Welcome to game, created in QuickAppNinja Game Builder (“QuickAppNinja”) and thank you for reviewing these Terms and Conditions of Use. The following Terms and Conditions of Use, together with any documents expressly incorporated by reference (collectively, “Terms”) govern your (“You” or “Your”) access to and use of QuickAppNinja’s games, free-to-play contests (the “Service”) offered thereon, and all information, documents, content, communications, files, text graphics, audio/visual files, applications, and/or related services (collectively, the “Application”). You can view the QuickAppNinja Privacy Policy a
IMPORTANT LEGAL NOTICE: PLEASE READ THESE TERMS CAREFULLY AS THEY AFFECT YOUR LEGAL RIGHTS AND OBLIGATIONS. IF YOU DO NOT AGREE TO THE TERMS, DO NOT USE THE APPLICATION.
1. Acceptance of Terms and Conditions
By accessing or using the Service from the Application, becoming a registered user (“Registered User”) of the Application, or merely browsing the Application, You accept and are bound by these Terms. We reserve the right to change the Terms at any time, without prior notice to You. In the event the Terms are materially modified, notice of the changes and their effective date will be prominently posted on this page. Your continued use of the Application following such changes requires Your affirmative consent to the changes. If You do not agree to the changes, Your sole remedy is to cease using the Application. If You breach any of the Terms, Your authorization to use the Application automatically terminates.
2. Eligibility/Prohibited Jurisdictions
2.1. Eligibility
Employees, officers, directors, investors, agents, and representatives of QuickAppNinja or any of its parent companies, subsidiaries or affiliates, licensees, advertising, promotional or other agencies, software suppliers and/or developers, and each of their respective immediate family (defined as parents, spouse and children) and any person residing in the same household as such are NOT eligible to get prizes. Such persons may, however, use the Application, and will from time to time do so for the purpose of testing the Application, evaluating user experience and contests, socializing and competing with customers to build community, and other reasonable and fair uses at the sole discretion of the game. If such persons are deemed to be winners, any prizes won will be forfeited and awarded to the next highest scoring participant that is eligible to win a prize.
By accessing or using the Application, You represent and warrant that You have the right, authority and capacity to enter into this agreement, to abide by all of these Terms, and that You are not prohibited from accessing and using the Application. QuickAppNinja makes no representations or warranties, implicit or explicit, as to Your legal right to participate in the Application nor shall any person affiliated, or claiming affiliation, with QuickAppNinja have authority to make any such representations or warranties. We do not intend for the Application or the features offered thereon to be used by persons present in Jurisdictions in which participation may be prohibited or restricted. You agree that the availability of the Application does not constitute an offer, solicitation or invitation by Us for the use of the Application in any Jurisdiction in which such activities are prohibited or restricted. We reserve the right to deny access to the Application to anyone at Our sole discretion.
3. User Accounts
3.1. Registration Information
In order to compete in non-cash competitions, You will not need to create an authorized account (“Account”) and become a Registered User. However, in order to compete in pay-to-play cash competitions, You must create an Account through a third-party social network, such as Facebook®, Gmail ®, or Apple® (collectively, "SNS") and become a Registered User. To create an Account You will be asked to provide certain information. QuckAppNinja may require You to (a) submit Your legal first and last name, date of birth and zip code area of residence, Your e-mail address and other details as requested including, but not limited to whether You were referred to the Application by an existing Registered User, and Your promotional code (if applicable); (b) provide Your telephone number and (c) select a unique username and password. A username must not be offensive, be selected to deceive or misinform other Registered Users, and may not offend common decency or infringe upon the rights of third parties. If QuickAppNinja receives information that a username is illegal or in breach of these Terms, the username can be amended by QuickAppNinja without prior notice. For security reasons, passwords must differ from usernames and may be changed whenever You deem necessary. Passwords should not be sequences of consecutive numbers (i.e. “2345678”) or letters (i.e. “ABCDEFG”). More specifically, a secure password should contain a combination of numbers, letters and, when possible, special characters. You are responsible for maintaining the confidentiality of Your login names and passwords and You accept responsibility for all activities, charges, and damages that occur under Your Account. You are responsible for ensuring You use strong and secure passwords, and You may be required to change Your passwords from time to time. You have the option to upload a picture of Your liking which will be displayed against Your username to all Your opponents and other players who have access to the leaderboards in which You have participated in (“Profile Picture”). A selected Profile Picture must not be offensive, be selected to deceive or misinform other Registered Users, and may not offend common decency or infringe upon the rights of third parties. If QuickAppNinja receives information that a Profile Picture is illegal or in breach of these Terms, the profile picture can be amended by QuickAppNinja without prior notice.
You agree to (a) provide true, accurate, current and complete information about Yourself (the “Registration Data”) as prompted by the Application’s registration form and (b) maintain and promptly update the Registration Data to keep it true, accurate, current and complete. You may modify Your Registration Data by logging into Your Account and making such changes. For further assistance, please contact customer service gems_support@quickappninja.com. Any information collected by QuickAppNinja will be held subject to QuickAppNinja’s Privacy Policy and “just-in-time” notices, if any, provided at the point of information collection or use. If You provide any information that is untrue, inaccurate, not current or incomplete, or QuickAppNinja has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, QuickAppNinja reserves the right to suspend or terminate Your Account immediately and refuse any and all current or future use of the Application (or any portion thereof).
3.2. Secrecy Obligation
You agree to keep Your password and username (“Identifiers”) secure and confidential. You are solely responsible for all usage or activity on Your Account including, but not limited to, use of the Account by any person who uses Your Identifiers, with or without authorization, or who has access to any PC on which Your Account is accessible. In the event that You are concerned that Your Identifiers are no longer secure and confidential, You should immediately notify QuickAppNinja by sending an e-mail to gems_support@quickappninja.com whereupon new Identifiers may be selected and allocated and any future transactions under the previous Identifiers may be voided, at the sole discretion of QuickAppNinja. Without limiting the foregoing, any transactions made and accepted within the Application where Your Identifiers have been used (and where You have not previously notified QuickAppNinja as provided herein) will be treated as valid.
3.3. One Account
Only one Account is allowed per person. In the event that QuickAppNinja determines that You have registered more than one Account, then You acknowledge and agree that, in addition to any other rights that QuickAppNinja may have, QuickAppNinja has the right to suspend or terminate Your Account(s), refuse any and all current or future use of the Application, and withhold or revoke the awarding of any prizes.
3.4. No Transfer
Your Account is not transferable. It shall be a violation of these Terms of Use to allow any other person to use Your Account to participate in any contest. If You have reason to believe that someone is using Your Account without Your permission, You should contact us immediately. We will not be responsible for any loss or damage resulting from Your failure to notify us of unauthorized use. If we request registration information from You, You must provide us with accurate and complete information and must update the information when it changes. Under no circumstances shall You allow or permit any other person or third party, including, without limitation, any person under the legal age to participate in the Application, and in no event any person under the age of eighteen (18), to use or re-use Your Account in such a way that may breach the standards or laws in any Jurisdiction where You are located and/or are a resident, or where such other person is located and/or is a resident. You accept full responsibility for any unauthorized use of the Application and for any use of Your credit card or other payment instrument by any other person or third party in connection with Your Account. Any person found to have violated this section may be reported to the relevant authorities and will forfeit all funds in their Account. QuickAppNinja will not be liable for any loss that You may incur as a result of someone else using Your Account, either with or without Your knowledge, unless You have previously notified QuickAppNinja as provided herein that Your Identifiers are no longer secure and confidential. In the absence of prior notification to QuickAppNinja that Your Identifiers are no longer secure and confidential, You will be liable for losses incurred due to someone else using Your Account.
3.5. Equipment Obligation
You must provide all equipment and soVware necessary to connect to the Application, including, but not limited to, a mobile device that is suitable to connect with and use the Application. You are responsible for any fees, including, but not limited to, Internet connection or data usage fees that You incur when accessing the Application. Please note that it is against these Terms to use a PC to participate in the Service and if You are found to be using a PC to participate in the Service all potential winnings are subject to forfeit.
3.6 Daily Bonus
QuickAppNinja provides You with an opportunity to earn a bonus available to be earned every day (“Daily Bonus”). A Daily Bonus can be earned by watching an advertisement video on Your homepage. You will be allowed to watch a maximum of ten (10) videos per day.
4. Contests
4.1. Contests
There are a number of contests/ and or tournaments available on the Application in which You compete in to win a prize. The Application offers different types of free-to-play contests. We reserve the right to modify or cancel contest(s) at any time without notice to You.
All contests offered are designed as games of knowledge pursuant to the Unlawful Internet Gaming Enforcement Act of 2006. Winning a QuickAppNinja contest is determined by Your ability to use Your knowledge.
Each of Our contests are governed by specific rules, as may be modified from time to time, which are set forth in the Official Rules and are incorporated into these Terms by this reference. You have the responsibility to review the rules prior to participating in any contest, and to review the rules for any changes. You agree to abide by the then-current rules for the contest(s) in which You participate. Your failure to follow the then-current rules for the contest(s) in which You participate will result in Your immediate and automatic forfeiture of the contest, and We reserve the right to immediately suspend or terminate Your access to the Application.
4.2. Results and Winners
The results and winners of each contest offered on the Application will be determined by Us at Our sole discretion and such determinations are final. We may change the official results, stats, etc. of events that have already occurred and have been posted to Your Account (or have affected Your score, progress, status, etc.) at Our discretion for reasons. By registering an Account and/or participating in any contest, You agree to be bound by these determinations. Winners will be notified on the Application directly by Us once final games in contest close. Please note that it is against these Terms to use a PC to participate in the Service and if You are found to be using a PC to participate in the Service all potential winnings are subject to forfeit.
4.3. Contest Prizes
Contest prizes may be virtual for use only on the Application or they may be “real.” See Official Rules for each contest to see the prize(s) to be awarded for that contest. No substitution or transfer of prize is permitted except at Our sole discretion. All prizes are awarded AS IS and WITHOUT WARRANTY OF ANY KIND, express or implied, (including, without limitation, any implied warranty of merchantability or fitness for a particular purpose) by Us. If any legal authority challenges the award and/or Your receipt of a prize for winning a contest on the Application, We reserve the right to revoke, cancel, suspend, substitute, or modify the award of such prize.
All monetary winnings will be deposited directly into Your Account. Any amounts that are mistakenly credited as winnings to Your Account remain Our property and will automatically be transferred from Your Account upon confirmation of the error. Any winnings mistakenly credited to Your Account that have been withdrawn by You before confirmation of the error will constitute a debt owed by You to Us in the amount of such wrongfully attributed winnings.
It is the policy of the Application, in compliance with United States Internal Revenue Service regulations, to send an IRS Form 1099 or other appropriate form to any person who wins in excess of $600 (USD) on the Application in any given year. Depending on the jurisdiction in which You reside, the Application may also send You additional, similar tax forms. However, You remain solely responsible for paying all federal and other taxes in accordance with the laws that apply in Your state, province, and/or country of residence.
4.4. Affidavit of Eligibility
If You are a potential prize winner, You may be required to execute and return an affidavit of eligibility, a copy of Your driver’s license, a liability release and, where lawful, a publicity release within thirty (30) days of issuance. If such documents are not returned within the specified time period, or if the prize or prize notification is unclaimed or returned as undeliverable, or if You are not in compliance with these Terms, the prize will be forfeited and may be awarded to another potential winner at Our discretion.
5. Withdrawals from Your Account
5.1. Withdrawals
If You wish to withdraw cash that is got, You will be asked to enter Your PayPal email and confirm before submitting Your withdrawal. You will be charged a one dollar ($1) service fee that is to be deducted from the amount You will withdraw.
The processing of requesting a withdrawal to Your PayPal account may take up to fourteen (14) business days; provided, however, the Application reserves the right to freeze Your Account and/or delay a request for withdrawal of funds pending completion of any investigation of reported or suspected abuse by a Registered User requesting withdrawal of funds. If You do not receive Your withdrawal within five (5) business days, please contact customer support at gems_support@quickappninja.com.
We reserve the right to require You or Your financial institution (if applicable) to submit verification of identification to ascertain the validity of a withdrawal request and Your identity. Withdrawal payments will not be made until such verification is received; if We have not received verification within five (5) days, the withdrawal request will be cancelled and the Account in question may be suspended.
If Your Account is closed by Us for a violation of the Terms, We reserve the right to determine whether to declare as void any transaction placed by You and Your deposits and winnings may be voided and not returned to You. In such an event, We use these funds to defray the costs of administration and enforcement of the Terms.
5.2. U.S. Dollars
All withdrawals will be denominated in U.S. dollars unless otherwise expressly stated. Please also be aware that Our Payment Processors and/or Your financial institution may use different conversion rates for deposit and refund transactions. The conversion rate used is not under Our control and We recommend that You contact Your financial institution directly for more information.
6. Third Party Payment Processors
QuickAppNinja uses third-party electronic payment processors and financial institutions (“Payment Processors”) to process payments for services offered via the Application. The information that We provide to and receive from these Payment Processors and the manner in which such information is used and disclosed is described in further detail in Our Privacy Policy. You irrevocably authorize Us, as necessary, to instruct such Payment Processors to handle payments and You irrevocably agree that QuickAppNinja may give such instructions on Your behalf in accordance with Your requests as submitted through the Application. You agree to be bound by the terms and conditions of each applicable Payment Processor, and in the event of a conflict between these Terms and the Payment Processors’ terms and conditions, then these Terms shall prevail. You agree that QuickAppNinja is not liable for any loss caused by any unauthorized use of Your credit card or other method of payment by a third party in connection with Your use of the Application, except as a result of the gross negligence of QuickAppNinja or its employees.
7. Online Conduct
7.1. Conduct Restrictions
You agree to use the Application only for lawful purposes. Unacceptable uses include without limitation:
(i) Engaging in any illegal activity or the planning of any illegal activity;
(ii) Disseminating or transmitting statements or material that, to a reasonable person, may be abusive, obscene, pornographic, defamatory, harassing, grossly offensive, vulgar, threatening or malicious;
(iii) Creating, uploading, disseminating or transmitting files, graphics, soVware or other material that actually or potentially infringes the copyright, trademark, patent, trade secret, publicity, or other intellectual property rights of any person;
(iv) Creating a false identity, impersonating another person, or otherwise attempting to mislead any person as to the identity or origin of any communication;
(v) Exporting, re-exporting or permitting the downloading of any message, soVware or content in violation of any export or import law, regulation or restriction of the United States and its agencies or authorities, or without all required approvals, licenses or exemptions;
(vi) Interfering, disrupting or attempting to gain unauthorized access to the Application, other accounts in the Application or any other computer network;
(vii) Uploading, disseminating or transmitting viruses, worms, Trojan horses, RATs, keyboard loggers, time bombs, spyware, adware, cancelbots or any other malicious or invasive code or program;
(viii) User Content that, in the sole judgment of QuickAppNinja, is objectionable, adversely affects the availability of its resources to others (e.g., excessive shouting, use of all capital letters, or flooding or continuous posting of repetitive text), or may expose QuickAppNinja or its users to any harm or liability of any type.
(itt) Stalking or harassing another Registered User;
(x) Improperly using support or complaint buttons or making false reports to QuickAppNinja; or
(xi) Engaging in any other activity deemed by QuickAppNinja to be in conflict with the spirit or intent of the Application.
7.2. Reporting Abuse or Inappropriate Conduct
If You wish to report any abuses, inappropriate online conduct or a violation of Our Terms, please forward all evidence of the same to gems_support@quickappninja.com. Please refer responsibly!
8. Intellectual Property Rights
8.1. Copyright Information and Personal & Non-Commercial Use Limitation Content within the Application is owned and/or licensed by QuickAppNinja and is protected by international copyright, trade dress, patent, and trademark laws, international conventions, and other laws protecting intellectual property and related proprietary rights. You may not copy or download any content from the Application unless You are authorized to do so in writing by QuickAppNinja. You agree not to remove, obscure, or alter copyright, patent, trademark, or other proprietary rights notices affitted to content. You may not sell, license, distribute, copy, modify, publicly perform or display, transmit, publish, edit, adapt, create derivative works from, or otherwise make unauthorized use of content. QuickAppNinja reserves all rights in the content that are not expressly granted to You in these Terms.
Making unauthorized copies of content found in the Application may result in the termination of Your Account, prohibition on use of the Application, and further legal action. Content owners may take criminal or civil action against You for unauthorized use of intellectual property. You agree to indemnify and hold harmless QuickAppNinja from any unauthorized or illegal conduct by You, or through the use of Your Account, on the Application.
8.2. Notice and Procedure for Making Claims under the Digital Millennium Copyright Act
The Digital Millennium Copyright Act (DMCA) provides recourse to copyright owners who believe that their rights under the United States Copyright Act have been infringed by acts of third parties over the Internet. If You believe that Your copyrighted work has been copied without Your authorization and is available within the Application in a way that may constitute copyright infringement, You may provide notice of Your claim to QuickAppNinja’s Designated Agent listed below. For Your notice to be effective, it must include the following information:
(1) A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
(2) A description of the copyrighted work that You claim has been infringed upon;
(3) A description of where the material that You claim is infringing is located within the Application;
(4) Information reasonably sufficient to permit QuickAppNinja to contact the complaining party, such as address, telephone number, and, if available, an email address at which the complaining party may be contacted;
(5) A statement by You that You have a good-faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and
(6) A statement that the information in the notification is accurate and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
QuickAppNinja’s Designated Agent is:
Dmitry Placko
Email: dmca@quickappninja.com
The Designated Agent should be contacted only if You believe that Your work has been used or copied in a way that constitutes copyright infringement and such infringement is occurring within the Application. All other inquires to the Designated Agent will not be answered.
8.3. Trademarks
QuickAppNinja owns or in the process of registering trademarks for its many goods and services, including, without limitation, “QuickAppNinja”, and the associated graphics, logos and service marks and may not be used without prior written consent of QuickAppNinja. All other trademarks, product names, and company names and logos appearing within the Application are the property of their respective owners.
8.4. Rights of Publicity
By participating in a contest or service offered via the Application, You agree to the use by QuickAppNinja of Your username, photograph(s), likeness, statements, biographical information, voice and city and state address for advertising and promotional purposes for that contest and/or other QuickAppNinja contests, worldwide, and in perpetuity, in any and all forms of media, now known or devised without compensation, review or approval rights, notification or permission, except where prohibited by law.
We reserve the right to make public statements about the entrants and winner(s), on-air, on the Internet, or otherwise, prior to, during, or following the contest. You agree that We may announce any winner's name on-air or on the Application at any time in connection with the marketing and promotion of Our Application and the services or contests offered by Us.
8.5. Ideas and Inventions
All comments, feedback, suggestions, ideas, and other submissions (“Ideas”) disclosed, submitted, or offered to QuickAppNinja in connection with Your use of the Application shall be the exclusive property of QuickAppNinja. You agree that unless otherwise prohibited by law QuickAppNinja may use, sell, exploit and disclose the Ideas in any manner, without restriction and without compensation to You.
9. Limitations on Warranty and Liability
You expressly agree that use of the Application is at Your sole risk. Neither QuickAppNinja nor any of its members, managers, or employees, contractors, agents, merchants, sponsors, licensors, content providers, vendors, component suppliers (both hardware and software), and/or any third party who provides products or services purchased from or distributed by QuickAppNinja (collectively “Providers”), or the like, warrant that services affiliated with QuickAppNinja, including, but not limited to, the Application and the services offered thereon, will be uninterrupted, error-free, or free of viruses, worms, Trojan horses, keyboard loggers, spyware, adware, malware, harmful or malicious code, or other defects. The information, products and services published in the Application may contain inaccuracies or typographical errors. Neither QuickAppNinja nor any QuickAppNinja Providers make a warranty as to the results that may be obtained from the use of the Application or as to the accuracy, reliability, or currency of any information, content, or services, provided through the Application. Furthermore, QuickAppNinja and QuickAppNinja Providers shall not be responsible for any opinions, views, advice or statements posted on the Application (including, without limitation, in any public posting areas of the Application) by any person or entity other than an authorized QuickAppNinja spokesperson. Advertisers, content providers, Registered Users, guests, independent writers, and non-coach experts are not our authorized spokespersons. At no time should the opinions, views, advice or statements provided by advertisers, content providers, Registered Users, guests, independent writers, or non- coach experts be relied upon for important personal decisions without independent verification.
9.1. Disclaimer of Warranties
YOUR USE OF OUR APPLICATION IS AT YOUR SOLE RISK. THE APPLICATION IS PROVIDED BY US ON AN "AS IS" AND "AS AVAILABLE" BASIS. TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, WE AND OUR QUICKAPPNINJA PROVIDERS DISCLAIM ALL IMPLIED WARRANTIES, INCLUDING BUT NOT LIMITED TO, IMPLIED AND STATUTORY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NONINFRINGEMENT OF PROPRIETARY RIGHTS. WE AND OUR QUICKAPPNINJA PROVIDERS MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE APPLICATION, SECURITY OF THE APPLICATION, THE AVAILABILITY OF ANY GOODS OR OFFERINGS OFFERED ON OR THROUGH THE APPLICATION, INCLUDING EMAIL, OR THE INFORMATION, CONTENT, SERVICES, MATERIALS OR PRODUCTS, INCLUDED ON THE APPLICATION. ANY SERVICE OR SERVICE APPLICATIONS DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE APPLICATION IS DONE AT YOUR OWN DISCRETION AND RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR DEVICE OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD AND/OR INSTALLATION OF ANY SUCH MATERIAL. SOME STATES OR OTHER JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.
9.2. Limitation of Liability
QUICKAPPNINJA AND QUICKAPPNINJA PROVIDERS DO NOT GUARANTEE THE CONTINUOUS, UNINTERRUPTED OR SECURE ACCESS TO THE APPLICATION OR ANY RELATED SERVICE. THE OPERATION OF THE APPLICATION MAY BE INTERFERED WITH BY NUMEROUS FACTORS OUTSIDE THE CONTROL OF QUICKAPPNINJA AND QUICKAPPNINJA PROVIDERS. YOU EXPRESSLY UNDERSTAND AND AGREE THAT QUICKAPPNINJA AND QUICKAPPNINJA PROVIDERS WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF OR INABILITY TO USE THE APPLICATION, AS DEFINED HEREIN, OR ANY RELATED SERVICE, INCLUDING, BUT NOT LIMITED TO, DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, AND PUNITIVE DAMAGES WHETHER SUCH CLAIM IS BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE, (EVEN IF QUICKAPPNINJA HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES). TO THE MAXIMUM EXTENT PERMITTED BY LAW THAT QUICKAPPNINJA IS FOUND TO BE LIABLE, IN NO EVENT SHALL QUICKAPPNINJA OR QUICKAPPNINJA PROVIDERS BE LIABLE FOR ANY DAMAGES THAT EXCEED ONE THOUSAND DOLLARS ($1,000).
THE LIMITATION OF THIS PARAGRAPH SHALL APPLY NOTWITHSTANDING ANY RELIANCE BY YOU ON ANY INFORMATION OBTAINED FROM THE APPLICATION OR THAT RESULTS FROM MISTAKES, OMISSIONS, INTERRUPTIONS, DELETION OF FILES OR E-MAIL, ERRORS, DEFECTS, VIRUSES OR OTHER MALICIOUS CODE, DELAYS IN OPERATION OR TRANSMISSION, OR ANY FAILURE OF PERFORMANCE, WHETHER OR NOT RESULTING FROM ACTS OF GOD, COMMUNICATIONS FAILURE, THEFT, DESTRUCTION, OR UNAUTHORIZED ACCESS TO QUICKAPPNINJA’S RECORDS, PROGRAMS, OR SERVICES, AND WHETHER OR NOT QUICKAPPNINJA OR QUICKAPPNINJA PROVIDERS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOU HEREBY ACKNOWLEDGE THAT THIS PARAGRAPH SHALL APPLY TO ALL INFORMATION, CONTENT, SERVICES, MATERIALS OR PRODUCTS AVAILABLE THROUGH THE APPLICATION.
SUCH LIMITATION OF LIABILITY SHALL APPLY WHETHER THE DAMAGES ARISE FROM USE OR MISUSE OF AND RELIANCE ON QUICKAPPNINJA'S APPLICATION AND SERVICE, FROM INABILITY TO USE QUICKAPPNINJA'S APPLICATION OR SERVICE, OR FROM THE INTERRUPTION, SUSPENSION, OR TERMINATION OF OUR APPLICATION AND SERVICE (INCLUDING SUCH DAMAGES INCURRED BY THIRD PARTIES). SOME STATES OR OTHER JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS AND EXCLUSIONS MAY NOT APPLY TO YOU.
If You are dissatisfied with any portion of the Application and the services offered thereon, Your sole and exclusive remedy is to discontinue Your use of the Application.
10. Indemnification
You agree to indemnify, save, and hold QuickAppNinja harmless from any claims, losses, damages, liabilities, including legal fees and expenses, arising out of Your use or misuse of the Application, any violation by You of these Terms, or any breach of the representations, warranties, and covenants made by You herein. QuickAppNinja reserves the right, at Your expense, to assume the exclusive defense and control of any matter for which You are required to indemnify QuickAppNinja, and You agree to cooperate with QuickAppNinja’s defense of these claims. QuickAppNinja will use reasonable efforts to notify You of any such claim, action, or proceeding upon becoming aware of it. You agree that the provisions in this paragraph will survive any termination of Your Account or of the Application.
11. Termination of Application and Accounts
QuickAppNinja may terminate the entire Application or a portion of the Application and the services offered thereon at any time. QuickAppNinja may also terminate Your Account (and access to all related entitlements) for violation of these Terms, illegal or improper use of Your Account, or illegal or improper use of the Application or services offered thereon. We also reserve the right to terminate any Accounts that have been inactive for one (1) year. You acknowledge that QuickAppNinja is not required to provide You notice before terminating Your Account(s). If QuickAppNinja terminates Your Account, You may not again participate in services offered on the Application without QuickAppNinja’s express permission. You may cancel Your Account at any time by following the instructions within the Application or contacting gems_support@quickappninja.com. By permanently deleting Your Account, all Your personal information including identification data, will be permanently deleted and should You choose to reregister, You will need to create a new account and submit applicable re-verification identification documents.
In the event that Your Account is terminated or cancelled, You will have no further access to Your Account or anything associated with it. You can lose Your username and persona as a result of Account termination or cancellation. If You cancel Your Account, QuickAppNinja reserves the right to collect fees, surcharges or costs incurred before You cancelled Your Account. If Your Account is closed by Us for a violation of the Terms, We reserve the right to determine whether to declare as void any transaction placed by You and Your deposits and winnings may be voided and not returned to You. In such an event, We use these funds to defray the costs of administration and enforcement of the Terms.
QuickAppNinja reserves the right to refuse to keep an Account for, and provide the Application to, any individual. You may not allow any individual whose Account has been terminated by QuickAppNinja to use Your Account.
12. Third Party Advertising
You understand that the Application may feature advertisements from QuickAppNinja or third parties. QuickAppNinja's disclosure of information for third party advertising is addressed in Our Privacy Policy. Additionally, any charges or obligations You incur in Your dealings with these third parties are Your responsibility. QuickAppNinja makes no representation or warranty regarding any content, goods and/or services provided by any third party even if linked to from the Application, and will not be liable for any claim relating to any third party content, goods and/or services. The linked sites are not under the control of QuickAppNinja and may collect data or solicit personal information from You. QuickAppNinja is not responsible for their content, business practices or privacy policies, or for the collection, use or disclosure of any information those sites may collect. Further, the inclusion of any link does not imply endorsement by QuickAppNinja of these linked sites.
13. Privacy and Data Collection
QuickAppNinja’s Privacy Policy is an integral part of these Terms and is incorporated into this document by reference. If You do not agree to each and every part of Our Privacy Policy, then You should not use the Application or submit any personally identifiable information through the Application. Questions regarding privacy issues should be directed to gems_support@quickappninja.com.
14. Maintenance and Updates to the Application
QuickAppNinja conducts maintenance work on its system from time to time mainly for the purpose of ensuring security and integrity. A portion, or sometimes all, of the features of the Application will not be available during maintenance periods. If possible, You will be notified of maintenance periods in advance, however, You hereby agree that QuickAppNinja may update the Application with or without notifying You.
All problems encountered during the use of the Application, including those with regard to Your Account, etc., can be reported to QuickAppNinja when the problem is encountered at gems_support@quickappninja.com.
15. Circumvention
You acknowledge and agree that You shall not circumvent or attempt to circumvent these Terms or the Application or otherwise interrupt or attempt to interrupt the operations of QuickAppNinja (collectively, a “Circumvention Act”). If QuickAppNinja determines, in its sole discretion, that You have engaged, or attempted to engage, in any Circumvention Act, or to otherwise commit fraud with regard to the Application, then, in such an event, QuickAppNinja reserves the right to institute civil or criminal proceedings against You and to report You to the relevant regulatory authorities.
16. California Consumer Notice
As required by California Code Section 1789.3, this notice is to advise You that (a) the Application is provided by QuickAppNinja, Valdemara 21, Riga, LV1010, Latvia; QuickAppNinja reserves the right to change the amount of any fee or charge and to institute new fees or charges, effective on reasonable notice to You. If You have a complaint regarding the Application or desire further information on use of the Application, please contact gems_support@quickappninja.com.
17. Supplemental Policies
QuickAppNinja may publish additional policies related to specific services such as forums, games, activities, contests, tournaments, or promotions. Your right to use such services is subject to those specific policies and these Terms.
18. General Terms
18.1. Assignment
QuickAppNinja may assign or delegate these Terms, 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 without QuickAppNinja’s prior written consent, and any unauthorized assignment and delegation by You is void and ineffective.
18.2. Remedies
You agree that these Terms are not intended to confer and do not confer any rights or remedies upon any person other than the parties to these Terms. You also understand and agree that these Terms, the QuickAppNinja Privacy Policy, including any enforcement of those policies, are not intended to confer, and do not confer, any rights or remedies upon any person.
18.3. Severability
If any part of these Terms is held invalid or unenforceable, that portion shall be interpreted in a manner consistent with applicable law to reflect, as nearly as possible, the parties’ original intentions, and the remaining portions shall remain in full force and effect.
18.4. Waiver
Any failure on QuickAppNinja’s part to exercise or enforce any right or provision of these Terms will not constitute waiver of such right or provision. Any waiver of any provision of these Terms will be effective only if in writing signed by QuickAppNinja.
18.5. Statute of Limitations
You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Application, Terms, or the QuickAppNinja Privacy Policy must be filed within ONE (1) YEAR aVer such claim or cause of action arose or be forever barred.
18.6. Force Majeure
We shall not be liable for any delay or failure to perform resulting from causes outside the reasonable control of QuickAppNinja, including without limitation any failure to perform hereunder due to unforeseen circumstances or cause beyond QuickAppNinja’s control such as acts of God, war, terrorism, riots, embargoes, acts of civil or military authorities, pandemics, epidemics, fire, floods, accidents, network infrastructure failures, strikes, or shortages of transportation facilities, fuel, energy, labor or materials.
18.7. Entire Agreement
The Terms (including the QuickAppNinja Privacy Policy) and any official rules or instructions regarding a particular game, activity, contest, or promotion constitute the entire agreement between You and QuickAppNinja relating to Your rights and obligations in connection with Your use of the Application. If there is any conflict between the Terms and any other rules or instructions posted on a particular service made available via the Application, QuickAppNinja shall resolve the conflict in QuickAppNinja’s sole discretion.
18.8. Notices
We may notify You via postings in the Application and via e-mail or any other communications means to the contact information You provide to Us. All notices given by You or required from You under these Terms shall be in writing and addressed to: QuickAppNinja, Detlava Brantkalna str. 14 - 45, Riga, LV1082, Latvia. Any notices that You provide without compliance with this Section on Notices shall have no legal effect.
19. Dispute Resolution
PLEASE READ THIS PROVISION CAREFULLY. THIS SECTION MAY SIGNIFICANTLY IMPACT YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT.
19.1. Preliminary Dispute Resolution
By entering into this agreement, You agree to work with QuickAppNinja in good faith to resolve any dispute, controversy, disagreement or claim (“Dispute”) arising out of or relating to these Terms or Your use of the Application before escalating the Dispute to binding arbitration or litigation, as addressed below. You must give QuickAppNinja an opportunity to resolve the Dispute by sending written notification gems_support@quickappninja.com with the subject line “DISPUTE”. The written notification of Dispute must include (1) Your name, (2) Your address, (3) a written description of Your Dispute, and (4) a description of the specific relief You seek. If QuickAppNinja does not resolve the Dispute within forty- five (45) days after receipt of Your written notification, You may pursue Your dispute in binding arbitration. You may pursue Your dispute in a court only under the limited circumstances described below.
19.2. Binding Arbitration
By entering into this agreement, You agree that all Disputes between You and QuickAppNinja that cannot be resolved through QuickAppNinja’s preliminary dispute resolution procedure shall be resolved exclusively and finally by binding arbitration conducted in Latvia before a single arbitrator. The laws of Latvia shall be applied in any arbitration proceedings, without regard to principles of conflict of laws. EXCEPT AS OTHERWISE PROVIDED BELOW, NO DISPUTE MAY BE BROUGHT AS A CLASS ACTION AND YOU DO NOT HAVE THE RIGHT TO PARTICIPATE AS A MEMBER OF A CLASS ACTION WITH RESPECT TO ANY DISPUTE.
You further agree that the arbitrator, and not any federal, state or local court or agency, shall have exclusive authority to resolve all disputes arising out of or relating to the interpretation, applicability, enforceability or formation of these Terms, including, but not limited to any claim that all or any part of these Terms are void or voidable, or whether a claim is subject to arbitration. The arbitrator may award on an individual basis any relief that would be available pursuant to applicable law, and will not have the power to award relief to, against or for the benefit of any person who is not a party to the proceeding. The arbitrator will make any award in writing but need not provide a statement of reasons unless requested by a party. The arbitrator’s decision shall be final and binding on You and QuickAppNinja and may be entered as a judgment in any court of competent jurisdiction. Each party shall bear its own costs in connection with any arbitration proceedings. The parties shall equally share the fees of the arbitration and the arbitrator.
19.3. Class Action Waiver
By entering into this agreement, You further agree that any and all arbitration or litigation involving QuickAppNinja shall be conducted individually and not as a class action or other representative action, and You expressly waive Your right to file a class action or seek relief on a class basis. YOU AND QUICKAPPNINJA AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING UNLESS BOTH YOU AND QUICKAPPNINJA SPECIFICALLY AGREE TO DO SO FOLLOWING INITIATION OF THE ARBITRATION. If You choose to pursue Your dispute in court by opting out of the binding arbitration provision, as specified below, this Class Action Waiver will not apply to You. Neither You, nor any other user of the Application can be a class representative, class member, or otherwise participate in a class, consolidated, or representative proceeding against QuickAppNinja without having complied with the opt-out requirements below.
19.4. Exception - Litigation of Intellectual Property and Small Claims Court Claims
Notwithstanding the parties' decision to resolve all disputes through binding arbitration, You or QuickAppNinja may bring an action in a court located in Latvia to protect or enforce intellectual property rights. Intellectual property rights includes patents, copyrights, moral rights, trademarks, and trade secrets, but not privacy or publicity rights.
19.5. Right to Opt-Out
YOU HAVE THE RIGHT TO OPT-OUT OF THE BINDING ARBITRATION AND CLASS ACTION WAIVER PROVISIONS SET FORTH ABOVE WITHIN THIRTY (30) DAYS FROM THE DATE THAT YOU FIRST CONSENT TO THIS AGREEMENT (the “Opt-Out Deadline”). You may opt-out of these provisions by mailing written notification to QuckAppNinja, 14 Detlava Brantkalna str. 45, Riga, LV1082, Latvia. Your written notification must include (1) Your name, (2) Your address, and (3) a clear statement that You do not wish to resolve disputes with QuickAppNinja through binding arbitration. Your decision to opt-out of these provisions will have no adverse effect on Your relationship with QuickAppNinja. If You opt-out of these provisions, QUICKAPPNINJA also will not be bound by them. Any opt-out request received a_er the Opt-Out Deadline will not be valid and You must pursue Your dispute through binding arbitration or small claims court.
These Terms and Conditions of Use may be changed at any time, without prior notice. Please visit this page regularly for updates to the Terms and Conditions of Use. You are reminded to print all transaction data, payment methods and these Terms and Conditions of Use in order to avoid misunderstandings at a later time.
THE SECTION TITLES IN THESE TERMS AND CONDITIONS OF USE ARE FOR CONVENIENCE ONLY AND HAVE NO LEGAL OR CONTRACTUAL EFFECT.