IMPORTANT - YOU MUST READ THE
FOLLOWING TERMS OF USE AND ACCEPT THIS AGREEMENT. BY CLICKING ON THE "I
ACCEPT. REGISTER" BUTTON THAT APPEARS ON THE REGISTER PAGE, YOU INDICATE
THAT YOU AGREE TO THESE TERMS OF USE.
YOU MUST FIRST REGISTER AS A MEMBER AND ADOPT A
USER NAME AS A CONDITION OF PLAY AND FOR THE PURPOSE OF OPENING A
"MERCHANDISE ACCOUNT".
This agreement ("Agreement") constitutes a binding
contract between you and G4BOX Inc. and governs your use of www.z8games.com
(the "Service"). By registering as a member and accepting this
Agreement, you represent that: (i) you have read and
understood this Agreement and agree to be bound by its terms and (ii) that you
are at least 18 years of age. (iii) If you are under the age of 18 but are at
least 13 years of age you agree that you have the consent of a parent or legal
guardian who agrees to be bound by these Terms of Use. Children under the age
of 13 may not use our services for other than browsing, and parents or legal
guardians may not agree to these Terms of Use on their behalf. If you are a
parent or legal guardian agreeing to these Terms of Use for the benefit of a
child between the ages of 13 and 18, be advised that you are fully responsible
for his or her use of this Site, including all financial charges and legal
liability that he or she may incur. If you do not agree to (or cannot comply
with) any of these terms and conditions, do not use this Site.
The terms of this Agreement may be amended by Z8Games from
time to time in its discretion and a copy of such amended terms will be posted
at http://www.z8games.com. If you object to such amended terms, your sole
remedy is to refrain from using the Service. You will be deemed to have
accepted the Agreement as amended 30 days after the amended terms are posted if
you continue to use the Service. In the event of such amendment, all other
terms of the Agreement will remain in effect.
Our network resources may not be used to impersonate another
person or misrepresent authorization to act on behalf of others or us. All
messages transmitted through our website should correctly identify the sender;
you may not alter the attribution of origin in electronic mail messages or
posting.
We reserve the right to deactivate your account or suspend
use of services for any reason. No user of our services or site may (1) take
any action that imposes an unreasonable load on the site's infrastructure; (2)
use any device, software or routine to interfere with or attempt to interfere
with the proper working of the site or any activity being conducted on the
site, (3) attempt to decipher, decompile, reverse engineer, or disassemble any
of the software comprising or making up the site or the service; (4) delete or
alter any material posted by any other person or entity; or (5) frame or link
any of the materials or information available from the site or the service.
Information and materials posted by us are provided for
general reference only and where permitted by law, are not warranted to be free
from errors, other deficiencies or potential interruptions. In addition, the
site may be used by others to post information and materials, including changes
or additions; we give no assurance whatsoever regarding such information or
materials. Information and materials posted by others is considered
non-confidential. In no event should the availability of such information and
materials be construed as an indication that they have been validated by
Z8Games or represent the views of Z8Games. Z8Games does not monitor all
submissions to the site, but reserves the right to do so and to remove or edit
anything that is in violation of these terms of use or other policies of
Z8Games. When retrieving information, Digital Downloads or services from our
site, you are prohibited from (1) using or attempting to use spiders, robots,
avatars, intelligent agents or any extraction or navigation search except for a
normal browser, (2) aggregating, copying, or duplicating any of the materials
or information available from the site, or (3) accessing data not intended for
You.
Information Provided by You
If you submit information to our site, you agree not to (1)
post or transmit anything that is defamatory, libelous,
abusive, unlawful, obscene, threatening, fraudulent, pornographic or harmful,
or that could encourage criminal or unethical behavior;
(2) post or transmit pyramid schemes, chain letters, or conduct gambling; (3)
post or transmit anything that violates the copyright or intellectual property
rights of any person or entity; (4) post or transmit a virus or any other
harmful component; or (5) contact other site users through unsolicited e-mail,
telephone calls or any other method of communication.
Registration
In order to become a Member to the Service you must register
and provide specified information. You represent that your registration
information will be current, complete and accurate at the time you register and
that you will update it as necessary. For registration and sign-in purposes,
you will select a password. You agree that you will not allow others to use
your Member name, password and/or account.
Termination of Usage
Z8Games may terminate or suspend your access to all or parts of the Service, without notice, for any conduct that Z8Games
in its sole discretion, believes is in violation of this Agreement or
applicable law, or is detrimental to the interests of another user or any third
party. In such case, Z8Games shall have no liability to you.
Intellectual Property Rights
You agree that all content on the Service, including text,
graphics, photographs, musical compositions, sound recordings and other
material (the "Content") and the selection, coordination, arrangement
and enhancement of same, is the exclusive property of Z8Games or the property
of content suppliers to Z8Games and is protected by copyrights, trademarks
and/or other proprietary rights under the laws of Canada and other countries.
All present and future copyrights, trademarks and other proprietary rights in
and to the Content shall, as between you and Z8Games, at all times be and
remain the exclusive property of Z8Games and its content suppliers. You may not
create any derivative works based on the Content or otherwise use the Content
except as expressly authorized herein. The Service includes materials whose
proprietary rights, copyrights and trademarks are owned by third parties. Use
of such materials is prohibited without written permission from the owners of
such materials.
Ownership
For all games, properties, titles, and services operating under Z8Games, including but not limited to and without limitation; user accounts, game/computer code, game items/objects, characters, character names, character profile information, clans/guilds and their names, game replays/recordings, art, game assets, music, visual effects, documentation, story, game sounds, chat room transcripts, or anything else provided by our services and games are owned by Z8Games and/or its respective developers and partners. These Games and Services are protected by Canadian and international laws, and may contain certain licensed materials in which Z8Games's licensors may enforce their rights in the event of any violation of this Agreement.
Restrictions on Use
You agree to use the Content only for personal,
non-commercial, lawful purposes and not for resale or other transfer to, or use
by or for the benefit of, any other person or entity. With respect to Z8Games
downloading membership service, Z8Games grants you a limited, non-exclusive,
non-transferable, revocable right to receive by download and/or copy, as
applicable, selected portions of the content to your personal computer only.
Disclaimer of Warranty
Your use of the service is at your sole risk. The content is
provided "as is" and where permitted by law, Z8Games makes no warranty
of any kind, express or implied. As to the accuracy or completeness of the
content, including, but not limited to, implied warranties of merchantability,
non-infringement, title or fitness for a particular purpose or use. Z8Games
does not warrant that the service is compatible with your equipment or is free
of errors, viruses or other defects and is not liable for any damages you or
any third party may suffer as a result thereof.
Limitation of Liability
Under no circumstances, where permitted by law, including,
but not limited to negligence, shall Z8Games be liable to you for any direct or
indirect, punitive, special, incidental or consequential damages allegedly
sustained by you or any third parties from your use of the service or the
content or your inability to access or use the service. Some jurisdictions do
not allow the exclusion or limitation of liability for punitive, consequential
or incidental damages. In such jurisdictions, Z8Games' liability is limited to the
greatest extent permitted by law.
Linking
Z8Games may provide hyperlinks to other Websites maintained
by third parties or may provide third party content on the Service by framing
or other methods. The fact that Z8Games provides a link to a third party
Website does not mean that we endorse, authorize or sponsor that website. The
links to third party websites are provided for your convenience and information
only. The content in any linked websites is not under our control and we are
not responsible for the content of linked websites, including any further links
contained in a third party websites. If you decide to access any of the third
party websites linked to the service, you do this entirely at your own risk. It
is up to you to take precautions to ensure that the third party Website to
which you link is free of computer viruses and other items of a destructive
nature.
Representations and Warranties
You represent, warrant and covenant that you: (i) have the power and authority to enter into this
Agreement; (ii) shall not use any rights granted herein for any unlawful
purpose; and (iii) shall use the Service and the Content only as permitted by
this Agreement.
Indemnity
You agree to indemnify and hold harmless Z8Games and its
agents, employees, representatives, licensors, affiliates, parents and
subsidiaries from and against any and all claims, losses, demands, causes of
action and judgments (including attorney's fees and court costs) arising from
or relating to your use of the Content or the Service, including, without
limitation, allowing others to use your Member name, password and/or account.
Governing Law
Where permitted by law, this Agreement shall be governed and
construed in accordance with the laws of Canada and the Province of Ontario,
without giving effect to conflicts of law principles. You agree to submit to
the personal jurisdiction and venue of the Provincial and
Federal courts located in Ontario, with respect to any legal proceedings
relating to this Agreement and waive any objection to the propriety or
convenience of venue in such courts.
Refund Policy
All merchandise sold through the Z8Games related websites is
"virtual" and intangible, and therefore cannot be returned. Since
game play itself is free to registered users, Z8Games will process any request
for refund, made within 72 hours of purchase, to a new registrant who finds the
overall gaming experience does not meet expectations. Said player will
immediately be de-registered and may not be permitted to participate in further
play.
Entire Agreement
This Agreement
is the complete and entire agreement between the parties and supersedes any
prior agreement whether written or oral.
Language Clause
The parties hereto have
expressly requested that this Agreement and all related documents be drafted in
English. Les parties aux présentes ont expressément requis que les présentes et tout document y afférent soient rédigés en langue anglaise.
[1.0] Account
An account is issued to a player in accordance with the account policy. This
section of the document further discusses the legal actions which will be
executed to an account due to any violation. Each account holder must respect
all other players in a professional and courteous manner and is fully
responsible for all violations incurred by his/her account.
[1.1] Warning
A warning is issued to a player for an offense which is considered a minor
illegal act, most common violation due to lack of knowledge or harmless offense
which may be easily prevented. This is a cautious response to the player to keep
their eyes open and acknowledge that he/she has performed an illegal act. If a
similar act(s) is continued, second level of action will be conducted in
accordance with the account policy.
[1.2] Simple Suspension
A simple suspension of the account is issued to a player who has committed a
violation for which he/she was previously warned. A simple suspension is used to
remove the player off the server for a short period of time to ensure he/she
understands the importance of a violation free environment.
[1.3] Extreme Suspension
A suspension that is lengthy in duration and applied to a violating account.
This is often caused by a serious offense in accordance with "Z8Games' Terms and
Conditions" in which a simple suspension may not be issued. Extreme suspension
is a consequence for situations where the offender has been warned numerous
times and/or previously given a simple suspension.
[1.4] Account Closure
Account closure is by far the highest level of punishment to an active account.
This course of action is utilized at situations where an offense may not be
tolerated any further. In other words, offender has far exceeded the point in
which any suspension is applicable. Upon completion of an account closure, the
entire account will be permanently deleted as well as the offender is prohibited
to attend any matters relating to the game. Hereafter, the account will not be
revoked for any reason.
[1.5] Chat Block
The chat window is a main medium of communication amongst
players. Currently, the chat window allows players to exchange information
through four different levels which determine who may see the messages in
respect to a range. "Shout" is the highest level of all, which means all players
on all channels, will see messages. These messages are constantly filtered for
English only. However, players often find ways to send the message using
distinct words which do not get filtered. These players are at a risk of losing
the privilege to chat altogether. Hence, it is very important to use appropriate
terms of communication while respecting all other players rights at all times.
Players who are identified as presenting offensive, inappropriate, aggressive,
racial, discriminative, sexual and violent or any other language we define as
simply unacceptable will be warned at first. If this behavior
still continues, the ability to chat will be revoked from all the involved
participants.
[1.5.1] Levels of Chat
[A] Normal/Party/Guild - Messages are visible to all players who
are roaming around a certain range of the sender, in a party or part of Guild
respectively. Within these levels of chat, general terms that are widely
accepted and used daily are acceptable since there is limitation for visibility
of messages sent.
[B] Shout - Messages processed here are seen by everyone within the
channel. Thus, players must abide by the rules discussed above in this level of
chat; otherwise a punishment will be issued accordingly.
[2.0] Character Naming Conventions
Character names are the only way of referencing a player in the game
environment. These names may be meaningful and attractive. However, they may not
portray content that is considered pedophiliac, racial/ethnic, sexual, violent,
national sexual orientation and Obscene/Vulgar. Thus, great care should be given
to name selection.
The first impression other players have of you will be based on your character's name, so it's best to start off on the right foot. While choosing the perfect name for your character is left to your discretion, we have determined that some types of names are not allowed in this game, forum, or any other part of Z8Games. Z8Games reserve the right to delete, change, and in any way alter a character’s name and/or clan/guild/group name at any point as seen fit, these decisions cannot be contested. If a user would like to change their name to something else the only way is through the use of “Name Change” cards or items as provided by each game in question, these items will in most cases require a monetary fee to obtain and will not be available in any other way.
[2.1] Sexual Content
Character names which imply any sexual content of any kind is inappropriate and
thus not tolerated. This may include words describing sexual behavior or imagery.
[2.2] Racial/Derogatory/Discriminative/Disability Terms
Racial, derogatory, discriminative and/or disability terms are offensive and not
attractive to other players in the game. Such names which depict any type of the
above mentioned content either implicitly or explicitly is prohibited by rules
that govern this convention.
[2.3] Harassment
Character names that portray any kind of harassment at any degree is not tolerated and will be considered a serious offense.
[3.0] PvP (Player versus Player)
Every player must respect and realize that each player has equal rights in the
game. Therefore, battles may not be initiated through the means of compelling or
continuously attacking someone if they are not interested in the battle. Players
who constantly violate this rule will be punished accordingly. Items that are
lost as a result of PvP combat will not be restored or
refunded.
[4.0] Impersonation
The term impersonation is an implication of the act of mimicking another player,
GMs (Game Masters) or administrators. This course of action often leads to
misunderstanding, fraud or other illegal operations. If at any time a player is
identified as a participant of the above act, he/she will be punished according
to the degree of imitation as well as the consequence of the act. Be very
cautious concerning your behavior within the game
environment as some acts may result with a severe penalty regardless of any
status.
[5.0] Harassment
Harassment is often an issue at any situation, which causes insecurity, lack of
interest in the game environment and during some situations may pose a threat.
Harassment may include calling inappropriate names, producing offensive or
negative remarks which may be directed to a single player or a group of players,
passing rumors or any message in the chat window that
is considered offensive in accordance with the "Game Policy".
Thus, harassment of any kind regardless of the degree of harassment is not
tolerated under any circumstances. These matters are compiled into a serious
consideration since the security and the interest of other players are highly
important to the nature of our business. Treat each and every player the way you
would like to be treated.
[6.0] Scam
The term scam applies to gaining any kind of advantage,
item, property or information through the use of deception. Therefore, it is a
number one concern regarding our players and all necessary actions will be taken
to prevent violation of any sort which may lead to scams. Never give out your
personal account information.
[6.1] In Game Scams
These include scams which occur within the vicinity of the
game environment by misleading a player. They include the following:
impersonating a guild member, party member, friend or any other team member to
exchange valuable item(s), advantage or information. GMs (Game Masters) will
never request a player for their password or other personal information in the
game environment. Therefore, do not ever provide any information (or an in-game
item) to anyone including, but not limited to, your family members and friends.
Please keep your account information secure. We do not take any responsibility
for any player's loss.
[6.2] Other Scams
Other scams are relating to external accounts. Any player who utilizes outside
means of achieving information, items or property (including user accounts) will
fall under this category of scams. These scams may include: using fraud emails
to obtain passwords or other account information, selling or buying of user
accounts and using real life transactions to buy an in-game item or information
or advantage. We do not take any responsibility for any player¡¯s loss due to a
real life transaction that is executed between two or more players.
[6.3] Item Mall Scams
Z8Games does not authorize any trading of Item Mall equipment for gold, items,
or any other in-game benefit. The Item Mall is only for a player's personal use
or for use as free gifts for other players. We do not take any responsibility
for a player's loss due to a transaction that is executed between two or more
players involving Item Mall equipment. Equipment, gold, and/or Item Mall
benefits will not be recovered or restored. Players who are found to be
utilizing the Item Mall for scams will have their accounts suspended and/or
permanently banned. Players who are involved in charge-backs and/or other
fraudulent activities related to our Item Mall, PayPal, or a Credit Card will be
reported to the legal authorities and their accounts will be permanently banned.
Players who receive Item Mall gifts related to these fraudulent activities will
also have their accounts suspended and/or permanently banned. Players are
required to report any Item Mall gifts they receive from suspicious senders.
Failure to report these Item Mall gifts will result in a permanent ban when the
sender is involved in a chargeback or another fraudulent activity.
[6.4] Tips to Avoid Scams
[1] Do not give out any personal or account information to anyone in the game or
outside of the game via email or through any medium.
[2] Always keep your account information safe and secure.
[3] Always, report any suspicious players who seem to conduct these activities
to avoid future scams.
[7.0] Cheating/Hacking
Cheating and hacking are two critical problems which are encountered during
numerous online gaming activities to gain advantage. The internet is a huge
resource possessing variety of tools to successfully hack or cheat a game
server. We do not tolerate any kind of cheating or hacking which is concluded by
our assessment of a player's results. The hacker's information including the
current IP Address will be recorded for future reference and investigation.
These activities are illegal in accordance with "Z8Games Terms of Agreement" and
necessary corrective actions will be taken. For instance, permanently ban of
this player will be finalized without any means for appeal. It is extremely
important to follow all the rules of conduct during your game play and when
using the website or the forum.
All rules and regulations that govern the entire game policy are set by Z8Games
and must be followed without any violation. Z8Games reserves the right to change
or add other rules should the need arise. Moreover, Z8Games also reserves the
right to alter or permanently ban any player's account with or without any
notice at any time for any reason should the need arise. In addition, Z8Games
reserves the right to record all necessary information while keeping an active
log if fraud or any illegal activities are detected from any player at any time.
Each player, by engaging his/her self in the game play agree to follow all the
above rules which are set forth.
[8.0] Lost Items
We are not responsible for items lost due to being hacked, trade scams, account
sharing, or for any other reasons that are beyond the control of Z8Games.
However, if you do have screenshots with conclusive evidence that you have been
wronged, depending on the situation, we may be able to return none/some/all of
your items. Also, if you do lose an item due to an error on our part and you
report the incident within 72 hours of occurring, we will return the item after
a period of investigation.
[9.0] Charges and Fees
Some Z8Games products and services are subject to fees. The following outlines customer transaction and usage rights as it pertains to Z8Games products and services that are sold via the Z8Games website and its affiliate and/or game-related websites.
[9.1] Virtual Currency
Some or all games under Z8Games may offer the ability to use and/or obtain virtual currency to purchase/license items and/or services. This virtual currency can only be used in their intended games and may not be used in any game not designated by the game’s developer or publisher. You may be required to pay real currency in order to obtain certain types of virtual currency or other online currency. Z8Games reserves the right at its sole discretion to change or alter the value of virtual currency or other online currency you purchase for any given amount at any time. All changes to these values will not require any prior notice but will be reflected in the new values at the time of purchase. No refunds will be given at any time for incorrect buyer perception of the values given. Your purchase of virtual currency or other online currency is final and shall under no circumstances be refundable, exchangeable or transferable including, without limitation, upon termination, suspension, and/or ban of your Z8Games account for any reason, termination of this agreement, and/or the discontinuation of the services. We have no obligation or responsibility to and will not reimburse you for any virtual in-game items lost due to your violation of these Terms of Service.
[9.2] Chargebacks
Accounts that have incurred chargebacks will receive a penalty fee of $10 USD per chargeback received. Reversal of account closure can be made through full payment of original purchase order, including the penalty fee, in the form of a money order; unless stated otherwise by the staff of Z8Games. All payments should be in US dollars and must be accessible in Canada.
All payments are to be mailed to the Z8Games head office, and must include a detailed description of all the accounts related the charge. Please note all chargeback accounts will remain closed until we receive your payments.
G4Box Inc.
885 Don Mills Road
Suite 202
Toronto, Canada
M3C 1V9
If you require further information, please contact Customer Support.
[9.3] Fees Charged by Third-Party Sites
Including survey sites/providers such as BMG Survey, SuperRewards Survey, etc.
Z8Games may, at times, provide links to other third-party website or services. Some of these websites and/or third-party vendors may provide content, goods and/or services, or methods of obtaining virtual currency/items for our games and/or may charge separate fees, which are not included in any fees that you may pay to Z8Games. Z8games has no control over any of their pricing structures or methods of payment including but not limited to SMS payments or the divulging of private information that some of these sites may require. Z8Games is not affiliated with these sites and has no access to account information of their users and does not recommend the divulging of private information. Users should take all precautions they deem necessary to protect their privacy when using these third-party sites. Any separate charges or obligations you incur in your dealings with these third parties are your responsibility. Z8Games makes no guarantees, representation, or warranty regarding any content, goods and/or services provided by any third-party.
[9.4] Payment Options
PayPal
If you do not have a PayPal account, you may set up a free account at www.paypal.com. Z8Games is not affiliated with PayPal and has no access to account information of PayPal users.
PayByCash
PayByCash enables you to pay for purchases without a credit card. Z8Games is not affiliated with PayByCash and has no access to account information of PayByCash users.
ClickandBuy
ClickandBuy enables you to pay for purchases by credit/debit card, direct debit, online bank transfer and cash funding. Z8Games is not affiliated with ClickandBuy and has no access to account information of ClickandBuy users.
BuddieShops
BuddieShops enables you to pay for purchases using PayPal, MoneyBookers, Google Checkout and Paysafecard. Z8Games is not affiliated with BuddieShops and has no access to account information of BuddieShops users.
Prepaid Cards
Prepaid Cards enable you to pay for purchases by buying these cards from store fronts and online stores or other methods.
Redeem Code
Certain payment methods may provide you with a Redeem Code that enables you to pay for purchases using various methods depending on the supported site.