Support

Create your Z8Games Account

User ID

You will be using your Login ID to log in to the Z8Games website.

Password

A password must be 8 - 16 characters in length.

Passwords are case-sensitive.

Confirm Password

Email Address

You will need to have access to your email to make changes to your account.

You will need to have access to your email to receive customer support from Z8Games.

The email address must be in the format ”abc@def.com”.

Forum Name

Please choose carefully. Once chosen, your forum name cannot be changed.

Your forum name will be visible to other users when using Z8Games services.

We will always use your forum name to address you.

Secret Question

You will be asked to provide this information to prove your ownership of the account.

Secret Answer

You will be asked to provide this information to prove your ownership of the account.

Date of Birth

Month

Day

Year

Date of Birth

You will be asked to provide this information to prove your ownership of the account.

User Agreeements

I agree to the Terms of Use and I have read
the Privacy Policy

Consent Declaration

I would like to receive newsletters from Smilegate West by email.

Create CrossFire Character

In Game Name

Please choose carefully. Once chosen, your IGN cannot be changed.

Your IGN will be visible to other users when playing the game.

- IGN must be between 3 and 12 characters
- Allowed characters are English letters (a-z),
numbers (0-9), and only the following symbols
_-*[]

Please fill out the required field(s)

Consent Declaration

Dear User,
We rely on your consent to process your personal data for marketing and advertisement purposes. The personal data we will use for such is limited to your email address. We will use this data to provide you with marketing and advertising information regarding:

New products and programs developed or distributed by Smilegate West; and
Updates or specific offers relating to existing Smilegate West products and programs.

By ticking the consent box below, you are consenting to the processing of your personal data by Smilegate West for the marketing and advertising purposes described above.
You may withdraw your consent at any time by clicking the "Unsubscribe" button in the “Newsletter” section of your “My Account” page, or by simply deleting your account. Alternatively, you can click on the "unsubscribe" link at the bottom of any marketing communication that we send to you.
For more details regarding the processing of your personal data in general by Smilegate West, please see our Privacy Policy, available here: https://www.z8games.com/privacypolicy.html.

Should you choose not to consent to the processing of your personal data by us for the marketing purposes described above, you may be missing out on useful information regarding our products and programs, such as special offers and new products. If you decide later that you want to receive marketing emails from us, you may give your consent at any time by clicking the “Subscribe” button in the “Newsletter” section of your “My Account” page.

Smilegate West, Inc. Terms of Use

Updated 26 April 2023

The terms of this agreement ("Terms") govern the relationship between you (as defined below) and Smilegate West, Inc. (the "SGW" or "we") regarding your use of any game (including mobile games, and each, a "Game") and related services provided or serviced by SGW (collectively, the "Service") including SGW and z8games branded websites (such as the website located at www.z8games.com, the "Z8Games Portal"). SGW includes its "Affiliates," which shall mean subsidiaries, parent companies, joint ventures and other corporate entities under common ownership.

"You", "user", or "player" means the person who uses the Game and/or the Service. To use the Game and/or the Service, you are required to accept and comply with these Terms.

By (1) clicking "I Agree", "I Consent", or its equivalent at the time of your registration for an Account (defined below), and/or (2) using of any aspect of the Service, you accept these Terms, as well as the following:

Privacy Policy, a copy of which is available at: www.z8games.com/privacypolicy.html (the "Privacy Policy"); and
Any game specific terms or policies that SGW may establish, adopt, or amend from time to time (collectively and as applicable, the "Game-specific Terms"), including any game specific End User License Agreement (the "EULA") governing your use of the applicable Game client software that you download and install onto your computer.

You further specifically acknowledge and agree that your use of the Game "CrossFire" is also subject to our CrossFire Game Policy, a copy of which is available at: CrossFire Game Policy. The CrossFire Game Policy constitutes the Game-specific Terms for the CrossFire Game.

If any of these Terms conflicts with terms contained in any other policies, such as the Privacy Policy or any Game-specific Terms, the terms in the other policies shall govern with respect to the specific subject contemplated therein, unless such policies specifically stipulate therein that these Terms prevail over such policies.

For the avoidance of doubt, you specifically acknowledge and agree that, SGW may establish, adopt, amend, repeal, or terminate all or part of these Terms, the Privacy Policy, EULA, the Game-specific Terms, and any other terms and policies related to a Game, the Service, or the Z8Games Portal, all of which are specifically incorporated into these Terms by reference.

If at any point for any reason you do not agree to any of these Terms, the Privacy Policy, the Game-specific Terms, or any other terms and policies established by SGW, you must immediately notify SGW and your license to use the Service and the applicable Game shall immediately terminate.

You must provide all equipment and software necessary to connect to the Service, which may include a mobile device. You are responsible for all internet fees, data fees, or mobile fees that you incur while accessing the Service.

Changes to Terms
1. SGW reserves the right, at our discretion, to change, modify, add or remove portions of these Terms, the Privacy Policy, and any Game-specific Terms at any time as the Service and applicable law evolves ("New Terms"). SGW will notify you of the New Terms by posting the New Terms at the location where the original Terms, Privacy Policy, and the Game-specific Terms were posted, as applicable, and may also provide other notice by email, postal mail, in-game pop-up screen, or in-game notice. Your continued use of the Service will signify that you have reviewed and accepted the New Terms. The New Terms will become effective 30 days after being posted at the location where the original Terms, Privacy Policy, and the Game-specific Terms were posted, as applicable. If you do not accept the New Terms, or if you cannot comply with the New Terms for any reason, you must not access the Service.
2. Unless otherwise set forth in these Terms, to the extent these Terms conflict with any other terms, policy, rules or codes of conduct of SGW, these Terms shall govern.
Violation of Terms
1. WITHOUT LIMITING OUR OTHER REMEDIES, WE MAY LIMIT, SUSPEND, DEACTIVATE OR TERMINATE USER ACCOUNTS, PROHIBIT ACCESS TO THE SERVICE AND THEIR CONTENT, SERVICES AND TOOLS, DELAY OR REMOVE HOSTED CONTENT, AND TAKE TECHNICAL AND LEGAL STEPS TO PREVENT USERS FROM ACCESSING THE SERVICE IF WE BELIEVE THAT THEY ARE CREATING RISK OR POSSIBLE LEGAL LIABILITIES, INFRINGING THE INTELLECTUAL PROPERTY RIGHTS OF THIRD PARTIES, OR ACTING INCONSISTENTLY WITH THE LETTER OR SPIRIT OF OUR TERMS OR POLICIES, WITH OR WITHOUT NOTICE TO YOU. YOU CAN LOSE YOUR USERNAME AND CHARACTER AS A RESULT OF ACCOUNT SUSPENSION, DEACTIVATION, OR TERMINATION, AS WELL AS ANY BENEFITS, PRIVILEGES, ITEMS AND PURCHASED ITEMS ASSOCIATED WITH YOUR USE OF THE SERVICE, AND SGW IS UNDER NO OBLIGATION TO COMPENSATE YOU FOR ANY SUCH LOSSES OR RESULTS.
2. SGW reserves the right to stop offering and/or supporting the Service or any part thereof at any time either permanently or temporarily, at which point your license to use the Service or a part thereof will be automatically terminated or suspended. In such event, SGW shall not be required to provide refunds, benefits or other compensation to you in connection with such discontinued elements of the Service.
Grant of a Limited License
1. Subject to your agreement and continuing compliance with these Terms, SGW grants you a non-exclusive, non-transferable, and revocable limited license to access and use the Service solely for your own non-commercial entertainment purposes. You agree not to use the Service for any other purpose.
2. You understand that while at times you may "earn," "buy," or "purchase" (a) virtual currency for use in the Service; or (b) virtual in-game items (together with virtual currency, "Virtual Items"), you do not own the Virtual Items and the amounts of any Virtual Item do not refer to any credit balance of real currency or its equivalent. Rather, you are purchasing a limited license to use the Service, including software programs that occasionally manifest themselves as these items. Any "virtual currency" balance shown in your Account does not constitute a real-world balance or reflect any stored value, but instead constitutes a measurement of the extent of your license.
  
  Virtual Items are not transferable to another person or Account (unless otherwise explicitly permitted by SGW), has no cash value and is not redeemable for any sum of money or monetary value from SGW at any time. Virtual Items do not constitute a personal property right.
  
  We reserve the right to reduce, liquidate, deactivate, suspend or terminate your Virtual Items or access thereto if we suspect, after investigation, that you have misused Virtual Items or have otherwise used them to conduct any fraudulent or illegal activity.
Software, Game Client, anti-cheating
1. The Service and any software that is made available to download from the Service, including Game client software installed on your computer ("Software") is the copyrighted work of SGW, our licensors, and/or other suppliers. Use of the Software is governed by the terms of the applicable EULA, if any, which accompanies or is included with the Software. End users shall not install or use any Software that is accompanied by or includes a EULA unless the end user first agrees to the EULA terms. Software, including, without limitation, all HTML code contained on the Service, is owned by SGW, our licensors, and/or other suppliers and is protected by copyright laws and international treaty provisions. Any reproduction or redistribution of the Software or Service is expressly prohibited by law, and may result in severe civil and criminal penalties. Violators will be prosecuted to the maximum extent possible.
2. We strongly condemn any cheating, hacking, or other fraudulent activities that undermine our games and our user communities. We take such actions very seriously and take all necessary measures to prevent and stop them in order to maintain a safe and healthy environment for our users. We use an anti-cheat software to monitor and prevent cheating, hacking, and other fraudulent activities. This anti-cheat software is installed together with the Game, specifically including the "CrossFire" Game, on your device.
  
  When you connect to our Game online, the anti-cheat software monitors and checks the course of execution of the Game Software, the gameplay, the Game files, file storages, and the working memory of your hardware (when operating) for the purposes of detecting and analyzing any cheating, hacking, or other fraudulent activities, including the use of any Unauthorized Executable Code.
  
  "Unauthorized Executable Code" in this context mean third-party programs or files (such as "add-ons", "mods", "hacks", "trainers", "malicious driver", "suspicious memory" or "cheats") which enable the user to hack into the Game, interfere with or modify the Game or the gameplay, or otherwise affect the gameplay in any way, in a manner not intended or expressly authorized by us. The anti-cheat software will be automatically terminated when you exit the Game.
  
  We may collect, analyze, and store such relevant data and information for our investigation, enforcement, and defense purposes, such as certain data related to your device and the suspected Unauthorized Executable Code. We reserve the right to terminate your license and your account if we determine that you have been cheating, hacking, or involving yourself in other fraudulent activities that undermine our games and our user communities.
3. WITHOUT LIMITING THE FOREGOING, COPYING OR REPRODUCTION OF THE SOFTWARE TO ANY OTHER SERVER OR LOCATION FOR FURTHER REPRODUCTION OR REDISTRIBUTION IS EXPRESSLY PROHIBITED. THE SOFTWARE MAY BE SUBJECT TO OTHER LIMITATIONS, DISCLAIMERS OR WARRANTIES SET FORTH IN THE APPLICABLE EULA ENTERED INTO BY YOU IN CONNECTION WITH YOUR USE OF THE SOFTWARE. IN THE EVENT OF ANY CONFLICT BETWEEN THE TERMS OF SUCH EULA AND THIS AGREEMENT, THE EULA SHALL CONTROL WITH RESPECT TO THE SOFTWARE ONLY. THE SOFTWARE IS WARRANTED, IF AT ALL, ONLY ACCORDING TO THE TERMS OF THE APPLICABLE EULA. EXCEPT AS MAY BE WARRANTED IN THE EULA, AND SUBJECT TO SECTION 15.4 BELOW, SGW AND SGW'S THIRD PARTY PROVIDERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THE SOFTWARE, INCLUDING ALL IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.
Your Account
1. You may be required to register and create a personal account on the Service ("Account") to access and use the Service. You may also be required to have an account with a social networking service ("SNS") through which you connect to the Service, or have an account with the applications provider for your mobile device. If you access the Service from an SNS you shall comply with its terms of service/use as well as these Terms.
2. Notwithstanding anything herein to the contrary, you acknowledge and agree that you shall have no ownership or other property interest in the Account, and you further acknowledge and agree that all rights in and to the Account are and shall be owned solely and exclusively by SGW. The use of any information that you provide to us in connection with registering for an Account is subject to our Privacy Policy.
3. You agree to (i) provide us with current, complete and accurate information as prompted by the applicable registration form, and (ii) maintain and promptly update the registration data to keep it true, complete, accurate and correct. If you provide any information that is untrue, inaccurate, not current or incomplete, SGW has the right to suspend or deactivate your Account and refuse you from any and all current and future use of the Service (or any portion thereof).
4. If you elect to make a purchase within the Service, you represent and warrant that all registration information that you submit is true and accurate (including, without limitation, your billing information such as credit card number and expiration date) and you agree to pay all fees corresponding to such Service, plus all applicable taxes.
5. When registering for an Account, you may be asked to choose a password and a username. You must not use a username that is used by someone else, is vulgar or otherwise offensive (as determined by SGW in its sole discretion), infringes any trademark or other rights of others, or is used in any way that violates these Terms. You are entirely responsible for maintaining the confidentiality and security of your Account information (including user/account names and passwords and billing information).
6. You are solely responsible for any and all activities, charges and fees that occur under your Account. You agree to properly exit from your Account at the end of each session. You agree to notify SGW immediately of any unauthorized use of your Account or any other breach of security (and to provide properly documented evidence as reasonably requested by SGW).
7. SGW will not be liable for any loss or damage that you may suffer as a result of someone else using your Account, either with or without your knowledge. You will be liable for any and all losses incurred by SGW and/or any of its licensors due to someone else using your Account. You may not use anyone else's Account at any time. Your Account is personal to you and you may not transfer or make your Account available to others. Any distribution by you of your Account or related information may result in suspension or deactivation of your Account without refund or compensation to you, and the imposition of additional charges to your Account based on any unauthorized use.
8. Only "natural persons," as opposed to any kinds of legal entities (e.g., corporations, limited liability companies, and/or partnerships), shall have the right to create an Account.
9. If you are under the age of 16, you are prohibited from using the Service or creating an Account.
Your Responsibilities
You agree that you may not access or use the Service to:
1. Conduct surveys, contests, or pyramid schemes or to send chain letters, junk email or any other form of solicitation;
2. Distribute spam or any duplicative or unsolicited messages (commercial or otherwise);
3. Defame, abuse, harass, stalk, threaten or otherwise violate the rights (including, without limitation, rights of privacy and publicity) of others;
4. Publish, post, upload, transmit, distribute or disseminate any information, data, text, software, music, sound, photographs, graphics, images, video, messages, tags or other material (collectively, "Content") that is harmful, abusive, vulgar, sexually explicit, defamatory, libelous, obscene, embarrassing, unwanted, invasive of another's right of privacy or publicity, racially or ethnically hateful or, in a reasonable person's view, otherwise offensive or objectionable;
5. Use, upload, transmit, distribute or otherwise make available any Content, in any manner that infringes or misappropriates any copyright, trademark, patent, trade secret, or other right of any party;
6. Upload 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 or in any way alters the Software or its application;
7. Advertise or offer to sell or buy any goods or services for any purpose, unless the Service or SGW expressly permits such messages;
8. Falsify, delete or disable any copyright management information, such as author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of Software or other Content;
9. Restrict or inhibit any other user of the Service from using and enjoying the Service by, for example, disrupting the flow of chat in chat rooms with vulgar language, hitting the return key repeatedly, so the screen goes by too fast to read, using excessive SHOUTING (all caps) in an attempt to disturb other users, "spamming," or flooding (continuous posting of repetitive text);
10. Violate any license agreements (including, without limitation, any end user license, code of conduct or other terms of use/service or guidelines) which may be applicable to the Service or Software;
11. Attempt to harvest (in an automated manner or otherwise) or collect any information about others, including e-mail addresses, or use such information to send unsolicited emails;
12. Violate any applicable laws or regulations, or promote or encourage any illegal activity including, without limitation, hacking, cracking or distribution of counterfeit software, or using or distributing cheats or hacks for the Service or the Software;
13. Impersonate or create a false identity (such as a celebrity or a Company representative) or otherwise misrepresent your affiliation with a person or any entity;
14. Use, download or otherwise copy, or provide (whether or not for a fee) to a person or entity any directory of users of the Service;
15. Attempt to get a password, other Account information, or other private information from a user of the Service;
16. Improperly use in-game support to make false reports to SGW's administrators and representatives;
17. Use, develop or distribute "auto" software programs, "macro" software programs or other "cheat utility" software program or applications in violation of any software license agreement;
18. Use the Service to resell or make any commercial use of the Service, or otherwise use the same for any commercial purpose or for the benefit of any third party, without the prior written consent of SGW; or
19. Use the Service for fraudulent transactions including, without limitation, fraudulent in-game virtual transactions;
20. Attempt to hack the Service, or to defeat or overcome any encryption technology or security measures implemented by SGW with respect to the Service and/or data transmitted, processed or stored by SGW; or
21. Interfere with or disrupt the Service or any servers or networks connected to or operated with the Service, or disobey any requirements, procedures, policies or regulations of networks connected to or operated with the Service; or
22. Disrupt or assist in the disruption of (i) any computer used to support the Service; or (ii) any other player's Service experience. ANY ATTEMPT BY YOU TO DISRUPT THE SERVICE OR UNDERMINE THE LEGITIMATE OPERATION OF THE SERVICE IS A VIOLATION OF THESE TERMS, AND MAY BE A VIOLATION OF CRIMINAL AND CIVIL LAWS.
CrossFire Game Policy
All CrossFire related actions, including but not limited to character naming, accounts, in-game behavior, items purchase and refund, chargebacks, banning and unbanning, items addition and removal, responsibility for in-game actions, hacking, and scamming, are governed by CrossFire Game policy . By accepting these terms, you also agree to follow and abide by CrossFire Game Policy.
Community Forums
1. SGW provides community forums ("Forums") for use by users of the Service allowing users to help each other in a constructive and positive atmosphere.
  
  If SGW believes, in its sole discretion, that you have failed to fully comply with the Code of Conduct (as described below), you may be denied access to the Forums and/or your Account may be to suspended or deactivated with or without notice and without any right for you to review or appeal. SGW and/or its moderators shall have the right, in its sole discretion with or without notice and without any right for you to appeal, to (i) modify or terminate your participation in any or all of the Forums, (ii) edit or delete any and all content that you submit in a Forum and (iii) limit or revoke your access to any or all of the Forums.
2. Community Forums Code of Conduct
  1. Be Helpful, Friendly and Supportive. Do not engage in name-calling, post anything containing obscenity, vulgarity, or profanity. Do not post harassing, threatening, abusive, lewd, inflammatory, or any messages that disparages any religion, race, nation, gender, or sexual orientation.
  2. Stay on Topic. Refrain from discussing personal matters, abusing any company or product, or, in general, from posting in a manner unrelated to the direct purposes of the Forums.
  3. Be Careful. SGW does not approve, and you, not SGW , are responsible for using any information you receive from another participant of the Forums. If any user asks you for personal information, such your phone number, mailing address, email address, password or credit card number, do not provide it. In addition, do not post any personal information in the Forums.
  4. No Promotion of Other Activities. Do not use the Forums to promote or advertise third party services, products, websites or organizations.
  5. Be Law-abiding. Do not post anything in the Forums that is unlawful, libelous, defamatory, or that infringes upon any intellectual property rights of others, including the privacy rights of the other users. Do not conduct any activity that may be illegal, or harmful in any way, such as hacking, flooding scripts viruses or Trojan horses. Do not post URLs to web sites or servers that contain unlawful software/hardware distribution. Do not post any content on the boards that would constitute as junk mail, spam, chain letters, or any other form of unauthorized solicitation.
  6. Be Clean. Do not post any profanity, sexually explicit or vulgar language, including any masked or code message that is intended to be interpreted as such. This restriction includes the posting of any imagery or links to imagery on other sites that are profane, sexually explicit or vulgar.
Company Duty to Monitor
You agree that SGW is not liable for Content provided by other users. SGW has no duty to pre-screen user generated Content, but SGW has the right to refuse to post or to edit any submitted Content. SGW reserves the right to remove Content for any reason, but is not responsible for any failure or delay in removing such material.
Fee-Based Services and Purchases
1. Some aspects of the Service require the payment of fees. If you are required to pay a fee, the specific terms and conditions associated with such Service will be included where those services are offered. You agree to pay all fees, charges and taxes that you incur. Unless otherwise noted, all currency references are in U.S. dollars. SGW may at any time, upon notice if required by applicable laws, change the amount of, or basis for determining, any fee or charge, or, institute new fees or charges. All fees and charges are payable in accordance with payment terms in effect at the time the fee or the charge becomes payable.
2. SGW may, from time to time, modify, amend, or supplement its fees and fee-billing methods, and such changes shall be effective immediately upon posting on the Service.
3. In the Service you may purchase, with "real world" money, a license to use Virtual Items and or other goods or services. You may also obtain a license to use Virtual Items by redeeming SGW game cards or third party virtual currency, such as Facebook Credits.
4. You can license Virtual Items by visiting the purchase page in one of our games or third party mobile application, providing your billing information, confirming the particulars of your purchase and re-affirming your agreement to these Terms.
  
  By ordering a license to use Virtual Items you agree and accept that the Virtual Items ordered will be promptly provided to you following completion of your purchase.
  
  If you have elected to purchase products and/or services, including any Virtual Items, upon your acceptance of these terms and submission of your order, you hereby agree that we have the right to automatically charge your credit card or debit your account for the applicable fees or charges, plus any applicable taxes we are required to collect, and you authorize us to do so. Any prices posted in US Dollar or non-US dollar currencies on the Service do not include any applicable sales tax, unless specifically noted that it is tax-inclusive. You agree to pay all fees and applicable taxes incurred by you or anyone using an Account registered to you.
  
  SGW may revise the pricing for the goods and services it licenses to you through the Service at any time. YOU ACKNOWLEDGE THAT SGW IS NOT REQUIRED TO PROVIDE A REFUND FOR ANY REASON, AND THAT YOU WILL NOT RECEIVE MONEY OR OTHER COMPENSATION FOR UNUSED VIRTUAL ITEMS WHEN AN ACCOUNT IS SUSPENDED OR DEACTIVATED, OR IF YOU ARE DENIED ACCESS TO THE SERVICE, WHETHER SUCH SUSPENSION, DEACTIVATION, OR DENIAL WAS VOLUNTARY OR INVOLUNTARY.
  
  If you reside in the European Union and you purchase a product or service from SGW, you may have the right to withdraw from a purchase within seven (7) calendar days, commencing on the day after the date of purchase (the "Cooling Off Period"). However, you lose your right of withdrawal if the performance of the services begins before the end of the Cooling Off Period. Accordingly, please note that if you purchase a license to use Virtual Items from SGW, your right of withdrawal is lost as the performance of our services begins promptly once your purchase is completed. To withdraw from your purchase within the Cooling Off Period, submit your requests on the online support page located at z8games branded websites and attach a copy of your purchase confirmation email. If you withdraw from your purchase within the Cooling Off Period, we will refund the price as soon as reasonably practicable, and in any event within 30 days after the date that you exercise your right of withdrawal.
Virtual Items Generally
You agree that SGW retains the unfettered right to modify any and all aspects of the Service and Virtual Items. You acknowledge that SGW has been, is, and will be constantly making changes to the Service. You further acknowledge that SGW can and will, in its discretion, modify features, functions or abilities of any element of the Service or any Virtual Items (which may, among other things, make the Virtual Items substantially more valuable, effective or functional, or less valuable, effective or functional, more common or less common, or eliminated entirely).

YOU PROMISE, THEREFORE, THAT YOU WILL NEVER ASSERT OR BRING ANY CLAIM OR SUIT AGAINST SGW, ITS LICENSOR(S) OR THIRD PARTY PROVIDERS, OR ANY EMPLOYEES OF ANY OF THE ABOVE, WHICH IS RELATED TO OR BASED ON (I) A CLAIM FOR THE "VALUE" OF VIRTUAL ITEMS IF SGW DELETES THEM (AND/OR SUSPENDS, DEACTIVATES, OR TERMINATES YOUR ACCOUNT(S)), (II) A CLAIM FOR THE "VALUE" OF VIRTUAL ITEMS THAT YOU MAY LOSE IF SGW DOES ANYTHING THAT IT IS ENTITLED TO DO PURSUANT TO ANY PROVISION OF THESE TERMS, RULES OF CONDUCT, TERMS OF SERVICE, PRIVACY POLICY, ANY GAME-SPECIFIC TERMS (INCLUDING EULA, OR CROSSFIRE GAME POLICY), OR FOR ANY MALFUNCTIONS AND/OR BUGS IN THE SERVICE AND/OR (III) A CLAIM THAT THE "VALUE" OF ANY VIRTUAL ITEMS HAS INCREASED OR DECREASED BY VIRTUE OF ANY MODIFICATION THAT SGW HAS MADE OR WILL MAKE TO THE SERVICE.
TERMINATION
These Terms are effective until terminated. You may terminate these Terms agreement by deleting the Software from your computer and terminating all SGW Accounts registered to you.

You acknowledge and agree that you are not entitled to any refunds, benefits or other compensation for any purchases or pre-payments made prior to any termination of these Terms, or as a result of suspension or deactivation of your Account.
COPYRIGHT NOTICES/COMPLAINTS
1. It is SGW's policy to respond to notices of alleged copyright infringement that comply with the Copyright Act of Canada. SGW reserves the right to terminate without notice any user's access to the Service if that user is determined by SGW, in its sole discretion, to be a "repeat infringer." In addition, SGW accommodates and does not interfere with standard technical measures used by copyright owners to protect their materials.
  
  The Copyright Act of Canada provides recourse to copyright owners who believe that their rights under the Act have been infringed by acts of third parties over the Internet.
  
  If you believe that your copyrighted work has been copied, reproduced, displayed, duplicated, performed, distributed, or otherwise infringed without your authorization and is available on the Service in a way that may constitute copyright infringement, you may provide notice of your claim to SGW's Designated Agent listed below. For your notice to be effective, it must include the following information:
  1. A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
  2. A description of the copyrighted work that you claim has been infringed upon;
  3. A description of where the material that you claim is infringing is located;
  4. Information reasonably sufficient to permit SGW to contact you, such as an address, telephone number, and, if available, an e-mail address at which you may be contacted;
  5. A statement by you that you have a good-faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and
  6. A statement that the information in the notification is accurate and, under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
  SGW's Designated Agent is: Smilegate West, Inc.
  Attn: Copyright Infringement Administrator
  PO Box 10061,
  Toronto, Ontario, CANADA M2N 0B6
  
  Email: info@smilegatewest.com
2. If your Content or other information has been affected by reason of a notification under the Copyright Act of Canada, you may make a counter-notification. You will be liable for damages (including costs and attorneys' fees) if you materially misrepresent that your Content or your activity is not infringing the copyrights of others. When we receive a counter-notification, we may reinstate the material in question.
  
  To file a counter-notification with us, you must provide us with a written communication sent to SGW's Designated Agent identified above that sets forth the following items:
  1. An identification of the URLs or other unique identifying information of material that SGW has removed or to which SGW has disabled access;
  2. Your name, address, telephone number, email address, and a statement that you consent to the jurisdiction of Federal District Court for the judicial district in which your address is located (or Ontario, Canada if your address is outside of Canada), and that you will accept service of process from the person who provided notification under the Copyright Act of Canada or an agent of such person;
  3. A statement, under penalty of perjury, that you have a good faith belief that content at issue was removed or disabled as a result of a mistake or misidentification of the material to be removed or disabled; and
  4. Your physical or electronic signature
DISCLAIMER OF LIABILITY
1. NEITHER SGW, ITS LICENSORS AND THIRD PARTY PROVIDERS, NOR ANY OF THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES OR AGENTS (COLLECTIVELY, THE "SGW PARTIES"), MAKE ANY WARRANTY WHATSOEVER, INCLUDING, WITHOUT LIMITATION, THAT THE SERVICE WILL BE UNINTERRUPTED OR ERROR FREE; NOR DO THEY MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM USE OF THE SERVICE OR AS TO THE ACCURACY, RELIABILITY, QUALITY OR CONTENT OF ANY INFORMATION, SERVICE OR MERCHANDISE PROVIDED ON OR THROUGH THE SERVICE, INCLUDING, WITHOUT LIMITATION, ALL SGW COMMUNICATION FEATURES.
2. TO THE EXTENT PERMITTED BY APPLICABLE LAW, THE SERVICE AND ALL INFORMATION, CONTENT AND SERVICES CONTAINED THEREON ARE PROVIDED ON AN "AS IS" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. THE SGW PARTIES EXPRESSLY DISCLAIM ANY AND ALL WARRANTIES OF TITLE OR NON-INFRINGEMENT OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OTHER THAN THOSE WARRANTIES WHICH ARE INCAPABLE OF EXCLUSION, RESTRICTION OR MODIFICATION UNDER THE LAWS APPLICABLE TO THESE TERMS. USE OF THE SERVICE, INCLUDING, WITHOUT LIMITATION, ALL COMMUNICATION FEATURES AVAILABLE THROUGH THE SERVICE, IS AT YOUR SOLE RISK.
LIMITATION OF LIABILITY
1. SUBJECT TO ANY APPLICABLE LAWS WHICH PROHIBIT THE FOLLOWING LIMITATIONS AND EXCLUSIONS, THE DISCLAIMERS AND LIMITATIONS OF LIABILITY CONTAINED IN SECTIONS 14 AND 15 APPLY TO ANY DAMAGES OR INJURY CAUSED BY ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, COMMUNICATION LINE FAILURE, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF THE STATION, WHETHER FOR BREACH OF CONTRACT, TORTIOUS BEHAVIOR, NEGLIGENCE, OR UNDER ANY OTHER CAUSE OF ACTION.
2. IN NO EVENT WILL ANY OF THE SGW PARTIES BE LIABLE FOR: (A) ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR RELATED TO (I) THE USE OF OR INABILITY TO USE THE SERVICE, (II) THE BREACH OF ANY REPRESENTATION OR WARRANTY, (III) THE USE BY YOU OF THE SERVICE OR ANY BROWSER OWNED OR OPERATED BY ANY PARTY AND/OR (IV) THE DOWNLOADING OF ANY SOFTWARE OWNED OR OPERATED BY ANY THIRD PARTY, IN CONNECTION WITH THE SERVICE; OR (B) ANY INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR RELATED TO THE SERVICE, EVEN IF SGW WAS PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
3. IN THE EVENT ANY CLAIM RELATING TO THE PERFORMANCE OR NONPERFORMANCE BY SGW PURSUANT TO THESE TERMS, OR IN ANY OTHER WAY CONCERNING THE SERVICE, IS MADE BY YOU, THE ACTUAL DAMAGES TO WHICH YOU MAY BE ENTITLED SHALL BE LIMITED TO THE FEES, IF ANY, PAID BY YOU FOR USE OF THE SERVICE IN THE 12 MONTH PERIOD PRECEDING YOUR CLAIM.
4. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF STATUTORY OR IMPLIED WARRANTIES, OR THE EXCLUSION OR LIMITATION OF LIABILITY FOR CERTAIN TYPES OF DAMAGES, INCLUDING (AS APPLICABLE IN YOUR JURISDICTION), WARRANTIES OF TITLE, POSSESSION, FITNESS FOR A PARTICULAR PURPOSE, QUALITY, CORRESPONDENCE WITH A DESCRIPTION OR SAMPLE OF THE APPLICABLE GOODS, AND THAT SERVICES WILL BE CARRIED OUT AT A REASONABLE PRICE, USING REASONABLE SKILL AND WITHIN A REASONABLE TIME. IN SUCH JURISDICTIONS THE LIMITATIONS AND EXCLUSIONS SET FORTH IN SECTIONS 15 AND 16 MAY NOT APPLY TO YOU. CONSEQUENTLY, IN SUCH JURISDICTIONS, THE LIABILITY OF THE SGW PARTIES IS LIMITED TO THE EXTENT PERMITTED BY LAW, THEREBY MINIMIZING THE LIABILITY OF SUCH SGW PARTIES TO YOU TO THE LOWEST AMOUNT PERMITTED BY APPLICABLE LAW. THIS LIMITATION IS INDEPENDENT OF ANY OTHER LIMITATION SET FORTH IN THIS AGREEMENT.
5. IF YOU ARE A CALIFORNIA RESIDENT, YOU WAIVE CALIFORNIA CIVIL CODE §1542, WHICH SAYS: A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR.
6. THE SGW PARTIES DO NOT ENDORSE AND ARE NOT RESPONSIBLE FOR THE ACCURACY OR RELIABILITY OF ANY OPINION, ADVICE OR STATEMENT, NOR FOR ANY OFFENSIVE, DEFAMATORY, OBSCENE OR ILLEGAL POSTING OR CONDUCT, ON THE SERVICE, INCLUDING, WITHOUT LIMITATION, ALL SGW COMMUNICATION FEATURES OF THE STATION, BY ANYONE OTHER THAN AUTHORIZED SGW EMPLOYEES WHILE ACTING IN THEIR OFFICIAL CAPACITIES. UNDER NO CIRCUMSTANCES WILL THE SGW PARTIES, BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY YOUR RELIANCE ON INFORMATION OBTAINED ON OR THROUGH THE SERVICE, INCLUDING, WITHOUT LIMITATION, ALL SGW COMMUNICATION FEATURES. IT IS YOUR RESPONSIBILITY TO EVALUATE THE ACCURACY, COMPLETENESS OR USEFULNESS OF ANY INFORMATION, OPINION, ADVICE OR OTHER CONTENT AVAILABLE THROUGH THE SERVICE, INCLUDING, WITHOUT LIMITATION, ALL SGW COMMUNICATION FEATURES. PLEASE SEEK THE ADVICE OF PROFESSIONALS, AS APPROPRIATE, REGARDING THE EVALUATION OF ANY SPECIFIC INFORMATION, OPINION, ADVICE OR OTHER CONTENT.
7. THE SGW PARTIES DO NOT ENDORSE, WARRANT OR GUARANTEE ANY PRODUCT OR SERVICE OFFERED BY A THIRD PARTY THROUGH THE SERVICE AND NONE OF THE SGW PARTIES WILL BE A PARTY TO OR IN ANY WAY MONITOR ANY TRANSACTION BETWEEN YOU AND THIRD PARTY PROVIDERS OF PRODUCTS OR SERVICES. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE.
Indemnification
You agree to indemnify, save, and hold SGW, its affiliated companies, contractors, employees, agents and its third-party suppliers, licensors, and partners harmless from any claims, losses, damages, liabilities, including legal fees and expenses, arising out of your use or misuse of the Service, any violation by you of these Terms, or any breach of the representations, warranties, and covenants made by you herein. SGW reserves the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify SGW, and you agree to cooperate with SGW's defense of these claims. SGW will use reasonable efforts to notify you of any such claim, action, or proceeding upon becoming aware of it. You agree that the provisions in this paragraph will survive any termination of your Account or of the Service.
Seizure Warning
A very small percentage of people may have seizures or blackouts when exposed to certain light patterns, flashing lights, or flashing images, including while playing or watching video games, even if they have never had a seizure or blackout in the past. Children and teenagers are more susceptible to seizure than adults.

Symptoms of seizures include: lightheadedness jerking or shaking of the extremities disorientation full convulsions (which can lead to other injuries by causing an individual to fall off of a chair and/or strike objects nearby) confusion altered vision loss of awareness eye or muscle twitching If you experience any of these or similar symptoms while playing a video game, STOP PLAYING AND CONSULT YOUR DOCTOR IMMEDIATELY.

Parents should watch when their children play video games and ensure their children are not experiencing symptoms. If you or anyone in your family has an epileptic condition or history of seizures, consult your physician prior to playing video games because you may have an undiagnosed condition.
Equitable Remedies
You acknowledge that the rights granted and obligations made under these Terms to SGW are of a unique and irreplaceable nature, the loss of which shall irreparably harm SGW and which cannot be replaced by monetary damages alone. Accordingly, SGW shall be entitled to injunctive or other equitable relief (without the obligations of posting any bond or surety or proof of damages) in the event of any breach or anticipatory breach by you.

You irrevocably waive all rights to seek injunctive or other equitable relief, or to enjoin or restrain the operation of the Service or any SGW game, exploitation of any advertising or other materials issued in connection therewith, or exploitation of the Service or any content or other material used or displayed through the Service and agree to limit your claims to monetary damages (but only to the extent permissible under these Terms).
Disputes
1. These Terms and the relationship between you and SGW shall be governed by the laws of the province of Ontario and Canada without regard to its conflict of law provisions. You and SGW agree to submit to the personal and exclusive jurisdiction of the courts located within the province of Ontario, Canada.
2. The UN Convention on Contracts for the International Sale of Goods is expressly disclaimed.
3. For any claim (excluding claims for injunctive or other equitable relief) where the total amount of the award sought is less than CDN $10,000, the party requesting relief shall resolve the dispute in a cost effective manner through binding non-appearance-based arbitration. The party requesting relief shall initiate such arbitration through an established alternative dispute resolution ("ADR") provider mutually agreed upon by the parties. The ADR provider and the parties must comply with the following rules: (a) the arbitration shall be conducted by telephone, online and/or be solely based on written submissions, and the specific manner shall be chosen by the party initiating the arbitration; (b) all aspects of the arbitration shall be conducted in the English language; (c) the arbitration shall not involve any personal appearance by the parties or witnesses unless otherwise mutually agreed by the parties; and (d) any judgment on the award rendered by the arbitrator shall be final and may be entered in any court of competent jurisdiction.
4. For any claim where the total amount of the award sought is more than CDN $10,000, the party requesting relief shall commence a claim in the appropriate court within Ontario, Canada. You and SGW agree to submit to the personal and exclusive jurisdiction of the courts located within the province of Ontario, Canada.
5. All claims you bring against SGW must be resolved in accordance with this Section. All claims filed or brought contrary to this Section shall be considered improperly filed. Should you file a claim contrary to this Section, SGW shall be entitled to recover attorneys' fees and costs up to $2,000, provided that SGW has notified you in writing of the improperly filed claim, and you have failed to promptly withdraw the claim.
Severability
You and SGW agree that if any portion of these Terms, any Game-specific Terms (such as EULA, or CrossFire Game Policy), Privacy Policy, or any other terms and policies is found illegal or unenforceable, in whole or in part by any court of competent jurisdiction, such provision shall, as to such jurisdiction, be ineffective solely to the extent of such determination of invalidity or unenforceability without affecting the validity or enforceability thereof in any other manner or jurisdiction and without affecting the remaining provisions of these Terms, which shall continue to be in full force and effect.
Miscellaneous
SGW's failure to act with respect to a breach by you or others does not waive our right to act with respect to subsequent or similar breaches. You may not assign or transfer this Agreement or your rights hereunder, and any attempt to the contrary is void. This Agreement sets forth the entire understanding and agreement between us and you with respect to the subject matter hereof. No waiver by either party of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default. The section headings used herein are for convenience only and shall not affect the interpretation of this Agreement. SGW shall not be liable for any delay or failure to perform resulting from causes outside the reasonable control of SGW, including without limitation, acts of God, war, terrorism, riots, embargoes, acts of civil or military authorities, fire, floods, accidents, strikes, or shortages of transportation facilities, fuel, energy, labor or materials.
Jurisdictional Issues
1. The Service is controlled and operated by SGW from its offices in Ontario, Canada. Accessing the Service from territories where the Service is illegal is prohibited. Those who choose to access the Service from other locations do so on their own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable. You shall not use the Service if you are located in a country embargoed by the United States or if you are on the U.S. Treasury Department's list of Specially Designated Nationals.
2. Certain specific terms that apply only for users residing in the European Union, are as follows: Section 2.1 is replaced by: SGW RESERVES THE RIGHT TO DEACTIVATE YOUR ACCOUNT OR SUSPEND ACCESS TO THE SERVICE FOR GOOD CAUSE. IN PARTICULAR, IF YOU ARE IN VIOLATION OF THESE TERMS, ANY GAME-SPECIFIC TERMS (SUCH AS EULA AND CROSSFIRE GAME POLICY), PRIVACY POLICY, OR ANY OTHER APPLICABLE TERMS AND POLICIES, OR INFRINGE ANY THIRD PARTY RIGHTS, SGW WILL MAKE A REASONABLE DETERMINATION BASED ON THE FACTS AVAILABLE TO SGW AS TO WHETHER SUCH ACTS, OMISSIONS, OR CIRCUMSTANCES CAN BE CURED BY YOU WITHIN A REASONABLE AMOUNT OF TIME WITHOUT HARM OR LIABILITY TO SGW OR THIRD PARTIES. IF SGW DETERMINES IN GOOD FAITH THAT ANY CURING IS NOT POSSIBLE, OR NOT POSSIBLE WITHIN A REASONABLE PERIOD, OR IF THERE IS A REFUSAL TO CURE, OR IF YOUR BEHAVIOR IS GROSSLY UNACCEPTABLE, OR IMMEDIATE DEACTIVATION OR SUSPENSION IS WARRANTED TO PREVENT HARM OR LIABILITY TO SGW OR THIRD PARTIES, SGW MAY IMMEDIATELY DEACTIVATE OR SUSPEND YOUR ACCOUNT AND YOUR ACCESS TO THE SERVICE AND INFORM YOU THEREOF. OTHERWISE, FOR MINOR INFRACTIONS OF THESE TERMS, SGW WILL PROVIDE YOU WITH A REASONABLE OPPORTUNITY TO CURE SUCH INFRACTIONS. YOU ARE ENTITLED TO TERMINATE THESE TERMS AT ANY TIME BY UNINSTALLING SOFTWARE FROM YOUR COMPUTER AND CEASING FURTHER USE OF THE SERVICE. UNLESS OTHERWISE SET FORTH HEREIN, SGW PROVIDES NO REFUNDS OR COMPENSATION FOR CANCELATIONS.
Notice
1. You must give notice to SGW by electronic mail to info@smilegatewest.com, or by first class mail, postage prepaid, or overnight courier to Smilegate West, Inc., Attn: TOU Administrator, PO Box 10061, Toronto, Ontario, CANADA M2N 0B6. SGW may give notice to you by means of a general notice through the Service, electronic mail to your e-mail address on record in SGW’s account information (if you are a registered member), or by written communication sent by first class mail, postage prepaid, or overnight courier to your address on record in SGW’s account information (if you are a registered member).

CrossFire Game Policy

Responsibility of actions

All actions taken on an account are the responsibility of its owner. This includes but is not limited to, hacking, acting in an excessively negative nature and abusing bugs. Accounts may have action taken against them no matter who was on the account at any given time. If an account was lost due to a scam and subsequently broke the Terms and Conditions, Smilegate West, Inc. ("we" or "SGW") takes no responsibility for the actions performed while the account was lost.
Account
1. Account Responsibility
  
  It is the responsibility of the account holder to ensure that the information used to create the account remains remembered and confidential by the creator of the account. This information may include, but is not limited to; The Login ID information, The Registration Email and the Security Question and Answer. Z8Games takes no responsibility to prove ownership of the account if this information is voluntarily transmitted to other people. Additionally, Z8Games will never ask any user for their Account Password.
  
  SGW takes no responsibility for the inability of the account holder to provide any of the information listed above. SGW may not be able to grant account access to the account if the information is not provided.
  
  It is the responsibility of the account holder to ensure that additional measures are taken for the security of the account. This includes but is not limiting to, running regular virus and malware checks, monitoring appropriate file sharing and watching what websites are being clicked on. Z8Games takes no responsibility for the loss of an account due to a "phishing" website, "key-logging" programs or other malicious software.
  
  SGW takes no responsibility for the loss of items due to scams, hacking, account sharing or other actions beyond Smilegate West and SGW control. It is the player's responsibility to report lost items or situations for investigation no later than 48 hours after the event; however it is not SGW's obligation to return items once the investigation is complete.
2. Account Sharing
  
  Accounts shall not be shared between people. This includes but is not limited to such people as friends, relatives, parents, children, spouses, co-workers, clan members etc. It is the responsibility of the account holder to keep all information about the account secure. SGW takes no responsibility for an account in which more than one person may know the confidential information of. Accounts involved in sharing instances may require information to prove ownership. SGW reserves the right to leave the account in its current state or close an account if information cannot be corroborated.
3. Account Buying/Selling/Trading
  
  SGW does not allow the buying or selling of its property. This includes but is not limited to accounts, items contained within accounts or any other virtual property created within the Game. Accounts may be suspended or closed if investigated or caught participating in selling or the promotion of account selling or any other solicitation involving account or item buying/selling.
4. Account Suspension
  
  SGW may, at any time, issue Warnings, Temporary Suspensions or Permanent Account Closures for any conduct that SGW believes is in violation of this policy or detrimental to the interests of another User or Third Party. In the event an account receives a Warning or Suspension, information will be transmitted to the player via the https://crossfire.z8games.com website operated by SGW (the "Z8Games Portal"). It is the players responsibility to contact SGW regarding any closures or actions taken on an account within 30 days of said action.
5. Account Closure
  
  SGW reserves the right to terminate or close any account, without notice for any reason. In such cases SGW has no liability to you.
6. Suspension and Ban Disputes
  
  Players have 48 hours to contact SGW regarding any ban dispute including but not limited to: Hacking, Harassment, Impersonation and other malicious in-game activities. Contacting SGW regarding a dispute for these reasons does not ensure that the account will be recovered.
7. Account Return and Recovery
  
  In the event that an account becomes compromised, it is the player's responsibility to contact SGW with the most amount of information they can provide. SGW may require additional information to prove account ownership. This information includes but is not limited to: the security question and answer, the original Registered Email, the IP address of the registering computer and Financial Transaction receipts/records. If at such time it is impossible for SGW to prove ownership then the account may be ignored, left in its current status or closed. It is not the responsibility of SGW to return lost accounts to any specific person or player
  
  Additionally SGW staff will only ask for account information as listed above by direct communication and only through our support site.
Conduct & Behavior

It is the responsibility of the user to act accordingly while playing games through the Z8Games Portal. This may include, but is not limited to, the Cross Fire forums operated within the Z8Games Portal. SGW, in its sole discretion, reserves the right to close or remove users who act negatively towards the community and/or other users of its products.
1. Character Naming Conventions
  
  A name references any or all public display of identity within the Z8Games Portal and within games on the Z8Games Portal. Character, clan and forum names may comprise any legal letter, symbol or number combination allowed by the restrictions placed in the game or website environment. Character names may not, in any way, reference negative content including, but not limited to: sexual or racial/ethnic slang, extreme violence, obscene and vulgar slang/language. SGW, reserves the right to judge the content of a character, clan or forum name and determine the best course of action in its sole discretion.
  
  SGW reserves the right to change any character, clan or forum name of any account or player in its games or website in its sole discretion. Reasons for a name change include, but are not limited to: a negative conduct described in this document, harassment of other players, identity theft or account inactivity. No warning will be given when a character, clan or forum name is changed based on these rules.
2. In-Game and Forum Chat/Messages
  
  In-game chat is defined as any action taken in a public or private chat channel within any of the outlets on the Z8Games Portal. This includes, but not limited to: server, channel, game and private chat in the game as well as Z8Games community forum.
  
  SGW, in its sole discretion, reserves the right to take disciplinary action towards any account of users found acting negatively towards other users. Negative actions may include, but are not limited to: racist, derogatory, or discriminatory actions, continual chat harassments, sexual harassments (including harassments based on one's gender identity), and scamming attempts.
  1. Harassment Definition and Clauses
    
    Harassment includes, but is not limited to, stalking, inappropriate name-calling, offensive or negative remarks directed to a single player or group of players, impersonation, and spreading false rumors. All harassment cases may be reported through the appropriate channels to a SGW representative, however, SGW, in its sole judgment, will determine the extent to which a player or account may be punished for harassment.
3. Impersonation
  
  SGW reserves the right to take action against any player or account which, in its sole discretion, were found to have been impersonating other players, administrators, GM (Game Master), or Player Moderators.
4. Cheats, Hacking, and Malicious Software Usage
  
  SGW strongly condemns any cheating, hacking, or other fraudulent activities that undermine our games and our user communities. We take such actions very seriously, and take all necessary measures to prevent and stop them in order to maintain a safe and healthy environment for our users. We use an anti-cheat software to monitor and prevent cheating, hacking, and other fraudulent activities. This anti-cheat software is installed together with the Game, specifically including the "CrossFire" Game, on your device.
  
  When you connect to our Game online, the anti-cheat software monitors and checks the course of execution of the Game Software, the gameplay, the Game files, file storages, and the working memory of your hardware (when operating) for the purposes of detecting and analyzing any cheating, hacking, or other fraudulent activities, including the use of any Unauthorized Executable Code.
  
  "Unauthorized Executable Code" in this context mean third-party programs or files (such as "add-ons", "mods", "hacks", "trainers", "malicious driver", "suspicious memory", or "cheats") which enable the user to hack into the Game, interfere with or modify the Game or the gameplay, or otherwise affect the gameplay in any way, in a manner not intended or expressly authorized by us. The anti-cheat software will be automatically terminated when you exit the Game.
  
  We may collect, analyze, and store such relevant data and information for our investigation, enforcement, and defense purposes, such as certain data related to your device and the suspected Unauthorized Executable Code.
  
  We reserve the right to terminate your license and your account or impose any other sanctions or penalties if we determine that you have been cheating, hacking, or involving yourself in other fraudulent activities that undermine our games and our user communities. We have the sole and absolute right to determine whether you have committed such activities.
5. Gameplay Conduct
  
  SGW, in its sole discretion, will determine the course of action in any case involving the acts of "griefing" (causing other players problems performing standard functions of the game), kill stealing, or any other action that SGW determines, after review, to be a gameplay conduct that needs to be regulated.
  
  If you attempt to exploit a bug in a Game or to affect the Service, SGW may, in its sole discretion, take action against you based upon its assessment of the exploitation, including, but not limited to, whether: (a) you attempted to exploit the bug intentionally, maliciously, and/or on multiple occasions; (b) your actions damage another character, gameplay of other users, Game functionality, any aspect of the Service, and/or any activities of other users of the Service; and (c) whether or not you sought to conceal your attempt to exploit a bug.
6. Reporting Responsibility
  
  It is the responsibility of the account holder to report, to the Support Site available at the Z8Games Portal, any violations of the rules within this agreement. SGW reserves the right to take any level of action based on the reported evidence.
7. Excessive/Repetitive/Abusive Reporting
  
  SGW reserves the right to take action against players or accounts that have excessively and repeatedly reported other players, accounts or rule violations, whether these reports are legitimate or not. These actions may also include, false hack reports, continued harassment of SGW Administrators and Staff, excessive use of profanity and/or abusive language or ignoring instructions of a GM.
Billing & Monetary Policy
1. Virtual Currency
  
  Some or all games under the Z8Games portal 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.
  
  SGW, in its sole discretion, reserves the right 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 SGW account for any reason, termination of this agreement, and/or the discontinuation of the services.
2. Z8Games Points (ZP) Refund Policy
  
  Z8Games Points are the virtual currency used to purchase items in-game ("ZP" or "Z8Games Points"). All payments made to purchase ZP are final and cannot be refunded.
3. Item Purchase and Refund Policy
  
  All Item Purchases are final. SGW takes no responsibility for mistaken actions within its game or website relating to item purchasing. Refunds (of Z8Games Points) will be given for in-game item purchases so long as the purchaser contacts SGW within 48 hours of the purchase. Refunds (of Z8Games Points) will be given for CrossFire items with durations of 30 days or more only if the purchaser contacts SGW within 48 hours of the purchase of the item. Refund of this type will only be given once per account. Any and all website-based purchase shall be eligible for refund solely in the discretion of SGW.
4. CrossFire Black Market Crates Refund Policy
  
  All Black Market Crates sales are final. No refunds or exchanges will be given for the crates themselves and no items won from the crates can be exchanged for other items. Black Market Coupon refunds will be given for accidental exchanges as long as the purchaser contacts SGW within 48 hours of the original coupon exchange. A refund of this type will only be given once per account.
5. CrossFire Same-Item-Type Storage Maximum
  
  An account may own up to a maximum of fourteen (14) items of any individual type from the Black Market and a maximum of fourteen (14) of any individual VIP item. No Compensation will be given if a player wins an item of the same type that exceeds this maximum (more than 14).
6. CrossFire Temporary Items
  
  Temporary Items, or those which have limited time of use, will not have their timers held for account suspensions of any kind. No refund or exchange will be given for an item which runs out of its timer during the period in which an account is suspended.
7. Item Transfer Policy
  
  It is the responsibility of the player to understand that all item sales are for the single account which purchased the item only. Transfer of items is not possible and requests for such actions will be denied.
8. Item Deletion Policy
  
  Because all purchases within Crossfire are final, we do not delete any weapons from accounts based on user requests. If you own a weapon item and the refund policy no longer applies, that weapon will be on your account and we will not process requests to arbitrarily remove it.
9. Chargeback Policy
  
  Accounts that have incurred chargebacks will receive a penalty fee of $15-$25 USD per chargeback transaction (varies by payment method or credit card brand). Reversal of account closure can be made through full payment of original purchase order, including the penalty fee, in the form of a digital prepaid card or e-pin codes, unless otherwise stated by the staff of SGW. All payments should be in US dollars and must be accessible in Canada.
  
  Please note all chargeback accounts will remain closed until we receive your payments.

Smilegate Privacy Policy & Text of the Declarations of Consent
Version: 3.0
Valid as of: 26 April 2023

Why are you reading this?

It is important to us that you always know what information we obtain about you in the scope of the use of the Smilegate services and what this information is used for. In the Privacy Policy below, we therefore aim to keep you fully informed as to the type, extent and purpose of the collection, storage, use and processing of personal data on our events, websites, mobile platforms and online products and/or services, including PC, online and mobile games (hereinafter: "Smilegate Services").

Personal data is all information relating to an identified or an identifiable natural person. A person is identified when the identity of a specific person can be deduced from the information itself. A person is identifiable when we can make a connection to a specific person using additional information available to us.

This Privacy Policy applies to our games and related services (including Z8Games websites). This Privacy Policy does not apply to data which becomes known to us as part of job applications or in any other manner outside the use of the Smilegate Services. This Privacy Policy also does not apply to the websites and services of other providers, to which any of our websites or any of our services might link. We recommend that you read the privacy policy of every other service provider you make use of, in particular before you make your personal data available to them.

We will review this Privacy Policy periodically, and reserve the right to modify and update it at any time. You acknowledge that we may make changes to this Privacy Policy and it is your responsibility to check back to this page from time to time to review the Privacy Policy; provided, however, that if such changes are significant and it is required by applicable laws, we will endeavor to post notice or acquire your consent regarding such significant changes to this Privacy Policy. Changes to this Privacy Policy will come into effect immediately upon such changes being uploaded in the Services or to our Websites.

Who we are

We are the provider of Smilegate Services and the organization accountable for personal data you provide as part of using the Smilegate Services within the meaning of applicable data protection and privacy laws. We are Smilegate West Inc., 5000 Yonge Street, Unit 1701, Toronto, Ontario, Canada M2N 7E9 (hereinafter: "SGW" "Smilegate West" "we" or "us").

You can access this Privacy Policy at any time on our websites.

OVERVIEW

Information on data processing by Smilegate

Basic user data
Usage data
Possible disclosure of your personal data to third parties
Where is the data stored?
How do we protect your personal data?
Use of Smilegate Services by minors
Legal bases for processing your personal information
Your rights
Your California privacy rights and "Do Not Track"
Data Protection Officer and EU Representative

Information on data processing by Smilegate

In the following sections, we describe which of your personal data will be processed while you use Smilegate Services. For a better understanding, we differentiate between your basic user data (data provided by you while registering your account or communicating with us) and usage data (data automatically collected by us while you use our services).

1. Basic user data

a) What basic user data is collected and stored?

The use of some of the Smilegate Services requires you to register a user account (hereinafter: "Smilegate Account"). If you reside outside of designated geographic areas where we provide Smilegate Services, you may be blocked from registering a user account. During the registration process, you will be asked to give us several pieces of information, in particular:

Email address
Username (pseudonym)
Password
Confirmation that you are 16 or older
Date of birth
Forum nickname
Secret question
Secret answer

Forum nickname is required for you to post information on our forum. Secret question and secret answer are used for account ownership verification.

To buy virtual currency for the purchase of services and gadgets in our game, further information will generally have to be provided to the chosen payment service provider in the course of the payment process. This information will be collected and processed solely by the relevant payment service provider (e.g. PayPal, Razer, Paysafecard, PcGameSupply etc.) in accordance with their privacy policy. For a successful transfer of the requested payment, the payment service provider may request from us certain personal data, processed by us, such as your IP address or user ID. Such data will be transferred to the payment service provider only when necessary to process or correct a billing matter, and will not be used for other purposes once the matter is resolved. Please read the privacy policy of the relevant payment service provider before effecting the transaction. We merely receive a transaction confirmation from the payment service provider, which confirms the payment to us and enables us, if necessary (e.g. in the event of a legal dispute), to obtain further payment details in accordance with the privacy policy of the payment service provider, in particular your name and your contact details.

We collect certain information about you when you register for or attend our eSports tournaments, and associated events and services (“eSports Tournaments”). The information we collect will vary depending on the specific eSports Tournament you are registered for. However, the range of personal data we are likely to collect for eSports Tournaments is as follows:

Nickname; In-Game Name; First Name; Last Name; Gender; Nationality; Date of Birth; Cell Phone Number; Email; SNS URL; Messenger ID ; Photo ID ; Passport Information(Number, Expiration Date, Place of issue) ; Information required for visa application.

During your participation in our eSports Tournaments, we will collect certain personal data about you. For example, information relating to your gameplay, in-game activity and progression through the eSports Tournament. If you are fortunate enough to win, we will also ask you for your bank account and payment details so that we can arrange for your prize money to be transferred to you.

We may also collect your name and email address when you contact us through “Contact Us” tab in our homepage (https://smilegatewest.com).

b) For what purposes do we collect, process and use basic user data?

We use the data you provide during registration in order to open an individual Smilegate Account for you to enable you to use the Smilegate Services, to satisfy your requests, to fulfil your orders and to send you confirmation of purchases and other account and use related information. In addition to that, we use the data for statistical purposes in order to improve user friendliness and to promote the service. We also use the information related to your Smilegate Account to tailor the advertisements displayed within our services to your specific interests by assigning you to certain interest groups on the basis of this information. We use information collected for our eSports Tournaments to provide you with related services, such as tournament participation and event attendance. In particular, we use the information you provide to us in relation to your Smilegate Account and/or eSports Tournaments for the following purposes:

to offer customer service and to process user requests;
to keep you informed about games and/or particular game-specific events (e.g. competitions);
for settling fees, facilitating purchase and fee payments, delivery of goods and payment of prizes;
to organise and provide the eSports Tournaments and associated services (e.g. broadcasting and production, tournament and event administration, event ticketing);
to post event photographs/videos via online streaming/broadcasting and on our Websites;
to post eSports Tournament information on our website for general users in “player information” format;
to subscribe you to newsletters, including newsletter advertising, insofar as you have given us your prior express consent;
to analyse the performance of our services, in order to ensure the proper operation of our services and to identify and remedy software errors and security risks as well as to improve our services according to our users' requirements;
to offer adverts and advertising communications which are tailored to your interests;
to offer software updates and dynamic content;
to contact you in connection with the provision of our services;
to enforce our Terms of Use;
to prevent fraud;
to enable you to create a personal profile; and
to enable your (personalised) use of our website and services including enquiries and requests regarding product and customer service, advertising and log-in.

c) How long is basic user data stored?

The data will generally be stored to the Smilegate Account until the account is deleted. Where the use is subject to declarations of consent, it will be stored until receipt of a notification of revocation, but not longer than the existence of your account.

Please note that we may be obligated, on the basis of statutory obligations, in particular provisions relating to tax law and commercial regulations, to archive the relevant personal data even beyond the effective date of your revocation or deletion of your account. The data will be deleted after the relevant statutory time period. Under specific tax laws, we are obligated to store relevant information for up to ten years. For example, this is related to all information from commercial letters, invoices, and ledgers. Occasionally, these may contain your personal data.

Besides those statutory obligations, we are entitled to store your personal data for specific cases. The end of the storing period depends on the purpose for which we still need your personal data. This means we store your personal data for at least the duration of our relationship with you as our customer. However, we are permitted to store personal data for longer where permitted by law, such as to bring, or defend ourselves against, legal claims. This retention period relates to the respective periods set forth by a given statute of limitation. We delete your personal data six months after you delete or revoke your account unless we are otherwise permitted or required to retain that data by law.

2. Usage data

In addition to the information you actively provide to us, we automatically collect a range of data as users use our websites and other Smilegate Services, in particular on the manner and extent of the use of our services, which requires no action on your part.

a) What data is automatically collected?

Data on Websites automatically collected:

Automatically collected data includes data which is not directly related to your person or associated with your identity, such as the IP address allocated to your device at the time of access (in anonymised form), duration of access, the pages displayed and other data automatically conveyed by your PC, e.g. in the form of log files with information, in particular, your operating system, browser information, language settings, your screen resolution and your internet service provider. The data automatically collected on our websites are not used to identify you personally or to contact you.

Data in Game automatically collected:

In the course of use of our Smilegate Services we also collect a range of service related data, e.g. on the functions of a service used by you, game statistics, number of points and achievements attained, user rankings and the time which you spend on our games, IP address (both at login, as well as each match you play), MAC address, information on the hardware you are using. This information will be stored and allocated to your Smilegate Account and used for the statistical evaluation of your use (see b) below). Upon deletion of your account, this information is either deleted or stored in an anonymized fashion.

Anti-cheat and fraud prevention technology:

We strongly condemn any cheating, hacking, or other fraudulent activities that undermine our games and our user communities. We use an anti-cheat software to monitor and prevent cheating. This anti-cheat software is installed together with the game. We may use the anti-cheat software to collect and analyze data from your device to help us detect cheating, hacking, or other fraudulent activities that undermine our games and our user communities. Please also see our Terms of Use and the CrossFire Game Policy.

b) For what purposes do we collect, process and use usage data?

We use your usage data to facilitate your use of our services, to correct technical problems, to ensure the continuous functioning of our products and services and to improve and further develop these according to the needs of our users. We use the automatically collected usage data as described above under a) for the following purposes:

to assess the success of marketing measures, in particular conversion rates for advertisements and newsletters;
to enable you to link our services to your public profiles on social networks or other third party services;
to fulfil your orders and to send you an order confirmation;
to authenticate your software and verify your rights of use;
to detect unauthorized usage, including cheating or any other unauthorized or abnormal activities related to the gameplay
to ascertain your approximate location in order to offer country and language specific services and functions as well as statistical evaluations on the use of our services.
to tailor the advertisements displayed within our services to your specific interests by assigning you to certain interest groups on the basis of this information; and

In addition, your game statistics aid the evaluation of your skill level and the creation of a ranking in relation to other users. Insofar as you participate in tournaments or other online game events, the statistical data generated by your participation (such as, for example, your results, placings and successes) will be visible, under your username, to other users of our services. We use this information for the creation and publication of rankings and comparison lists to highlight the competitive nature of the game, which is an essential factor of our Services.

c) In what way is data automatically collected?

For the automated collection of usage data, we use technologies such as cookies, in order to collect passive usage data from our website without your active input. These include, in particular:

(a) Cookies

Cookies are small text files which are stored on your computer, or other end device, when you use our services. Usage data can be stored in these cookies, in order to record your preferences, log-in details and settings for future visits, to identify illegal use of our services or to personalize the advertisements displayed within our services, or on the websites of other providers, to the respective user. Where necessary, cookies will be used to create links to information regarding purchases you make, pages you visit or games you play. This information will be used, for example, to track your shopping basket and ensure that you are not repeatedly shown the same advertising. Moreover, we use cookies to offer you content and advertisements that are tailored to your interests and to record your use of the website or other Smilegate Services for statistical purposes.

In addition to the cookies we set during your use of our service, additional cookies may be set, where applicable, by third party providers when you visit our website. This occurs because we have commissioned third parties to collect information for us, for example for statistical usage analysis (e.g. as part of Google Analytics); it also occurs because our sites contain content or advertisements of third parties. Where required, your browser connects, for the purpose of accessing such third party content, directly with the servers of the third party providers, thus enabling those providers to place their own cookies on your end device.

Most browsers are automatically set to accept cookies when visiting a website. You can deactivate cookies or set your browser to display a warning as soon as cookies are sent. However, when cookies are deactivated some sections of our websites will not function properly. You can set your web browser to warn you when there is an attempt to place cookies on your computer or to limit the range of cookies permitted by you.

Under certain circumstances, we also use flash cookies on our sites, also known as "local shared objects", which use Adobe technology. Flash cookies are small files which are similar to the browser cookies described above and are used to store website settings to enable the personalised appearance of the site. You can adapt your settings under the point "Global Storage Settings" on the Adobe website. For further information on the Flash Player security and data protection, visit the Adobe website at www.adobe.com and the Macromedia website at http://www.macromedia.com/support/documentation/de/flashplayer/help/settings_manager.html.

Please note that if you deactivate cookies you might not be able to use some of the features and functions for the use of our services which require cookies. The cookies set by us have a maximum life span of 6 months.

(b) Internet log files

We may also store internet log files, which your PC automatically transmits to our webserver. These log files typically contain information about your computer or your end device, in particular browser type/version, operating system used, URL of the linking websites and date and time of the access.

(c) Analytical metric tool and other technologies

Smilegate uses its own analytical metric tool and third party analytics technologies (see more detailed information below) to collect data when you play our games. These tools and technologies collect information about your computer, browser, your operating system, your use of features and pages, any application software used and information about the manner and extent of use of our games, including game metrics and statistics and your purchasing behaviour.

Google Analytics

We use Google Analytics on our websites, a web analytics tool from Google Inc., 1600 Amphitheatre Parkway, Mountain View, CA 94043, USA ("Google"). Google Analytics uses "cookies" which are stored on your PC and which enable an analysis of your use of our website. The information obtained by the cookies about your use of our website will generally be transmitted to a server in the USA and stored there. We use Google Analytics on our websites, however, with an IP anonymisation tool, with which your IP address, when collected by Google Analytics, will, in member states of the European Union or in other states which are party to the Agreement on the European Economic Area, be masked beforehand, and thus the collected information will be exclusively transmitted by Google in anonymised form. Google uses the collected information to statistically evaluate your use of our website for us, to create reports on website activities and to provide further services related to the website and the internet usage for us. The IP address transmitted by your browser in the scope of Google Analytics will not be combined with other data from Google. Please note that Google Analytics information is often disclosed to marketing agency partners that take the data to optimize marketing campaigns.

You can deactivate the Google Analytics function with a browser add-on, which you can download at https://tools.google.com/dlpage/gaoptout. To do this you must install that browser add-on. This will prevent the analysis information from being sent to Google.

(d) Clear GIFs and tracking pixels

Clear GIFs (also known as web bugs, beacons, tracking pixels or tags) are small graphic images which are placed on a website, a web based document or in an email message. Clear GIFs are invisible to users as they are normally very small (only 1 x 1 pixel) and have the same colour as the background of the website, document or email message. We use Clear GIFs to collect statistical usage data about our websites, functions or other elements of a website. Clear GIFs also enable us to determine, for example, whether users come to our website via an advertisement placed by us and whether they register there or use a specific service. We also might use Clear GIFs in our advertising emails or in newsletters to determine whether you open these and whether you open the links therein. We use the data collected in this way for statistical purposes in order to analyse and improve our advertising campaigns and other customer communications. Where necessary, we also use this information to tailor the advertisements displayed within our Services to your specific interests by assigning you to certain interest groups on the basis of this information.

d) How long is usage data stored?

The data will generally at least be stored to the Smilegate Account until the account is deleted. Where the use is subject to declarations of consent, it will at least continue until receipt of a notification of revocation but not longer than the existence of your account.

Please note that we may be obligated or entitled, to store your personal data for a longer period of time.

We may be obliged on the basis of statutory obligations, in particular provisions relating to tax law and commercial regulations, to archive the relevant personal data even beyond the effective date of your revocation or the deletion of the account. The data will be deleted after the relevant statutory time period. Under specific tax laws, we are obligated to store relevant information for up to ten years. For example, this is related to all information from commercial letters, invoices, and ledgers. Occasionally, these may contain your personal data.

Besides those statutory obligations, we are entitled to store your personal data for specific cases. The end of the storing period depends on the purpose for which we still need your personal data. This means we are storing your personal data at least for the time of a contractual relationship with you as our customer. However, we are permitted to store information, including your personal data, for longer if necessary to bring or defend ourselves against legal claims in court. This retention period relates to the respective periods set forth by a given statute of limitation. We delete your personal data six months after you delete or revoke your account unless we are otherwise permitted or required to retain that data by law.

3. Possible disclosure of your personal data to third parties

Generally, your data is processed exclusively by us and we do not pass on any personal user data to third parties unless we need to do so in order to offer you certain Smilegate Services.

Service Providers

In order to provide these Smilegate Services, we work with service providers (e.g. payment service providers, hosting providers) who may, in the course of providing the respective service, receive and process personal data on our instruction and on the basis of a commissioned data processing agreement.

Related Entities

We may disclose your personal data to our affiliated companies, which are listed on this website: https://www.smilegate.com/en/company/affiliate.asp.

Other players and/or the general public

We post tournament information on our website for general users in “participant information” format. This information may be viewable by your friends, people at our events, or the public in general. Additionally, photographs and videos taken at the eSports Tournaments may be released to the public by way of online streaming or broadcasting, in addition to being placed on our Websites.

Regulatory bodies

We may disclose your personal data:

to data protection regulatory authorities;
in response to an enquiry from a government agency; and
to other regulatory authorities with jurisdiction over our activities.

Professional advisors and Auditors

We may disclose your personal data to professional advisors (such as legal advisors and accountants) or auditors for the purpose of providing professional services to us.

Replacement providers

In the event that we sell or buy any business or assets, we may disclose your personal data to the prospective seller or buyer of such business or assets.

If Smilegate West or substantially all of its assets are acquired by a third party, personal data held by us about our clients and candidates/market participants will be one of the transferred assets.

In certain circumstances, you have the option of sharing information with others yourself as part of the Smilegate Services, e.g. if you give out personal information in a publically accessible player or forum profile. However, we do not transfer such data to other third parties.

Otherwise, your data will only be passed on in special exceptional cases, where we are obligated or entitled to do so by statute or upon binding order from a public authority.

4. Where is the data stored?

We generally store and process data collected in relation to the use of Smilegate Services on servers located inside Canada, although we also have host servers located in the United States, Germany, and Egypt that support some of our services.

In the event that we transfer your personal data to another country and where the country or territory in question does not maintain adequate data protection standards, we will take all reasonable steps to ensure that any such transfers is undertaken in accordance with applicable data protection and privacy laws and that your data is treated securely and in accordance with this Privacy Policy. However, please note that where personal data is stored in another country, it may be accessible to law enforcement agencies in accordance with domestic laws.

5. How do we protect your personal data?

a) Efforts to protect your personal data at our systems

We take security seriously and put in place measures to protect your information

We maintain technical, organizational and physical security measures to protect your information. In addition, we have received ISO/IEC 27001 certification as part of our continued efforts to protect information. At the same time, it should be noted that no type of transmission via the internet or method of electronic data storage is 100% secure. We can therefore offer no guarantee against unauthorized access to our servers and systems.

b) Security issues if you post content in public forums, blogs, chats and profiles

When using the Smilegate Services, from time to time you will be given the option to publish information relating to your person in our online chats, blogs, walls or in user profiles visible to the public or in similar forums on our websites and/or as part of our services. Any Information you disclose in one of these forums is non-encrypted, public information which can be seen by other users of the relevant service and, if published on a website, also by any third parties. In this respect, we cannot ensure the protection or confidential treatment of this information. You should note that all information, shared by you in the scope of these public activities, which enables the identification of your person, can be read, recorded, used and processed by other users in order to send you messages. We accept no responsibility for the information made public by you in these forums which can be used by other users to identify your person. Please also note that in the scope of normal internet activities, in certain circumstances, specific technical information is sent to third parties from your browser, such as advertising networks or analytics companies.

We have no control over the information sent to such networks or third parties by your browser and recommend that you ensure that your browser settings prevent the disclosure of information which you do not wish to share. If you wish to make a video, image or photo publicly available in one of our websites you should note that these could potentially be processed, collected, copied and/or used by other users without your consent.

We assume no responsibility for the videos, images or photos made public by you of your own volition within any Smilegate Services.

6. Use of Smilegate Services by minors

Smilegate Services are intended only for persons 16 or older. If you are under the age of 16, you are prohibited from using the Smilegate Services or registering a Smilegate Account.

7. Legal bases for processing your personal information

For users located in the EU, there are a number of different ways that we are lawfully able to process your personal information. We have described these below.

a) Where you give us your consent to process your personal information

We are allowed to use your personal information where you have specifically consented. In order for your consent to be valid:

It has to be given freely, without us putting you under any type of pressure;
You have to know what you are consenting to – so we'll make sure we give you enough information;
You should only be asked to consent to one thing at a time – we therefore avoid "bundling" consents together so that you don't know exactly what you're agreeing to; and
You need to take positive and affirmative action in giving us your consent – for example, we could provide a tick box for you to check so that this requirement is met in a clear and unambiguous fashion.

We currently seek your consent for marketing and advertisement purposes.

Before giving your consent you should make sure that you read any accompanying information provided by us so that you understand exactly what you are consenting to.

You have the right to withdraw your consent at any time, and details can be found in the "Right to withdraw consent" section below.

b) Where processing your information is within our legitimate interests

We are allowed to use your personal information where it is in our interests to do so, and those interests aren't outweighed by any potential prejudice to you.
We believe that our use of your personal information is within a number of our legitimate interests, including but not limited to:

To handle customer complaints;
To verify User identity;
To ensure that our systems run smoothly;
To protect against improper use or unauthorized use of our Service; and
To market our services.

We don't think that any of the activities set out above will prejudice you in any way. However, you do have the right to object to us processing your personal information on this basis. We have set out details regarding how you can go about doing this in the "Your rights" section below.

c) Where processing your personal information is necessary for us to carry out our obligations under our contract with you

We are allowed to use your personal information when it is necessary to do so for the performance of our contract with you. For example, we need to process certain personal data about you in order to be able to provide you with the SGW games (including mobile games) and related services (including SGW and z8games branded websites) which you have requested from us and in order to govern the relationship between you and Smilegate West.

d) Where processing is necessary for us to carry out our legal obligations

As well as our obligations to you under any contract, we also have other legal obligations that we need to comply with, and we are allowed to use your personal information when we need to comply with those other legal obligations.

8. Your Rights

Applicable privacy laws in your country, such as those applicable to users in the EU and Canada, grant you some or all of the following rights in relation to your personal information.

To assert your rights or for questions on the topic of data protection, you can contact us at any time by post at Smilegate West, Inc., 5000 Yonge Street, Unit 1701, Toronto, Ontario, Canada M2N 7E9, or by email at info@smilegatewest.com. We will be happy to help you. To get in touch with us about any of these rights, please contact us at info@smilegatewest.com.

We will seek to respond to your request without undue delay, and in any event within one month (subject to any extensions to which we are lawfully entitled). We will not charge you for your first copy as required by law. If you request further copies, we may charge you a reasonable administrative cost as permitted by law. Please note that we may keep a record of your communications to help us resolve any issues which you raise.

a) Right to object

This right enables you to object to us processing your personal information where we do so for one of the following reasons:

because it is in our legitimate interests to do so (for further information, please see the section "Legal bases for processing your personal information" above);
to enable us to perform a task in the public interest or exercise official authority;
to send you direct marketing materials; or
for scientific, historical, research, or statistical purposes.

b) Right to withdraw consent

Where we have obtained your consent to process your personal information for certain activities (for example, to provide you with marketing and advertisements), you may withdraw this consent at any time and we will cease to use your personal information for those purposes unless we consider that there is an alternative legal basis to justify our continued processing of your personal information for this purpose, in which case we will inform you of this condition.

c) Data subject access requests

You may ask us for a copy of the information we hold about you at any time, and request us to modify, update or delete such information. If we provide you with access to the information we hold about you, we will not charge you for this as required by law. If you request further copies of this information from us, we may charge you a reasonable administrative cost as permitted by law. Where we are legally permitted to do so, we may refuse your request. If we refuse your request we will always tell you the reasons for doing so.

d) Right to erasure

Users in the EU have the right to request that we "erase" your personal information in certain circumstances. Normally, this right exists where:

The information is no longer necessary;
You have withdrawn your consent to us using your personal information, and there is no other valid reason for us to continue;
The personal information has been processed unlawfully;
It is necessary for the personal information to be erased in order for us to comply with our obligations under law; or
You object to the processing and we are unable to demonstrate overriding legitimate grounds for our continued processing.

We would only be entitled to refuse to comply with your request for erasure in limited circumstances and we will always tell you our reason for doing so.

When complying with a valid request for the erasure of information we will take all reasonably practicable steps to delete the relevant information.

If we have shared your personal information with third parties, we will notify them about the erasure unless this is impossible or involves disproportionate effort.

e) Right to restrict processing

You have the right to request that we restrict our processing of your personal information in certain circumstances. For example, you may dispute the accuracy of the personal information that we hold about you or you may object to our processing of your personal information for our legitimate interests. If we have shared your personal information with third parties, we will notify them about the restricted processing unless this is impossible or involves disproportionate effort. We will, of course, notify you before lifting any restriction on processing your personal information.

f) Right to rectification

You have the right to request that we rectify any inaccurate or incomplete personal information that we hold about you. If we have shared this personal information with third parties, we will notify them about the rectification unless this is impossible or involves disproportionate effort. You may also request details of third parties to whom we have disclosed the inaccurate or incomplete personal information. Where we think that it is reasonable for us not to comply with your request, we will explain our reasons for this decision.

g) Right of data portability:

Users in the EU have the right to receive your data in a structured, commonly used machine-readable format so that you can transmit your data to another service provider. In effect, this means that you are able to transfer the details we hold about you to another third party. Where technically feasible for us, we may transfer the data for you, if you instruct us to do so.

h) Right to complain:

You also have the right to lodge a complaint with your local supervisory authority. Contact details for the various EU privacy supervisory authorities can be found here depending on your country of residence: http://ec.europa.eu/newsroom/article29/item-detail.cfm?item_id=612080. Users in Canada may find contact information for the Office of the Privacy Commissioner of Canada here: https://www.priv.gc.ca/en/contact-the-opc/.

9. Your California privacy rights and "Do Not Track"

If you are located in California, you have certain additional rights. California Civil Code section 1798.83 permits users who are California residents to request certain information identifying any third party to whom Smilegate may have disclosed, within the past year, personal data pertaining to such user and such user's family for that third party's direct marketing purposes, as well as a description of the personal data disclosed. To request such information, you may contact us using the contact details set out below. Any written inquiry must include "California Privacy Rights Request" in the first line of the description. Please note that we are only required to respond to one request per user each year.

If the California Consumer Privacy Act (CCPA) applies to your information, you can exercise your rights to receive information about our data practices, as well as to request access to and deletion of your information. See the 'Your Rights' section above for more information.

In addition, California residents under the age of 18 who are registered users of any of online sites, services or applications where this Privacy Policy is posted may under California law request and obtain removal of content or information they have publicly posted. To make such a request, you may contact us using the contact details set out above. Your request should include a detailed description of the specific content or information to be removed. Please be aware that your request does not guarantee complete or comprehensive removal of content or information posted online and that the law may not permit or require removal in certain circumstances.

California law permits our users who are California residents to be informed as to how we respond to web browser "Do Not Track" settings. We do not respond to "Do Not Track" settings at this time, whether that signal is received on a computer or on a mobile device.

10. Data Protection Officer and EU Representative

You may contact our Data Protection Officer for any enquiries concerning our privacy policy, including the exercise of your rights, by email to info@smilegatewest.com.

EU users may alternatively contact our EU Representative, v. KEUSSLER Consulting GbR, by email to privacy_EU@smilegate.com.