Zone Game 3D Marketplace & Portfolio

Terms of Service

1. Introduction

1.1. These Terms of Service (TOS) sets out the relationship between you and Zone Game 3D (“us” or “we”) regarding your use of our Services. For the meaning of certain words and phrases, please see the Definitions below.

1.2. By accessing our Services, you agree to these TOS, the Privacy Policy, and applicable Game Policies.

1.3. If a child wishes to use our Services, the child’s legal guardian agrees to these TOS as a precondition to the child’s use.

1.4. We reserve the right, in our sole discretion, to change, modify, add or remove portions of the TOS by update. After an update, your continued use of our Services confirms your acceptance of the updated TOS.

2. Using our Services

2.1. Limited License. Subject to these TOS, we grant you a non-exclusive, non-transferable, non-sublicensable, limited right to use our Services for your own personal, non-commercial, entertainment purposes. You agree not to use our Services for any other purpose. The rights granted to you are subject to your full compliance with Our Policies.

2.2. System Requirements. Our Services require compatible devices and may be subject to compatibility or technical limitations. We may deploy automatic or manual updates to our Services at any time and without notice to you. Your use of our Services may be affected by the performance of these elements.

2.3. No uptime guarantee. You must have internet to access our Services, and access may require other services offered by us, our affiliates, or third parties. We do not guarantee service uptime or availability, and we are not responsible for any downtime. We may discontinue our Services, or any part of them, at any time.

2.4. Security features. We may implement security features on our Services, and you will not, and will not authorize or enable anyone to, circumvent or interfere with any security features.

2.5. Health and Safety. You should take frequent breaks when playing Games, play the Games in a well-lit room, and sit a reasonable distance away from the screen. Some individuals may experience lightheadedness, seizures, or blackouts when exposed to flashing lights or other repetitive light patterns, which can occur when playing video games or using VR or AR headsets. If you, or anyone in your family, have an epileptic condition, consult a physician before playing the Games. If you experience any of the following symptoms while playing a Game – dizziness, altered vision, eye or muscle twitches, loss of awareness, disorientation, any involuntary movement, or convulsions – stop playing the Game and seek medical care immediately.

2.6. Accounts and Login. Certain parts of our Services may enable you to create an Account or otherwise log in to the Services. Where you do so, you must take reasonable steps to protect your login details and keep them secret. You are responsible for all activities performed using your Account, whether the access is authorized by you or not. We will assume anyone using your Account has your permission to do so.

2.7. Restrictions. You may use the Games only as permitted by our Policies and applicable law. You may not, and you will not assist or authorize any other person to:

- reverse engineer, decompile or disassemble, or otherwise tamper with, our Services or any part thereof;

- sell, rent, lease, lend, loan, distribute, transfer, or sublicense the Games or our Services, or act as a host or matchmaking service for the Games or our Services without our consent, or otherwise facilitate any unauthorized connection that emulates portions of our Services;

2.8. In-Game Items. When playing the Games, you may obtain In-Game Items. You acknowledge and agree that:

- In-Game Items have meaning only in the virtual and fictional world of the Game;

- In-Game Items have no monetary value, are not real-world currency, and cannot be resold or redeemed for cash;

- you have no ownership or property interest in any of the In-Game Items that we attribute to your account, or to any Game Content we authorize you to access, regardless of any effort, real-world money or other consideration you may have exchanged for access to an In-Game Item or Game Content;

- while we provide you the ability to access and use In-Game Items and Game Content, we retain all rights in and to all In-Game Items and Game Content;

- we are not responsible for loss or theft of In-Game Items;

- we may enable you to trade certain In-Game Items for other In-Game Items as part of gameplay but otherwise, you may not sell, transfer, or offer In-Game Items in exchange for real-world currencies or consideration, whether inside or outside of the Games.

2.9. Modifications. We may change, modify, suspend, or discontinue support for our Services and In-Game Items, in whole or in part, at any time without notice.

2.10. Affiliates; third parties. Certain Games may be distributed through stores or distribution services offered by our affiliates or third parties, and you may be required to create an account with those parties. Your relationship with those parties is governed by their terms. To the extent there is a conflict between their terms and this Agreement, the terms of this Agreement will control with respect to the Games.

2.11. Non-compliance. We reserve the right to limit, suspend, terminate, modify, or delete your Account or your access to our Services or portions of our Services if you, or we suspect that you are, failing to comply with Our Policies or for any actual or suspected illegal or improper use of our Services, with or without notice to you. If we terminate your Account, you must not access any other accounts, or create any further accounts.

2.12. No activity. We reserve the right to delete your Account if no activity is conducted by you in relation to the Account for 180 or more days. If your Account is deleted for this reason, you will not be notified, and you will no longer be able to access and/or use any In-Game Items associated with that Account, and no refunds will be offered to you.

2.13. Data loss. You understand that if you delete your Account, or if we delete your Account in accordance with these TOS, you may lose access to any data previously associated with your Account, including, without limitation, the levels or scores you have reached and any In-Game Items associated with your Account.

2.14. Advertising. You understand that:

- our Services may feature advertisements from us and third parties;

- we may at our sole discretion introduce advertising into any of our Services that do not presently contain advertising, unless we have explicitly stated that that Service will be an advertising-free Service;

- we are not responsible for the content of any third-party advertisements, nor the content of any website or other materials that may be linked to by third-party advertisements, and you view those third-party websites and materials at your sole risk; and

- we provide information to third-party advertisers in accordance with our Privacy Policy.

3. Your Obligations

3.1. You agree that you:

- will not rent, lease, lend, sell, transfer, redistribute, or sublicense our Services;

- will not make our Services available over a network to be used by multiple Devices at the same time;

- must remove any copies of our Services from any Device before you sell, dispose of, transfer, or assign such Devices;

- will not use or promote the use of any form of cheats, modifications, exploits, or other unauthorized means to interfere with or gain undue advantage in your use of our Services;

- will not use our Services for any commercial purpose without our prior written consent, which may be withheld at our sole discretion. You must not make our Services available for public use such as in a games arcade, use our Services within your own products or content (e.g., TV programs or films), or use our Services in advertising, solicitation, or transmission of any commercial advertisements;

- will not disrupt or burden the normal operation of our Services, our infrastructure, or any of our other business activities;

- will not attempt to gain unauthorized access to our Services;

- will not make any automated use of our Services;

- will not impersonate any other person in your use of our Services;

3.2. Data usage. You are responsible for ensuring that your installation and use of our Services does not cause you to exceed any data usage quotas or other limitations that may apply to your internet service or other third-party services.

3.3. Digital storefronts. You must comply with the terms of service of the relevant digital storefront where you obtained our Services.

3.4. Third parties. You must comply with any applicable third-party terms of agreement when using our Services.

3.5. Truth. Information that you provide to us must be true, accurate, and complete at all times.

3.6. Compliance with laws. To use our Services, you must comply with the laws that apply to you in the location where you access our Services. If any applicable laws restrict or prohibit you from using our Services, you must comply with those legal restrictions or, if necessary, stop accessing and using our Services.

3.7. Indemnification. You agree to compensate us, as legally required, for all losses, harm, Claims, and expenses that may arise from any breach of these TOS by you.

3.8. Security. You agree that:

- No data transmission over the internet can be guaranteed as totally secure. While we strive to protect such information, we cannot guarantee the security of any information you transmit to us. Accordingly, any information which you transmit to us is transmitted at your own risk.

- However, once we receive your transmission, we will take reasonable steps to preserve the security of it.

3.9. Your precautions. You must take your own precautions to ensure your access to our Services does not expose you to the risk of viruses, malicious computer code, or other forms of interference which may damage your devices. We do not accept responsibility for any interference or damage to your devices which arises in connection with your use of our Services.

3.10. Privacy Policy. We will collect, process, use, and share your personal information in accordance with our Privacy Policy, as set out in Our Policies and as you otherwise consent. Our Privacy Policy forms part of these TOS, and your agreement is a precondition to your use of our Services.

4. Updates & Access to our Services

4.1. Right to withdraw or modify. We have the right to withdraw or modify our Services (in whole or in part) at any time for any reason. For the avoidance of doubt, you understand that we have the right to alter our Services at our sole discretion.

4.2. Availability. You understand that there may be times when our Services, or any part of our Services, is not available for technical or maintenance-related reasons, whether on a scheduled or unscheduled basis.

4.3. Updates. You understand that:

- We may, at our sole discretion, provide Updates and may require you to accept these Updates to our Services;

- You may need to update third-party software from time to time to continue using our Services;

- It is your responsibility to update our Services and third-party software when updates are available. We are not liable for any loss that you may suffer as a result of your failure to update; and

- We are not obligated to support our Services by providing advice, training, error-correction, modifications, new releases, enhancements, hosting, telecommunication, internet, or other services related to your use of our Services.

5. Disclaimer & Release

5.1. No liability. To the fullest extent permitted by law, we are not liable for any claims or losses arising directly or indirectly from:

- A failure to provide our Services, or any part thereof;

- Corruptions to or loss of data, errors, or interruptions occurring in the course of using, or as part of, any of our Services;

- Any suspension or discontinuance of any of our Services, or any part thereof; or

- Any use of our Services by other users, including any use of our Services by other users which contravenes these terms.

6. Security & Privacy

6.1. Security. While we strive to protect the security of any information you transmit to us, we cannot guarantee total security. Any information you transmit to us is at your own risk. Once we receive your transmission, we will take reasonable steps to ensure its security.

6.2. Your precautions. You must take your own precautions to ensure your access to our Services does not expose you to viruses, malicious code, or other forms of interference that may damage your device. We do not accept responsibility for any interference or damage to your devices arising in connection with your use of our Services.

6.3. Privacy Policy. We will collect, process, use, and share your personal information per our Privacy Policy, which forms part of these TOS. Your agreement to the Privacy Policy is a precondition to your use of our Services.

7. General Provisions

7.1. Assignment. We may transfer all or part of our rights or responsibilities under these TOS to another party without obtaining your consent, provided the transfer does not significantly disadvantage you. You may not transfer any rights granted to you under these TOS without our prior written consent.

7.2. No class actions. Any proceedings related to these TOS will be conducted individually. Neither you nor we will seek to have a dispute heard as a class action or any other proceeding in which a party acts in a representative capacity. No proceeding, mediation, or arbitration can be combined without prior written consent from all parties.

7.3. Entire agreement. These TOS, along with our Privacy Policy, House Rules, Game Policies, and any other terms communicated to you in writing, constitute the entire agreement between you and us regarding our Services and replace any prior agreements.

7.4. Severability. If any part of these TOS is found invalid or unenforceable, that part will be limited or eliminated to the minimum extent necessary, so that these TOS and Our Policies will otherwise remain in full force and effect.

7.5. Waivers. Our failure to exercise or enforce any rights under these TOS does not constitute a waiver of such rights. Any waiver of rights will only be effective if in writing and signed by us.

7.6. Contact. If you have questions about Our Policies or our Services, please contact us at:

- Zone Game 3D

- Email:[email protected]