Terms of Service
Accepting the Terms
These Terms of Service, which include and hereby incorporate the Privacy Policy at https://z-media.info/en/privacy ("Terms") are a legal agreement between Z-Media, OOO ("Z-Media" or "we") and you ("you"). By using or accessing any Z-Media game (the "Service") you agree that you have read, understood, and accept to be bound by the Terms. Z-Media reserves the right, in its sole discretion, to modify or revise these Terms at any time, and you agree to be bound by such modifications or revisions. Any such change or modification will be effective immediately upon posting on the Service, and your continued use of the Service after any changes or modifications to these Terms are posted will constitute your acceptance of, and agreement to, such changes or modifications. If you object to any change or modification, your sole recourse shall be to cease using the Service.
License
Subject to your agreement and compliance with these Terms, Z-Media grants you a personal, non-exclusive, non-transferable, non-sublicensable, revocable, limited scope license to use the Service. Use of the Service shall be solely for your own, private, non-commercial entertainment purposes and for no other purpose whatsoever. You hereby acknowledge that your license to use the Service is limited by these Terms, and, if you violate or if, at any point, you do not agree to any of these Terms, your license to use the Service shall immediately terminate, and you shall immediately refrain from using the Service. If the Service or any part thereof is determined to be illegal under the laws of the country in which you are situated, you shall not be granted any license to use the Service, and must refrain from using the Service.
Intellectual Property/Ownership
All rights, title and interest in and to all materials that are part of the Service (including, but not limited to, designs, text, graphics, pictures, video, information, applications, software, music, sound and other files, and their selection and arrangement), except for “User Content” (as defined below), collectively referred to as the “Service Materials”, are, as between Z-Media and you, owned by Z-Media and/or its third party licensors. You acknowledge and agree that you shall not acquire any ownership rights whatsoever by downloading Service Materials. You agree that you shall not modify, copy, distribute, frame, reproduce, republish, download, scrape, display, post, transmit, or sell in any form or by any means, in whole or in part, or otherwise exploit the Service Materials without Z-Media's express prior written permission. All other uses of copyrighted material, including any derivative use, require express prior written permission from Z-Media. Any reproduction or redistribution of Service Materials not in accordance with these Terms is expressly prohibited and may result in severe civil and criminal penalties. You acknowledge that you do not acquire any ownership rights by using the Service or by accessing any Service Materials posted on the Service by Z-Media, or any derivative works thereof. All rights not expressly granted by these Terms are reserved by Z-Media and its licensors, and no license is granted hereunder by estoppel, implication or otherwise.
User Content
You agree that you are willingly publishing the content on the Service using technology and tools provided by Z-Media. You understand and agree that you may not distribute, sell, transfer or license this content and/or application in any manner, in any country, or on any social network or other medium without the explicit written permission of Z-Media. You grant Z-Media the right to act as an agent on your behalf as operator of the application. Any data, text, graphics, photographs and their selection and arrangement, (hereinafter "User Content") uploaded to the Service are subject, whether in whole or in part, to unlimited commercial, non-commercial and/or promotional use by Z-Media. Text, graphics, and photographs are uploaded by you and are the sole responsibility of the person from whom the User Content originated. Thus, users are responsible, and Z-Media is not responsible for any files users upload, post, or otherwise make available. Z-Media may or may not regulate User Content and does not guarantee the accuracy, quality, or integrity of any User Content posted via the Z-Media application. By using you acknowledge and accept that you may be exposed to material you find offensive or objectionable. You agree that Z-Media will not under any circumstances be liable for any User Content, including, but not limited to, errors in any User Content, or any loss or damage incurred by use of the User Content. Z-Media reserves the right to remove and permanently delete any User Content from the Service with or without notice.
Virtual Currencies/Goods
The Service may include an opportunity to purchase virtual, in-game currency (“Virtual Currency”) that may require you to pay a fee using “real money” to obtain the Virtual Currency. The Service may also include virtual, in-game digital items (“Virtual Goods”) that may be purchased from Z-Media for “real money” or for Virtual Currency. Virtual Currency and Virtual Goods can never be redeemed for real money, goods, or any other item of monetary value from Z-Media or any other party. You understand that you have no right or title in Virtual Goods or Virtual Currency. Your purchase of Virtual Currency and/or Virtual Goods is final and is not refundable, exchangeable, transferable, except in Z-Media’s sole discretion. You may not purchase, sell, or exchange Virtual Currency or Virtual Goods outside the Service. Doing so is a violation of the Terms and may result in termination of your account with the Service and/or legal action. Z-Media retains the right to modify, manage, control and/or eliminate Virtual Currency and/or Virtual Goods at its sole discretion. Prices and availability of Virtual Goods are subject to change without notice.
Rules of Conduct/Usage
The Service may provide communication channels such as forums, communities, or chat areas (“Communication Channels”) designed to enable you to communicate with other Service users. Z-Media has no obligation to monitor these communication channels but it may do so and reserves the right to review materials posted to the Communication Channels and to remove any materials, at any time, with or without notice for any reason, at its sole discretion. Z-Media may also terminate or suspend your access to any Communication Channels at any time, without notice, for any reason. You acknowledge that chats, postings, or materials posted by users on the Communication Channels are neither endorsed nor controlled by Z-Media, and these communications should not be considered reviewed or approved by Z-Media. Z-Media will not under any circumstance be liable for any activity within Communication Channels. You agree that all your communications with the Communication Channels are public, and thus you have no expectation of privacy regarding your use of the Communication Channels. Z-Media is not responsible for information that you choose to share on the Communication Channels, or for the actions of other users. You agree that your use of the Service shall be lawful and that you will comply with the usage rules. In furtherance of the foregoing, and as an example and not as a limitation, you agree not to use the Service in order to: — post, upload, transmit or otherwise disseminate information that is obscene, indecent, vulgar, pornographic, sexual or otherwise objectionable — defame, libel, ridicule, mock, stalk, threaten, harass, intimidate or abuse anyone, hatefully, racially, ethnically or, in a reasonable person’s view, otherwise offensive or objectionable — upload or transmit (or attempt to upload or transmit) files that contain viruses, Trojan horses, worms, time bombs, cancelbots, corrupted files or data, or any other similar software or programs that may damage the operation of the Service or other users’ computers — violate the contractual, personal, intellectual property or other rights of any party including using, uploading, transmitting, distributing, or otherwise making available any information made available through the Service in any manner that infringes any copyright, trademark, patent, trade secret, or other right of any party (including rights of privacy or publicity) — attempt to obtain passwords or other private information from other members — improperly use support channels or complaint buttons to make false reports to Z-Media — develop, distribute, or publicly inform other members of “auto” software programs, “macro” software programs or other “cheat utility” software program or applications in violation of the applicable License Agreements — exploit, distribute or publicly inform other members of any game error, miscue or bug which gives an unintended advantage — violate any applicable laws or regulations, or promote or encourage any illegal activity including, but not limited to, hacking, cracking or distribution of counterfeit software, or cheats or hacks for the Service.
Privacy and Protection of Personal Information
Information collected from you is subject to the pertinent social network's policy. By using the Service, you may be granting your social network permission to share your e-mail address and any other personally identifiable information with Z-Media. Please see Z-Media's Privacy Policy (https://z-media.info/en/privacy) for more information on the collection and use of your information. You acknowledge and agree that the Privacy Policy is incorporated and made part of these Terms.
Disclaimer of Warranty and Limitation of Liability
You agree that your use of the Service shall be at your sole risk. To the fullest extent permitted by law, Z-Media, its Affiliates, officers, directors, employees, and agents disclaim all warranties, express or implies, in connection with the Service and your use thereof including implied warranties of title, merchantability, fitness for a particular purpose or non-infringement, accuracy, authority, completeness, usefulness, and timeliness. Z-Media makes no warranties or representations about the accuracy or completeness of the content of the Service and of the content of any sites linked to the Service; Z-Media assumes no liability or responsibility for any (i) errors, mistakes, or inaccuracies of content, (ii) personal injury or property damage, of any nature whatsoever, resulting from your access to and use of the Service, (iii) any unauthorized access to or use of our secure servers and/or any and all personal information and/or financial information stored therein, (iv) any interruption or cessation of transmission to or from the Service, (v) any bugs, viruses, trojan horses, or the like which may be transmitted to or through the Service by any third party, and/or (vi) any errors or omissions in any content or for any loss or damage of any kind incurred as a result of the use of any content posted, emailed, transmitted, or otherwise made available via the Service. In no event will Z-Media, its Affiliates, directors, officers, agents, contractors, partners and employees, be liable to you or any third person for any special, direct, indirect, incidental, special, punitive, or consequential damages whatsoever including any lost profits or lost data arising from your use of the Service or other materials on, accessed through or downloaded from the Service, whether based on warranty, contract, tort, or any other legal theory, and whether or not Z-Media has been advised of the possibility of these damages. The foregoing limitation of liability shall apply to the fullest extent permitted by law in the applicable jurisdiction. You specifically acknowledge that Z-Media shall not be liable for user submissions or the defamatory, offensive, or illegal conduct of any third party and that the risk of harm or damage from the foregoing rests entirely with you. You agree to indemnify and hold Z-Media, and each of its Affiliates, directors, officers, agents, contractors, partners and employees, harmless from and against any loss, liability, claim, demand, damages, costs and expenses, including reasonable attorney’s fees, arising out of or in connection with (i) your use of and access to the Service; (ii) your violation of any term of these Terms of Service; (iii) your violation of any third party right, including without limitation any copyright, property, or privacy right; (iv) any claim that one of your User Submissions caused damage to a third party; or (v) any Content you post or share on or through the Service.
General
By visiting or using the Service, you agree that the laws of Russian Federation, without regard to principles of conflict of laws and regardless of your location, will govern these Terms of Service and any dispute of any sort that might arise between you and Z-Media. Any claim or dispute between you and Z-Media that arises in whole or in part from your use of the Service shall be decided exclusively by a court of competent jurisdiction located in Russian Federation, and you hereby consent to, and waive all defenses of lack of personal jurisdiction and forum non conveniens with respect to venue and jurisdiction in Russian Federation. Z-Media reserves the right to amend these Terms of Service at any time and without notice, and it is your responsibility to review these Terms of Service for any changes. Your use of Z-Media following any amendment of these Terms of Service will signify your assent to and acceptance of its revised terms. YOU AND Z-MEDIA AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE SERVICE MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.
These Terms of Service, which include and hereby incorporate the Privacy Policy at https://z-media.info/en/privacy ("Terms") are a legal agreement between Z-Media, OOO ("Z-Media" or "we") and you ("you"). By using or accessing any Z-Media game (the "Service") you agree that you have read, understood, and accept to be bound by the Terms. Z-Media reserves the right, in its sole discretion, to modify or revise these Terms at any time, and you agree to be bound by such modifications or revisions. Any such change or modification will be effective immediately upon posting on the Service, and your continued use of the Service after any changes or modifications to these Terms are posted will constitute your acceptance of, and agreement to, such changes or modifications. If you object to any change or modification, your sole recourse shall be to cease using the Service.
License
Subject to your agreement and compliance with these Terms, Z-Media grants you a personal, non-exclusive, non-transferable, non-sublicensable, revocable, limited scope license to use the Service. Use of the Service shall be solely for your own, private, non-commercial entertainment purposes and for no other purpose whatsoever. You hereby acknowledge that your license to use the Service is limited by these Terms, and, if you violate or if, at any point, you do not agree to any of these Terms, your license to use the Service shall immediately terminate, and you shall immediately refrain from using the Service. If the Service or any part thereof is determined to be illegal under the laws of the country in which you are situated, you shall not be granted any license to use the Service, and must refrain from using the Service.
Intellectual Property/Ownership
All rights, title and interest in and to all materials that are part of the Service (including, but not limited to, designs, text, graphics, pictures, video, information, applications, software, music, sound and other files, and their selection and arrangement), except for “User Content” (as defined below), collectively referred to as the “Service Materials”, are, as between Z-Media and you, owned by Z-Media and/or its third party licensors. You acknowledge and agree that you shall not acquire any ownership rights whatsoever by downloading Service Materials. You agree that you shall not modify, copy, distribute, frame, reproduce, republish, download, scrape, display, post, transmit, or sell in any form or by any means, in whole or in part, or otherwise exploit the Service Materials without Z-Media's express prior written permission. All other uses of copyrighted material, including any derivative use, require express prior written permission from Z-Media. Any reproduction or redistribution of Service Materials not in accordance with these Terms is expressly prohibited and may result in severe civil and criminal penalties. You acknowledge that you do not acquire any ownership rights by using the Service or by accessing any Service Materials posted on the Service by Z-Media, or any derivative works thereof. All rights not expressly granted by these Terms are reserved by Z-Media and its licensors, and no license is granted hereunder by estoppel, implication or otherwise.
User Content
You agree that you are willingly publishing the content on the Service using technology and tools provided by Z-Media. You understand and agree that you may not distribute, sell, transfer or license this content and/or application in any manner, in any country, or on any social network or other medium without the explicit written permission of Z-Media. You grant Z-Media the right to act as an agent on your behalf as operator of the application. Any data, text, graphics, photographs and their selection and arrangement, (hereinafter "User Content") uploaded to the Service are subject, whether in whole or in part, to unlimited commercial, non-commercial and/or promotional use by Z-Media. Text, graphics, and photographs are uploaded by you and are the sole responsibility of the person from whom the User Content originated. Thus, users are responsible, and Z-Media is not responsible for any files users upload, post, or otherwise make available. Z-Media may or may not regulate User Content and does not guarantee the accuracy, quality, or integrity of any User Content posted via the Z-Media application. By using you acknowledge and accept that you may be exposed to material you find offensive or objectionable. You agree that Z-Media will not under any circumstances be liable for any User Content, including, but not limited to, errors in any User Content, or any loss or damage incurred by use of the User Content. Z-Media reserves the right to remove and permanently delete any User Content from the Service with or without notice.
Virtual Currencies/Goods
The Service may include an opportunity to purchase virtual, in-game currency (“Virtual Currency”) that may require you to pay a fee using “real money” to obtain the Virtual Currency. The Service may also include virtual, in-game digital items (“Virtual Goods”) that may be purchased from Z-Media for “real money” or for Virtual Currency. Virtual Currency and Virtual Goods can never be redeemed for real money, goods, or any other item of monetary value from Z-Media or any other party. You understand that you have no right or title in Virtual Goods or Virtual Currency. Your purchase of Virtual Currency and/or Virtual Goods is final and is not refundable, exchangeable, transferable, except in Z-Media’s sole discretion. You may not purchase, sell, or exchange Virtual Currency or Virtual Goods outside the Service. Doing so is a violation of the Terms and may result in termination of your account with the Service and/or legal action. Z-Media retains the right to modify, manage, control and/or eliminate Virtual Currency and/or Virtual Goods at its sole discretion. Prices and availability of Virtual Goods are subject to change without notice.
Rules of Conduct/Usage
The Service may provide communication channels such as forums, communities, or chat areas (“Communication Channels”) designed to enable you to communicate with other Service users. Z-Media has no obligation to monitor these communication channels but it may do so and reserves the right to review materials posted to the Communication Channels and to remove any materials, at any time, with or without notice for any reason, at its sole discretion. Z-Media may also terminate or suspend your access to any Communication Channels at any time, without notice, for any reason. You acknowledge that chats, postings, or materials posted by users on the Communication Channels are neither endorsed nor controlled by Z-Media, and these communications should not be considered reviewed or approved by Z-Media. Z-Media will not under any circumstance be liable for any activity within Communication Channels. You agree that all your communications with the Communication Channels are public, and thus you have no expectation of privacy regarding your use of the Communication Channels. Z-Media is not responsible for information that you choose to share on the Communication Channels, or for the actions of other users. You agree that your use of the Service shall be lawful and that you will comply with the usage rules. In furtherance of the foregoing, and as an example and not as a limitation, you agree not to use the Service in order to: — post, upload, transmit or otherwise disseminate information that is obscene, indecent, vulgar, pornographic, sexual or otherwise objectionable — defame, libel, ridicule, mock, stalk, threaten, harass, intimidate or abuse anyone, hatefully, racially, ethnically or, in a reasonable person’s view, otherwise offensive or objectionable — upload or transmit (or attempt to upload or transmit) files that contain viruses, Trojan horses, worms, time bombs, cancelbots, corrupted files or data, or any other similar software or programs that may damage the operation of the Service or other users’ computers — violate the contractual, personal, intellectual property or other rights of any party including using, uploading, transmitting, distributing, or otherwise making available any information made available through the Service in any manner that infringes any copyright, trademark, patent, trade secret, or other right of any party (including rights of privacy or publicity) — attempt to obtain passwords or other private information from other members — improperly use support channels or complaint buttons to make false reports to Z-Media — develop, distribute, or publicly inform other members of “auto” software programs, “macro” software programs or other “cheat utility” software program or applications in violation of the applicable License Agreements — exploit, distribute or publicly inform other members of any game error, miscue or bug which gives an unintended advantage — violate any applicable laws or regulations, or promote or encourage any illegal activity including, but not limited to, hacking, cracking or distribution of counterfeit software, or cheats or hacks for the Service.
Privacy and Protection of Personal Information
Information collected from you is subject to the pertinent social network's policy. By using the Service, you may be granting your social network permission to share your e-mail address and any other personally identifiable information with Z-Media. Please see Z-Media's Privacy Policy (https://z-media.info/en/privacy) for more information on the collection and use of your information. You acknowledge and agree that the Privacy Policy is incorporated and made part of these Terms.
Disclaimer of Warranty and Limitation of Liability
You agree that your use of the Service shall be at your sole risk. To the fullest extent permitted by law, Z-Media, its Affiliates, officers, directors, employees, and agents disclaim all warranties, express or implies, in connection with the Service and your use thereof including implied warranties of title, merchantability, fitness for a particular purpose or non-infringement, accuracy, authority, completeness, usefulness, and timeliness. Z-Media makes no warranties or representations about the accuracy or completeness of the content of the Service and of the content of any sites linked to the Service; Z-Media assumes no liability or responsibility for any (i) errors, mistakes, or inaccuracies of content, (ii) personal injury or property damage, of any nature whatsoever, resulting from your access to and use of the Service, (iii) any unauthorized access to or use of our secure servers and/or any and all personal information and/or financial information stored therein, (iv) any interruption or cessation of transmission to or from the Service, (v) any bugs, viruses, trojan horses, or the like which may be transmitted to or through the Service by any third party, and/or (vi) any errors or omissions in any content or for any loss or damage of any kind incurred as a result of the use of any content posted, emailed, transmitted, or otherwise made available via the Service. In no event will Z-Media, its Affiliates, directors, officers, agents, contractors, partners and employees, be liable to you or any third person for any special, direct, indirect, incidental, special, punitive, or consequential damages whatsoever including any lost profits or lost data arising from your use of the Service or other materials on, accessed through or downloaded from the Service, whether based on warranty, contract, tort, or any other legal theory, and whether or not Z-Media has been advised of the possibility of these damages. The foregoing limitation of liability shall apply to the fullest extent permitted by law in the applicable jurisdiction. You specifically acknowledge that Z-Media shall not be liable for user submissions or the defamatory, offensive, or illegal conduct of any third party and that the risk of harm or damage from the foregoing rests entirely with you. You agree to indemnify and hold Z-Media, and each of its Affiliates, directors, officers, agents, contractors, partners and employees, harmless from and against any loss, liability, claim, demand, damages, costs and expenses, including reasonable attorney’s fees, arising out of or in connection with (i) your use of and access to the Service; (ii) your violation of any term of these Terms of Service; (iii) your violation of any third party right, including without limitation any copyright, property, or privacy right; (iv) any claim that one of your User Submissions caused damage to a third party; or (v) any Content you post or share on or through the Service.
General
By visiting or using the Service, you agree that the laws of Russian Federation, without regard to principles of conflict of laws and regardless of your location, will govern these Terms of Service and any dispute of any sort that might arise between you and Z-Media. Any claim or dispute between you and Z-Media that arises in whole or in part from your use of the Service shall be decided exclusively by a court of competent jurisdiction located in Russian Federation, and you hereby consent to, and waive all defenses of lack of personal jurisdiction and forum non conveniens with respect to venue and jurisdiction in Russian Federation. Z-Media reserves the right to amend these Terms of Service at any time and without notice, and it is your responsibility to review these Terms of Service for any changes. Your use of Z-Media following any amendment of these Terms of Service will signify your assent to and acceptance of its revised terms. YOU AND Z-MEDIA AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE SERVICE MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.
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