These Terms of Service and all supplemental terms, as amended from time to time, govern your use of any online or mobile product or service to which you have access, any product or service that requires an Internet connection or Zhakaas Account to access, install or play as well as any Zhakaas Account you use to access online or mobile products or services (“Zhakaas Games Services”) offered by Zhakaas or any of its subsidiaries and affiliates (collectively, “Zhakaas Games”) for PC, game system or mobile device.
You agree that these terms are an agreement between you and Zhakaas Games and if additional terms and/or agreements apply to the Zhakaas Games Service(s) used by you, those additional terms and/or agreements govern your use of Zhakaas Games Services as well.
You agree to check terms at www.zhakaasgames.com periodically for new information and terms that govern your use of Zhakaas Games Services. Zhakaas Games may modify the Terms of Service at any time. Revisions to terms affecting existing Zhakaas Games Services shall be effective fifteen (15) days after posting at www.zhakaasgames.com Terms for new Zhakaas Games Services are effective immediately upon posting of the same.
Grant of a Limited License to Use the Service:
Subject to your agreement and continuing compliance with these Terms of Service and any other relevant Zhakaas Games policies, Zhakaas Games grants you a non-exclusive, non-transferable, revocable limited license subject to the limitations in below sections to access and use the Service for your own non-commercial, entertainment purposes. You agree not to use the Service for any other purpose.
The following restrictions apply to the use of the Service:
You shall not create an Account or access the Service if you are under the age of 13; You shall restrict use by minors, and if you come across instances where the access is given the underage then you will deny access to children who are under the age of 13. You accept full responsibility for any unauthorized use of the Service by minors. You are responsible for any use of your credit card or other payment instrument (e.g. paypal) by minors.
You shall not have more than one Account at any given time, sell or give away your Account, create an Account using a false identity or information, or on behalf of someone other than yourself; You shall not use the Service if you have previously been removed by Zhakaas Games, or previously been banned from playing any Zhakaas
You shall use your Account only for non-commercial purposes; You shall not use the Service to advertise, or solicit, or transmit any commercial advertisements, including chain letters, junk or spam e-mail or repetitive messages to anyone;
Accessing the Service:
You must provide all equipment and software necessary to connect to the Service, including, but not limited to, a mobile device that is suitable to connect with and use the Service.
You are responsible for any fees, including internet connection or mobile fees that you incur when accessing the Service.
Use of Services:
Your usage of the services shall be subject to the following:
You are responsible for any use of your credit card or other payment instrument;
You shall not create an account using a false identity or information, or on behalf of someone other than yourself;
You shall not have an account or use the service if you have previously been removed by Zhakaas Games or previously been banned from playing any Zhakaas Games application and games;
You shall not use the service if you are located in a country embargoed by the country of our origin or if you are on the list of countries which are prohibited in dealing with.
- 1.You shall use your account only for non-commercial purposes;
- 2.You shall not use your account to advertise, solicit, or transmit any commercial advertisements, including chain letters, junk e-mail or repetitive messages (spim and spam) to anyone;
- 3.You shall not use your account to engage in any illegal conduct;
- 4.You shall not sublicense, rent, lease, sell, trade, gift, bequeath or otherwise transfer your account or any virtual items associated with your account to anyone without our written permission;
- 5.You shall refrain from using inappropriate language, including language that may look, sound like, stand for, hint at, abbreviate, or insinuate profanity, hate speech (including but not limited to racial, ethnic, or religious slurs), illegal drugs/controlled substances or illegal activities.
- 6.You shall not carry out cheating of any kind (including by exploiting any bug or error) is expressly prohibited, this includes exploiting any deficiency in our code or design, or in the code or design of any third party product or service used in connection with the service, to gain an unfair advantage or to gain unearned or unauthorized privileges, access or abilities not clearly intended by the product’s design. Communicating information about such activities to others will also be considered cheating.
- 7.You shall not access or use an account or virtual items that have been sublicensed, rented, leased, sold, traded, gifted, bequeathed, or otherwise transferred from the original account creator without our permission;
And in case if we find you not complying with the clauses as mentioned above, then
- We reserve the right to remove, at any time and without notice, any content from the service
- We reserve the right to contact your ISP regarding any inappropriate activities by you on the service.
- We reserve the right to immediately terminate or suspend our services who fails to abide by these terms of usage. The decision to suspend or terminate accounts will be made at the sole discretion of the site/app/game
Account Creation and information:
If you are required to update an account then certain additional information which may include your personal, professional and other details may be required. You agree that you will supply accurate and complete information to Zhakaas Games, and that you will update that information promptly after it changes.
You understand that on certain page of Zhakaas Games’ website/app/game your user ID number, name and profile picture will be publicly available and that search engines may index your name and profile photo.
Usage of Username and Password:
During the account creation, your username and password will be provided to you (“Login Information”). The following rules govern the security of your login information:
- You shall not share the account or the login information, let anyone else access your account, or do anything else that might jeopardize the security of your Account;
- In the event you become aware of or reasonably suspect any breach of security, including without limitation any loss, theft, or unauthorized disclosure of the login information, you must immediately notify Zhakaas Games and modify your login information;
- You are solely responsible for maintaining the confidentiality of the login information, and you will be responsible for all uses of the login information, including purchases, whether or not authorized by you; and
- You are responsible for anything that happens through your account. Zhakaas Games reserves the right to remove or reclaim any usernames at any time and for any reason,
including but not limited to claims by a third party that a username violates such third party’s rights.
Content and Service
All rights, title and interest in and to the Service (including without limitation any games, titles, computer code, themes, objects, characters, character names, stories, dialogue, catch phrases, concepts, artwork, animations, sounds, musical compositions, audio-visual effects, methods of operation, moral rights, documentation, in-game chat transcripts, character profile information, recordings of games played using a Zhakaas Games client, and the Zhakaas Games clients and server software) are owned by Zhakaas Games. Zhakaas Games reserves all rights, including without limitation, all intellectual property rights or other proprietary rights, in connection with its Content and the service. All Content with the exception of third party content (as discussed below in Section) is owned by Zhakaas Games or its affiliates, subsidiaries, licensors or suppliers. Content includes User – Generated Content (“UGC”). UGC includes but is not limited to Account personas, forum posts, chat posts, profile content and any other Content contributed by users to Zhakaas Games Services. Zhakaas Games Content and UGC collectively shall be referred to as “Content.”
NOTWITHSTANDING ANYTHING TO THE CONTRARY HEREIN, 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 FOREVER BE OWNED BY AND INURE TO THE BENEFIT OF ZHAKAAS GAMES.
Zhakaas Games owns, has licensed, or otherwise has rights to use all of the content that appears in the Service or in games. Notwithstanding any provision to the contrary herein, you agree that you have no right or title in or to any content that appears in the Service, including without limitation the virtual goods or currency appearing or originating in any games of Zhakaas Games, whether earned in a game or purchased from Zhakaas Games, or any other attributes associated with an Account or stored on the Service.
Contributing Third Party Content to Zhakaas Games Services
Zhakaas Games respects the intellectual property rights of others. You must have the legal right to upload Content to Zhakaas Games Services. You may not upload or post any Content on Zhakaas Games that infringes the copyright, trademark or other intellectual property rights of Zhakaas Games or any third party, nor may you upload content that violates the law, this Terms of Service and/or any third party’s right of privacy or right of publicit y. You may upload only Content that you are permitted to upload by Zhakaas Games. Zhakaas Games may, without prior notice to you and in its sole judgment, remove Content that may infringe the intellectual property or other rights of Zhakaas Games or a third party. Contributing UGC to Zhakaas Games; License Grant to Zhakaas Games and Others When you contribute UGC to Zhakaas Games, you expressly grant to Zhakaas Games and its licensors a non-exclusive, perpetual, worldwide, complete, sub-licensable and ir revocable right to quote, re-post, publish, use, adapt, translate, archive, store, reproduce, modify, create derivative works from, syndicate, license, print, sublicense, distribute, transmit, broadcast, and otherwise communicate, and publicly display and perform the UGC, or any portion thereof, in any manner or form and in any medium or forum, whether now known or hereafter devised, without notice, payment or attribution of any kind to you or any third party. You grant Zhakaas Games and its licensors all licenses, consents and clearances to enable Zhakaas Games and its licensors to use such UGC for such purposes. You waive and agree not to assert any moral or similar rights you may have in such UGC.
If the Zhakaas Games Service on which you contribute UGC permits other users to access and use that UGC as part of the Zhakaas Games service deliverables, then you grant all other users of the relevant Zhakaas Games the right to use, copy, modify, display, perform, create derivative works from, and otherwise communicate and distribute your UGC on or through the relevant Zhakaas Games service without further notice, attribution or compensation to you.
Any use of the service in violation of these License Limitations is strictly prohibited, can result in the immediate revocation of your limited license granted under Section 1), and may subject you to liability for violations of law. Any attempt by you to disrupt or interfere with the service including undermining or manipulating the legitimate operation of any games of Zhakaas Games is violation of Zhakaas Games policy and may be a violation of criminal and civil laws.
You agree that you will not, under any circumstances:
- engage in any act that Zhakaas Games deems to be in conflict with the spirit or intent of the service, including but not limited to circumventing or manipulating these terms, our game rules, game mechanics or policies;
- interfere or attempt to interfere with the proper functioning of the service or connect to or use the service in any way not expressly permitted by these terms of service
- use any unauthorized third party software that accesses, intercepts, or otherwise collects information from or through the service or that is in transit from or to the service, including, without limitation, any software that reads areas of RAM or streams of network traffic used by the service to store information about our game characters, elements, or environment;
- make any automated use of the system, or take any action that imposes or may impose (in our sole discretion) an unreasonable or disproportionately large load on our infrastructure;
- bypass any robot exclusion headers or other measures we employ to restrict access to the service or use any software, technology, or device to send content or messages, scrape, spider, or crawl the service, or harvest or manipulate data;
- use, facilitate, create, or maintain any unauthorized connection to the service, including without limitation (1) any connection to any unauthorized server that emulates, or attempts to emulate any part of the service; or (2) any connection using programs, tools, or software not expressly approved by Zhakaas Games;
- except where permitted by law or relevant open source licenses, reverse engineer, decompile, disassemble, decipher or otherwise attempt to derive the source code for any underlying software or other intellectual property used to provide the Service, or to obtain any information from the Service using any method not expressly permitted by Zhakaas Games; or
- copy, modify or distribute rights or content from any Zhakaas Games site/app/game or game, or our copyrights or trademarks or use any method to copy or distribute the content of the service except as specifically allowed in these Terms of Service;
- make improper use of our support services, including by submitting false abuse reports or using profane and abusive language in your communications with our support personnel; or
- use the Service, intentionally or unintentionally, in connection with any violation of any applicable law or regulation, or do anything that promotes the violation of any applicable law or regulation;
- cheating & hacking – You agree that you will not, under any circumstances:
- use cheats, exploits, automation software, bots, hacks, mods or any unauthorized third party software
designed to modify or interfere with the Service or any of our gaming experience;
- use the service in order to design or assist in the design of cheats, automation software, bots, hacks, or any other unauthorized third party software designed to modify or interfere with the Service or any of our gaming experience;
without our express written consent, modify or cause to be modified any files that are a part of the service;
- disrupt, overburden, or aid or assist in the disruption or overburdening of (1) any computer or server used to offer or support the service or any of our game environment (each a “Server”); or (2) the enjoyment of the service or any of our game by any other person;
- institute, assist or become involved in any type of attack, including without limitation distribution of a virus, denial of service attacks upon the Service, or other attempts to disrupt the Service or any other person’s use or enjoyment of the Service; or
- attempt to gain unauthorized access to the Service, other Games available in the Server, Accounts registered to others or to the computers, Servers, or networks connected to the Service by any means other than the user interface provided by Zhakaas Games, including but not limited to, by circumventing or modifying, attempting to circumvent or modify, or encouraging or assisting any other person to circumvent or modify, any security, technology, device, or software that is part of the Service;
- Offensive or Infringing Content – You agree that you will not, under any circumstances:
- post any information that is abusive, threatening, obscene, defamatory, libelous, or racially, sexually, religiously, or otherwise objectionable or offensive;
- post any information that contains nudity, excessive violence, or offensive subject matter or that contains a link to such content;
- attempt to, or harass, abuse, or harm, or advocate or incite harassment, abuse or harm of another person, group, including our employees, our customers, our customer service representatives; or
- make available through the Service any material or information that infringes any copyright, trademark, patent, trade secret, right of privacy, right of publicity, or other right of any person or entity or impersonates any other person, including without limitation a Zhakaas Games employee;
- Commercial Activity – You agree that you will not, under any circumstances:
- without our express written consent, use the Service or any part thereof for any commercial purpose, including but not limited to (1) communicating or facilitating any commercial advertisement or solicitation, or (2) gathering or transferring Virtual Items for sale;
- use the Service or any part thereof for performing in-game services, such as power-leveling and item collection services, in exchange for payment outside the Service; or
- transmit unauthorized communications through the Service, including junk mail, chain letters, spam and any materials that promote malware, spyware and downloadable items;
Fees and Paid Services:
Purchases–In the Service you may purchase, with “real world” money, a limited, personal, non-transferable, non-sublicensable, revocable license to use (a) “virtual currency”, including but not limited to virtual cash, for use in games; (b) “virtual in-game items” (together with “virtual currency”, “Virtual Items”); and (c) other goods or services (“Merchandise”). You may also obtain a license to use Virtual Items by redeeming third party virtual currency such as Facebook Credits. Zhakaas Games may manage, regulate, control, modify or eliminate Virtual Items and/or Merchandise at any time, with or without notice and shall have no liability (whatsoever) either to you or any third party in the event we exercise any such rights. The transfer of Virtual Items and merchandise is prohibited except where expressly authorized in the Service. Other than as expressly authorized in the Service, you shall not sell, redeem or otherwise transfer Virtual Items or merchandise to any person or entity, including but not limited to Zhakaas Games, another user or any third party.
ALL PURCHASES AND REDEMPTIONS OF THIRD PARTY VIRTUAL CURRENCY MADE THROUGH THE SERVICE ARE FINAL AND NON-REFUNDABLE.
Paid Fees–Fees are payable in advance and are not refundable in whole or in part: – We (Zhakaas Games) reserve the right to change our fees or billing methods at any time. If you pay a periodic (e.g. monthly) subscription for Zhakaas Games Service, we will provide you with notice of any changes to the fees or billing methods at least thirty (30) days in advance by posting such changes on the Zhakaas Games Service. You are responsible for reviewing the Zhakaas Games Service to obtain timely notice of such changes. Your continued use of the Zhakaas Games Service means that you accept such changes. If any change is unacceptable to you, you may cancel your subscription at any time, but Zhakaas Games will not refund any fees that may have accrued to your Account before cancellation of your subscription, and we will not prorate fees for any subscription. If your use of Zhakaas Games service is subject to chargeability of taxes, then Zhakaas Games may charge you for any such taxes either from prospective or retrospective effect (as the case may be), in addition to the subscription or other fees.
- Payment Options. You may pay fees using the methods available for the particular Zhakaas Games service and you agree to the terms and conditions applicable to each payment method you choose. Payment methods may vary by Zhakaas Games. When you provide credit card or other payment information to Zhakaas Games, you represent to Zhakaas Games that you are the authorized user of the credit card or other payment method. By agreeing to this Terms of Service, you have agreed to permit Zhakaas Games to automatically renew your subscription to Zhakaas Games Service by charging a valid credit card number which you have provided to Zhakaas Games. Your subscription will be automatically renewed thirty (30) days prior to the expiration of the term and each anniversary thereafter for a fee no greater than our then – current price, excluding any promotional and discount pricing, unless you cancel your subscription. You must provide current, complete, and accurate information for your billing account. You must promptly update all information to keep your billing account current, complete, and accurate (such as a change in billing address, credit card number, or credit card expiration date), and you must promptly notify Zhakaas Games if your credit card is canceled (for example, for loss or theft). Changes to such information can be made by contacting Customer Service. If you fail to provide Zhakaas Games any of the foregoing information, you agree that Zhakaas Games may continue charging you for any subscription automatically renewed unless you cancel your subscription at least thirty (30) days prior to the expiration of the subscription. Zhakaas Games reserves the right to utilize third party credit card updating services to obtain current expiration dates on credit cards provided by you to Zhakaas Games. Customers who use a payment method other than credit card may incur an additional payment processing fee, and may not be able to automatically renew subscriptions.
- As the Account holder, you are responsible for all charges incurred, including applicable taxes, and all purchases made by you or anyone that uses your Account, including your family or friends.
- Trial Subscriptions: – For some services, Zhakaas Games may offer a free trial subscription. If you accept a free trial subscription, Zhakaas Games will begin to bill your Account for that Zhakaas Games Service when the free trial subscription expires, unless you cancel your subscription before that time. You are always responsible for any internet service provider, telephone, wireless and other connection fees that you may incur when using Zhakaas Games Services, even when we offer a free trial subscription. Trial subscriptions are not transferrable.
- Fees charged by third party site/app/games and vendors. We may provide links to other web site/app/games. Some of these web site/app/games may charge separate fees, which are not included in any subscription or other fees that you may pay to Zhakaas Games. Any separate charges or obligations that you incur in your dealings with third parties are your responsibility.
- Zhakaas Games shall not be liable for any errors on billing statements issued to you by your carrier. Although Zhakaas Games will make c ommercially reasonable efforts to help you obtain the proper software for your telephone, device or platform, Zhakaas Games shall not be liable or responsible for any Purchaser Errors. In no event shall Zhakaas Games be liable for any defects or other problems associated with download or purchases through the Site/app/game.
Rules of Conduct:
(or others using your Account) do any of the following:
- transmit or facilitate distribution of content that are harmful, abusive, racially or ethnically offensive, vulgar, sexually explicit, defamatory, infringing, invasive of personal privacy or publicity rights, or in a reasonable person’s view, objectionable.
- attempt to acquire a password, address, credit card numbers, account information, or any other private information from any other Member or users.
- upload or distribute any software or content that you do not own or have permission to freely distribute.
- promote or encourage any illegal activity including hacking, cracking or distribution of counterfeit software.
- upload files that contain a virus or corrupted data.
- improperly use the in game support or complaint buttons or make false reports to Zhakaas Games staff members.
- falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is uploaded.
Upon our or our licensors’ request, you agree to defend, indemnify and hold harmless us, our licensors and our affiliates, contractors, vendors, and content providers from all liabilities, claims and expenses, including attorneys’ fees, that arise from or relate to a breach of these Terms & Conditions of Service for which you are responsible. Without limiting the generality of the foregoing, you agree to indemnify and hold Zhakaas Games and its licensors harmless for any improper or illegal use of your Account, including the illegal or improper use of your Account by someone to whom you have given permission to use your Account.
You agree that you will be personally responsible for your use of our services and for all of your communication and activity on Zhakaas Games Services, including any Content you contribute, and that you will indemnify and hold harmless Zhakaas Games, its licensors and our affiliates from any liability or damages arising from your conduct on Zhakaas Games Services, including any Content that you contribute. Zhakaas Games and its licensors reserve the right, at their own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you. In that event, you shall have no further obligation to provide indemnification to Zhakaas Games and/or its licensors in that matter. This Section shall survive termination of this Terms of Service. Intellectual Property: The Site/app/game, including, without limitation, all communication features, contain copyrighted material, trademarks and other proprietary information including, without limitation, text, software, photographs, video, graphics, music and sound, and the entire contents of the Site/app/game and each area contained therein are the property of Zhakaas Games and/or third-party content providers. Zhakaas Games owns a copyright in the selection, coordination, arrangement and enhancement of such content. You may not modify, publish, transmit, participate in the transfer or sale, create derivative works, or in any way exploit, any of the content contained on the Site/app/game (including, without limitation, content that Zhakaas Games enables you to download) without the express written permission of Zhakaas Games and the copyright owner. In the event of any permitted copying, redistribution or publication of copyrighted material, no changes in or deletion of author attribution, trademark, and legend or copyright notice shall be made. The downloading of copyrighted material from the Site/app/game is allowed by you only for your own use. You acknowledge that the Zhakaas Games and/or third-party content providers remain the owners of all materials posted on the Site/app/game, and that you do not acquire any of those ownership rights by downloading copyrighted materials.
Trademark Notice: Zhakaas Games, Zhakaas Games website/app/game, contents of website/app/game and the logo Zhakaas Games are trademarks or registered trademarks of Zhakaas Games in India and/or other countries. All other names of companies and products mentioned herein may be trademarks of their respective owners and are used with permission. Any such trademarks may be used publicly only with permission from Zhakaas Games or their respective owners. All rights not expressly granted herein are reserved.
Submissions: Zhakaas Games is pleased to hear from their customers and welcomes their comments regarding our services and the site/app/game. Unfortunately, however, long-standing company policy does not allow us to accept or consider creative ideas, suggestions or materials other than those it has specifically requested. We hope you will understand that it is the intent of this policy to avoid the possibility of future misunderstandings when projects developed by our professional staff might seem to others to be similar to their own creative work. Accordingly, we must, regretfully, ask that you do not send us any original creative materials such as game ideas or original artwork. While we do value your feedback on our services and products, we request that you be specific in your comments on those services and products, and not submit any creative ideas, suggestions or materials. If at our request you send certain specific submissions (e.g., Communications, including, postings and creative submissions) or, despite our request that you not send us any other creative materials, you send us creative suggestions, ideas, notes, drawings, concepts or other information (collectively, the “Submissions”), the Submissions shall be deemed, and shall remain, the property of Zhakaas Games. None of the Submissions shall be subject to any obligation of confidence on the part of Zhakaas Games, and Zhakaas Games shall not be liable for any use or disclosure of any Submissions. Without limitation of the foregoing, Zhakaas Games shall exclusively own all now known or hereafter existing rights to the Submissions of every kind and nature, in perpetuity, throughout the universe and shall be entitled to unrestricted use of the Submissions for any purpose whatsoever, commercial or otherwise, without compensation to the provider of the Submissions. You waive any and all moral rights in any such Submissions as well as any claim to a right of credit or approval.
Support: Subject to the other provisions of the Terms & Conditions of Usage, Zhakaas Games will attempt to help you with any queries or problems that you may have with the site/app/game or any of your purchases through the site/app/game. To reach our customer support team, please e-mail us at firstname.lastname@example.org. It will expedite your request for assistance by providing our representatives with all the information they need to solve your problem as quickly as possible. If you believe that any action has been taken against your account or device in error, please contact customer support at email@example.com
Remedies: You agree that this Terms & Conditions is not intended to confer and does not confer any rights or remedies upon any person other than the parties to this Terms of Service. You also understand and agree that this Terms, other Zhakaas Games Policies and the Supplemental Terms as and when incorporated, are not intended to confer, and do not confer, any rights or remedies upon any person.
Severability: If any part of this Terms & Conditions of Service is held invalid or unenforceable, that portion shall be interpreted in a manner consistent with applicable law to reflect, as nearly as possible, the original intentions of Zhakaas Games, and the remaining portions shall remain in full force and effect.
In the event of a conflict between a translation of the Zhakaas Games Policies and the English version, the English version of the Zhakaas Games Policies will control.
Force Majeure: Zhakaas Games shall not be liable for any delay or failure to perform resulting from causes outside the reasonable control of Zhakaas Games, including without limitation any failure to perform hereunder due to unforeseen circumstances or cause beyond our control such as acts of God, War, Terrorism, Riots, Embargoes, Acts of Civil or Military Authorities, Fire, Floods, Accidents, Network Infrastructure Failures, Strikes, or Shortages of trans portation facilities, fuel, energy, labor or materials, Hacking, Phishing, or other Electronic Modes for destroying the Contents.
Waiver: Failure of Zhakaas Games to exercise or enforce any right or provision of this Terms of Service will not constitute waiver of such right or provision. Any waiver of any provision of this Terms of Service will be effective only if in a writing signed by Zhakaas Games.