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These Terms of Service and all supplemental terms, as amended from time to time, govern your use of any online or mobile product or service to which you have access, any product or service that requires an Internet connection or Zapak Account to access, install or play as well as any Zapak Account you use to access online or mobile products or services ("Zapak Games Services") offered by Zapak or any of its subsidiaries and affiliates (collectively, "Zapak Games") for PC, game system or mobile device.
You agree that these terms are an agreement between you and Zapak Games and if additional terms and/or agreements apply to the Zapak Games Service(s) used by you, those additional terms and/or agreements govern your use of Zapak Games Services as well.
You agree to check terms at www.zapak.com periodically for new information and terms that govern your use of Zapak Games Services. Zapak Games may modify the Terms of Service at any time. Revisions to terms affecting existing Zapak Games Services shall be effective fifteen (15) days after posting at www.zapak.com Terms for new Zapak Games Services are effective immediately upon posting of the same
1) Grant of a Limited License to Use the Service
Subject to your agreement and continuing compliance with these Terms of Service and any other relevant Zapak Games policies, Zapak Games grants you a non-exclusive, non-transferable, revocable limited license subject to the limitations in below sections to access and use the Service for your own non-commercial, entertainment purposes. You agree not to use the Service for any other purpose.
2) Accessing the Service
You must provide all equipment and software necessary to connect to the Service, including, but not limited to, a mobile device that is suitable to connect with and use the Service.
You are responsible for any fees, including internet connection or mobile fees that you incur when accessing the Service.
3) Use of the Service
Your usage of the services shall be subject to the following:
And in case if we find you non complying with the clauses as mentioned above, then
4) Account Creation & Information
If you are required to update an account then certain additional information which may include your personal, professional and other details may be required. You agree that you will supply accurate and complete information to Zapak Games, and that you will update that information promptly after it changes.
You understand that on certain page of Zapak Games’ website your user ID number, name and profile picture will be publicly available and that search engines may index your name and profile photo.
5) Usage of Username and Password
During the Account creation, your username and password will be provided to you ("Login Information"). The following rules govern the security of your Login Information:
Zapak Games 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 such third party’s rights.
6) "Content" on Zapak
"Content" on Zapak Games website / services includes software, technology, text, forum posts, chat posts, profiles, messages, links, emails, music, sound, graphics, pictures, video, code, and all audio visual or other material appearing on or emanating to and/or from Zapak Games Services, as well as the design and appearance of our websites. All Content--with the exception of third party content discussed below in Section 7 - is owned by Zapak Games or its affiliates, subsidiaries, licensors or suppliers. Content includes User - Generated Content ("UGC"). UGC includes but is not limited to Account personas, forum posts, chat posts, profile content and any other Content contributed by users to Zapak Games Services. Zapak Games Content and UGC collectively shall be referred to as "Content."
7) 7) Contributing Third Party Content to Zapak Games Services
Zapak Games respects the intellectual property rights of others. You must have the legal right to upload Content to Zapak Games Services. You may not upload or post any Content on Zapak Games that infringes the copyright, trademark or other intellectual property rights of Zapak Games or any third party, nor may you upload content that violates the law, this Terms of Service and/or any third party's right of privacy or right of publicity. You may upload only Content that you are permitted to upload by Zapak Games. Zapak Games may, without prior notice to you and in its sole judgment, remove Content that may infringe the intellectual property or other rights of Zapak Games or a third party.
8) Contributing UGC to Zapak Games; License Grant to Zapak Games and Others
When you contribute UGC to Zapak Games, you expressly grant to Zapak Games and its licensors a non-exclusive, perpetual, worldwide, complete, sub-licensable and irrevocable right to quote, re-post, publish, use, adapt, translate, archive, store, reproduce, modify, create derivative works from, syndicate, license, print, sublicense, distribute, transmit, broadcast, and otherwise communicate, and publicly display and perform the UGC, or any portion thereof, in any manner or form and in any medium or forum, whether now known or hereafter devised, without notice, payment or attribution of any kind to you or any third party. You grant Zapak Games and its licensors all licenses, consents and clearances to enable Zapak Games and its licensors to use such UGC for such purposes. You waive and agree not to assert any moral or similar rights you may have in such UGC.
If the Zapak Games Service on which you contribute UGC permits other users to access and use that UGC as part of the Zapak Games service deliverables, then you grant all other users of the relevant Zapak Games the right to use, copy, modify, display, perform, create derivative works from, and otherwise communicate and distribute your UGC on or through the relevant Zapak Games service without further notice, attribution or compensation to you.
9) License Limitations
Any use of the Service in violation of these License Limitations is strictly prohibited, can result in the immediate revocation of your limited license granted under Section 1), and may subject you to liability for violations of law. Any attempt by you to disrupt or interfere with the service including undermining or manipulating the legitimate operation of any games of Zapak Games is violation of Zapak Games policy and may be a violation of criminal and civil laws.
You agree that you will not, under any circumstances:
10) Paid Services
Usage of the services of Zapak Games require payment of a fee and which is required to paid through the modes as specified hereunder. You must pay the subscription or other fees to participate in these activities. Payment of subscription and other fees for particular services are as under: -
11) Cancellation of your Account
You have the right to cancel your Account or a particular subscription at any time. If you do not agree to the terms in this Terms & conditions of Service, your sole remedy is to not use Zapak Games and or Zapak Games’ Website / Services and to cancel your subscriptions or account. You understand and agree that the cancellation of your Account or a particular subscription shall not entitle Zapak Games to refund any amounts to you and the amount or type of fees, surcharges, applicable taxes, billing methods, or any change to the fees, applicable taxes, surcharges or billing methods for Zapak Games Services and/or any Content or Entitlements thereon shall be non – refundable. You are also responsible for any amounts owed to third-party vendors or content providers before your cancellation. Any delinquent or unpaid fees and other unresolved issues with Zapak Games Services must be settled within 24 hours of due date.
12) Termination of Zapak Games services
Zapak Games may terminate access to any online or mobile products and/or Zapak Games Services (and/or any portion thereof) at any time by giving you notice of such termination within the time period specified when you joined the particular Zapak Games Service, or if no time period for notice of termination was specified, then within thirty (30) days of the date such notice is either (at Zapak Games’ discretion) provided to you or is posted on the applicable product or Zapak Games Service or on the website of Zapak Games.
Zapak Games may also terminate access to Zapak Games services for violation of this terms & conditions, if Zapak Games (in its sole discretion) deems that your use of Zapak Games Services renders Zapak Games less safe for others and/or minors or for illegal or improper use of Zapak Games Services, Content, Entitlement, products, or Zapak Games' Intellectual Property as determined by Zapak Games in its sole discretion. You may lose your user name and id’s as a result of termination. In response to a violation of these Terms of Service or any other agreement applicable to Zapak Games services accessed by you, Zapak Games may issue you a warning, suspend your Account, selectively remove, revoke or garnish entitlements at an Account and/or device level, immediately terminate any and all Accounts that you have established and/or temporarily or permanently ban your device and/or machine from accessing all Zapak Games Services or certain Zapak Games Services, no refund will be granted, no entitlements will be credited to you or converted to cash or other forms of reimbursement, and you will have no further access to your Account or entitlements associated with your Account. You acknowledge that in such an instance Zapak Games is not required to provide you notice before taking action to suspend or terminate your Account, temporarily or permanently banning your device from some or all Zapak Games Services or selectively removing, revoking or garnishing entitlements associated with your Account. If Zapak Games terminates your Account, you may not participate in an Zapak Games Service again without Zapak Games' express permission. You may not allow individuals whose Accounts have been terminated by Zapak Games to use your Account.
13) Rules of Conduct:
Upon Zapak Games' and/or its licensors' request, you agree to defend, indemnify and hold harmless Zapak Games, its licensors and Zapak Games’ Affiliates, contractors, vendors, and content providers from all liabilities, claims and expenses, including attorneys' fees, that arise from or relate to a breach of these Terms & Conditions of Service for which you are responsible. Without limiting the generality of the foregoing, you agree to indemnify and hold Zapak Games and its licensors harmless for any improper or illegal use of your Account, including the illegal or improper use of your Account by someone to whom you have given permission to use your Account. You agree that you will be personally responsible for your use of Zapak Games’ Services and for all of your communication and activity on Zapak Games Services, including any Content you contribute, and that you will indemnify and hold harmless Zapak Games, its licensors and Zapak Games’ Affiliates from any liability or damages arising from your conduct on Zapak Games Services, including any Content that you contribute.
Zapak Games and its licensors reserve the right, at their own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you. In that event, you shall have no further obligation to provide indemnification to Zapak Games and/or its licensors in that matter. This Section shall survive termination of this Terms of Service.
15) Intellectual Property
The Site, including, without limitation, all communication features, contain copyrighted material, trademarks and other proprietary information including, without limitation, text, software, photographs, video, graphics, music and sound, and the entire contents of the Site and each area contained therein are the property of Zapak Games and/or third-party content providers. Zapak Games owns a copyright in the selection, coordination, arrangement and enhancement of such content. You may not modify, publish, transmit, participate in the transfer or sale, create derivative works, or in any way exploit, any of the content contained on the Site (including, without limitation, content that Zapak Games enables you to download) without the express written permission of Zapak Games and the copyright owner. In the event of any permitted copying, redistribution or publication of copyrighted material, no changes in or deletion of author attribution, trademark, and legend or copyright notice shall be made. The downloading of copyrighted material from the Site is allowed by you only for your own use. You acknowledge that the Zapak Games and/or third-party content providers remain the owners of all materials posted on the Site, and that you do not acquire any of those ownership rights by downloading copyrighted materials.
Trademark Notice: Zapak Games, Zapak Games website, contents of website and the logo Zapak Games are trademarks or registered trademarks of Zapak Games in India and/or other countries. All other names of companies and products mentioned herein may be trademarks of their respective owners and are used with permission. Any such trademarks may be used publicly only with permission from Zapak Games or their respective owners. All rights not expressly granted herein are reserved.
Submissions: Zapak Games is pleased to hear from their customers and welcomes their comments regarding Zapak Games' services and the Site. Unfortunately, however, long-standing company policy does not allow us to accept or consider creative ideas, suggestions or materials other than those it has specifically requested. We hope you will understand that it is the intent of this policy to avoid the possibility of future misunderstandings when projects developed by Zapak Games' professional staff might seem to others to be similar to their own creative work. Accordingly, we must, regretfully, ask that you do not send us any original creative materials such as game ideas or original artwork. While we do value your feedback on our services and products, we request that you be specific in your comments on those services and products, and not submit any creative ideas, suggestions or materials. If at our request you send certain specific submissions (e.g., Communications, including, postings and creative submissions) or, despite our request that you not send us any other creative materials, you send us creative suggestions, ideas, notes, drawings, concepts or other information (collectively, the "Submissions"), the Submissions shall be deemed, and shall remain, the property of Zapak Games. None of the Submissions shall be subject to any obligation of confidence on the part of Zapak Games, and Zapak Games shall not be liable for any use or disclosure of any Submissions. Without limitation of the foregoing, Zapak Games shall exclusively own all now known or hereafter existing rights to the Submissions of every kind and nature, in perpetuity, throughout the universe and shall be entitled to unrestricted use of the Submissions for any purpose whatsoever, commercial or otherwise, without compensation to the provider of the Submissions. You waive any and all moral rights in any such Submissions as well as any claim to a right of credit or approval.
16) General Terms
Support: Subject to the other provisions of the Terms & Conditions of Usage, Zapak Games will attempt to help you with any queries or problems that you may have with the site or any of your purchases through the site. To reach our customer support team, please e-mail us at email@example.com It will expedite your request for assistance by providing our representatives with all the information they need to solve your problem as quickly as possible. If you believe that any action has been taken against your Account or device in error, please contact Customer Support at firstname.lastname@example.org.
Remedies: You agree that this Terms & Conditions is not intended to confer and does not confer any rights or remedies upon any person other than the parties to this Terms of Service. You also understand and agree that this Terms, other Zapak Games Policies and the Supplemental Terms as and when incorporated, are not intended to confer, and do not confer, any rights or remedies upon any person.
Severability: If any part of this Terms & Conditions of Service is held invalid or unenforceable, that portion shall be interpreted in a manner consistent with applicable law to reflect, as nearly as possible, the original intentions of Zapak Games, and the remaining portions shall remain in full force and effect.
In the event of a conflict between a translation of the Zapak Games Policies and the English version, the English version of the Zapak Games Policies will control.
Force Majeure: Zapak Games shall not be liable for any delay or failure to perform resulting from causes outside the reasonable control of Zapak Games, including without limitation any failure to perform hereunder due to unforeseen circumstances or cause beyond Zapak Games’ control such as acts of God, War, Terrorism, Riots, Embargoes, Acts of Civil or Military Authorities, Fire, Floods, Accidents, Network Infrastructure Failures, Strikes, or Shortages of transportation facilities, fuel, energy, labor or materials, Hacking, Phissing, or other Electronic Modes for destroying the Contents.
Waiver: Failure of Zapak Games to exercise or enforce any right or provision of this Terms of Service will not constitute waiver of such right or provision. Any waiver of any provision of this Terms of Service will be effective only if in a writing signed by Zapak Games.