Terms Of Service

IMPORTANT - READ CAREFULLY: This Terms of Use ("Terms") is a legal agreement between you and zGames and governs the use by "you" of zGames’s website, services, forums, games and applications (collectively, the "Play Services"). By using the Play Services you agree to these Terms. If you do not agree to these Terms, do not purchase or use the Play Services.

Before accessing or using the Play Services, including browsing any zGames 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 Play Services (an "Account"). By registering for an Account or otherwise using the Play Services, you represent that you are age 13 or older. If you are between the ages of 13 and 17, you represent that your legal guardian has reviewed and agreed to these Terms. If you access the Play Services from a Social Networking Site ("SNS"), such as Facebook or Google+, you shall comply with its terms of service/use as well as these Terms of Service.

BY INSTALLING, USING OR OTHERWISE ACCESSING THE PLAY SERVICES, YOU AGREE TO THESE TERMS OF SERVICE. IF YOU DO NOT AGREE TO THESE TERMS OF SERVICE, PLEASE DO NOT INSTALL, USE OR OTHERWISE ACCESS THE PLAY SERVICES. USE OF THE PLAY SERVICES IS VOID WHERE PROHIBITED.

zGames reserves the right, at its discretion, to change, modify, add or remove portions of these Terms of Service,  its Privacy Policy and other relevant zGames policies at any time by posting the amended terms on the Play Services. You will be deemed to have accepted such changes by continuing to use the Play Services. If at any point you do not agree to any portion of the then-current version of our Terms of Service, the zGames Privacy Policy, or any other zGames policy, rules or codes of conduct relating to your use of the Service, your license to use the Service shall immediately terminate, and you must immediately stop using the Play Services.

1. License

1.1. Grant of a Limited License to Use the Play Services

Subject to your agreement and continuing compliance with these Terms of Service and any other relevant zGames policies, zGames grants you a non-exclusive, non-transferable, non-sublicensable, revocable and limited license to access and use the Service for your own non-commercial entertainment purposes. You agree not to use the Play Services for any other purpose.

The following restrictions apply to the use of the Play Services:

1.2 Login information and Your Account

You may be required to select a password for your Account or you may also use other credentials to access the Account ("Login Information"). You shall not share the Account or the Login Information, nor let anyone else access your Account or do anything else that might jeopardize the security of your Account. In the event you become aware of or reasonably suspect any breach of security, including without limitation any loss, theft, or unauthorized disclosure of the Login Information, you must immediately notify zGames and modify your Login Information. You are solely responsible for maintaining the confidentiality of the Login Information, and you will be responsible for all uses of the Login Information, including purchases, whether or not authorized by you. You are responsible for anything that happens through your Account. Please, take a note that zGames, can store your Account data on your device only, therefore when you delete an app, you will loose all your data and if it happens you are responsible for that.

zGames reserves the right to remove or reclaim any usernames at any time and for any reason, including but not limited to claims by a third party that a username violates the third party's rights.

The Play Services supports only one Account per game on a supported device.

1.3 License Limitations

Any use of the Play Services in violation of these License Limitations is strictly prohibited, can result in the immediate revocation of your limited license and may subject you to liability for violations of law.

You agree that you will not, under any circumstances:

zGames reserves the right to determine what conduct it considers to be in violation of the rules of use or otherwise outside the intent or spirit of these Terms of Service or the Play Services itself. zGames reserves the right to take action as a result, which may include terminating your Account and prohibiting you from using the Play Services in whole or in part.

1.4 Suspension and Termination of Account and Service

WITHOUT LIMITING ANY OTHER REMEDIES, ZGAMES MAY LIMIT, SUSPEND, TERMINATE, MODIFY, OR DELETE ACCOUNTS OR ACCESS TO THE PLAY SERVICES OR PORTIONS THEREOF IF YOU ARE, OR ZGAMES SUSPECTS THAT YOU ARE, FAILING TO COMPLY WITH ANY OF THESE TERMS OF SERVICE OR FOR ANY ACTUAL OR SUSPECTED ILLEGAL OR IMPROPER USE OF THE SERVICE, WITH OR WITHOUT NOTICE TO YOU. YOU CAN LOSE YOUR USER NAME AND PERSONA IN THE PLAY SERVICES AS A RESULT OF ACCOUNT TERMINATION OR LIMITATION, AS WELL AS ANY BENEFITS, PRIVILEGES, EARNED ITEMS AND PURCHASED ITEMS ASSOCIATED WITH YOUR USE OF THE PLAY SERVICES, AND ZGAMES IS UNDER NO OBLIGATION TO COMPENSATE YOU FOR ANY SUCH LOSSES OR RESULTS.

WITHOUT LIMITING OUR OTHER REMEDIES, WE MAY LIMIT, SUSPEND OR TERMINATE THE PLAY SERVICES AND USER ACCOUNTS OR PORTIONS THEREOF, PROHIBIT ACCESS TO OUR GAMES AND SITES, AND THEIR CONTENT, SERVICES AND TOOLS, DELAY OR REMOVE HOSTED CONTENT, AND TAKE TECHNICAL AND LEGAL STEPS TO PREVENT USERS FROM ACCESSING THE PLAY SERVICES IF WE BELIEVE THAT THEY ARE CREATING RISK OR POSSIBLE LEGAL LIABILITIES, INFRINGING THE INTELLECTUAL PROPERTY RIGHTS OF THIRD PARTIES, OR ACTING INCONSISTENTLY WITH THE LETTER OR SPIRIT OF OUR TERMS OR   POLICIES. ADDITIONALLY, WE MAY, IN APPROPRIATE CIRCUMSTANCES AND AT OUR SOLE DISCRETION, SUSPEND OR TERMINATE ACCOUNTS OF USERS WHO MAY BE REPEAT INFRINGERS OF THIRD PARTY INTELLECTUAL PROPERTY RIGHTS.

ZGAMES RESERVES THE RIGHT TO TERMINATE ANY ACCOUNT THAT HAS BEEN INACTIVE FOR 180 DAYS.

zGames reserves the right to stop offering and/or supporting the Play Services or a particular game or part of the Play Services at any time, at which point your license to use the Play Services or a part thereof will be automatically terminated. In such event, zGames shall not be required to provide refunds, benefits or other compensation to users in connection with such discontinued Play Services.

Termination of your Account can include disabling your access to the Play Services or any part thereof including any content you submitted or others submitted.

2. Ownership

2.1. Games and Service

All rights, title and interest in and to the Play Services (including without limitation any games, titles, computer code, themes, objects, characters, character names, stories, dialogue, catch phrases, concepts, artwork, animations, sounds, musical compositions (if original), audio-visual effects, methods of operation, moral rights, documentation, in-game chat transcripts, character profile information, recordings of games played using a zGames game client, and the zGames game clients and server software) are owned by zGames. zGames reserves all rights, including without limitation, all intellectual property rights or other proprietary rights, in connection with its games and the Play Services.

2.2. Accounts

NOTWITHSTANDING ANYTHING TO THE CONTRARY HEREIN, YOU ACKNOWLEDGE AND AGREE THAT YOU SHALL HAVE NO OWNERSHIP OR OTHER PROPERTY INTEREST IN THE ACCOUNT, AND YOU FURTHER ACKNOWLEDGE AND AGREE THAT ALL RIGHTS IN AND TO THE ACCOUNT ARE AND SHALL FOREVER BE OWNED BY AND INURE TO THE BENEFIT OF ZGAMES.

2.3. Virtual Items

zGames owns, has licensed, or otherwise has rights to use all of the content that appears in the Play Services or in zGames’s games. Notwithstanding any provision to the contrary herein, you agree that you have no right or title in or to any content that appears in the Play Services, including without limitation the virtual goods or currency appearing or originating in any zGames game, whether earned in a game or purchased from zGames, or any other attributes associated with an Account or stored on the Play Services.

3. User Content

3.1. Submission of User Content

"User Content" means any communications, images, sounds, and all the material, data, and information that you upload or transmit through a zGames game client or the Play Services, or that other users upload or transmit, including without limitation any chat text. By transmitting or submitting any User Content while using the Play Services, you affirm, represent and warrant that such transmission or submission is (a) accurate and not confidential or misleading; (b) not in violation of any laws, contractual restrictions or other third party rights, and that you have permission from any third party whose personal information or intellectual property is comprised in the User Content; (c) free of viruses, adware, spyware, worms or other malicious code; and (d) you acknowledge and agree that any of your personal information within such content will at all times be processed by zGames in accordance with its Privacy Policy.

3.1.2 Public Discourse

The Service may include various forums, blogs and chat features where you can post User Content, including your observations and comments on designated topics. zGames cannot guarantee that other members will not use the ideas and information that you share. Therefore, if you have an idea or information that you would like to keep confidential and/or don't want others to use, do not post it on the Play Services. zGames shall have no responsibility to evaluate, use or compensate you for any ideas or information you may choose to submit.

3.1.3 Responsible For Your Own Content

You are solely responsible for the information that you post on, through or in connection with the Play Services and that you provide to others. zGames may reject, refuse to post or delete any User Content for any or no reason, including, but not limited to, User Content that in the sole judgment of zGames violates these Terms of Service.

3.1.4 User Interactions

You are solely responsible for your interactions with other users of the Play Services and any other parties with whom you interact through the Service and/or zGames games. zGames reserves the right, but has no obligation, to become involved in any way with these disputes. You will fully cooperate with zGames to investigate any suspected unlawful, fraudulent or improper activity, including, without limitation, granting zGames access to any password-protected portions of your Account.

If you have a dispute with one or more users, you release us (and our officers, directors, agents, subsidiaries, joint ventures and employees) 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.

4. Fees and Purchase Terms

4.1.Purchases

In the Play Services you may purchase, with "real world" money, a limited, personal, non-transferable, non-sublicensable, revocable license to use (a) "virtual currency", including but not limited to virtual cash or premium currency, all for use in zGames games; (b) "virtual in-game items" (together with "virtual currency", "Virtual Items"); and (c) other goods or services ("Merchandise"). You are only allowed to purchase Virtual Items from us or our authorised partners through the Play Services, and not in any other way.

zGames may manage, regulate, control, modify or eliminate Virtual Items and/or Merchandise at any time, with or without notice. zGames shall have no liability to you or any third party in the event that zGames exercises any such rights.

The transfer of Virtual Items and Merchandise is prohibited except where expressly authorized in the Play Services. Other than as expressly authorized in the Play Services, you shall not sell, purchase, redeem or otherwise transfer Virtual Items or Merchandise to any person or entity or attempt any of the aforesaid, including but not limited to zGames, another user or any third party.

ALL PURCHASES AND REDEMPTIONS OF VIRTUAL ITEMS MADE THROUGH THE PLAY SERVICES ARE FINAL AND NON-REFUNDABLE.

The provision of Virtual Items for use in zGames games is a service provided by zGames that commences immediately upon acceptance by zGames of your purchase.

4.2. Payment of Fees

You agree to pay all fees and applicable taxes incurred by you or anyone using an Account registered to you. zGames may revise the pricing for the goods and services offered through the Play Services at any time. YOU ACKNOWLEDGE THAT ZGAMES 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.

5. Updates to the Service

You understand that the Play Services is an evolving one. zGames may require that you accept updates to the Service and to zGames's games you have installed on your device or computer. You acknowledge and agree that zGames may update the Play Services and zGames games, with or without notifying you. You may need to update third party software from time to time in order to receive the Play Services and play zGames games.

6. Disclaimer of Warranties

WITHOUT LIMITING ZGAMES'S LIABILITY UNDER SECTION 7 BELOW, THE PLAY SERVICES IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS FOR YOUR USE, WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, AND THOSE ARISING FROM COURSE OF DEALING OR USAGE OF TRADE. ZGAMES DOES NOT WARRANT THAT YOU WILL BE ABLE TO ACCESS OR USE  THE PLAY SERVICES AT THE TIMES OR LOCATIONS OF YOUR CHOOSING; THAT THE PLAY SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE; THAT DEFECTS WILL BE CORRECTED; OR THAT THE GAME OR THE PLAY SERVICES ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

Some jurisdictions do not allow the exclusion of certain warranties. Accordingly, some of the above disclaimers may not apply to you.

7. Limitation of Liability; Sole and Exclusive Remedy; Indemnification

TO THE MAXIMUM EXTENT PERMITTED BY LAW, ZGAMES SHALL NOT BE LIABLE TO YOU FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, PUNITIVE OR OTHER SIMILAR DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF REVENUES, LOST PROFITS, LOST DATA OR BUSINESS INTERRUPTION OR OTHER INTANGIBLE LOSSES (HOWEVER SUCH LOSSES ARE QUALIFIED), ARISING OUT OF OR RELATING IN ANY WAY TO THESE TERMS OF SERVICE OR THE SERVICE ITSELF, WHETHER BASED ON CONTRACT, TORT OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT ZGAMES HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. TO THE EXTENT NOT PROHIBITED BY LAW, ZGAMES SHALL NOT BE LIABLE TO YOU FOR MORE THAN THE AMOUNT YOU HAVE PAID TO ZGAMES IN ACCORDANCE WITH THESE TERMS OF SERVICE IN THE SIX (6) MONTHS IMMEDIATELY PRECEDING THE DATE ON WHICH YOU FIRST ASSERT A CLAIM. YOU ACKNOWLEDGE AND AGREE THAT IF YOU HAVE NOT PAID ANYTHING TO ZGAMES DURING SUCH TIME PERIOD, YOUR SOLE REMEDY (AND ZGAMES'S EXCLUSIVE LIABILITY) FOR ANY DISPUTE WITH ZGAMES IS TO STOP USING THE SERVICE AND TO CANCEL YOUR ACCOUNT.

NOTHING IN THESE TERMS OF SERVICE SHALL AFFECT THE STATUTORY RIGHTS OF ANY CONSUMER OR EXCLUDE OR RESTRICT ANY LIABILITY RESULTING FROM GROSS NEGLIGENCE OR WILLFUL MISCONDUCT OF ZGAMES OR FOR DEATH OR PERSONAL INJURY ARISING FROM ANY NEGLIGENCE OR FRAUD OF ZGAMES.

You agree to indemnify, defend and hold zGames (and our officers, directors, agents, subsidiaries, joint ventures and employees) harmless from any claim, demand, damages or other losses, including reasonable attorneys' fees, asserted by any third-party resulting from or arising out of your use of the Play Services, or any breach by you of these Terms of Service, however the foregoing does not apply if the infringement of rights is not attributable to your intentional or negligent behavior.

8. Assignment

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

9. Supplemental Policies

zGames may publish additional policies related to specific services such as forums, contests or loyalty programs. Your right to use such services is subject to those specific policies and these Terms of Service.

10 Force Majeure

zGames shall not be liable for any delay or failure to perform resulting from causes outside the reasonable control of zGames, including without limitation any failure to perform hereunder due to unforeseen circumstances or cause beyond zGames's control such as acts of God, war, terrorism, riots, embargoes, acts of civil or military authorities, fire, floods, accidents, strikes, or shortages of transportation facilities, fuel, energy, labor or materials.

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