(End User License Agreement)
TERMS OF SERVICE
November 10th, 2021
Welcome to use the services of THE DEVELOPER (“The Developer” or “I” or “me”). These Terms of Service (“Terms”) apply to the use of all services provided by me, including games developed and/or published by me, I and aforementioned games’ web pages and other services, such as applications or any social functions of the aforementioned services or any other services I has attached these Terms to (“Services”). These Terms govern the relationship between you and me regarding your use of the Services. By downloading, installing, accessing or using any part of the Services you agree to these Terms and agree to be bound by these Terms. Use of the Services is also governed by my Privacy Policy and other relevant policies, which are incorporated herein by reference. These Terms along with my Privacy Policy affect your legal rights and obligations. If you do not agree to these Terms, you may not access or use the Services.
Before accessing or using the Services, you must agree to these Terms of Service, my Privacy Policy and other relevant policies. By using the Services you represent that you are not under age. If you are a minor according to laws applicable to you, you represent that your legal guardian or legal representative has reviewed and agreed to these Terms and has given you permission to access and use the Services.
BY INSTALLING, USING OR OTHERWISE ACCESSING THE SERVICES, YOU AGREE TO THESE TERMS OF SERVICE. IF YOU DO NOT AGREE TO THESE TERMS OF SERVICES, PLEASE DO NOT INSTALL, USE OR OTHERWISE ACCESS THE SERVICES. USE OF THE SERVICES IS VOID WHERE PROHIBITED.
I reserve the right to make changes to these terms at any time. Your continued use of the Services will be deemed to confirm your acceptance of the updated terms. In addition to these Terms, you agree to abide by any supplemental policies of the Services, such as policies related to specific services (including without limitation forums, chats, contests or sweepstakes) as well as all other related operating rules or policies, each of which is incorporated by reference where applicable.
When you access the Services through a mobile network, your network or roaming provider’s messaging, data and other rates and fees will apply. Downloading, installing or using the Services may be prohibited or restricted by your network provider and some or all parts of the Services may not work with your network provider or device.
1. License
Subject to you agreeing to these Terms and your continued compliance with these Terms and any other relevant policies, I grant you a personal, non-exclusive, non-transferable, non-sublicensable, revocable and limited license to access and use the Services for your own non-commercial entertainment purposes. You agree not to use the Services for any other purpose.
The Services are provided to you for your personal and non-commercial use only. You shall not sell, rent or give away your access to the Services, create Services accounts by using false identities or information, or on behalf of someone other than yourself. You shall not use the Services if you have previously been removed from using any part of the Services by me, or previously been banned from playing any of my games.
You may be required or given the choice to create a user account and/or choose a username for your use in the Services. I reserve the right to remove or reclaim any usernames at any time and for any reason, including but not limited to offensive names or due to claims by a third party that a username violates such third party’s rights.
By default the Services support only one player account per game on a supported device. Additionally, the Services may not support using a single account across multiple devices.
a. License Limitations
Your use of the Services is strictly tied to your compliance with these Terms. Any use of the Services in violation with these Terms is strictly prohibited and can result in the immediate revocation of your limited license and may subject you to liability towards me or liability for violations of law.
You agree that you will not, under any circumstances:
You acknowledge and agree that you are solely responsible for your actions in the Services and actions made in the Services using your player account or device.
I reserve the right to determine what conduct it considers to be in violation of these Terms or other rules of the Services, or otherwise outside the intent or spirit of these Terms of Service or the Services. I reserve the right to take action as a result, which may include terminating your access to the Services in whole or in part.
2. Suspension and Termination of Account and Service
WITHOUT LIMITING ANY OTHER REMEDIES, I MAY LIMIT, SUSPEND, TERMINATE, MODIFY, OR DELETE PLAYER ACCOUNTS OR ACCESS TO THE SERVICES OR PORTIONS THEREOF IF YOU ARE, OR IF I SUSPECT THAT YOU ARE, FAILING TO COMPLY WITH ANY OF THESE TERMS OR FOR ANY ACTUAL OR SUSPECTED ILLEGAL OR IMPROPER USE OF THE SERVICES, WITH OR WITHOUT NOTICE TO YOU. YOU CAN LOSE YOUR USER NAME AND PERSONA IN THE 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 SERVICES, AND I'M UNDER NO OBLIGATION TO COMPENSATE YOU FOR ANY SUCH LOSSES OR RESULTS.
WITHOUT LIMITING OUR OTHER REMEDIES, I MAY LIMIT, SUSPEND OR TERMINATE THE SERVICES AND PORTIONS THEREOF, PROHIBIT ACCESS TO THE SERVICES’ 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 SERVICES IF I BELIEVE THAT THE USERS ARE CREATING RISK OR POSSIBLE LEGAL LIABILITIES, INFRINGING THE INTELLECTUAL PROPERTY RIGHTS OF THIRD PARTIES, OR ACTING INCONSISTENTLY WITH THE LETTER OR SPIRIT OF THESE TERMS OR OTHER POLICIES. ADDITIONALLY, I MAY, IN APPROPRIATE CIRCUMSTANCES AND AT ITS SOLE DISCRETION, SUSPEND OR TERMINATE ACCOUNTS OF USERS WHO I BELIEVE MAY BE REPEAT INFRINGERS OF THIRD PARTY INTELLECTUAL PROPERTY RIGHTS.
I RESERVE THE RIGHT TO TERMINATE ANY ACCOUNT THAT HAS BEEN INACTIVE FOR 180 DAYS.
I reserve the right to stop offering and/or supporting the Services or a particular game or part of the Services at any time, at which point your license to use the Services or a part thereof will be automatically terminated. In such event, I shall not be required to provide refunds, benefits or other compensation to users in connection with such discontinued Services.
Termination of your account can include disabling your access to the Services or any part thereof including any content you submitted or others submitted.
You may terminate your account at any time and for any reason by contacting our customer support at zombiecd@outlook.com or by using the in-game “contact support” function available in some games.
3. Third-Party Services and Material
The Services may contain links to websites or services operated by third parties or feature content which is made available by third-party services and enable you to access and use certain third-party services (such as video sharing services). Use of any websites or services operated by third parties, third-party services and/or content in third-party services shall be, in addition to these Terms, subject to the relevant third-party service provider’s terms and conditions applicable to use of such third-party services or the applicable license(s) under which any such content is made available. I assume no responsibility for such third-party services and/or content in third-party services.
These Terms shall be in addition to (and take precedence over where not prohibited) any terms and conditions, applicable to the distribution platform (such as the application Google Play) through which you are acquiring the Services, agreed to between you and the relevant third-party entity.
4. Ownership
a. Intellectual Property Rights
All rights, title and interest in and to the Services (including without limitation any games, titles, computer code, themes, objects, characters, names, dialogue, catch phrases, concepts, artwork, animations, sounds, musical compositions, audio-visual effects, moral rights, documentation, in-game chat transcripts, recording of games played using my game clients and my game clients and server software) (“My Property”) are owned by or licensed to me, subject to copyright and other intellectual property rights under Finnish and foreign laws and international conventions. I reserve all rights, including without limitation, all intellectual property rights or other proprietary rights, in connection with its games and the Service. Except as expressly provided in the Terms, I do not grant any express or implied rights to the My Property.
b. Accounts
YOU ACKNOWLEDGE AND AGREE THAT YOU SHALL HAVE NO OWNERSHIP OR OTHER PROPERTY INTEREST IN ANY SERVICES 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 ME.
c. Virtual Items
I own, have licensed, or otherwise have rights to use all of the content that appears in the Services. 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 Services, including without limitation the virtual goods or currency appearing or originating in any part of the Services, whether earned in a game or purchased, or any other attributes associated with an account or stored on the Services.
5. User Content
“User Content” means any communications, images, sounds, and all the material, data, and information that you upload or transmit to the Services, or that other users upload or transmit, including without limitation, any chat text. By transmitting or submitting any User Content while using the 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 me in accordance with its Privacy Policy.
I assume no responsibility for the conduct of any user submitting any User Content, and assumes no responsibility for monitoring the Services for inappropriate content or conduct. I do not, and cannot, pre-screen or monitor all User Content. Your use of the Services is at your own risk. By using the Services, you may be exposed to User Content that is offensive, indecent or otherwise not in line with your expectations. You bear all risks associated with the use of any User Content available in connection with the Services. At our discretion, our representatives or technology may monitor and/or record your interaction with the Services or communications (including without limitation chat text) when you are using the Service.
By agreeing to these Terms, you hereby provide your irrevocable consent to such monitoring and recording. You acknowledge and agree that you have no expectation of privacy concerning the transmission of any User Content, including without limitation chat text or voice communications.
I reserve the right in its sole discretion to review, monitor, prohibit, edit, delete, disable access to or otherwise make unavailable any User Content (including without limitation your User Content) without notice for any reason or for no reason at any time. If at any time I choose, in its sole discretion, to monitor the Services, I nonetheless assume no responsibility for User Content and assume no obligation to modify or remove any inappropriate User Content. I have the right, but not the obligation, in its sole discretion to edit, refuse to post, or remove any User Content.
a. Public Discourse
The Services may include various forums, blogs and chat features where you can post User Content, including your observations and comments on designated topics. I 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 Services. I shall have no responsibility to evaluate, use or compensate you for any ideas or information you may choose to submit.
b. Responsible for Your Own Content
You are solely responsible for the information that you post on, through or in connection with the Services and that you provide to others.
c. Your License to me
You hereby grant to me an unlimited, irrevocable, perpetual, transferable, fully paid-up, royalty-free, worldwide license (including the right to sublicense and assign to third party) and right to copy, reproduce, fix, adapt, modify, create derivative works from, manufacture, commercialize, publish, distribute, sell, license, sublicense, commercially exploit, transfer, lease, transmit, publicly display, publicly perform, or provide access to electronically, broadcast, communicate to the public by telecommunication, display, perform, enter into computer memory, and use and practice, in any way, your User Content as well as all modified and derivative works thereof in connection with our provision of the Services, including marketing and promotions of the Services. You also hereby grant to me the right to authorize others to exercise any of the rights granted to me under these Terms. You further hereby grant to me the unconditional, irrevocable right to use and exploit your name, likeness and any other information or material included in any User Content and in connection with any User Content, without any obligation to you. Except as prohibited by law, you waive any rights of attribution and/or any moral rights you may have in your User Content, regardless of whether your User Content is altered or changed in any manner. I do not claim any ownership rights in your User Content and nothing in these Terms is intended to restrict any rights that you may have to use and exploit your User Content. I have no obligation to monitor or enforce your intellectual property rights to your User Content.
d. User Interactions
You are solely responsible for your interactions with other users of the Services and any other parties with whom you interact through the Services. I reserve the right, but have no obligation, to become involved in any way with these disputes. You shall fully cooperate with me to investigate any suspected unlawful, fraudulent or improper activity.
If you have a dispute with one or more users, you release me 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.
e. Social Media and Game Content
With the limitations set in these Terms, you have the right to upload captions (such as audio, video and screenshots) of the Services to social media services (such as Facebook), online video services (such as YouTube), online picture sharing services (such as Instagram). All such material must be uploaded without editing them in a way that misrepresents the Services or any games included in the Services.
6. Fees and Purchase Terms
a. Purchases
In the Services you may purchase, with “real world” money, a limited, personal, non-transferable, non-sublicensable, revocable license to (a) use “virtual currency”, including but not limited to virtual cash or gems, all for use in the Services; (b) use “virtual in-game items” (together with “virtual currency”, “Virtual Items”) in the Services; and (c) gain access to additional functionalities in the Services via paid subscription. You are only allowed to purchase Virtual Items and subscriptions from us or our authorized partners through the Services, and not in any other way.
I may manage, regulate, control, modify or eliminate Virtual Items and the functionalities accessed via paid subscriptions at any time, with or without notice. I shall have no liability to you or any third party in the event that I exercise any such rights.
The transfer of Virtual Items is explicitly prohibited. You shall not sell, purchase, redeem or otherwise transfer Virtual Items to any person or entity or attempt any of the aforesaid, including but not limited to me, another user or any third party.
ALL PURCHASES AND REDEMPTIONS OF VIRTUAL ITEMS AND SUBSCRIPTIONS MADE THROUGH THE SERVICE ARE FINAL AND NON-REFUNDABLE.
The provision of Virtual Items or paid subscriptions for use in the Services is a service provided by me that commences immediately upon acceptance by me of your purchase.
b. Payment of Fees
You agree to pay all fees and applicable taxes incurred by you or anyone using an account registered to you. I may revise the pricing for the goods and services offered through the Services at any time. YOU ACKNOWLEDGE THAT IM 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.
7. Updates to the Service
You understand that the Services are constantly changing and evolving. I may require that you accept updates to the Services, such as via installing updates to game clients installed on your device. You acknowledge and agree that I may update the Services, with or without notifying you. You may need to update third party software or your device hardware from time to time in order to access and use the Services.
8. Personal data and Security
My use of your personal data is governed by Privacy Policy. You approve to the processing of your personal data in accordance with my Privacy Policy by downloading, installing, accessing or using the Services.
I take appropriate measures to prevent unauthorized access to, improper use of and the reasonable accuracy of your personal data submitted to me via the Services. I use various technologies, including, in certain instances, encryption, to ensure the high security standards. Any data that is stored on my Partners servers is not generally available to the public. However, the use of internet services always includes security risks.
9.Disclaimer of Warranties
WITHOUT LIMITING MY LIABILITY UNDER SECTION 10 BELOW, THE SERVICES ARE 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. I DO NOT WARRANT THAT YOU WILL BE ABLE TO ACCESS OR USE THE SERVICES AT THE TIMES OR LOCATIONS OF YOUR CHOOSING; THAT THE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE; THAT DEFECTS WILL BE CORRECTED; OR THAT THE GAME OR THE SERVICE 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.
10.Limitation of Liability; Sole and Exclusive Remedy; Indemnification
TO THE MAXIMUM EXTENT PERMITTED BY LAW, I 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 OR THE SERVICES, WHETHER BASED ON CONTRACT, TORT OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT ME HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. TO THE EXTENT NOT PROHIBITED BY LAW, I SHALL NOT BE LIABLE TO YOU FOR MORE THAN THE AMOUNT YOU HAVE PAID TO ME IN ACCORDANCE WITH THESE TERMS 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 ME DURING SUCH TIME PERIOD, YOUR SOLE REMEDY (AND MY EXCLUSIVE LIABILITY) FOR ANY DISPUTE WITH ME IS TO STOP USING THE SERVICES AND TO CANCEL YOUR ACCOUNT.
NOTHING IN THESE TERMS SHALL AFFECT THE STATUTORY RIGHTS OF ANY CONSUMER OR EXCLUDE OR RESTRICT ANY LIABILITY RESULTING FROM GROSS NEGLIGENCE OR WILLFUL MISCONDUCT OF ME OR FOR DEATH OR PERSONAL INJURY ARISING FROM ANY NEGLIGENCE OR FRAUD OF ME.
You agree to indemnify, defend and hold me 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 Services, or any breach by you of these Terms, however the foregoing does not apply if the infringement of rights is not attributable to your intentional or negligent behavior.
11. Dispute Resolution and Law
If a dispute arises between you and me, we strongly encourage you to first contact our customer support at zombiecd@outlook.com to seek a resolution. All disputes between you and me shall be governed by the laws of México, without regard to conflict of law provisions. You agree that any claim or dispute you may have against me must be resolved exclusively by a court located in México, Ciudad de México.
The above paragraph does not limit your statutory rights. Consumer protection legislation applicable to you may allow you to bring your claim or dispute to a different court.
If you are a resident of the European Union, you may have the right to bring your claim or dispute to an Online Dispute Resolution body. More information on this can be found at https://ec.europa.eu/consumers/odr/main/?event=main.home2.show.
12. Severability
You and me agree that if any portion of these Terms, my Privacy Policy or any supplemental terms are found illegal or unenforceable, in whole or in part by any court of competent jurisdiction, such provision shall, as to such jurisdiction, be ineffective solely to the extent of such determination of invalidity or unenforceability without affecting the validity or enforceability thereof in any other manner or jurisdiction and without affecting the remaining provisions of the terms, which shall continue to be in full force and effect.
13. General Provisions
a. Assignment
I may assign or delegate these Terms, the Privacy Policy and/or other applicable policies, 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, the Privacy Policy or other policies without my prior written consent.
14. Supplemental Policies
I may publish additional or supplementary policies or terms 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.
15. Entire Agreement
These Terms, the my Privacy Policy and any additional or supplemental policies and any documents expressly incorporated by reference herein, contain the entire understanding of you and me, and supersede all prior understandings of the parties hereto relating to the subject matter hereof, whether electronic, oral or written, or whether established by custom, practice, policy or precedent, between you and us with respect to the Services.
Contact information:
Christian Sánchez
Address: Wake #539 int. 3B, 02050 Azcapotzalco, México
Email: zombiecd@outlook.com
www.zombiecd.com