Terms of Service (ToS) / End User License Agreement (EULA)
Last Updated: November 04, 2018
AGREEMENT TO TERMS
For purposes of this EULA “Software” means all software programs distributed, published or otherwise made available by Zebec Games, including, but not limited to mobile games. Software also includes updates and upgrades as well as accompanying written, files, electronic or online materials or documentation, and any and all copies of such software and its materials.
Software and Services are collectively referred to as “Services”.
THE SOFTWARE IS LICENSED, NOT SOLD. YOUR USE OF THE SOFTWARE (AS SPECIFIED BELOW) IS SUBJECT TO THE TERMS AND CONDITIONS IN THIS EULA. BY INSTALLING, USING OR ACCESSING THE ZEBEC GAMES SERVICES OR ANY MATERIALS INCLUDED IN OR WITH THE ZEBEC GAMES SERVICES, YOU HEREBY ACCEPT THE TERMS OF THIS EULA.
Zebec Games grants you a revocable, nonexclusive, nontransferable, limited license to download, install and use the Application solely for your personal, noncommercial purposes strictly in accordance with the terms of this Agreement.
You agree not to, and you will not permit others to license, sell, rent, lease, assign, distribute, transmit, host, outsource, disclose or otherwise commercially exploit the Application or make the Application available to any third party.
Cheating and/or exploiting will result in being banned and all purchases from the online store will be forfeit. Cheating includes but is not limited to the use of software to modify the Application. Exploiting is using bugs, defects, or unintended side-effects of in-game mechanics to gain an unfair advantage in the Application.
In services where user content is available or messaging/chat between users, there shall not be any use of profane or obscene language or images. Use of hate, discriminatory, or sexist speech or images are prohibited as well and can result in the ban or cancellation of access to the application. Zebec Games LLC has the final say in what is considered unacceptable and does not guarantee warnings or strikes before action is taken. Typically, these issues will be handled on a case by case basis and the severity of punishment determined by the severity/frequency of the offense.
ELIGIBILITY AND ACCOUNT REGISTRATION
If you want to use certain features of the Services, you will have to create an account with us (an “Account”). You can create an Account if you have a pre-existing Google account; We will create your Account by extracting from your Google, account certain personal information (such as your email address) that your privacy settings on the applicable account permit us to access.
PAYMENTS AND PURCHASES OF VIRTUAL GOODS
Zebec Games may license to you certain virtual goods to be used within Zebec Games Services. Unless otherwise specified, these virtual goods shall be deemed an integral part of the Software. These virtual goods may be licensed both for a fee using “real world money” and without any separate fee, as applicable from time to time. These virtual goods may also be licensed by using third party virtual currency, such as Facebook Credits or by using separate activation codes.
Any and all virtual goods are licensed to you on limited, personal, non-transferable, non-sublicensable and revocable basis and limited only for non-commercial use.
Please note that any payment for licenses for virtual goods or redemption of third party virtual currency is always FINAL AND NON-REFUNDABLE.
Zebec Games may manage, regulate, control, modify or eliminate virtual goods at any time, with or without notice. Zebec Games shall have no liability to you or any third party in the event that Zebec Games exercises any such rights.
SUBJECT TO MANDATORY LEGISLATION, YOU ACKNOWLEDGE THAT ZEBEC GAMES IS NOT REQUIRED TO PROVIDE A REFUND FOR VIRTUAL GOODS FOR ANY REASON, AND THAT YOU WILL NOT RECEIVE MONEY OR OTHER COMPENSATION FOR UNUSED VIRTUAL GOODS, WHETHER YOUR LOSS OF LICENSE UNDER THIS EULA WAS VOLUNTARY OR INVOLUNTARY.
MODIFICATIONS TO APPLICATION
Zebec Games reserves the right to modify, suspend or discontinue, temporarily or permanently, the Application or any service to which it connects, with or without notice and without liability to you. The end user is not to modify the application in any way and access to all services and software will be terminated if discovered.
TERM AND TERMINATION
This Agreement shall remain in effect until terminated by you or Zebec Games. Zebec Games may, in its sole discretion, at any time and for any or no reason, suspend or terminate this Agreement with or without prior notice.
This Agreement will terminate immediately, without prior notice from Zebec Games, in the event that you fail to comply with any provision of this Agreement. You may also terminate this Agreement by deleting the Application and all copies thereof from your mobile device or from your desktop.
Upon termination of this Agreement, you shall cease all use of the Application and delete all copies of the Application from your mobile device or from your desktop.
If any provision of this Agreement is held to be unenforceable or invalid, such provision will be changed and interpreted to accomplish the objectives of such provision to the greatest extent possible under applicable law and the remaining provisions will continue in full force and effect.
AMENDMENTS TO THIS AGREEMENT
Zebec Games reserves the right, at its sole discretion, to modify or replace this Agreement at any time. What constitutes a material change will be determined at our sole discretion. If we do so, we’ll let you know either by posting the modified Terms on the Site or Application or through other communications. If you continue to use the Services after we have posted modified Terms on the Site or Application, or otherwise communicate them to you, you are indicating to us that you agree to be bound by the modified Terms. If you don’t agree to be bound by the modified Terms, then you may not use the Services anymore. We may change or discontinue all or any part of the Services at any time and without notice.
This EULA will be governed by the laws of the State of New Hampshire without regard to its conflict of laws provisions.
If you have any questions about this Agreement, please email email@example.com.