Terms of Service
1. Your Acceptance
- By using and/or visiting this website (collectively, including all content and functionality available through the samgine.com domain name, the “Samgine Website”, or “Website”), you signify your agreement to (1) these terms and conditions (the “Terms of Service”), (2) Samgine’s privacy notice, found at http://samgine.com/privacy-policy.html and incorporated here by reference. BY USING THE SITE, YOU AGREE TO THESE TERMS OF SERVICE; IF YOU DO NOT AGREE, DO NOT USE THE SITE.
- Although we may attempt to notify you when major changes are made to these Terms of Service, you should periodically review the most up-to-date version http://samgine.com/terms-of-service.html. Samgine may, in its sole discretion, modify or revise these Terms of Service and policies at any time, and you agree to be bound by such modifications or revisions. Nothing in this Agreement shall be deemed to confer any third-party rights or benefits.
2. Samgine Website
- These Terms of Service apply to all users of the Samgine Website. The Samgine Website includes all aspects of Samgine, including but not limited to all online puzzles and games, ebooks, downloadable games, iPhone games, products, software and services offered via the website.
- You agree to not engage in the use, copying, or distribution of any of the Content other than expressly permitted herein.
3. Samgine Store
- All purchases are full and final and no refunds or rebates are offered.
- If you experience technical difficulties and cannot access the products you have purchased contact Samgine here.
- The online games need an internet connection to be played
- To play an online game you will need to access it through your dashboard. To view your dashboard you will have needed to register and be logged in using your User ID and password.
4. Samgine Accounts
- In order to access online puzzles and games that you have purchased from the Web site, you will have to register with Samgine. You may never use another’s account without permission. When creating your account, you must provide accurate and complete information. You are solely responsible for the activity that occurs on your account, and you must keep your account password secure. You must notify Samgine immediately of any breach of security or unauthorized use of your account.
- Although Samgine will not be liable for your losses caused by any unauthorized use of your account, you may be liable for the losses of Samgine or others due to such unauthorized use.
- By registering and creating an account with Samgine you agree to comply with all these terms. If you do not agree with these terms, do not create an account.
- Services. Samgine is an internet service that allows you to play online puzzles and games. In addition the Samgine web site sells products through its store.
- Age Requirement. You must be at least thirteen (13) years of age to register with Samgine. You represent, warrant and covenant that you meet this age requirement.
- Access. You must have access to the Internet in order to use Samgine. It is your responsibility to select, obtain and pay for any equipment or services necessary for access.
- Registration. If you accept the terms, Samgine will process your registration form and establish a user account.
You must select a user ID to identify you to Samgine. You may not select as your User ID the name of another living person (unless it is also your name), a name for the purpose of fraud or disparagement, or a name that violates any third party’s trademark right, copyright, or other proprietary right, or which Samgine deems in its sole discretion to be vulgar or otherwise offensive. Samgine reserves the right to delete any vulgar or otherwise offensive User ID, or to require you to change your User ID. You must also select a password for your account.
Samgine recommends that you choose a password with letters and numbers, and do not use your User ID as your password.
- License. Subject to all of the Terms, Samgine hereby grants you a personal, non-exclusive, non-transferable license to access the Site and to use it solely for your personal entertainment purposes. Samgine may revoke this license at any time and for any reason. Specifically if you breach the terms of service we will ban your account. The terms of such terminations are explained in section 17.
- Restrictions. You agree not to do any of the following prohibited actions:
- reproduce, distribute, publicly display or perform, translate, modify, adapt, create derivative works from, deconstruct, reverse engineer, decompile or disassemble in any manner the puzzles and games on Samgine or any portion thereof, including but not limited to any graphics, photographs, associated software or proprietary communications protocol used by the software or any utilities, applications, emulators or tools derived therefrom;
- permit any other person (including but not limited to a former member whose account Samgine has terminated) to access Samgine, or create or provide any other means through which the puzzles may be played by anyone besides you (e.g., through server emulators);
- upload, post, email or otherwise transmit through Samgine any material that (i) is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another’s privacy, hateful, or racially, ethnically or otherwise objectionable; (ii) you do not have a right to transmit under any law or contractual or fiduciary relationship (e.g., inside information, proprietary information from an employer or confidential information subject to a nondisclosure agreement); (iii) infringes any patent, trademark, trade secret, copyright or other party’s proprietary rights; (iv) is unsolicited or unauthorized advertising, promotional material, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or any other form of solicitation; or (v) contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
- harm minors in any way;
- impersonate the administrator;
- forge headers or otherwise manipulate identifiers in order to disguise the origin of any materials you or another party transmit through Samgine;
- interfere with or disrupt the Services or servers or networks connected to the Services, or disobey any requirements, procedures, policies or regulations of networks connected to the Services;
- modify any files or use any puzzle hacking/altering/cheating software or tools, including scripting or macroing software, or attempt to disassemble the puzzle client and/or decipher the data transmissions between Samgine’s client and server. These activities will result in immediate termination of the Player’s Account and may subject you to civil and/or criminal liability.
- By submitting suggestions to Samgine on the feedback form or by E-Mail, you acknowledge and agree that Samgine may use or not use your suggestions, in its sole discretion, and you are not entitled to any form of credit or compensation for such suggestions.
- Your Account is Your Responsibility. You are solely responsible and entirely liable for all activities conducted through your account and/or your User ID, even if your account has been compromised through no fault of your own. Samgine encourages you to maintain the confidentiality of your password, and reminds you that you do not have a license to let others use your account. You agree to notify Samgine immediately in the event your password is lost, stolen, disclosed or compromised. It is not Samgine’ policy to ask for your password online, and Samgine suggests that you never respond to an on-line request for your password. You acknowledge that although the Site, Services and/or Puzzles may offer a feature that allows you to “remember” your password and thereby bypass the password protection, this feature makes it possible for third parties to access your account and User ID. Samgine strongly discourages the use of the password bypass feature, which will in any event be at your own risk.
- International Use. Recognizing the global nature of the Internet, you agree to comply with all local rules regarding online conduct and acceptable content. Specifically, you agree to comply with all applicable laws regarding the transmission of technical data exported from the United States or the country in which you reside.
- Ownership. Samgine and its licensors shall at all times retain all right, title and interest in and to the Site, Services, puzzles and games except to the extent of the licenses granted to you hereunder. Samgine, PaintBox and other products referenced herein are either trademarks or registered trademarks of Samgine.
- Disclaimer of Warranty. TO THE MAXIMUM EXTENT PERMITTED BY LAW, SAMGINE, ITS AFFILIATES’, LICENSORS’ AND SUBCONTRACTORS’ DISCLAIM ALL WARRANTIES, EXPRESS, IMPLIED OR STATUTORY, INCLUDING ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. SAMGINE PROVIDES THE SITE, SERVICES, PUZZLES AND GAMES (AND ANY RELATED SOFTWARE OR HARDWARE USED OR PROVIDED BY SAMGINE IN CONNECTION THEREWITH OR ANY CONTENT INCLUDED THEREIN) “AS IS” AND ON AN “AS AVAILABLE” BASIS, AND MAKES NO WARRANTY OF PERFORMANCE OR QUALITY OR THAT THE SITE, SERVICES OR PUZZZLES WILL BE ERROR-FREE OR UNINTERRUPTED. SOME JURISDICTIONS DO NOT PERMIT THE EXCLUSION OF IMPLIED WARRANTIES, SO SUCH EXCLUSION MAY NOT APPLY TO YOU.
- Limitation of Liability. NOTWITHSTANDING ANYTHING TO THE CONTRARY, SAMGINE AND ITS AFFILIATES’, LICENSORS’ AND SUBCONTRACTORS’ TOTAL LIABILITY TO YOU ARISING FROM OR IN RELATION TO THIS AGREEMENT, THE SITE, SERVICES OR PUZZLES SHALL BE LIMITED TO THE TOTAL PAYMENTS MADE BY YOU TO SAMGINE UNDER THIS AGREEMENT WITHIN THE TWELVE (12) MONTHS PRIOR TO THE OCCURRENCE OF THE INCIDENT WHICH GAVE RISE TO SUCH LIABILITY. THE FOREGOING LIMITATION SHALL NOT APPLY TO DAMAGES ARISING FROM DEATH OR PERSONAL INJURY TO PERSONAL OR TANGIBLE PROPERTY IN ANY JURISDICTION WHERE SUCH LIMITATION IS PROHIBITED BY LAW.
- Consequential Damages. IN NO EVENT WILL SAMGINE, ITS AFFILIATES’, LICENSORS’ OR SUBCONTRACTORS’ BE RESPONSIBLE OR LIABLE TO YOU FOR ANY CONSEQUENTIAL, SPECIAL, INDIRECT, INCIDENTAL, EXEMPLARY OR PUNITIVE DAMAGES OF ANY KIND, INCLUDING BUT NOT LIMITED TO ANY LOSS OF USE OR COSTS OF SUBSTITUTE SERVICES, HOWEVER CAUSED, WHETHER FOR BREACH OF REPUDIATION OF CONTRACT, TORT, BREACH OF WARRANTY, NEGLIGENCE, STRICT LIABILITY OR OTHER THEORY OF LIABILITY, WHETHER OR NOT SAMGINE, ITS AFFILIATES’, LICENSORS’ OR SUBCONTRACTORS’ WERE ADVISED OF THE POSSIBILITY OF SUCH LOSS OR DAMAGES AND NOTWITHSTANDING THE FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY STATED HEREIN. IN JURISDICTIONS THAT DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SAMGINE, ITS AFFILIATES’, LICENSORS’ AND SUBCONTRACTORS’ LIABILITY IS LIMITED TO THE EXTENT PERMITTED BY LAW.
- Indemnification. You agree to defend, indemnify and hold harmless Samgine, its affiliates’, licensors’ and subcontractors’ from all liabilities, claims and expenses, including attorneys’ fees, arising from or related to your breach of this Agreement or portion hereof, you Participatory Content or Public Content or any act or omission by you relating the Site, Services, puzzles or games. Samgine reserves the right to assume its own defense and/or control of any matter otherwise subject to indemnification by you hereunder.
- Termination. Either you or Samgine may terminate your account and this agreement upon notice at any time without further obligation to the other. Further, Samgine reserves the right to terminate the Site, Services, Puzzles and/or games, or any part thereof, at any time without notice and without further obligation to you. IN NO EVENT SHALL YOU BE ENTITLED TO A REFUND OF ANY FEES OR PRORATION THEREOF. UPON TERMINATION OF THIS AGREEMENT, YOUR ACCESS PRIVILEGES TO THE SITE, SERVICES, PUZZLES AND GAMES WILL TERMINATE. A member whose account Samgine has terminated may not access the Site, Services, Puzzles or Games in any manner or for any reason without Samgine’ express, prior, written permission. Termination of this agreement shall have no effect on any payment obligation accrued prior to the effective date of termination. The following sections shall survive termination: 8 and 13-21.
- Amendment. Samgine may amend the Terms in its sole discretion at any time by posting revised Terms on the Site, and you agree to regularly review the Terms. If any such revision is unacceptable to you, you may terminate your account and this agreement as provided in Section 16 (“Termination”). Your continued access and use of the Site, Services and/or Puzzles seven (7) days after posting of the revised Terms shall constitute your acceptance of the same. Except as expressly set forth herein, the Terms may not otherwise be modified or amended.
- Reservation of Rights. Samgine hereby reserves any rights not expressly granted herein.
- General Provisions. You may not sublicense, rent, sell, assign or otherwise transfer the rights or obligations granted to you in this agreement, and any such attempted transfer shall be void. If any provision of this agreement is held to be unenforceable for any reason, such provision shall be reformed only to the extent necessary to make it enforceable, and such decision shall not affect the enforceability of: (i) such provision under other circumstances, or (ii) the remaining provisions hereof under all circumstances. Samgine’s failure to enforce at any time any provision of this agreement shall in no way be construed to be a present or future waiver of such provision, nor in any way affect the right of any party to enforce each and every such provision thereafter. The express waiver by Samgine of any provision, condition or requirement of this agreement shall not constitute a waiver of any future obligation to comply with such provision, condition or requirement. Notwithstanding anything to the contrary, no default, delay or failure to perform on the part of Samgine shall be considered a breach of this agreement if such default, delay or failure to perform is shown to be due to causes beyond Samgine’ reasonable control. This agreement is governed by and construed under Connecticut law without regard to its conflict of law principles, and you agree to submit to the jurisdiction of the courts located in New London County, in the State of Connecticut, U.S.A. for the resolution of any dispute arising from or related to this agreement. In any action to enforce this agreement, the prevailing party shall be awarded its costs and fees (including reasonable attorneys’ fees), including such fees and costs incurred in enforcing and collecting any judgment. All notices given by you shall be sent via email to firstname.lastname@example.org Samgine may give notice to you at the e-mail address you provide in the Registration Data. This agreement represents the entire agreement between you and Samgine with respect to the subject matter referenced herein.
- You agree not to use or launch any automated system, including without limitation, “robots,” “spiders,” or “offline readers,” that accesses the Website in a manner that sends more request messages to the Samgine servers in a given period of time than a human can reasonably produce in the same period by using a conventional on-line web browser. Notwithstanding the foregoing, Samgine grants the operators of public search engines permission to use spiders to copy materials from the site for the sole purpose of and solely to the extent necessary for creating publicly available searchable indices of the materials. Samgine reserves the right to revoke these exceptions either generally or in specific cases.
- You agree not to collect or harvest any personally identifiable information for any commercial solicitation purposes.