AGREEMENT:This End User License Agreement (EULA) describes the terms on which Zapak Mobile Games (“We/Us/Our”) offers Users (“You / Your”) access to an account (the "account") to play and any expansion packs (individually and collectively, the "Game"). By playing the Game, you accept to these EULA.
OWNERSHIP/INTELLECTUAL PROPERTY RIGHTS:
- You agree that We retain the unfettered right to modify games and all aspects of characters, items and coin (collectively, "Virtual Goods") therein. You acknowledge that We are and will be constantly making changes to Games.
- You acknowledge that such changes shall be at Our sole discretion and We may modify features, functions or abilities of any element of the Game or any Virtual Goods.
- You shall therefore never assert or bring any claim or suit against Us, Our licensor(s), or any employees in regards to the same.
PERMITTED ACCOUNTSAccounts are available only to adults or, in their discretion, their minor child. If You are a minor, Your parent(s) or guardian(s) must complete the registration process, in which case they will take full responsibility for all obligations under this EULA. To access our service or play the Game, you are required to accept and agree to this EULA and the terms as mentioned in our website http://m.zapak.com/content/termsandconditions.
PAYMENT TERMS AND CONDITIONS
- In addition to the compliance requirements as provided by Us, You shall be responsible for payments including and not limited to hardware, software, service and other costs required to access your Account and applicable taxes.
- Neither this EULA nor Your Account entitles You to any subsequent releases of the Software, nor to any expansion packs or similar ancillary products, without paying applicable charges.
AMENDMENTS TO EULA
- You understand that We may be required to update or otherwise enhance the Game at any time and in doing so incur no obligation to furnish such updates to You pursuant to this EULA.
- You understand that We may be required to amend this EULA at many times and which shall be done at Our sole discretion.
- Amendments shall be communicated to You at the time You log into Your account. Such amendments shall be effective whenever We make the notification available for Your review.
CONSENT TO COLLECTION AND USE OF DATA
- You may not use any third party software to modify our Games to change Game play.
- You may not create, facilitate, host, link to or provide any other means through which the services may be accessed, such as through server emulators.
- You may not take any action which imposes an unreasonable or disproportionately large load on our infrastructure.
- You may not sell or auction (or host or facilitate the ability to allow others to buy, sell or auction) any Game characters, items, coin or copyrighted material.
- We may terminate this EULA and/or suspend your account immediately and without notice if You breach EULA or repeatedly infringe any third party intellectual property rights, or if We are unable to verify or authenticate any information. You provide to us, or upon gameplay, chat or any player activity whatever which we, in Our sole discretion, determine is inappropriate and/or in violation of the spirit of the services being provided.
- If we terminate this EULA or suspend Your account under these circumstances, You will lose access to Your account for the duration of the suspension and/or the balance of any prepaid period without any refund.
- We may also terminate EULA if we decide, in Our sole discretion, to discontinue offering any specific game, in which case We may provide You with a prorated refund of any prepaid amounts, at Our sole discretion.
- You may terminate Your account at any time through the account registration process. If You terminate Your account during Your initial free period, (if provided) Your account will be closed at the end of the free period and You will not be billed.
- If you terminate your Account during any Game pass cycle, Your account will be closed at the end of the then-current cycle and You will not be billed again unless You affirmatively reopen the Account.
USE OF DATA
- If you do not consent to this collection and use of information, do not install or use the Game.
LIMITED WARRANTY AND DISCLAIMER OF WARRANTIES
- We do not give full or partial refunds for Game Pass periods that you have purchased. We provide the software, account, game and all other services on "As Is Basis."
- We and Our suppliers expressly disclaim all warranties or conditions of any kind, express, implied or statutory, including without limitation the implied warranties of title, non-infringement, merchantability and fitness for a particular purpose.
LIMITATION OF LIABILITY
- Without limiting the foregoing, We do not ensure continuous, error-free, secure or virus-free operation of the game, Your account or continued operation or availability of any given server and We are not liable for any delay or failure to perform resulting from any causes beyond Our reasonable control.
- Further, we cannot and do not promise or ensure that You will be able to access Your account whenever You want, and there may be extended periods of time when You cannot access Your account.
- You shall comply with all applicable laws regarding Your use of the software, Your access to Your account and Your playing of the game. Without limiting the foregoing, You may not download, use or otherwise export or re-export the Software except in full compliance with all applicable laws and regulations, including, without limitation, the laws of the India.
CHOICE OF LAW AND VENUE
- This EULA is governed in all respects by Indian laws and Parties herein submit to personal jurisdiction in Mumbai and further agree that any cause of action relating to this Agreement shall be brought in the Courts of Mumbai, India.
- If any provision of this Agreement is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced.
- All services hereunder are offered by Zapak Mobile Games, located at 801/ 802, Grandeur Lotus, Captain Sawant Marg, Andheri (W), Mumbai – 400 053, India and if You have any questions regarding these EULA, please contact us via email at firstname.lastname@example.org