Welcome to Affan-Games, as used in these terms and conditions of use ("Terms"), "Affan-Games", "we", "us", or "our" refer to Affan-Games, and all of its affiliates.
We provide our users ("Affan-Games Users") with: Applications for mobile platforms or devices, Please read these Terms carefully because they govern your access to and use of our Services, Affan-Games Content, and User Content (defined below) and are legally binding. YOU ACKNOWLEDGE AND AGREE THAT, BY CLICKING ON THE "SIGN UP" BUTTON WHERE APPLICABLE, OR BY ACCESSING OR USING OUR SERVICES OR BY DOWNLOADING OR POSTING ANY CONTENT ON OR THROUGH OUR SERVICES, YOU ARE INDICATING THAT YOU HAVE READ, UNDERSTAND AND AGREE TO BE BOUND BY THESE TERMS, WHETHER OR NOT YOU HAVE REGISTERED AS A MEMBER (DEFINED BELOW). IF YOU DO NOT AGREE TO THESE TERMS, THEN YOU HAVE NO RIGHT TO ACCESS OR USE OUR SERVICES OR Affan-Games CONTENT. Certain Services, and your access to or use of certain Affan-Games Content, may have different, Service-specific or Affan-Games Content-specific terms and conditions ("Rules") posted or may require you to agree with and accept such additional Rules. If there is a conflict between these Terms and Service-specific Rules or Affan-Games Content-specific Rules, the applicable Rules will take precedence with respect to your use of, or access to, such Service or Affan-Games Content. In addition, Affan-Games offers access to third-party mobile applications available via our Services (each, a "Third-Party Mobile Application"), which are designed by third-party publishers (each, a "Third-Party Publisher"). You understand and agree that access to, and use of, any Third-Party Mobile Application shall be subject to terms and conditions of use where provided by the Third-Party Publisher of such Third-Party Mobile Application ("Third-Party Terms").
Before accessing or using the Service, including browsing any Affan-Games website or accessing a game, you must agree to these Terms of Service and the Privacy Policy. You may also be required to register an account on the Service (an "Account"). By registering for an Account or otherwise using the Service, you affirm that you are the legal age of majority in your country of residence. If you are not, your legal guardian must review and agree to these Terms.
1. MODIFICATION
Affan-Games reserves the right, at its sole discretion, to modify, discontinue or terminate our Services, including any portion thereof, on a global or individual basis, or to modify these Terms, at any time and without prior notice. If we modify these Terms, we will post these Terms as modified or otherwise provide you with notice of the modification. By continuing to access or use our Services after we have posted a modification to these Terms or have provided you with notice of a modification, you are indicating that you agree to be bound by the modified Terms. If the modified Terms are not acceptable to you, your only recourse is to cease using our Services.
2.NO UNLAWFUL OR PROHIBITED USE
By using our Services, you represent and warrant to Affan-Games that you will not use our Services, or any of the content obtained from our Services, for any purpose that is unlawful or prohibited by these Terms.
3.ELIGIBILITY AND REGISTRATION
YOU AGREE THAT IF YOU ARE UNDER THE AGE OF 18 OR WHATEVER IS THE AGE OF LEGAL MAJORITY WHERE YOU ACCESS THE SERVICES, YOU REPRESENT THAT YOUR LEGAL GUARDIAN HAS READ, UNDERSTOOD, AND AGREED TO THESE TERMS. In registering for a Affan-Games, you agree to monitor the account to restrict any use by minors. You accept full responsibility for any unauthorized use of our Services by minors, and this includes any use of your credit cards or other payment or settlement instruments or devices by minors. During the registration process, you will be required to provide certain information, and you will establish a username. You agree to provide accurate, current, and complete information during the registration process and to update such information to keep it accurate, current, and complete. Affan-Games reserves the right to suspend or terminate your Affan-Games Account if any information provided during the registration process or thereafter proves to be inaccurate, not current, or incomplete. If you are not a Member, you may only browse or use in limited ways those parts of our Services that are not limited to Members only. You agree not to disclose your password to any third party or to allow any third party to use your Affan-Games Account, and you agree to take sole responsibility for any activities or actions under your Affan-Games Account, whether or not you have authorized such activities or actions. You will immediately notify Affan-Games of any unauthorized use of your Affan-Games Account. EVEN THOUGH WE USE THE WORD "YOUR" TO DESCRIBE A Affan-Games ACCOUNT YOU REGISTERED FOR, YOU AGREE THAT YOU HAVE NO OWNERSHIP OR OTHER PROPERTY INTEREST IN THE Affan-Games ACCOUNT AT ALL, AND YOU FURTHER AGREE THAT ALL RIGHTS IN AND TO THE Affan-Games ACCOUNT ARE AND ALWAYS WILL BE OWNED BY AND INURE TO THE BENEFIT OF Affan-Games.
4.PRIVACY
Use of our Services is also governed by Affan-Games's Privacy Policy. If you have any questions about the Affan-Games's Privacy Policy, please contact us via email at [email protected].
5.CONTENT
Certain types of content are made available on or through our Services: User Content means text, data, graphics, images, photos, video or audiovisual content, hypertext links and any other content uploaded, transmitted, or submitted by a Member on or through our Services. Affan-Games Content means text, data, graphics, images, illustrations, forms, documents, marketing materials, look and feel attributes, Affan-Games or our licensors' trademarks and logos, Affan-Games Applications and Third-Party Mobile Applications, and other content made available by Affan-Games on or through our Services, including any Customizations but excluding User Content. Customizations mean the modifications, designs, or enhancements to Affan-Games Content as a result of a Member's or a non-registered user's customization of a Affan-Games character using one of Affan-Games's interactive templates or design tools. For the avoidance of doubt, Customizations do not include User Content.
6.Affan-Games CONTENT LICENSE
Subject to your compliance with these Terms, Affan-Games hereby grants you a limited, non-exclusive, non-transferable, non-sublicensable license to access, view, download and print, where applicable, any Affan-Games Content solely for your personal and non-commercial purposes. You will not use, copy, adapt, modify, prepare derivative works based upon, distribute, license, sell, transfer, publicly display, publicly perform, transmit, stream, broadcast, or otherwise exploit the Services or Affan-Games Content, except only as expressly permitted by these Terms. No licenses or rights are granted to you by implication or otherwise under any Intellectual Property Rights owned or controlled by Affan-Games or its licensors, except for the licenses and rights expressly granted by these Terms.
7.NO INFRINGING USE
You will not use our Services to offer, display, distribute, transmit, route, provide connections to or store any material that infringes copyrighted works or otherwise infringes, violates, or promotes the infringement or violation of the Intellectual Property Rights of any third party.
8.ORDERS & PAYMENTS
YOU AGREE THAT IF YOU ARE UNDER THE AGE OF 18 OR WHATEVER IS THE AGE OF LEGAL MAJORITY WHERE YOU ACCESS THE SERVICES, YOU MAY MAKE PAYMENTS ONLY WITH THE INVOLVEMENT OF YOUR LEGAL GUARDIAN, AND YOU REPRESENT THAT YOUR LEGAL GUARDIAN HAS READ, UNDERSTOOD, AND AGREED TO THESE TERMS. You may purchase, with "real world" money, limited licenses to use Virtual Items or Virtual Currency from Affan-Games in accordance with these Terms, and you agree that all such purchases are final. If you order licenses for Virtual Items or Virtual Currency from Affan-Games that become unavailable before they can be provided to you, your only remedy is to request a refund of the purchase price from the payment processor of the transaction. Your orders for limited licenses to Virtual Items or Virtual Currency are offers for use of those Virtual Items or Virtual Currency, and if accepted those Virtual Items or Virtual Currency will be immediately downloaded to your Affan-Games Account. You expressly consent to the making available of Virtual Items and Virtual Currency immediately upon acceptance of your order. If you are a resident of the European Union and you purchase limited licenses to Virtual Items and Virtual Currency from us, the right to withdraw from such purchases within 7 working days of the date of purchase ("Cooling Off Period") may be available to you; however, this right of withdrawal will not apply where our performance begins before the end of the Cooling Off Period. Therefore, you expressly agree and understand that if you order limited licenses to Virtual Items or Virtual Currency from us, your right of withdrawal is forfeited upon acceptance as the performance begins immediately on acceptance. You understand and agree that Affan-Games provides no refunds for any purchases except only as expressly stated in these Terms.
9. INTERACTIONS BETWEEN USERS
You are solely responsible for your interactions (including any disputes) with other Affan-Games Users. Even if we choose to offer report user, block a user, or similar features on our Services, you will remain solely responsible for, and you must exercise caution, discretion, common sense, and judgment in, using our Services and disclosing personal information to other Affan-Games Users. You agree to take reasonable precautions in all interactions with other Affan-Games Users, particularly if you decide to meet a Affan-Games User offline, or in person. Your use of our Services, Affan-Games Content, User Content, and any other content made available through our Services is at your sole risk and discretion and Affan-Games hereby disclaims any and all liability to you or any third party relating thereto. Affan-Games reserves the right to contact Members, in compliance with applicable law, in order to evaluate compliance with these Terms and any other applicable Rules. You will cooperate fully with Affan-Games to investigate any suspected unlawful, fraudulent, or improper activity, including, without limitation, granting authorized Affan-Games representatives access to any password-protected portions of your Affan-Games Account.
10. LINKS AND THIRD-PARTY MATERIALS
Our Services may contain links to third-party websites or resources. You acknowledge and agree that Affan-Games is not responsible or liable for: (i) the availability or accuracy of such websites or resources; or (ii) the content, products, or services on or available from such websites or resources. Links to such websites or resources do not imply any endorsement by Affan-Games of such websites or resources or the content, products, or services available from such websites or resources. You acknowledge sole responsibility for and assume all risk arising from your use of any such websites or resources. If you elect to use our Services on mobile carrier networks, such a carrier's normal billing rates will apply. In addition, certain content, products, and services available via our Services may include materials from third parties, including Third-Party Mobile Applications. You agree that Affan-Games is not responsible for examining or evaluating third-party content, or such content's accuracy, and Affan-Games does not warrant and will not have any liability or responsibility for any Third-Party Mobile Applications, or for any other materials, products, or services of third parties. You agree that you will not use any Third-Party Mobile Applications, or other third-party materials, in a manner that would infringe or violate the rights of any other party, and that Affan-Games is not in any way responsible for any such use by you.
11. SWEEPSTAKES AND CONTESTS
Affan-Games may permit the offer of sweepstakes, contests, and similar promotions (collectively, "Promotions") through the Services. You should carefully review the rules (e.g., the "Official Rules") of each Promotion in which you participate through the Services, as they may contain additional important information about Affan-Games's rights to and ownership of the submissions you make as part of the Promotions and as a result of your participation in such Promotion. To the extent that the terms and conditions of such Official Rules conflict with these Terms, the terms and conditions of such Official Rules will control.
12. TERMINATION OF Affan-Games ACCOUNTS
Without limiting other remedies, Affan-Games may at any time suspend or terminate your Affan-Games Account and refuse to provide access to our Services if Affan-Games suspects or determines, in its own discretion, that you may have or there is a significant risk that you have: (i) failed to comply with any provision of these Terms or any policies or Rules established by Affan-Games; (ii) engaged in actions relating to or in the course of using our Services that may be illegal or cause liability, harm, embarrassment, harassment, abuse or disruption for you, Affan-Games Users, Affan-Games or any other third parties or our Services; or (iii) infringed the proprietary rights, rights of privacy, or Intellectual Property Rights of any person, including as a repeat infringer. In addition, Affan-Games may notify authorities or take any other actions it deems appropriate, without notice to you, in the event of any of the above. You may terminate your Affan-Games Account at any time and for any reason by sending an email [email protected].
13.DISCLAIMERS
OUR SERVICES, Affan-Games CONTENT, AND USER CONTENT ARE PROVIDED AS IS, WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED. WITHOUT LIMITING THE FOREGOING, Affan-Games EXPLICITLY DISCLAIMS ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT OR NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE. Affan-Games MAKES NO WARRANTY THAT OUR SERVICES, Affan-Games CONTENT, OR USER CONTENT WILL MEET YOUR REQUIREMENTS OR BE AVAILABLE ON AN UNINTERRUPTED, SECURE, OR ERROR-FREE BASIS. Affan-Games MAKES NO WARRANTY REGARDING THE QUALITY OF ANY PRODUCTS, SERVICES OR CONTENT PURCHASED OR OBTAINED THROUGH OUR SERVICES OR THE ACCURACY, TIMELINESS, TRUTHFULNESS, COMPLETENESS, OR RELIABILITY OF ANY CONTENT OBTAINED THROUGH OUR SERVICES. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM Affan-Games OR THROUGH OUR SERVICES, Affan-Games CONTENT OR USER CONTENT, WILL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN.
14.INDEMNITY
You agree to defend, indemnify, and hold Affan-Games, its officers, directors, employees and agents, harmless from and against any claims, liabilities, damages, losses, and expenses, including, without limitation, reasonable legal and accounting fees, arising out of or in any way connected with User Content you submit to Affan-Games, your access to our Services or Affan-Games Content, or your violation of these Terms.
15.TRADEMARKS & OTHER PROPRIETARY RIGHTS NOTICES
All trademarks, service marks, logos, trade names, and any other proprietary designations of Affan-Games or our licensors used in association with the Services are trademarks or registered trademarks of Affan-Games or our licensors. Any other trademarks, service marks, logos, trade names and any other proprietary designations are the trademarks or registered trademarks of the respective owners of same.
16.NOTICES
You consent to the use of: (i) electronic means to complete these Terms and to deliver any notices or other communications permitted or required hereunder; and (ii) electronic records to store information related to these Terms or your use of our Services. Any notices or other communications permitted or required hereunder, including those regarding modifications to these Terms, will be in writing and given: (i) by Affan-Games via email (in each case to the address that you provide) or (ii) by posting on or through our Services. For notices made by e-mail, the date of receipt will be deemed the date on which such notice is transmitted.
17.CONTACTING US
If you have any questions about these Terms, please contact Affan-Games at [email protected].