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TERMS OF SERVICE

 

Effective Date:  May 1, 2018

 

Please read these Ambyshn Applications (“Ambyshn”) Terms of Service.  By visiting an Ambyshn Applications website, or downloading and installing Ambyshn Applications applications or games (“Service”) you are conclusively deemed to have accepted and agreed to be bound by these Terms. Ambyshn Applications reserves the right to accept or reject all Users.  These Terms of Service (“Terms”) are a legal binding agreement between you (“You”) and Ambyshn Applications.  You agree that you have read understand, accept and agree to be bound by these terms.  If you do not agree to these terms, do not use the site or service.

 

 

 

Acceptance of Terms and Privacy Policy

The internet site available at http://www.ambyshn.com, all related sites, mobile applications, content and services offered in relation to this site or applications are owned and operated by Ambyshn Applications and can only be used by your agreement to be bound by the Ambyshn.com Terms of Service and the Ambyshn.com Privacy Policy.

 

Use of Ambyshn Applications Service

To use Ambyshn Applications Services you must be at least 18 years old.  We reserve the right to require proof that you meet the age requirement.  Failure to provide accurate proof of age shall result in a forfeit of any virtual items associated with your account.

 

How we protect your data: Please refer to our privacy policy available on the Ambyshn Applications website at http://www.Ambyshn.com/ for information on how we protect your data.

 

Certain sections of the Services we provide to you may require you to register as a user or create an account. By registering or creating an account, you agree to provide accurate and complete information and to inform us of any changes to that information. Each registration is for a single user only, unless otherwise expressly provided on the registration page. You are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. If you believe there has been unauthorized use, you must notify us immediately.

 

Ambyshn Applications reserves the right to suspend account access and take any account offline at Ambyshn Applications Discretion.  Ambyshn Applications is not liable for any of the users potential damages upon suspension.

 

Ambyshn Applications Fees

You agree to pay all fees incurred by you or anyone using an account registered to you with or without your knowledge.  YOU ACKNOWLEDGE THAT Ambyshn Applications IS NOT REQUIRED TO PROVIDE A REFUND FOR ANY REASON, AND THAT YOU WILL NOT RECEIVE MONEY OR OTHER COMPENSATION FOR UNUSED VIRTUAL ITEMS WHEN AN ACCOUNT IS CLOSED, WHETHER SUCH CLOSURE WAS VOLUNTARY OR INVOLUNTARY.

 

Virtual Items

 From time to time during Your use of the Ambyshn Applications Service, You may have the opportunity earn or purchase Virtual Items including but not limited to virtual tokens, tickets, or credits all for use in the Service.  Virtual Items do not represent any actual cash value and cannot be exchanged for real money.  You do not own the Virtual Items only the license to use them and they remain the sole property of Ambyshn Applications.  Ambyshn Applications grants You a limited license to use the Virtual Items as part of the Limited License granted for use of the Service.  Purchasing Virtual Items does not guarantee that You will win any of the offered prizes.  Virtual Items should only be purchased to use the Services provided by Ambyshn Applications.  Ambyshn Applications may change, modify or eliminate Virtual Items and their price with or without notice.  Ambyshn Applications shall have no liability to you or any third party in the event that Ambyshn Applications exercises any such rights. No transfer of Virtual Items is allowed.  Any transfer or attempted transfer of Virtual Items shall subject You to termination of your access rights at the sole discretion of Ambyshn Applications.  ALL PURCHASES AND REDEMPTIONS OF A VIRTUAL CURRENCY MADE THROUGH Ambyshn Applications ARE FINAL AND NON-REFUNDABLE. 

 

Prizes

Ambyshn Applications will occasionally offer prizes for the Services.  No purchase is necessary to potentially win the offered prize.  Purchasing Virtual Items for the purpose of winning a prize is not recommended and should not be done. Failure to win a prize in no way entitles You to a refund of any purchased Virtual Items. 

 

Credit Card Usage

Any agreement formed by the User with the Merchant Gateway Provider in no way binds, forms a partnership, creates a duty or a liability on the part of Ambyshn Applications. All charge disputes must be brought through the Merchant Gateway Provider.

 

Updates and Changes to the Service

Ambyshn Applications reserves the right, from time to time to change, modify, update, remove, delete, discontinue, or delete any or all of the Services at any time without further notice.  By accessing the Services after any change mentioned above, you agree that you have read and understand the changes and fully agree to be bound by them. 

 

Electronic Communications

When you use any Ambyshn Applications Service, or send e-mails, text messages, and other communications from your desktop or mobile device to us, you are communicating with us electronically. You consent to receive communications from us electronically, such as e-mails, texts, mobile push notices, or notices and messages on this site.  You agree that all agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.

 

Proprietary Rights

The technology and content provided by Ambyshn Applications are owned by or licensed to Ambyshn Applications and protected by United States and international intellectual property laws. Ambyshn Applications and its licensors retain all proprietary rights to that content and technology. Please see notices on individual referenced sites, products and services for additional notices and information. The trademarks, service marks, trade names and logos appearing on this site are trademarks of Ambyshn Applications and or its affiliates or licensors.

 

By offering this Service for use, we provide you with a worldwide, nonexclusive, nontransferable, revocable, limited license to access and use of the information and services on for Ambyshn Applications, strictly subject to and in accordance with these Terms. We reserve the right to terminate this license at any time and for any reason. Your failure to comply with these Terms will result in automatic termination of this license, with or without prior notice, and you must immediately destroy all copies of any downloaded materials in your possession or control. Except for the limited license set forth in these Terms, Ambyshn Applications does not grant you any express or implied rights or licenses under any patents, trademarks, copyrights, or other proprietary or intellectual property rights.

 

Usage Restrictions

By accessing, browsing, or using any Ambyshn Applications website or game (the “Services”), you agree to the following restrictions:

i.      You will not use, intentionally or unintentionally any of the content, information, or services on a Ambyshn Applications Service in a manner contrary to or in violation of any applicable international, national, federal, state, or local law, rule, or regulation having the force of law.

ii.    You will not use a Ambyshn Applications Service in any manner that could harm, infect, take over, disable, overburden, or otherwise impair any of our computer systems, including, but not limited to, the servers, networks, and other components connected to or used for this website

iii.   You will not interfere with any other party's use and enjoyment of a Ambyshn Applications Service, or of any of the content, information, or services provided on a Ambyshn Applications Service;

iv.   To the extent that you are able to upload, post or otherwise transmit content using this site you will not upload, post, or otherwise transmit any content that you do not have a right to transmit under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);

v.    You will not upload, post, or otherwise transmit any material that 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;

vi.   You will not attempt to gain unauthorized access to any services, accounts, computer systems, or networks connected to any server used for this website, through password mining, hacking, or any other means;

vii. You will not seek to gain access to any materials or information through any means not intentionally made available by us;

viii.               You will not reproduce, duplicate, copy, download, store, further transmit, disseminate, transfer, or otherwise exploit a Ambyshn Applications Service, or any portion hereof without Ambyshn Applications’s prior written consent, except that you may reproduce

limited content from this site describing Ambyshn Applications’s products and services solely to educate users or potential users about Ambyshn Applications products or services;

ix.   You will not use any framing techniques to enclose any portion of a Ambyshn Applications Service (including, but not limited to, images, text, page layout, and form) without Ambyshn Applications prior consent;

x.    You will not make any use of the trademarks, service marks, trade names, logos, and graphics on this website without Ambyshn Applications consent;

xi.   You will not use any network monitoring or discovery software to determine the site architecture, or extract information about usage, individual identities, or users;

xii. You will not use any robot, spider, other automatic software or device, or manual process to monitor or copy a Ambyshn Applications Service or the content, information, or services on this website without Ambyshn Applications prior written consent;

xiii.               You will not collect any email addresses made available on this site for purposes of 3rd party promotions or marketing campaigns;

xiv.               You agree to not send unsolicited electronic messages to multiple unrelated recipients or engage in any other form of spamming prohibited by law in connection with activities contemplated under this Agreement. 

xv. You will not distribute, on or through a Ambyshn Applications Service, any advertising; promotion; solicitation for goods, services, or funds; or solicitation for others to become members of any enterprise or organization outside the scope of this Agreement without Ambyshn Applications prior written permission; and

xvi.               You will not use or otherwise export or re-export this website, or any portion thereof, in violation of the export control laws and regulations of the United States of America or any other country.

 

WARRANTIES AND DISCLAIMERS

Ambyshn Applications PROVIDES THIS SERVICE “AS IS,” WITHOUT WARRANTY OF ANY KIND, EXPRESS OF IMPLIED, INCLUDING, BUT NOT LIMITED TO:

 

WARRANTIES OF PERFORMANCE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, OMISSIONS, COMPLETENESS, CURRENTNESS, AND DELAYS; WARRANTIES THAT ACCESS TO ANY PRODUCT WILL BE UNINTERRUPTED, SECURE, COMPLETE, OR ERROR FREE; WARRANTIES AS TO THE LIFE OF ANY URL OF THIRD-PARTY WEB SERVICE; AND WARRANTIES WITH REGARD TO ANY CONTENT OR SOFTWARE THAT HAS BEEN MODIFIED IN ANY WAY BY ANYONE OTHER THAN, AND WITHOUT THE EXPRESS APPROVAL OF, Ambyshn Applications.

 

BY ACCESSING, BROWSING, OR USING ANY Ambyshn Applications SERVICE, YOU ACKNOWLEDGE THAT PROVISIONS OF CONTENT AND SOFTWARE ENTAILS THE LIKELIHOOD OF SOME HUMAN AND MACHINE ERRORS, DELAYS, INTERRUPTIONS, AND LOSSES, INCLUDING THE INADVERTENT LOSS OF DATA OR DAMAGE TO MEDIA; Ambyshn Applications SITES, AND THE PRODUCTS AND SERVICES REFERENCED THEREIN MAY NOT SATISFY USER REQUIREMENTS NOT EXPRESSLY STATED IN THE AGREEMENT AND IN NO EVENT WILL Ambyshn Applications BE LIABLE, IN CONTRACT, TORT, STRICT LIABILITY, OR OTHERWISE, FOR INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES OF ANY KIND ARISING OUT OF, OR IN CONNECTION WITH USE OF THIS WEBSITE, WHETHER OR NOT Ambyshn Applications HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE; ANY CLAIM(S) RELATING IN ANY WAY TO USER’S INABILITY OR FAILURE TO PERFORM RESEARCH OR OTHER WORK OR TO PERFORM SUCH RESEARCH OR WORK PROPERLY OR COMPLETELY, EVEN IF ASSISTED BY Ambyshn Applications; ANY DECISION MADE OR ACTION TAKEN BY USER IN RELIANCE UPON THE AVAILABILITY OF OR CONTENT MADE AVAILABLE THROUGH ANY Ambyshn Applications SERVICE.

 

INDEMNIFICATION

YOU AGREE TO INDEMNIFY, DEFEND, AND HOLD Ambyshn Applications AND ITS OFFICERS, DIRECTORS, EMPLOYS, AFFILIATES, AGENTS, LICENSORS, AND SUPPLIERS HARMLESS FROM AND AGAINST ALL CLAIMS, LOSSES, EXPENSES, DAMAGES, AND COSTS, INCLUDING REASONABLE ATTORNEYS’ FEES, RESULTING FROM ANY VIOLATION OF THESE TERMS OR NEGLIGENT ACTION OR NONACTION BY YOU.

 

LIMITATION OF LIABILITY

IN NO EVENT SHALL Ambyshn Applications BE LIABLE TO USER OR TO ANY THIRD PARTY FOR ANY LOSS OF USE, REVENUE OR PROFIT (OR LOSS OF DATA OR DIMINUTION IN VALUE), OR FOR ANY CONSEQUENTIAL, INCIDENTAL, INDIRECT, EXEMPLARY, SPECIAL OR PUNITIVE DAMAGES WHETHER ARISING OUT OF BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, REGARDLESS OF WHETHER SUCH DAMAGES WERE FORESEEABLE AND WHETHER OR NOT Ambyshn Applications HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND NOTWITHSTANDING THE FAILURE OF ANY AGREED OR OTHER REMEDY OF ITS ESSENTIAL PURPOSE.

 

IN NO EVENT SHALL Ambyshn Applications AGGREGATE LIABILITY ARISING OUT OF OR RELATED TO THIS AGREEMENT, WHETHER ARISING OUT OF OR RELATED TO BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, EXCEED TWO TIMES THE AGGREGATE AMOUNTS PAID OR PAYABLE TO Ambyshn Applications PURSUANT TO THIS AGREEMENT IN THE YEAR PERIOD PRECEDING THE EVENT GIVING RISE TO THE CLAIM.

 

Release

If you have a dispute with one or more users, you release us (and our affiliates and subsidiaries, and our and their respective officers, directors, employees and agents) from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such disputes. In entering into this release you expressly waive any protections (whether statutory or otherwise) that would otherwise limit the coverage of this release to include only those claims which you may know or suspect to exist in your favor at the time of agreeing to this release.

 

Termination

Termination for Cause - You acknowledge and agree that Ambyshn Applications, in its sole discretion, may terminate your access if your conduct is found to be unlawful, inconsistent with, or in violation of, the letter or spirit of these Terms, or for any other reason, Ambyshn Applications shall not be liable to you or any third party for termination of access. Should you object to any terms and conditions of these Terms, or to any subsequent modifications thereto, your only recourse is to immediately discontinue use of the Service.

Ambyshn Applications reserves the right to terminate any account that has been inactive for 180 days. 

You may terminate your Account by deleting the game(s) from your device.

 

Governing Law and Jurisdiction

These Terms are governed by and construed in accordance with the laws of the state of Connecticut United States, and any action arising out of or relating to these terms shall be filed only in Connecticut and you hereby consent and submit to the personal jurisdiction of such courts for the purpose of litigating any such action.

 

Notice

Any notice given in connection with this Agreement shall be in writing and shall be delivered by e-mail or by posting to the Site or Service.

 

Links to Third Party Sites

This Service may provide links to other third-party World Wide Web sites or resources. Ambyshn Applications makes no representations whatsoever about any other web site which you may access through this Service. Because Ambyshn Applications has no control over such sites and resources, you acknowledge and agree that Ambyshn Applications is not responsible for the availability of such external sites or resources and is not responsible or liable for any Content, advertising, products, services or other materials on or available from such sites or resources. It is up to you to take precautions to ensure that whatever you select for your use is free of such items as viruses, worms, Trojan horses and other items of a destructive nature. References on this Site to any names, marks, products or services of any third parties or hypertext links to third party sites or information are provided solely as a convenience to you, and do not constitute or imply an endorsement, sponsorship or recommendation of, or affiliation with the third party or its products and services. Ambyshn Applications makes no representation or warranty as to any third party Content, products or services, and you agree that Ambyshn Applications shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such third-party Content, products or services available on or through any such site or resource.

 

Waiver

No waiver by Ambyshn Applications of any of the provisions of this Agreement is effective unless explicitly set forth in writing and signed by Ambyshn Applications.  No failure to exercise, or delay in exercising, any rights, remedy, power or privilege arising from this Agreement operates or may be construed as a waiver thereof.  No single or partial exercise of any right, remedy, power or privilege hereunder precludes any other or further exercise thereof or the exercise of any other right, remedy, power or privilege. 

 

Severability

If any provision of these Terms is deemed unlawful, void, or unenforceable, then that provision shall be deemed severable from the remaining provisions and shall not affect their validity and enforceability.

 

Attorney’s Fees

In the event a lawsuit of any kind is instituted under this Agreement or to obtain performance of any kind under this Agreement, the prevailing party shall be entitled to additional sums as the court may adjudge for reasonable attorneys’ fees, subject to the other party’s right to appeal.

 

Force Majeure

Neither party shall be liable for or deemed to be in default for any delay or failure to perform under this Agreement if such delay or failure to perform results from an act of God, civil or military authority, act of war, riot, insurrection, escalation of hostilities, or other occurrence beyond that party’s control.   In such case, the intervening cause must not be caused by the party asserting it and the excused party is obligated to promptly perform in accordance with the terms of this Agreement after the intervening cause ceases. 

 

No Third Party Beneficiaries

This Agreement is for the sole benefit of the parties hereto and their respective successors and permitted assigns and nothing herein, express or implied, is intended to or shall confer upon any other person or entity any legal or equitable right, benefit or remedy of any nature whatsoever under or by reason of these Terms.

 

Assignment

User shall not assign any of its rights or delate any of its obligations under this Agreement without the prior written consent of Ambyshn Applications.  Any purported assignment or delegation in violation of this Section is null and void.  No assignment or delegation relieves User of any of its obligations under this Agreement. 

 

Entire Agreement

This Agreement represents the entire Agreement between the parties with respect to the subject matter hereof, superseding all previous oral or written communications, representations or agreements.