This EULA is an agreement between you and GameZ and/or its affiliates ("GameZ", "we", "us", or "our") regarding your use of GameZ’s games, websites, and related services (the "Products"). GameZ’s Privacy Policy, which can be found on Privacy Policy, forms an integral part of this EULA. By installing or using the Product, You agree to accept and to be bound by (1) this EULA and (2) the Privacy Policy at all times. You are only authorized to use the Product if you agree to abide by all applicable laws and these Terms. GameZ reserves the right to modify these Terms, at its sole discretion, from time to time by posting the modified version of the Terms. Please periodically review the controlling version of these Terms. If you do not agree with the modifications, please discontinue use of the Products immediately.
- License and ownership
GameZ owns, has licensed, or otherwise has the right to use all of the content that appears in the GameZ products, including, without limitation, an Account, Virtual Items. GameZ grant you a non-exclusive, non-transferable, non-sublicensed, non-commercial and personal license to install and/or use the Product for such time until either You or GameZ terminates this EULA. You must in no event use, nor allow others to use, the Product or this License for commercial purposes without obtaining a licence to do so from GameZ. Updates, upgrades, patches and modifications may be necessary in order to be able to continue to use the Product on certain hardware. YOU ACKNOWLEDGE AND AGREE THAT THE PRODUCTS ARE LICENSED TO YOU, NOT SOLD.
While using the Product, You agree to comply will all applicable laws, rules and regulations. -
Access to the product
- Access: You must have access to an electronic communication network, to use the Product on a Compatible Mobile Terminal. The connection costs (including but not limited to mobile providers’ and/or carriers’ costs), shall be exclusively borne by You. You acknowledge that the quality of the Products, the response time or access to certain features may depend on the capacities of Your Compatible Mobile Terminal and of the electronic communication network. GameZ may in no case be held responsible for reduced user comfort. You acknowledge that the Product may not be available for use on all mobile devices or through all carriers or network service providers;
- Personal data: To provide a better game experience, GameZ may collect and store data about You in relation to Your use of the Product, Your connection information and/or Your Compatible Mobile Terminal. Certain data is recorded, archived, analysed and used to create user statistics. GameZ will not reveal Your personal data to third parties except when expressly authorised by You to do so or in special circumstances. GameZ may be under a duty to disclose or share Your personal data in order to comply with a legal obligation, or in order to protect GameZ’s rights and those of other users and third parties. This includes exchanging information with other companies and organisations for the purposes of fraud protection and credit risk reduction;
- Analytics tools: GameZ uses third party analytics tools to collect information concerning Your and other users’ gaming habits and use of the Product. The information collected may contain the following, without limitation: mobile device unique indentity or other device identifiers and settings, carrier, operating system, localization information, date and time spent on the Product, game scores, game metrics and statistics, feature usage, advertising conversion rates, monetization rate, purchase history and other similar information. GameZ uses third party ad serving technologies that may collect information as a result of ad serving in the Product and that may temporarily display advertisements in the Product. The information collected and used for the targeted advertising may contain the following, without limitation: age and gender, number views of an advertisement, mobile device unique identity or other device identifiers and settings, information about Your use of the Product, Compatible Mobile Terminal, and other Internet sites (including third party web pages and mobile Internet sites) viewed by You (as well as date and time viewed), advertisement(s) served, the advertisement(s)’ in game location and length, and Your response to the advertisement(s) (if any);
- When You are using the Product, the Product may monitor your storage.
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Virtual items - purchases and payments
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Virtual items
Our virtual items are:- virtual currency;
- virtual in-game items;
- certain in-game benefits.
You may earn or purchase Virtual Items for real money and/or other credits. You acknowledge and agree that all sales of Virtual Items are final and non-refundable. The purchase of any Virtual Item is merely the purchase of a limited personal revocable license to use the Virtual Item exclusively in the applicable Services and does not transfer ownership of that Virtual Item to you. This license is personal to you and cannot be sold, transferred, assigned, gifted, traded or sublicensed. Accordingly, we expressly prohibit and do not recognize any purported sales, transfers, assignments, gifts, trades or sublicenses of Virtual Items, whether for "real money," goods or any other exchange outside of the Services.
We reserve the right to control, regulate, change or remove any Virtual Items in our sole discretion and without any liability to you. We reserve the right to charge fees for the right to access or use Virtual Items, and we may revise the perceived value or pricing for any Virtual Items. We may also decide to distribute Virtual Items without charge, at our sole discretion.
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Purchases and payments
The virtual items will be made available for purchase on a third party store used by us (such as Google Play or App Store). Certain Services allow you to purchase the Virtual Items of the products. Such purchases may be made available in both Services which you must purchase to download as well as Services which are free to download.
You are responsible for all third party charges, including but not limited to the internet connection, and mobile communication charges, that you may incur for accessing or using our Services. Prices for all products and services exclude all applicable taxes and telecommunication charges, unless otherwise indicated.
We will not be liable for any errors on billing statements issued to you by your carrier. You accept full responsibility for confirming that the phone or other device manufacturer, phone or other device model, and carrier are supported and that the phone or other device is compatible to the products or services purchased, downloaded or otherwise obtained by you through the Services. Please read the system requirements very carefully before making any purchases.
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Virtual items
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Push notifications
We may send local or push notifications to your mobile device to make you aware of game updates, promotional events, new game information and other relevant messages regarding the game service. You can manage push notifications from the “options” or “settings” page within the relevant game. You may also be able to manage them from your device’s settings page for the relevant game. -
Warranties
You represent and warrant that you will not, in connection with your use of the Product:
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Contravene the law, including but not limited to:
- Intellectual Property;
- defamation;
- obscenity;
- pornography;
- rights of publicity or other rights, etc;
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Act in a manner that negatively affects other users’ ability to use the Applications, including but not limited to:
- harmful;
- threatening;
- abusive;
- inflammatory;
- intimidating;
- violent or encouraging of violence;
- harassing;
- vulgar;
- stalking;
- invasive of another’s privacy;
- racially;
- ethnically, etc.
- Institute, assist, or become involved in any type of attack, including without limitation distribution of viruses or codes, denial of service attacks upon the Product or other attempts to disrupt the Product or any other person’s use or enjoyment of the Product;
- Using devices that enables cheating or accomplishing game tasks that cannot be accomplished without the use of such an application, software or technology;
- Collect or store personal data about anyone;
- Modify any part of the Applications;
- Obtain or attempt to access or otherwise obtain any Content or information through any means not intentionally made available or provided for through the Applications.
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Contravene the law, including but not limited to:
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Limitation of liability
We are not be responsible or liable to you for any loss or damage of any sort incurred as the result of the following:- Modifying or discontinuing temporarily or permanently, the Applications (or any part thereof) with or without notice to you for any or no reason whatsoever;
- Immediately terminating your access to the Applications for any or no reason whatsoever and with or without notice to you;
- The accuracy, usefulness or availability of any information Posted to or through the Applications, including but not limited to any securities trading or investment related information;
- Any User Content that does not get recorded, or is deleted; or
- Any loss or damage of any sort incurred by you as a result of interactions you have with other Applications users, third-party advertisements or service providers, or third-party websites, found on or through the Applications, including payment and delivery of related goods or services, and any other terms, conditions, policies, warranties or representations associated with such dealings.
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Indemnity
You will indemnify and hold us harmless from any and all third party claims, losses, damages, liabilities, costs, and expenses (including reasonable attorneys’ fees and expenses), relating to or arising under or out of the relationship between you and us described in these Terms, including any breach of the representations and warranties contained herein, or your violation or breach of any rights of or agreements, undertakings, representations or warranties with another in any way related to the Services and/or Content. You hereby agree that we shall have the sole right and obligation to control the legal defense against any such claims, demands, or litigation, including the right to select counsel of our choice and to compromise or settle any such claims, demands, or litigation. -
Termination
This EULA is effective from the earlier of the date You purchase, download or use the Product, until terminated according to its terms. You and GameZ (or its licensors) may terminate this EULA, at any time, for any reason. Termination by GameZ will be effective upon (a) notice to You or (b) termination of Your GameZ Account (if any) or (c) at the time of GameZ’s decision to discontinue offering and/or supporting the Product. This EULA will terminate automatically if You fail to comply with any of the terms and conditions of this EULA. Upon termination for any reason, You must immediately uninstall the Product and destroy all copies of the Product in Your possession. -
Infringement
Without limiting the foregoing, if you believe that any content, including User Content, or other materials, posted on the Product constitutes an infringement of your Intellectual Property, we will respond promptly to any properly submitted notice containing the information detailed below. Please contact us by email: [insert our email]. -
Governing Law and Dispute Resolution
If a dispute arises between you and GameZ, we strongly encourage you to first contact us directly to seek a resolution quickly by contacting us email: [insert our email]. These Terms of Service and any dispute arising out of or related to it or Privacy Policy or the Products shall be governed in all respects by Law of Indonesia, without regard to conflict of law provisions. You agree that any claim or dispute you may have against GameZ must be resolved exclusively by arbitaration located in Indonesia (BANI). -
Force Majeure
GameZ will not be liable for any delay or failure to perform resulting from any cause outside the reasonable control of GameZ, including, without limitation, any failure to perform under the GameZ Policy due to unforeseen cause beyond GameZ’s control, such as acts of God, war, terrorism, riots, embargoes, acts of civil or military authorities, change of law or administrative rules, fire, floods, network infrastructure failures, cybercrimes, strikes, or shortages of transportation facilities, fuel, energy, labor or materials.