Emyphe LLC App Gaming

Emyphe LLC
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Emyphe LLC Terms of Use

Effective as of March 1, 2016.

Introduction

The following Terms of Use describe the agreement between Emyphe LLC ("we", or the “Company”) and you when you access or use our website at http://www.emyphe.com (our “Website”) or our mobile apps (our “Applications”). In this agreement, our Website and our Applications will be collectively referred to as our “Services”. Please review the following terms carefully.  By accessing or using our Services, you signify your agreement to these Terms of Use.  If you do not agree to these Terms of Use, you may not access or use our Services. If you are under 18 years old, your parent or legal guardian must agree to these terms before you may use our Services.

Privacy Policy

We respect the privacy of the users of our Services.  Please refer to our Privacy Policy which explains how we collect, use, and disclose information that pertains to your privacy.  When you access or use our Services, you signify your agreement to this Privacy Policy.

License Grant

You are granted a non-exclusive, non-transferable, terminable, license to access and use our Services, provided you abide by these Terms.

Use Restrictions

Your permission to use the Services is conditioned upon the following Use Restrictions. You agree that you will not under any circumstances:

Access

You are responsible for any internet connection or mobile data charges, costs, and fees you may incur while accessing or using the Services.

Purchases

Some Applications may require you to pay a fee to install them, to unlock or install additional content, to disable advertisements, or to purchase digital goods for use within the Application (“Purchases”). License to access or use portions of our Applications requiring Purchases is granted only if you make such Purchases.

Purchases can only made through marketplaces to which we have published our Applications.

If you are under the age of 18, you must get permission from your parent or legal guardian before making any Purchases.

You agree to be responsible for the cost of all Purchases made from your mobile account and/or your mobile device. You agree to take reasonable precautions to prevent third parties from making unauthorized purchases on your mobile device.

Refunds will be issued only on a case-by-case basis, and at the sole discretion of the Company.

Changes

From time to time, we may release updated versions of our Applications or make changes to the Website. Application updates may include, but are not limited to: fixes for errors, improvements to performance, additional features or content, changes to scoring or gameplay rules, modifications to advertising and/or monetization options, improving device compatibility.

Depending on your device settings you may automatically receive these updates. Please consult your device documentation for further information.

We may, as our sole discretion and for any reason, remove an Application from publication. This will not remove the Application from your device, but you will not be able to install the Application on further devices or reinstall the Application if you uninstall it.

As part of our Services, we may provide you with convenient links to third party website(s) (“Third Party Sites”) as well as content or items belonging to or originating from third parties (the “Third Party Applications, Software or Content”).  These links are provided as a courtesy to users of our Services.  We have no control over Third Party Sites and Third Party Applications, Software or Content or the promotions, materials, information, goods or services available on these Third Party Sites or Third Party Applications, Software or Content.  Such Third Party Sites and Third Party Applications, Software or Content are not investigated, monitored or checked for accuracy, appropriateness, or completeness by the Company, and we are not responsible for any Third Party Sites accessed through our Website or any Third Party Applications, Software or Content posted on, available through or installed from our Website, including the content, accuracy, offensiveness, opinions, reliability, privacy practices or other policies of or contained in the Third Party Sites or the Third Party Applications, Software or Content.  Inclusion of, linking to or permitting the use or installation of any Third Party Site or any Third Party Applications, Software or Content does not imply approval or endorsement thereof by the Company  If you decide to leave our Website and access the Third Party Sites or to use or install any Third Party Applications, Software or Content, you do so at your own risk and you should be aware that our terms and policies no longer govern.  You should review the applicable terms and policies, including privacy and data gathering practices, of any site to which you navigate from our Website or relating to any applications you use or install from the site.

If you are a copyright owner or an agent thereof and believe, in good faith, that any materials provided by our Services infringe upon your copyrights, you may submit a notification by sending the following information in writing via email to the Company's designated copyright agent at legal@emyphe.com

  1. The date of your notification
  2. A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed
  3. A description of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site
  4. A description of the material that is claimed to be infringing or to be the subject of infringing activity and information sufficient to enable us to locate such work
  5. Information reasonably sufficient to permit the service provider to contact you, such as an address, telephone number, and/or email address
  6. A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law
  7. A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed

Intellectual Property

You acknowledge and agree that we and our licensors retain ownership of all intellectual property rights of any kind related to our Services, including applicable copyrights, trademarks and other proprietary rights.  Other product and company names that are mentioned on our Services may be trademarks of their respective owners. We reserve all rights that are not expressly granted to you under this Agreement.

Unsolicited Ideas

We do not read or respond to unsolicited ideas.

Termination

If you act in any manner inconsistent with the Terms set forth in this Agreement, your license to use our Services is terminated and you must immediately discontinue use.

Email May Not be Used to Provide Notice

You agree that communications made to the Company by email will not constitute legal notice to the Company or any of its officers, employees, agents or representatives in any situation where notice to the Company is required by contract or any law or regulation.

User Consent to Receive Communications in Electronic Form

For contractual purposes, you (a) consent to receive communications from the Company in an electronic form via the email; and (b) agree that all Terms of Use, agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications would satisfy if it were in writing. The foregoing does not affect your non-waivable rights.

WARRANTY DISCLAIMER

TO THE EXTENT PERMITTED BY APPLICABLE LAW, THE SERVICES, ARE PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND. WITHOUT LIMITING THE FOREGOING, THE COMPANY EXPRESSLY DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS, IMPLIED OR STATUTORY, REGARDING OUR SERVICES INCLUDING WITHOUT LIMITATION ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, SECURITY, ACCURACY AND NON-INFRINGEMENT. WITHOUT LIMITING THE FOREGOING, THE COMPANY MAKES NO WARRANTY OR REPRESENTATION THAT ACCESS TO OR OPERATION OF THE SERVICES WILL BE UNINTERRUPTED OR ERROR FREE. YOU ASSUME FULL RESPONSIBILITY AND RISK OF LOSS RESULTING FROM YOUR DOWNLOADING AND/OR USE OF FILES, APPS, INFORMATION, CONTENT OR OTHER MATERIAL OBTAINED FROM OUR SERVICES. SOME JURISDICTIONS LIMIT OR DO NOT PERMIT DISCLAIMERS OF WARRANTY, SO THIS PROVISION MAY NOT APPLY TO YOU.

LIMITATION OF DAMAGES; RELEASE

TO THE EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL THE COMPANY, ITS AFFILIATES, DIRECTORS, OR EMPLOYEES, OR ITS LICENSORS OR PARTNERS, BE LIABLE TO YOU AND/OR ANY OTHER PERSON FOR ANY LOSS OF PROFITS, USE, OR DATA, OR FOR ANY INCIDENTAL, INDIRECT, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, HOWEVER ARISING, THAT RESULT FROM (A) YOUR USE OR INABILITY TO USE OUR SERVICES; (B) OUR SERVICES GENERALLY OR THE SOFTWARE OR SYSTEMS THAT MAKE OUR SERVICES AVAILABLE; OR (C) ANY OTHER INTERACTIONS WITH THE COMPANY OR ANY OTHER USER OF OUR SERVICES, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE) OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT THE COMPANY HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, AND EVEN IF A REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.  TO THE EXTENT PERMITTED BY APPLICABLE LAW, YOUR SOLE AND EXCLUSIVE REMEDY FOR DISPUTES WITH THE COMPANY IS TO DISCONTINUE USE OF OUR SERVICES. YOU AGREE THAT THE COMPANY’S TOTAL LIABILITY FOR ANY DISPUTE WILL BE LIMITED TO THE AMOUNT ACTUALLY PAID BY YOU FOR USE OF OUR SERVICES AND RELEASE THE COMPANY FROM ANY CLAIM IN EXCESS OF THIS AMOUNT. SOME JURISDICTIONS LIMIT OR DO NOT PERMIT DISCLAIMERS OF LIABILITY, SO THIS PROVISION MAY NOT APPLY TO YOU.

Modification of Terms of Use

We can amend these Terms of Use at any time and will update these Terms of Use in the event of any such amendments.  It is your sole responsibility to check our Website from time to time to view any such changes in the Agreement.  If you continue to use our Services, you signify your agreement to our revisions to these Terms of Use.  We will notify you of material chances to the terms by posting a notice on our homepage. Any changes to these Terms (other than as set forth in this paragraph) or waiver of the Company’s rights hereunder shall not be valid or effective except in a written agreement bearing the physical signature of an officer of the Company.  No purported waiver or modification of this Agreement by the Company via telephonic or email communications shall be valid.

General Terms

If any part of this Agreement is held invalid or unenforceable, that portion of the Agreement will be construed consistent with applicable law.  The remaining portions will remain in full force and effect. Any failure on the part of the Company to enforce any provision of this Agreement will not be considered a waiver of our right to enforce such provision.  Our rights under this Agreement will survive any termination of this Agreement.

You agree that any cause of action related to or arising out of your relationship with the Company must commence within ONE year after the cause of action accrues.  Otherwise, such cause of action is permanently barred.

These Terms of Use and your use of our Services are governed by the federal laws of the United States of America and the laws of the State of California, without regard to conflict of law provisions.

The Company may assign or delegate these Terms of Use and/or the Company’s Privacy Policy, in whole or in part, to any person or entity at any time with or without your consent. You may not assign or delegate any rights or obligations under the Terms of Use or Privacy Policy without the Company’s prior written consent, and any unauthorized assignment and delegation by you is void.

YOU ACKNOWLEDGE THAT YOU HAVE READ THESE TERMS OF USE, UNDERSTAND THE TERMS OF USE, AND WILL BE BOUND BY THESE TERMS AND CONDITIONS. YOU FURTHER ACKNOWLEDGE THAT THESE TERMS OF USE TOGETHER WITH THE PRIVACY POLICY AT http://www.emyphe.com/privacy REPRESENT THE COMPLETE AND EXCLUSIVE STATEMENT OF THE AGREEMENT BETWEEN US AND THAT IT SUPERSEDES ANY PROPOSAL OR PRIOR AGREEMENT ORAL OR WRITTEN, AND ANY OTHER COMMUNICATIONS BETWEEN US RELATING TO THE SUBJECT MATTER OF THIS AGREEMENT.