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GAMESAMBA WEB SITE TERMS AND CONDITIONS OF USE

PLEASE READ THESE TERMS AND CONDITIONS OF USE AND PRIVACY STATEMENT CAREFULLY BEFORE USING THIS Web Site.


By using this web site ("Web Site"), you signify your agreement to these Terms and Conditions of Use and Privacy Statement ("Terms and Conditions"). If you do not agree to all of these Terms and Conditions, do not use this site! GameSamba may revise and update these Terms and Conditions at any time. Your continued usage of the Web Site will mean you accept those changes. Failure to abide by these terms and conditions may result in disqualification, account closure, forfeiture of funds and/or legal action against you. If you do not agree to these terms and conditions, do not: create an account, continue usage of the web site, or download, install or use GameSamba software or games.

1. Use of Material or Technology on the Web Site

The information, artwork, text, video, audio, media files or pictures displayed or contained on the Web Site (collectively, the "Materials") and the software, technology and products, and any relevant documentation downloadable or accessible from the Web Site (the "Technology") are protected by copyright, patent, trademark and other laws under both United States and foreign laws.

Unless otherwise stated, you may only access, view and use the Materials or Technology for personal or educational, non-commercial purposes. You may not use the Materials or Technology for any other purpose or reproduce or modify the Materials or Technology without GameSamba's authorization. Except as authorized by GameSamba, you may not print, copy, download, reproduce, republish, post, transmit or distribute any of the Materials or Technology. You may print only one copy of the Materials for personal or educational, non-commercial purposes, and on the copy you must include the following copyright notice: "Copyright © 2010 GameSamba. All rights reserved." and any other copyright notice originally included with the Materials.

The Technology available on this Web Site may be licensed pursuant to separate license agreements, which will be presented to you prior to download or access of the Technology. All title and copyrights in and to the Technology, and any copies thereof, are owned by GameSamba and/or its suppliers. You may only access or download and use the Technology if you have agreed to, and comply with, the license agreement that is applicable to such Technology and your use of the Technology. Any unauthorized reproduction or redistribution of the Technology or Materials is expressly prohibited by law, and may result in severe civil and criminal penalties. You may not reverse engineer, disassemble, modify or decompile any Technology or Materials. Violators will be prosecuted to the maximum extent possible. COPYING OR REPRODUCTION OF THE TECHNOLOGY OR MATERIALS TO ANY OTHER Web Site OR LOCATION FOR FURTHER REPRODUCTION OR REDISTRIBUTION IS EXPRESSLY PROHIBITED WITHOUT THE PRIOR WRITTEN CONSENT OF GAMESAMBA. You may not attempt to "pass-off" any of GameSamba's Materials or Technology as your own work. Title to the Materials and Technology remains with GameSamba or its licensors. Any use of the Materials and Technology not expressly permitted by these Terms and Conditions or a separate agreement with GameSamba is a breach of these Terms and Conditions and may violate copyright, trademark, and other laws. All rights not expressly granted herein are reserved to GameSamba and its licensors. If you violate any of these Terms and Conditions or the applicable license, your permission to use the Materials and Technology automatically terminates and you must immediately destroy any copies you have made of any portion of the Materials or the Technology.

2. GameSamba Communication Features

GameSamba communication features (e.g. game room chat, message boards, forums, in-game chat, community areas, team pages) are services provided to members of Realms Online, Tribal Trouble 2, Remnant Knights, or any GameSamba published game title, past, present or future. By using any of GameSamba Communication Features, you agree to be bound by GameSamba Privacy Policy as well as this agreement. You understand that anything sent through or appearing in GameSamba 's Communication Features is the sole responsibility of those persons posting the message. This means that you, and not GameSamba, are entirely responsible for all information and material that you post there. GameSamba does not control the content of any postings in GameSamba Communication Features and does not guarantee the accuracy, integrity or quality of anything within them. You understand that by using GameSamba's Communication Features, you may be exposed to content that is offensive, indecent or objectionable. Under no circumstances will GameSamba be liable for any errors or omissions in any postings or for any loss or damages of any kind incurred as a result of the use of any information contained within GameSamba 's Communication Features.

GameSamba retains the right to terminate any account, including accounts created through our partners, of anyone who violates our rules below or on the site.

You agree not to do any of the following while using the Realms Online, Tribal Trouble 2, Remnant Knights, or any GameSamba published game title (past, present or future) or any other GameSamba provided game, platform, website, software, or in any communication feature provided by GameSamba:

a) transmit any message, information, data, text, software or graphic files, or other materials ("Content") that is unlawful, harmful, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, pornographic (pornography), libelous, that may be invasive of another's right of privacy or publicity, hateful, racially, ethnically or otherwise objectionable;

(b) impersonate any person or entity, including but not limited to, Realms Online, Tribal Trouble 2, Remnant Knights (or any other GameSamba game title) or GameSamba crew member, game master, administrator, guide or host or falsely state or otherwise misrepresent your affiliation with a person or entity;

(c) post or transmit any Content that you do not have a right to transmit under any law or under contractual or fiduciary relationships (such as nondisclosure agreements);

(d) post or transmit any Content that contains a virus or corrupted data;

(e) delete any author attributions, legal notices or proprietary designations or labels that you upload to a GameSamba Communication Feature;

(f) use a GameSamba Communication Feature in a manner that adversely affects the availability of its resources to other users (e.g., excessive shouting [use of all caps], flooding [continuous posting of repetitive text] or excessively large embedded images);

(g) post or transmit any unsolicited advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation;

(h) intentionally or unintentionally violate any applicable local, state, national or international law, rule or regulation; and

(i) upload or transmit any Content that infringes any patent, trademark, trade secret, copyright or other proprietary rights ("Rights") of any party.

By submitting (e.g., uploading or transmitting) Content to an GameSamba Communication Feature, you automatically grant GameSamba the royalty-free, perpetual, irrevocable, non-exclusive, and fully sub-licensable right and license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform and display such Content (in whole or part) worldwide and/or to incorporate it in other works in any form, media, or technology now known or later developed. In addition, you warrant that any and all so-called "moral rights" in the Content have been waived. GameSamba and our employees shall have the right, but not the obligation, in their sole discretion to edit, refuse to post, or remove any Content posted in any GameSamba Communication Feature. Without limiting the foregoing, GameSamba and its crew shall have the right to remove any Content that is in violation of the provisions hereof or otherwise objectionable. You agree to indemnify and hold GameSamba harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of your violation of these terms and conditions or your violation of any rights of another.

3. Software Available from This Site

(a) Any software that is made available to download from this Web site ("Software") is the copyrighted work of GameSamba and/or GameSamba development partners, and GameSamba has been fully licensed to operate and distribute such software. GameSamba and in association with GameSamba development partners hereby grants to you, the user, a personal, non-transferable license to use the Software for viewing and other use of this Web site in accordance with these terms of use, and for no other purpose. Please note that all Software, including, without limitation, all HTML code contained in this Web site, is owned by GameSamba and/or GameSamba development partners or suppliers and are subject to protection under various intellectual property laws, including copyright throughout the world. Unauthorized copying of the Software, or any portion thereof, is expressly forbidden. You may be held legally responsible for any infringement caused by your failure to abide by the terms of this Agreement. You may not modify, adapt, translate, reverse engineer, decompile, or disassemble the Software or create any derivative work thereof or any software interfacing with the Software.

(b) This Agreement authorizes you to use the Software on the single microcomputer in which the Software is installed. Title to the Software will at all times remain with GameSamba and third parties who have granted GameSamba the right to distribute portions of the Software.

(c) You may not (I) electronically transfer the Software from one computer to another over a network, distribute copies of the Software to others, (II) print, modify, adapt, translate, or create derivative works based on the graphics or written materials included in the Software without GameSamba's prior written consent which may be withheld, or (III) employ any means of circumventing any cheating protection mechanism included in the Software.

(d) The Software is delivered "as is" without any warranties. USE OF REALMS ONLINE, TRIBAL TROUBLE 2, REMNANT KNIGHTS, OR ANY OTHER GAMESAMBA SOFTWARE IS AT YOUR SOLE RISK.

(a) Purchase of Points Card. The Company may offer to sell to you on the Web Site, from time to time, GAME321 Points Card (The “Points Card”). Each Points Card represent certain amount of GAME321 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 GAME321 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.

(b) Return Policy. Electronic goods (including GAME321 Points Card) purchased on game321.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. GAME321 Points Card, once purchased, is not refundable, in whole or in part. If any payment is disputed or charged back, the associated GAME321 account(s) may be suspended, or terminated if any fraudulent activity is detected.

4. Sites Linked from the Web Site

GameSamba does not control sites linked from the Web Site. GameSamba does not endorse or assume any responsibility or liability for any communications or materials available at such linked sites, sites framed within the Web Site or third party advertisements. Additionally, GameSamba does not make any representations regarding the content or accuracy of such web sites. GameSamba does not intend links on the Web Site to be referrals or endorsements of the linked entities, and are provided for convenience only. Your use of third-party Web Sites is at your own risk and subject to the terms and conditions of use for such sites.

5. Payment:

Purchasing of GameSamba's Samba Coins and/or Any In-Game Currency Payments for any subscription term or pay-per-use (purchase of Samba Coins GameSamba's Universal Game Currency and/or any In-Game Currency) are paid in advance and are not refundable in whole or in part. Sales tax is included for Washington State residents only.

6. Disclaimer of Warranty and Limitation of Liability

(a) GameSamba Defined
For purposes of this section, "GameSamba" shall include GameSamba, and its divisions, subsidiaries, successors, parent companies, and their employees, partners, principals, agents and representatives, its licensors and suppliers, and any third-party providers or sources of information or data.

(b) Disclaimer of Warranty
You expressly acknowledge and agree that your use of the Materials and any Technology is at your own risk. Materials and Technology are provided "AS IS", without warranties of any kind. GAMESAMBA, TO THE FULLEST EXTENT ALLOWED BY THE LAW, EXPRESSLY DISCLAIMS ANY / ALL WARRANTIES, EITHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT OF THIRD PARTIES' RIGHTS, AND FITNESS FOR PARTICULAR PURPOSE. GAMESAMBA SHALL HAVE ABSOLUTELY NO LIABILITY IN CONNECTION WITH THE MATERIALS OR TECHNOLOGY INCLUDING WITHOUT LIMITATION, ANY LIABILITY FOR DAMAGE TO YOUR COMPUTER HARDWARE, SOFTWARE, DATA, BUSINESS OR ANY OTHER MATTER RESULTING FROM THE MATERIALS OR THE TECHNOLOGY, OR THE LACK OF INFORMATION IN ANY WAY RELATING TO SAME ON THE Web Site.

(c) Limitation of Liability
YOU AGREE THAT UNDER NO CIRCUMSTANCES SHALL GAMESAMBA NOR ANY PERSON OR ENTITY INVOLVED IN CREATING, PRODUCING OR DISTRIBUTING ANY CONTENT OR SERVICES OFFERED BY GAMESAMBA, BE LIABLE FOR ANY LOSSES OR DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, INCIDENTAL AND CONSEQUENTIAL DAMAGES, PERSONAL INJURY/WRONGFUL DEATH, LOST, PROFITS, OR DAMAGES RESULTING FROM LOST DATA OR BUSINESS INTERRUPTION), RESULTING FROM THE ACCESS TO, USE OF, OR RELIANCE ON, THE Web Site, THE MATERIALS OR THE TECHNOLOGY WHETHER BASED ON WARRANTY, CONTRACT, TORT OR ANY OTHER LEGAL THEORY, WHETHER OR NOT GAMESAMBA IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

7. Indemnity

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.

8. General

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.

9. Jurisdiction

You expressly agree that exclusive jurisdiction for any dispute with GameSamba, or in any way relating to your use of the Web Site, resides in the courts of the State of Washington and you further agree and expressly consent to the exercise of personal jurisdiction in the courts of the State of Washington in connection with any such dispute including any claim involving GameSamba or its affiliates, subsidiaries, employees, contractors, officers, directors, telecommunication providers and content providers.

These Terms and Conditions are governed by the internal substantive laws of the State of Washington, without respect to its conflict of laws principles. If any provision of these Terms and Conditions is found to be invalid by any court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms and Conditions, which shall remain in full force and effect. No waiver of any of these Terms and Conditions shall be deemed a further or continuing waiver of such term or condition or any other term or condition.

10. U.S. Government End Users

Any Technology which is downloaded or accessed from the Web Site for or on behalf of the United States of America, its agencies and/or instrumentalities ("U.S. Government"), is provided to the U.S. Government as "commercial item," as that term is defined at 48 C.F.R. 2.101 (Oct. 1995), consisting of "commercial computer software" and "commercial computer software documentation," as such terms are used in 48 C.F.R. 12.212 (Sept. 1995). Consistent with 48 C.F.R. 12.212 and 48 C.F.R. 227.7202-1 through 227.7202-4 (June 1995) (or an equivalent provision, e.g., in supplements of various U.S. government agencies, as applicable), and all U.S. Government End Users acquire the Technology with only those rights set forth in the applicable license agreement.

11. Notification

You expressly agree to allow GameSamba to send notification and/or alert messages via email to your registered GameSamba account email address.

12. Feedback

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.

13. Termination

(a) GameSamba has the right to terminate this Agreement at any time.

(b) GameSamba reserves the right to close down existing accounts without explanation.
(c) GameSamba reserves the right to refuse any application without further explanation.

GAMESAMBA PRIVACY POLICY

Contents

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 or GameSamba.net 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.

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:

1.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 support@GameSamba.com

2. We respond to subpoenas, court orders, or legal process, or to establish or exercise our legal rights or defend against legal claims.

3. We believe it is necessary to share information in order to investigate, prevent, or take action regarding illegal activities, suspected fraud, situations involving potential threats to the physical safety of any person, violations of GameSamba's terms of use, or as otherwise required by law.

4. We transfer information about you if GameSamba is acquired by or merged with another company. In this event, GameSamba will notify you before information about you is transferred and becomes subject to a different privacy policy.

Passive Means to Collect Information

To permit your efficient use of our websites, products and services, GameSamba uses cookies (small files stored in your computer), which let us know how you accessed our web site(s) and let us know that you are a prior customer (so that you will not have to re-enter all of the information previously provided to us every time you access our sites). GameSamba (or third parties on our behalf) may also use web beacons, which are transparent images that have been placed on a web page or an e-mail message, and send a signal that allows us to determine when a page has been visited, or an e-mail opened. Web beacons do not contain or collect personal information. The information that we do collect is used to allow us to better understand our customers' usage patterns, and to help us determine how they accessed our website(s). This information, in turn, allows us to improve our products to better meet your needs, and to enhance our communications with you.

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.

Changes to this Privacy Policy

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 support@gamesamba.com.