessation, interruption or delay in the performance of its obligations due to causes beyond its reasonable control, including but not limited to: earthquake, flood, or other natural disaster, act of God, labor controversy, civil disturbance, war (whether or not officially declared) or the inability to obtain sufficient supplies, transportation, or other essential commodity or service required in the conduct of its business, or any change in or the adoption of any law, regulation, judgment or decree (each a “Force Majeure Event”).
You irrevocably waive all rights to seek injunctive or other equitable relief, or to enjoin or restrain the operation of the Service or any of App Samurai’s games, exploitation of any advertising or other materials issued in connection therewith, or exploitation of the Service or any content or other material used or displayed through the Service and agree to limit your claims to claims for monetary damages.