Terms of service and end user license agreement ("EULA")
The following terms of service and end user license agreement ("EULA") constitute an agreement between you and Zone Zero Apps, and its affiliates ("Zone Zero Apps"). This EULA governs your use of Software and Services (as specified below). For purposes of this EULA "Software" means all software programs distributed, published or otherwise made available by Zone Zero Apps or its affiliates including, but not limited to mobile games, downloadable/installable games for personal computer, and games accessed by means of a browser or other online communication method. Software also includes updates and upgrades as well as accompanying manual(s), packaging and other written, files, electronic or on-line materials or documentation, and any and all copies of such software and its materials. "Services" means all services made available by Zone Zero Apps, including but not limited to services accessed through mobile applications, by means of a browser or by other online communication method. Software and Services are collectively referred to as "Zone Zero Apps Services". If you do not accept the terms of this EULA, do not install, use or access the Zone Zero Apps Services.
Licenses
SOFTWARE LICENSE. Subject to this EULA and its terms and conditions, Zone Zero Apps hereby grants you a non-exclusive, non-transferable, non-sublicensable, limited right and license to use one copy of the Software. The rights granted herein are subject to your compliance with this EULA. The Software is being licensed to you and you hereby acknowledge that no title or ownership in the Software is being transferred or assigned and this EULA is not to be construed as a sale of any rights in the Software. SERVICE LICENSE. Subject to this EULA and its terms and conditions, Zone Zero Apps hereby grants you a non-exclusive, non-transferable, non-sublicensable, limited right and license to use the Services as provided by Zone Zero Apps, for your personal non-commercial use, in the manner permitted by this EULA. The rights granted herein are subject to your compliance with this EULA. LICENSE TERM. The term of your licenses under this EULA shall commence on the date that you accept this EULA and install or otherwise use the Software and/or Services and ends on the earlier date of either your disposal of the Software and/or Services or Zone Zero Apps's termination of this EULA. Your license terminates immediately if you attempt to circumvent any technical protection measures used in connection with the Software and/or Services or you otherwise use the Software and/or Services in breach of the terms of this EULA. OWNERSHIP; NO OTHER LICENSES. Zone Zero Apps retains all right, title and interest in and to the Zone Zero Apps Services, including, but not limited to, all copyrights, trademarks, trade secrets, trade names, proprietary rights, patents, titles, computer codes, audiovisual effects, themes, characters, character names, stories, dialog, settings, artwork, sound effects, musical works, and moral rights whether registered or not and all applications thereof. The Zone Zero Apps Services are protected by applicable laws and treaties throughout the world. Unless expressly authorized by Zone Zero Apps or mandatory legislation, the Zone Zero Apps Services may not be copied, reproduced or distributed in any manner or medium, in whole or in part, without prior written consent from Zone Zero Apps. All rights not expressly granted to you herein are reserved by Zone Zero Apps.
Third party services
Zone Zero Apps Services may include links to third party services and/or the third party services may be made available to you via Zone Zero Apps Services. These services are subject to respective third party terms and conditions. Please study these third party terms and conditions carefully as they constitute an agreement between you and the applicable third party service provider.
General license conditions
You agree not to: (i) commercially exploit the Zone Zero Apps Services; (ii) distribute, lease, license, sell, rent, lend, convey or otherwise transfer or assign the Zone Zero Apps Services, any copies thereof, or any passwords or usernames of Zone Zero Apps Services, without the express prior written consent of Zone Zero Apps or as set forth in this EULA; (iii) make a copy of the Zone Zero Apps Services or any part thereof, including but not limited to Software (other than as set forth herein); (iv) make the Zone Zero Apps Services publicly available or available on a network for use or download by multiple users; (v) except as otherwise specifically provided by the Zone Zero Apps Services or this EULA, use or install the Zone Zero Apps Services (or permit others to do same) on a network, for on-line use, or on more than one computer or gaming unit at the same time; (vi) use or copy the Zone Zero Apps Services at a computer gaming center or any other location-based site; provided, that Zone Zero Apps may offer you a separate site license agreement to make the Zone Zero Apps Services available for commercial use; (vii) reverse engineer, decompile, disassemble, translate, prepare derivative works based on or otherwise modify the Zone Zero Apps Services, in whole or in part; (viii) remove, obscure or modify any copyright, trademark or other proprietary rights notices, marks or labels contained on or within the Zone Zero Apps Services, falsify or delete any author attributions, legal notices or other labels of the origin or source of the material; (ix) misrepresent the source of ownership of the Zone Zero Apps Services; (x) transport, export or re-export (directly or indirectly) into any country forbidden to receive such Zone Zero Apps Services by any export laws or accompanying regulations or otherwise violate such laws or regulations, that may be amended from time to time; or (xi) scrape, build databases or otherwise create permanent copies of content returned from the Zone Zero Apps Services. However, with regards to installable Software that was delivered on a physical storage medium, you may transfer the entire Software and accompanying documentation on a permanent basis to another person as long as you retain no copies (including archival or backup copies) of the Software, accompanying documentation, or any portion or component of the Software accompanying documentation, and the recipient agrees to the terms of this EULA The Software is intended for private use only. The Zone Zero Apps Services may include measures to control access to the Zone Zero Apps Service, prevent unauthorized copies, or otherwise attempt to prevent anyone from exceeding the limited rights and licenses granted under this EULA. Only Zone Zero Apps Services subject to a valid license can be used to access online services, and download updates and patches. You may not interfere with such access control measures or attempt to disable or circumvent such security features. If you disable or otherwise tamper with the technical protection measures, the Zone Zero Apps Services will not function properly. The Zone Zero Apps Services may require an internet connection to access the Zone Zero Apps Services or its internet-based features, authenticate the Software, or perform other functions. In order for certain features of the Zone Zero Apps Services to operate properly, you may be required to have and maintain (a) an adequate internet connection and/or (b) a valid and active account with an online service as set forth in the documentation related to Zone Zero Apps Services. By using the Zone Zero Apps Services, you acknowledge and agree that third party data transfer fees may apply depending on your data plan. Please consult your carrier for further information. If you do not maintain such accounts, then the Zone Zero Apps Services or certain features of the Zone Zero Apps Services may not operate or may cease to function properly, either in whole or in part. ZONE ZERO APPS'S SERVICES ARE PROVIDED "AS IS" AND THERE IS NO GUARANTEE REGARDING THE CORRECTNESS OF IT'S CONTENT OR CALCULATIONS. THEREFORE, THERE IS NO LIABILITY FROM ZONE ZERO APPS'S SIDE REGARDING THESE CONTENTS.
Privacy policy / Information collection and use
Zone Zero Apps collects, stores, and uses your personal information as a data controller in connection with and in order to provide and develop Zone Zero Apps's products, mobile applications, services and websites (together "Services") according to this privacy policy ("Privacy Policy"). All Zone Zero Apps Services are governed by this Privacy Policy and by using or accessing a Service You give consent to the processing, use and disclosure of your data. Please do not install or use the Services if you do not agree to this Privacy Policy. Zone Zero Apps reserves the right to modify this Privacy Policy. Your continued use of Services will signify your acceptance of the changes to this Privacy Policy.
How We Collect Your data
Likely situations when you make personal data available to Zone Zero Apps include, but are not limited to: by using Zone Zero Apps's mobile apps or visiting our websites; upload content to our clouds; participating in analytical comparisons; registration for Services, contests and special events; accessing Services using a third party ID, such as social networking sites or gaming services; subscribing to newsletters; purchasing a product or services through Zone Zero Apps's online stores or within the app (or "in-app purchase"); using "tell a friend," "email this page," or other similar features; requesting technical support; and (viii) otherwise through use of Zone Zero Apps Services where personal data is required for use and/or participation. The data we process on you may include, but is not limited to: email address, device ID, IP-address, anonymized usage data, anonymized analytical content for comparisons, user names and passwords. Zone Zero Apps may supplement your data with data received from third parties in connection with demographic, advertisement, market and other analytics surveys or services.
Ad Serving Technology
Zone Zero Apps reserves the right to use and disclose the collected, non-personal data for purposes of advertising by Zone Zero Apps or Zone Zero Apps's partners and contractors. Zone Zero Apps may employ third party ad serving technologies that use certain methods to collect information as a result of ad serving through Services. Zone Zero Apps or third parties operating the ad serving technology may use demographic and geo-location information (for more information regarding use of Location Data see below Section 3) as well as information logged from your hardware or device to ensure that relevant advertising is presented within the Service. Zone Zero Apps or third parties may collect and use data, for such purposes, including but not limited to, data such as IP address, Device ID, MAC address, installed software, application usage data, hardware type, Operating System information, browser information, unique identifiers in browser cookies, Flash cookies, and HTML5 local storage, Internet and on-line usage information and in-game information. The foregoing data may be used and disclosed in accordance with this Privacy Policy and the privacy policy of the company providing the ad serving technology. Zone Zero Apps may display to you behaviorally targeted advertising. Some services may include the use of in-game advertisements or brand placement. Such ads or sponsorships will be noted as such within the services.
Location Data
To the extent Zone Zero Apps makes location enabled Services available and you use such Services, Zone Zero Apps may collect and process your location data to provide location related Services and advertisements. For example, some add-ons or offers may be available at dedicated locations. The location data is processed and stored only for the duration that is required for the provision of the location related Services. Zone Zero Apps may use, depending on the service (1) IP-based location based on the IP address presented by the end-user, (2) fine geo-location data based on coordinates obtained from a mobile device's GPS radio, or (3) coarse, network-based geo-location data based on proximity of network towers or the location of WiFi networks. Your fine, GPS-based geo-location is not accessed without your consent. Notwithstanding Zone Zero Apps's partners who are providing location related parts of the Service, Zone Zero Apps will not share your GPS geo-location with third parties without your consent. To the extent Zone Zero Apps makes available GPS geo-location to third parties in accordance with this Privacy Policy, it will be provided anonymously.
Analytics
Zone Zero Apps uses your information to perform its own analytics and to enable analytics provided by third parties. We use analytical information for supporting business analysis and operations, business intelligence, product development, improving products and services, personalizing content, providing advertising, and making recommendations. Zone Zero Apps may also use third-parties, such as a Admob in order to develop and analyze use of the Services. For more information about Admob and its services please see http://admob.google.com/.
Disclosure and Transfer of Personal Data
Personal data may be disclosed to third parties including third parties located outside the European Union or the European Economic Area in accordance with applicable legislation and this Privacy Policy. Zone Zero Apps may use third parties to collect and process personal data on Zone Zero Apps's behalf and in according to Zone Zero Apps's instructions. Zone Zero Apps is not liable for the acts and omissions of these third parties, except as provided by mandatory law.
Data Retention and Correctness
Zone Zero Apps retains the collected data for the period necessary to fulfill the purposes outlined in this Privacy Policy unless a longer retention period is required or permitted by law. Thereafter Zone Zero Apps deletes all aforementioned data in its possession within a reasonable timeframe. Zone Zero Apps does not verify the correctness of personal data. Please note that some data may be further retained if necessary to resolve disputes, enforce Zone Zero Apps user agreements, and comply with technical and legal requirements and constraints related to the security, integrity and operation of Services.
Cookies, beacons and tracking
The Services may use "cookies" and other technologies such as pixel tags, local shared objects, hardware-based device identifiers, Operating System-based identifiers, clear GIFs and web beacons. Zone Zero Apps treats information collected by cookies and similar technologies as non-personal data. Cookies: A "cookie" is a small file stored by your browser when told to do so by a website. Typically websites place a number of different cookies on an end-user's machine. Some of the cookies are "1st Party," from the website itself, and others are "3rd party," belonging to advertising and analytics entities or social networks. Zone Zero Apps's cookies do not include personal data and are typically used to quickly identify your device and to "remember" your browser during subsequent visits for purposes of functionality, preferences, and website performance. You can disable cookies or set your browser to alert you when cookies are being sent to your device; however, disabling cookies may affect your ability to use the Services. Flash cookies & HTML5: Zone Zero Apps may also use Flash cookies (local shared objects) and HTML5 local storage. Flash cookies are small files similar to browser cookies, but which are not stored in the browser and can also be used to remember your settings, to personalize the look and feel of the Services, or for advertising and analytics. You may prevent Flash cookies from being stored by following the instructions provided by Adobe at http://helpx.adobe.com/flash-player/kb/disable-local-shared-objects-flash.html. Web Beacons and pixel tags: A "web beacon" or a "pixel tag" is an electronic image (often not visible to the end-user) that allows Zone Zero Apps to count users who have visited certain pages or viewed certain advertisements. Additionally, e-mails and other electronic communications Zone Zero Apps sends to you may contain pixel tags that enable Zone Zero Apps to track your usage of the communication, including whether the communication was opened and/or what links were followed, if any.
Third Party Terms and Conditions
Please note that your access to and use of the Services may be subject to certain third party terms and conditions and Zone Zero Apps is not liable for any such third parties' use of your personal data. Certain Services that Zone Zero Apps may offer, such as multiplayer gaming, social networking and gaming console services, may use third party services to provide authentication for the Services with a gaming console ID, social networking ID, or gaming network account. In connection with such use, certain personally identifiable user and/or membership data may be transferred automatically to and from Zone Zero Apps. Zone Zero Apps may disclose your personal data to third parties in connection with a corporate merger, consolidation, restructuring, the sale of substantially all of Zone Zero Apps's stock and/or assets or other corporate change, including, without limitation, during the course of any due diligence process provided, however, that this Privacy Policy shall continue to govern such personal data.
Safeguards
Zone Zero Apps tries to follow generally accepted industry standards and maintains reasonable safeguards to attempt to ensure the security, integrity and privacy of the information in Zone Zero Apps's possession. "Don't be Evil".
Other
You may choose to disclose data about yourself in the course of contributing user generated content to the Services. Any data that you disclose in any of these forums, blogs, chats or the like will become public information, and there is no expectation of privacy or confidentiality with respect to that data. Zone Zero Apps may store and/or transfer your personal data to its affiliates and partners in and outside of EU/EEA member states and the United States in accordance with mandatory legislation and this Privacy Policy.
Payments and purchases of virtual goods
Zone Zero Apps may license to you certain virtual goods to be used within Zone Zero Apps Services. Unless otherwise specified, these virtual goods shall be deemed an integral part of the Software. These virtual goods may be licensed both for a fee using "real world money" and without any separate fee, as applicable from time to time. These virtual goods may also be licensed by using third party virtual currency, such as Facebook Credits or by using separate activation codes. Any and all virtual goods are licensed to you on limited, non-transferable, non-sub-licensable and revocable basis. Please note that any payment for licenses for virtual goods or redemption of third party virtual currency is always FINAL AND NON-REFUNDABLE. Also please note that if you purchase Facebook Credits from Facebook, such transaction is governed by the agreement between you and Facebook and Zone Zero Apps is not a party to the transaction. Zone Zero Apps may manage, regulate, control, modify or eliminate virtual goods at any time, with or without notice. Zone Zero Apps shall have no liability to you or any third party in the event that Zone Zero Apps exercises any such rights. SUBJECT TO MANDATORY LEGISLATION, YOU ACKNOWLEDGE THAT ZONE ZERO APPS IS NOT REQUIRED TO PROVIDE A REFUND FOR VIRTUAL GOODS FOR ANY REASON, AND THAT YOU WILL NOT RECEIVE MONEY OR OTHER COMPENSATION FOR UNUSED VIRTUAL GOODS, WHETHER YOUR LOSS OF LICENSE UNDER THIS EULA WAS VOLUNTARY OR INVOLUNTARY.
Warranty
THE ZONE ZERO APPS SERVICES ARE PROVIDED TO YOU "AS IS," WITH ALL FAULTS, WITHOUT WARRANTY OF ANY KIND, WITHOUT PERFORMANCE ASSURANCES OR GUARANTEES OF ANY KIND, AND YOUR USE IS AT YOUR SOLE RISK. THE ENTIRE RISK OF SATISFACTORY QUALITY AND PERFORMANCE RESIDES WITH YOU. ZONE ZERO APPS, ZONE ZERO APPS'S LICENSORS AND CHANNEL PARTNERS DO NOT MAKE, AND HEREBY DISCLAIM, ANY AND ALL EXPRESS, IMPLIED OR STATUTORY WARRANTIES, INCLUDING IMPLIED WARRANTIES OF CONDITION, UNINTERRUPTED USE, ACCURACY OF DATA (INCLUDING BUT NOT LIMITED TO LOCATION DATA), MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT OF THIRD PARTY RIGHTS, AND WARRANTIES (IF ANY) ARISING FROM A COURSE OF DEALING, USAGE, OR TRADE PRACTICE. ZONE ZERO APPS, ZONE ZERO APPS'S LICENSORS AND CHANNEL PARTNERS DO NOT WARRANT AGAINST INTERFERENCE WITH YOUR ENJOYMENT OF THE SOFTWARE; THAT THE ZONE ZERO APPS SERVICES WILL MEET YOUR REQUIREMENTS; THAT OPERATION OF THE ZONE ZERO APPS SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT THE ZONE ZERO APPS SERVICES WILL INTEROPERATE OR BE COMPATIBLE WITH ANY OTHER ZONE ZERO APPS SERVICES OR THAT ANY ERRORS IN THE ZONE ZERO APPS SERVICES WILL BE CORRECTED. NO ORAL OR WRITTEN ADVICE PROVIDED BY ZONE ZERO APPS, ZONE ZERO APPS'S LICENSORS AND CHANNEL PARTNERS OR ANY AUTHORIZED REPRESENTATIVE SHALL CREATE A WARRANTY. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF OR LIMITATIONS ON IMPLIED WARRANTIES OR THE LIMITATIONS ON THE APPLICABLE STATUTORY RIGHTS OF A CONSUMER, SO SOME OR ALL OF THE ABOVE EXCLUSIONS AND LIMITATIONS APPLY ONLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.
Limitations of liability
IN NO EVENT WILL ZONE ZERO APPS, ZONE ZERO APPS'S AFFILIATES, ZONE ZERO APPS'S LICENSORS OR CHANNEL PARTNERS BE LIABLE FOR SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES RESULTING FROM POSSESSION, ACCESS, USE OR MALFUNCTION OF THE ZONE ZERO APPS SERVICES, INCLUDING BUT NOT LIMITED TO, DAMAGES TO PROPERTY, LOSS OF GOODWILL, COMPUTER FAILURE OR MALFUNCTION AND, TO THE EXTENT PERMITTED BY LAW, DAMAGES FOR PERSONAL INJURIES, PROPERTY DAMAGE, LOST PROFITS OR PUNITIVE DAMAGES FROM ANY CAUSES OF ACTION ARISING OUT OF OR RELATED TO THIS EULA OR THE SOFTWARE, WHETHER ARISING IN TORT (INCLUDING NEGLIGENCE), CONTRACT, STRICT LIABILITY OR OTHERWISE AND WHETHER OR NOT ZONE ZERO APPS, ZONE ZERO APPS'S LICENSORS OR CHANNEL PARTNERS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. FOR PURPOSES OF THIS SECTION 7, ZONE ZERO APPS'S LICENSORS AND CHANNEL PARTNERS ARE THIRD PARTY BENEFICIARIES TO THE LIMITATIONS OF LIABILITY SPECIFIED HEREIN AND THEY MAY ENFORCE THIS EULA AGAINST YOU. BECAUSE SOME STATES/COUNTRIES DO NOT ALLOW CERTAIN LIMITATIONS OF LIABILITY, THIS LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION. THIS LIMITATION OF LIABILITY SHALL NOT BE APPLICABLE SOLELY TO THE EXTENT THAT ANY SPECIFIC PROVISION OF THIS LIMITATION OF LIABILITY IS PROHIBITED BY ANY FEDERAL, STATE, OR MUNICIPAL LAW, WHICH CANNOT BE PRE-EMPTED. THIS EULA GIVES YOU SPECIFIC LEGAL RIGHTS, AND YOU MAY HAVE OTHER RIGHTS THAT VARY FROM JURISDICTION TO JURISDICTION. IN NO EVENT SHALL ZONE ZERO APPS'S, ZONE ZERO APPS'S AFFILIATES', ZONE ZERO APPS'S LICENSORS' OR CHANNEL PARTNERS' LIABILITY FOR ALL DAMAGES (EXCEPT AS REQUIRED BY APPLICABLE LAW) EXCEED THE ACTUAL PRICE PAID BY YOU FOR USE OF THE ZONE ZERO APPS SERVICES OR FIVE EUROS (EUR 5), WHICHEVER LESS.
Other terms and conditions
TERMINATION: This EULA will terminate automatically if you fail to comply with its terms and conditions. In such event, you must destroy all copies of the Software and all of its component parts and cease and desist from accessing any Zone Zero Apps Services. With regards to Software delivered on a physical storage medium you can end this EULA by destroying the Software and all copies and reproductions of the Software and deleting and permanently purging the Software from any client server or computer on which it has been installed. EQUITABLE REMEDIES: You hereby agree that if the terms of this EULA are not specifically observed, Zone Zero Apps will be irreparably damaged, and therefore you agree that Zone Zero Apps shall be entitled, without bond, other security or proof of damages, to appropriate equitable remedies with respect to your breach of any of the terms of this EULA, in addition to any other available remedies. AFFILIATE: For purposes of this EULA, an "affiliate" or Zone Zero Apps means any legal entity that is directly or indirectly controlled by Zone Zero Apps for so long as such control lasts. Control shall exist through direct or indirect ownership of more than 50 % of the nominal value of the issued equity share capital or more than 50 % of the shares entitling the holders to vote for the election of the members of the board of directors or persons performing similar functions. INDEMNITY: You agree to indemnify, defend and hold Zone Zero Apps, its partners, affiliates, contractors, officers, directors, employees and agents harmless from and against any and all damages, losses and expenses arising directly or indirectly from: (i) your acts and omissions to act in using the Zone Zero Apps Services pursuant to the terms of the EULA; or (ii) your breach of this EULA. MISCELLANEOUS: This EULA represents the complete agreement concerning this license between the parties and supersedes all prior agreements and representations between them. Zone Zero Apps reserves the right, at its discretion, to change, modify, add or remove portions of this EULA by posting the updated EULA on Zone Zero Apps's website. You will be deemed to have accepted such changes by continuing to use the Zone Zero Apps Services. If any provision of this EULA is held to be unenforceable for any reason, such provision shall be reformed only to the extent necessary to make it enforceable and the remaining provisions of this EULA shall not be affected. GOVERNING LAW AND DISPUTE RESOLUTION. This EULA will be governed by the laws of Switzerland without reference to its choice of law rules. The United Nations Convention for the International Sale of Goods shall not apply. Any dispute, controversy or claim arising out of or relating to this EULA or the breach, termination or validity thereof shall be finally settled at Zone Zero Apps's discretion (i) at your domicile's competent courts; or (ii) by arbitration in accordance with the Rules for Expedited Arbitration of the Arbitration Institute of the Switzerland Chamber of Commerce. The arbitration shall be conducted in Zuerich, Switzerland, in the English language. YOU AGREE THAT YOU MAY BRING CLAIMS AGAINST ZONE ZERO APPS ONLY IN YOUR INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING.
Contact
IF YOU HAVE ANY QUESTIONS CONCERNING THIS AGREEMENT, YOU MAY CONTACT support -at- zonezeroapps.com.
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