Yatsha™.com - Terms of Use
1. About this web site
1.1 Yatsha™ is an online games service operated and owned by Yamago™, comprising the website and online interactive, single and multi-player games software under the label Yatsha™ or Yamago™ (all referred to in these Terms as "YatshaGames"). Yatsha™ is a free to play service and these terms and conditions ("Terms") apply to all and any use of Yatsha™ and all and any postings, emails, text messages, SMS and other communications made to or using it or any message board or similar services run by Yatsha™ ("Communications").
1.2 By using Yatsha™ you agree to be bound by these Terms.
1.3 If you do not accept these Terms you should not use Yatsha™.
1.4 If you do not accept these Terms you should not make any Communications.
1.5 Yamago™ may make alterations to these terms and conditions from time to time and these variations shall become effective immediately upon being accessible from here.
2. Yamago™
2.1 Third party websites with links from Yatsha™ have not been verified or reviewed by Yamago™ and use and access of such third party websites is made at your own risk.
2.2 Any username and password issued to you is personal to you in order to facilitate your access to Yatsha™ and shall not be disclosed to any third party without Yamago™'s prior written consent.
2.3 All email communications sent by Yamago™ and attachments thereto are intended only for the addressee and/or others authorised to receive them according to paragraph 5 below.
3. Intellectual Property Rights, Copyright and Trade Marks
3.1 All the contents of the Yasthagames web site (including all intellectual property and other rights in that content and in its arrangement) are owned by Yamago™ and any subsidiary or licensor and may not be used, copied or altered without the express consent of Yamago™.
3.2 You may use Yatsha™ for your private, non-commercial, personal use only, provided that you retain all copyright notices and other proprietary notices contained on Yatsha™. You may not sub-licence or deal in this right without Yamago™'s prior written permission.
3.3 All copyright, design rights, database right, patents, and any rights to inventions, know-how, trade and business names, trade secrets and trade marks (whether registered or unregistered) and any applications therefor ("Intellectual Property Rights") in Yatsha™ belong to and vest in Yamago™, or are licensed to Yamago™ unless otherwise specified. All such rights of Yamago™ are hereby asserted and reserved.
3.4 No person other than the rightful owner or licensee of such Intellectual Property Rights may:
3.5 distribute, modify, adapt, transmit, re-use, re-post, or use any or all of Yatsha™ or the information contained therein for any purpose other than as set out above nor for public or commercial purposes without Yamago™'s or the relevant licensee's prior written permission;
3.6 provide hypertext links, URL Links, graphic links, hyperlinks or other direct connection for profit or gain to Yatsha™ without Yamago™'s prior written permission;
3.7 display, broadcast, download, reproduce, store, publish, copy, print, post or otherwise use Yatsha™ and the information contained therein for the benefit of any other website without Yamago™'s or the relevant licensee's prior written permission;
3.8 process or otherwise use the information contained on or within Yatsha™ for any illegal or immoral purpose nor use or process the same unfairly.
4. Contributions
4.1 If you submit any messages or other text and materials to this web site (whether in response to any request or otherwise):
4.1.1 you hereby grant to Yamago™ a non-exclusive, royalty-free, transferable, world-wide licence from the date of that submission, to copy, reproduce, download, broadcast, transmit, publish, store, modify, adapt, or otherwise commercially exploit or use your contribution(s) in any manner and in any media for the full term of the intellectual property rights that may subsist in your contribution(s) (including any renewals, reversions, revivals or extensions thereof);
4.1.2 you warrant that your contribution(s) will not infringe the intellectual property rights of any person and will not be defamatory; and
4.1.3 you indemnify Yamago™ and any subsidiaries, associated companies and licensors against all losses, claims, costs and expenses that may be incurred or suffered by any of them as a result of the breach of any of the above warranties (clauses 4.1.1-2 inclusive).
4.2 Please do not submit any contribution(s) to the web site if you do not agree to grant the licence and provide the warranties in these Terms of Use set out above.
4.3 If you use any message boards or chat rooms on this web site, your contribution(s) must not be vulgar, abusive, offensive, defamatory, objectionable or otherwise unlawful.
5. Privacy Policy
5.1 This Privacy Policy applies to all and any use of this web site.
5.2 Since Yamago™ is principally aiming this site web site at the French and EU markets, Yamago™ cannot guarantee that it accords with local laws of any other countries (though Yamago™ will try to make sure it does).
5.3 Yamago™ makes a commitment to protecting your privacy and promises only to use information collected about you in accordance with the French Data Protection Act of 6 January 1978, as amended in August 2004.
5.4 Yamago™ collects information for two reasons - to enable Yamago™ to process your requirements and to provide you with an up to date, efficient, and reliable gaming service.
5.5 Yamago™ may ask you to submit personal data to the web site (for example your name, email address or contact details) to enable Yamago™ to provide you with the services available through the web site. This information will be kept securely in accordance with Yamago™’s internal security policy and may be used, stored and processed to improve the operation, administration and development of the web site but only in accordance with the Computer Privacy Law of 6 January 1978, as amended in August 2004. Pursuant to Articles 39 and 40 of the Computer Privacy Law of January 6, 1978, as amended by the Law of August 6, 2004, you have the right to access, amend and remove data you have disclosed in this context. You may exercise you rights by emailing us at:
5.6 Once you have contacted Yamago™ and used Yamago™'s services, you have a choice on whether or not you want Yamago™ to contact you about future games and new items. Yamago™ will not bombard you with emails, but Yamago™ would like to keep you informed of the developments on this web site.
5.7 Where requested please check the relevant box marked:
□ "please send me further information" if you wish to receive information regarding this web site or Yamago™'s games and services. If you do not check the box then Yamago™ will not use your data in that way and will not email you with information.
□ "please pass on this data to reputable third parties whom may have information and services of interest for me" if you want Yamago™ to pass the information on to third parties;
If you do not check the box then Yamago™ will not pass your data in that way.
Local Shared Object
5.8 In order to improve Yamago™'s service and games Yamago™ uses a device known as a 'Local Shared Object'. Local Shared Object are a means by which information relating to your Internet activity (such as whether you have visited Yatsha™ before) is recorded and used by Yamago™ to improve this web site and the games and services available to you.
5.9 If you do not wish for Yamago™ to use Local Shared Object when you use www.yatsha.com please adjust your Internet browser settings to not accept Local Shared Object. Your computer's help file should tell you how to do this.
WARNING: IF YOU CHOOSE TO DISABLE Local Shared Object THE GAMES AND SERVICES ON THIS WEBSITE WILL NOT WORK.
6. Communications
6.1 Yamago™ is engaged in the business of providing an interactive entertainment / games service and ancillary to this is engaged in the transmission, storage, retrieval, hosting, formatting or translation of third party communications without selection or alteration of the content of the communication for which it is a mere conduit. You agree and accept that Yamago™ has no responsibility to review the content of the Communications on Yatsha™ all of which are made available on the basis that Yamago™ shall not be required to exercise any control or judgement of the content or the material posted or contained therein.
6.2 The views expressed in any Communications are the views of the individual authors and not those of Yamago™ unless specified otherwise by Yamago™. In particular but without limitation to the above Yamago™ is not responsible for and disclaims all liability in respect of any comments, views or remarks expressed in any Communications.
6.3 Yamago™ gives no warranty and makes no representation as to the accuracy, currency or validity of the information and material contained within the Communications or Yatsha™ and shall not be responsible for any loss or damage caused as a result of any use of such material.
6.4 You agree and undertake that you will not post or transmit to, through or using Yatsha™ any statement, material or Communication that:
6.4.1 is unlawful or which gives rise to civil or criminal liability;
6.4.2 is technically harmful such as computer viruses, worms, logic bombs or other malicious software or harmful data;
6.4.3 is defamatory, libellous, untrue, discriminatory, obscene, inflammatory or racist material whatsoever.
6.4.4 You agree to indemnify and hold harmless Yamago™ against all liability it may have in respect of and arising out of your use of this web site and your Communications.
7. Liability
7.1 Yamago™ provides and maintains Yatsha™ for personal entertainment, on an "as is" basis. Yamago™ shall be liable only to provide its services with reasonable skill and care and gives no other warranty in connection with Yatsha™.
7.2 Subject as aforesaid, to the maximum extent permitted by law, Yamago™ excludes liability for any loss or damage of any kind howsoever arising, including without limitation any direct, indirect, punitive or consequential loss whether or not such arises out of any problem you notify to Yamago™ and Yamago™ shall have no liability to pay any money by way of compensation, including without limitation all liability in relation to:
7.2.1 any incorrect or inaccurate information on Yatsha™ and all interruptions to or delays in updating the service;
7.2.2 the infringement by any person of any Intellectual Property Rights of any third party caused by their use of Yatsha™;
7.2.3 any amount or kind of loss or damage due to viruses or other malicious software that may infect a user's computer equipment, software, data or other property caused by persons accessing, using or downloading Yatsha™, or from transmissions via emails or attachments received from Yamago™ or its licensees;
7.2.4 the availability, quality, content or nature of the other sites on the internet that are owned and operated by third parties ("External Sites") to which Yatsha™ link and web site located on or through any External Site nor for any transactions involving External Sites (including as to 'Local Shared Object', personal data, confidential information, or purchases of domain names or other services). You should contact the site administrator or webmaster for those External Sites if you have any concerns regarding such links, web site or transactions;
8. Termination
8.1 Yamago™ shall be entitled to terminate this Agreement and immediately remove, cancel or suspend access to and use of Yatsha™ upon your breach of any part of these Terms whatsoever.
8.2 Termination shall be without prejudice to the accrued rights of either party.
8.3 Yamago™ will not be liable in any amount for failure to perform any obligation under this agreement if such failure is caused by the occurrence of any unforeseen contingency beyond the reasonable control of such party including without limitation Internet outages, communications outages, fire, flood, war or act of God.
9. General
9.1 Except as provided above there are no other warranties, conditions or other terms, express or implied, statutory or otherwise, and all such terms are hereby excluded to the maximum extent permitted by law (but subject to your statutory and common law consumer rights).
9.2 All questions, comments or enquiries should be directed by email at .
9.3 If Yamago™ does not enforce any provision of this agreement such will not be considered a waiver of any provision or right.
9.4 In the event that any part of these terms and conditions is held to be unenforceable, such part will at Yamago™'s option be construed as far as possible to reflect the parties' intentions and the remainder of the provisions will remain in full force and effect.
9.5 These terms and conditions constitute the entire agreement between you and Yamago™ and shall apply to the exclusion of all other terms or conditions of contract which you may purport to propose.
9.6 Use of Yatsha™ and these terms are subject to the laws of France which shall exclusively govern the interpretation, application and effect of all the above permissions, exclusions, licences and conditions of use and shall be construed in accordance with the laws of France and the parties submit to the exclusive jurisdiction of the French courts.
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