ZAM End User License Agreement and Terms of Service
Last Updated: June 15, 2021
Please read this ZAM End User License Agreement and Terms of Service (“EULA”) carefully because it is a binding contract between you, an individual user (“you”) and ZAM Network, LLC (“ZAM,” “we,” or “us”) governing your use of the websites made available by ZAM that reference this EULA, including websites located at zam.com, or any other websites, pages, features, or content we own or operate (“Websites”), browser extensions made available by ZAM (“Browser Extensions”), application programming interfaces made available by ZAM (“APIs”), and mobile applications made available by ZAM that reference this EULA (“Apps”) (the Websites, APIs, Browser Extensions, and Apps are, collectively, the “Service”).
BY INSTALLING THE APIS, BROWSER EXTENSIONS, OR APPS, OR OTHERWISE ACCESSING OR USING THE SERVICE, YOU AGREE THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO BE BOUND BY THIS EULA. IF YOU ARE USING THE SERVICE ON BEHALF OF A COMPANY, ENTITY, OR ORGANIZATION, THEN YOU REPRESENT AND WARRANT THAT YOU: (i) ARE AN AUTHORIZED REPRESENTATIVE OF THAT ENTITY WITH THE AUTHORITY TO BIND THAT ENTITY TO THIS EULA; AND (ii) AGREE TO BE BOUND BY THIS EULA ON BEHALF OF THAT ENTITY. IF YOU DO NOT AGREE, THEN YOU MAY NOT USE THE SERVICE.
IMPORTANT NOTICE REGARDING ARBITRATION: WHEN YOU AGREE TO THIS EULA YOU ARE AGREEING (WITH LIMITED EXCEPTION) TO RESOLVE ANY DISPUTE BETWEEN YOU AND ZAM THROUGH BINDING, INDIVIDUAL ARBITRATION RATHER THAN IN COURT. PLEASE REVIEW CAREFULLY SECTION 23 “DISPUTE RESOLUTION” BELOW FOR DETAILS REGARDING ARBITRATION.
The parties hereby agree as follows:
Section 1. ZAM Service Overview
The Service is a collection of community forums, databases, articles, and Apps relating to online video games, and related Browser Extensions and APIs.
Section 2. Summary of Material Terms
As provided in greater detail in this EULA (and without limiting the express language of this EULA), you acknowledge that:
- by using the Service, you agree to be bound by this EULA;
- the APIs, Browser Extensions, and Apps are licensed, not sold, and you may use them only as set forth in this EULA;
- use of the Service may be subject to separate third party terms of service and fees, which you agree to comply with, including, without limitation, your mobile network operator’s (the “Carrier”) terms of service and fees, including fees for data usage, which are your sole responsibility;
- the Service is provided “as is” without any warranties, and ZAM’s liability to you is limited to the extent permitted by law;
- access to the Service, or to certain features of the Service, may require you to pay fees, and may provide you the option to activate recurring automatic payments for those fees. Before you pay any fees, including before activating or updating any recurring payments, you will have an opportunity to review them before you accept them; and
- if you are using the Apps on an iOS-based device, then you agree to and acknowledge the “ZAM Mobile Applications and Notice Regarding Apple,” in Section 27.
Section 3. Eligibility
You may use the Services only if you are at least 13 years of age (or such other minimum age at which you can provide consent to data processing under the laws of your territory), and not otherwise barred from using the Services under applicable law.
Section 4. Scope of License to Users
License Grant to You
The ZAM-created and owned Service is licensed, not sold, to you for use only under the terms of this EULA. Subject to your complete and ongoing compliance with the terms and conditions of this EULA, ZAM hereby grants you a personal, limited, revocable, non-transferable, non-exclusive, non-commercial, non-sublicensable license to: (a) download, install, and use the Browser Extensions on compatible authorized devices that you own or control; (b) access and use the APIs, and send and receive calls from the APIs, in the manner described by any accompanying documentation; (c) use the Apps on compatible, authorized devices that you own or control; and (d) access and use the Websites (including all content therein); in each case solely for your own internal use or for the entity on whose behalf you are authorized to act. Any other use of the Service and its components, other than as expressly permitted herein, is strictly prohibited.
You may not modify, alter, reproduce, or distribute the Service. You may not directly rent, lease, lend, sell, redistribute, or sublicense the Service. You may not copy, decipher, decompile, reverse engineer, disassemble, attempt to derive the source code of, modify, or create derivative works of any portion of the Service, any updates, or any part thereof (except as and only to the extent any foregoing restriction is prohibited by applicable law or the terms of any Third Party Service (as defined below)), nor attempt to disable or circumvent any security or other technological measure designed to protect the Service or any content available through the Service. You may not use the Service, or any portion thereof, for any commercial purpose or for the benefit of any third party or in any manner not permitted by this EULA. If you breach these license restrictions, or otherwise exceed the scope of the licenses granted in this EULA, then you may be subject to prosecution and damages, as well as liability for infringement of intellectual property rights, and denial of access to the Service.
Applicability to Updates
This EULA governs any updates provided to you by ZAM that replace or supplement the Service, unless the upgrade is accompanied by a separate license or revised EULA, in which case that license or revised EULA will govern.
Section 5. Accounts and Registration
Section 6. User Content
User Content Generally
Certain features of the Service may permit users to upload content to the Service, including comments, photos, video, images, data, text, screenshots, in-game data, and other types of works (“User Content”) and to publish User Content on the Service. You retain copyright and any other proprietary rights that you may hold in the User Content that you post to the Service.
Limited License Grant to ZAM
By posting or publishing User Content, to the fullest extent permitted under applicable law, you grant ZAM a worldwide, perpetual, non-exclusive, royalty-free, fully paid right and license (with the right to sublicense) to host, store, transfer, publicly display, publicly perform, reproduce, modify, create derivative works based upon, distribute, and otherwise use your User Content, in whole or in part, in any and all media or distribution methods (now known or later developed) in connection with operating and providing the Service.
Limited License Grant to Other Users
By posting or sharing User Content with other users of the Service, to the fullest extent permitted under applicable law, you grant those users a non-exclusive license to access and use that User Content as permitted by this EULA and the functionality of the Service.
User Content Representations and Warranties
You are solely responsible for your User Content and the consequences of posting or publishing User Content. By posting or publishing User Content, you affirm, represent, and warrant that:
- you are the creator and owner of the User Content, or have the necessary licenses, rights, consents, and permissions to authorize ZAM and users of the Service to exercise the licenses to User Content granted by you in this Section 6, in the manner contemplated by ZAM, the Service, and this EULA; and
- your User Content, and the use of your User Content as contemplated by this EULA, does not and will not: (i) infringe, violate, or misappropriate any third-party right, including any copyright, trademark, patent, trade secret, moral right, privacy right, right of publicity, or any other intellectual property or proprietary right; (ii) slander, defame, libel, or invade the right of privacy, publicity or other property rights of any other person; or (iii) violate (or cause ZAM to violate) any law or regulation.
Removal of User Content
You can remove your User Content by specifically deleting such User Content via the functionality of the Service. You should know that in certain instances, some of your User Content (such as posts or comments you make) may not be completely removed and copies of your User Content may continue to exist on the Service. To the maximum extent permitted by law, we are not responsible or liable for the removal or deletion of (or the failure to remove or delete) any of your User Content.
User Content Disclaimer
To the fullest extent permitted under applicable law, we are under no obligation to edit or control User Content that you or other users post or publish, and we expressly disclaim any and all liability in connection with User Content. ZAM may, at any time and without prior notice, screen, remove, edit, or block any User Content that in our sole judgment violates this EULA or is otherwise objectionable. You understand that when using the Service you will be exposed to User Content from a variety of sources and acknowledge that User Content may be inaccurate, offensive, indecent, or objectionable. You agree to waive, and do waive, any legal or equitable right or remedy you have or may have against ZAM with respect to User Content.
Section 7. Digital Millennium Copyright Act
ZAM respects copyright law and expects its users to do the same. It is ZAM’s policy to terminate in appropriate circumstances account holders who repeatedly infringe or are believed to be repeatedly infringing the rights of copyright holders. Please see ZAM’s Copyright Policy at https://corp.fanbyte.com/legal/copyright, for further information.
Section 8. Prohibited Conduct
By using the Service, you agree not to:
- use the Service for any illegal purpose or in violation of any local, state, national, or international law;
- violate, or encourage others to violate, any right of a third party, including by infringing or misappropriating any third party intellectual property right;
- post, upload, publish, send, transmit or otherwise distribute any User Content or other content that (a) infringes, misappropriates or violates a third party’s patent, copyright, trademark, trade secret, moral rights or other intellectual property rights, or rights of publicity or privacy; (b) violates, or encourages any conduct that would violate, any applicable law or regulation or would give rise to civil liability; (c) is fraudulent, false, misleading or deceptive; (d) is unlawful, defamatory, libelous, inaccurate, or that ZAM deems to be objectionable, profane, indecent, pornographic, harassing, threatening, embarrassing, hateful, or otherwise inappropriate; (e) promotes discrimination, bigotry, racism, hatred, harassment or harm against any individual or group; (f) is violent or threatening or promotes violence or actions that are threatening to any person or entity; or (g) promotes illegal or harmful activities or substances;
- use, display, mirror or frame the Service or any individual element within the Service, ZAM’s name, any ZAM trademark, logo or other proprietary information, or the layout and design of any page or form contained on a page, without ZAM’s express written consent;
- interfere with security-related features of the Service, including by disabling, avoiding, bypassing, removing, deactivating, impairing, descrambling or circumventing features that prevent or limit use or copying of any content or technological measure implemented by ZAM or any of ZAM’s providers or any other third party (including another user) to protect the Services, or attempting to probe, scan or test the vulnerability of any ZAM system or network or breach any security or authentication measures;
- attempt to access or search the Service or download content from the Service using any engine, software, tool, agent, device or mechanism (including spiders, robots, crawlers, data mining tools or the like) other than the software and/or search agents provided by ZAM or other generally available third-party web browsers;
- interfere with the operation of the Service or any user’s enjoyment of the Service, including by: (a) uploading or otherwise disseminating any virus, adware, spyware, worm, or other malicious code or overloading, flooding, spamming, or mail-bombing the Service; (b) making any unsolicited offer or advertisement in the form of promotional materials, email, junk mail, spam, chain letters or other form of solicitation to another user of the Service; (c) attempting to collect personal information about another user or third party without consent; or (d) interfering with or disrupting any network, equipment, or server connected to or used to provide the Service, or violating any regulation, policy, or procedure of any network, equipment, or server;
- use any meta tags or other hidden text or metadata utilizing a ZAM trademark, logo URL or product name without ZAM’s express written consent;
- perform any fraudulent activity including impersonating any person or entity, misrepresent your affiliation with any person or entity, claiming a false affiliation, accessing any other account on the Service without permission, or falsifying your age or date of birth;
- sell or otherwise transfer the access granted under this EULA or any Materials (as defined below) or any right or ability to view, access, or use any Material; or
- Forge any TCP/IP packet header or any part of the header information in any email or newsgroup posting, or in any way use the Services to send altered, deceptive or false source-identifying information;
- attempt to do, or assist or permit any third party in doing, any of the acts described in this Section 8.
ZAM is not obligated to monitor access to or use of the Service or to review or edit any content. However, we have the right to do so for the purpose of operating the Service, to ensure compliance with this EULA and to comply with applicable law or other legal requirements. We have the right to investigate violations of this EULA or conduct that affects the Service. We may also consult and cooperate with law enforcement authorities to prosecute users who violate the law.
Section 9. Third-Party Services, Third Party Fees, and Linked Websites
Access to Third Party Services
The Service may provide you with access to third party websites, databases, networks, servers, information, software, programs, systems, directories, applications, or products or services (collectively, “Third Party Services”). ZAM provides access to such Third Party Services only as a convenience and ZAM does not have or maintain any control over Third Party Services.
Disclaimer of Liability for Third Party Services
Section 10. Third-Party Software
Software you download in connection with the Service consists of a package of components that may include certain third party software (“Third Party Software”) provided under separate license terms (the “Third Party Terms”). Your use of the Third Party Software in conjunction with the Service in a manner consistent with this EULA is permitted, however, you may have broader rights under the applicable Third Party Terms, and nothing in this EULA is intended to impose further restrictions on your use of the Third Party Software.
Section 11. Fees; Payment Terms
Access to the Service, or to certain features of the Service, may require you to pay fees, and may provide you the option to activate recurring automatic payments for those fees. Before you pay any fees, including before activating or updating any recurring payments, you will have an opportunity to review the fees that you will be charged before you accept them. If you activate or update recurring payments through the Service, you authorize ZAM to periodically charge, on a going-forward basis and until cancellation, all accrued sums on or before the payment due date for the accrued sums plus any applicable taxes, and other charges, using the Payment Information (defined below) you have provided. ZAM will send you a reminder of such recurring payment with the then-current and applicable fees in accordance with applicable law. Recurring payments will continue until cancelled by you or we terminate your access to or use of the Service in accordance with this EULA. You may cancel recurring charges at any time via the functionality of the Service or by emailing ZAM directly at the applicable contact information listed in Section 26. It may take up to 10 business days for the update or cancellation to take effect. You will be responsible for all accrued sums (plus any applicable taxes and other charges) incurred for the then-current subscription period. If you cancel, your right to use the Services will continue until the end of your then current subscription period and will then terminate without further charges.
Whether you make a one-time payment of fees or active or update recurring payments through the Service (each, a “Transaction”), you expressly authorize us (or our third party payment processor) to charge you for such Transaction. Unless otherwise agreed, ZAM accepts credit cards through our third party payment processor. We may ask you to supply additional information relevant to your Transaction, including your credit card number, the expiration date of your credit card and your email and postal addresses for billing and notification (such information, “Payment Information”). You represent and warrant that you have the legal right to use all payment method(s) represented by any such Payment Information. When you initiate a Transaction, you thereby authorize ZAM to provide your payment details to our third party payment processor so we can complete your Transaction and to charge your payment method for the type of Transaction you have selected (plus any applicable taxes and other charges). You may need to provide additional information to verify your identity before completing your Transaction (such information is included within the definition of Payment Information). By initiating a Transaction, you agree to the pricing, payment and billing policies applicable to such fees and charges, as posted or otherwise communicated to you. All fees are in U.S. dollars and are non-refundable, except as expressly provided in this EULA. If ZAM changes the fees for the Service, including by adding additional fees or charges, you will be provided advance notice of those changes and the opportunity to accept the changes. If you do not accept the changes, ZAM may discontinue providing the Service to you.
Section 12. Termination of Use; Discontinuation and Modification of the Service
Consent to Use of Data
Your use of the Service is subject to all additional terms, policies, rules, or guidelines applicable to the Service or certain features of the Service that we may post on or link to from the Service (“Additional Terms”), such as end-user license agreements for any downloadable software applications, or rules applicable to a particular feature or content on the Service. All Additional Terms are incorporated by this reference into, and made a part of, this EULA.
Section 14. Modification of this EULA
We reserve the right, at our sole discretion, to change or update this EULA on a going-forward basis at any time. Please check this EULA periodically for changes. If you continue to use the Services after we have posted an updated EULA it means that you accept and agree to the changes. If you don’t agree to be bound by the changes, you may not use the Services anymore. Disputes arising under this EULA will be resolved in accordance with the version of this EULA in effect at the time the dispute arose. Because the Service is evolving over time, we may change or discontinue all or any part of the Service, at any time and without notice to you, at our sole discretion.
Section 15. Ownership; Proprietary Rights
The Service is owned and operated by ZAM. The visual interfaces, graphics, design, compilation, information, data, computer code (including source code or object code), products, software, services, and all other content and elements of the Service (“Materials”) provided by ZAM are protected by intellectual property and other laws. All Materials are the property of ZAM or our third-party licensors. Except as expressly authorized by ZAM, you may not make use of the Materials. ZAM reserves all rights not granted expressly in this EULA. You acknowledge that the Service is protected by copyright, trademark, and other laws of the U.S. and foreign countries. You agree not to remove, alter or obscure any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying the Service.
Section 16. Feedback
If you choose to provide input, feedback, comments, ideas, proposals and suggestions regarding problems with or proposed modifications or improvements to the Service (“Feedback”), then you hereby grant ZAM an unrestricted, worldwide, perpetual, irrevocable, non-exclusive, fully-paid, royalty-free right to exploit the Feedback in any manner and for any purpose without compensation to you.
Section 17. Indemnity
To the fullest extent permitted under applicable law, you are responsible for your use of the Service, and you will defend and indemnify ZAM and its officers, directors, employees, consultants, affiliates, subsidiaries and agents (together, the “ZAM Entities”) from and against every claim, liability, damage, loss, and expense, including reasonable attorneys’ fees and costs, arising out of or in any way connected with: (a) your access to, and use of, the Service; (b) your User Content; (c) your violation of any portion of this EULA, any representation, warranty, or agreement referenced in this EULA, or any applicable law or regulation; (d) your violation of any third-party right, including any intellectual property right or publicity, confidentiality, other property, or privacy right; or (e) any dispute or issue between you and any third party. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you (without limiting your indemnification obligations with respect to that matter), and in that case, you agree to cooperate with our defense of that claim.
Section 18. Disclaimers; No Warranties
THE SERVICE AND ALL MATERIALS, USER CONTENT AND THIRD PARTY SOFTWARE AVAILABLE THROUGH THE SERVICE ARE PROVIDED “AS IS” AND ON AN “AS AVAILABLE” BASIS. TO THE FULLEST EXTENT PERMITTED UNDER APPLICABLE LAW, THE ZAM ENTITIES DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, RELATING TO THE SERVICE AND ALL MATERIALS, USER CONTENT, THIRD PARTY SOFTWARE AVAILABLE THROUGH THE SERVICE, INCLUDING: (A) ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, QUIET ENJOYMENT, OR NON-INFRINGEMENT; AND (B) ANY WARRANTY ARISING OUT OF COURSE OF DEALING, USAGE, OR TRADE. THE ZAM ENTITIES DO NOT WARRANT THAT THE SERVICE OR ANY PORTION OF THE SERVICE, OR ANY MATERIALS, USER CONTENT OR THIRD PARTY SOFTWARE OFFERED THROUGH THE SERVICE, WILL BE UNINTERRUPTED, SECURE, OR FREE OF ERRORS, VIRUSES, OR OTHER HARMFUL COMPONENTS, AND DO NOT WARRANT THAT ANY OF THOSE ISSUES WILL BE CORRECTED. WE MAKE NO WARRANTY REGARDING THE QUALITY, ACCURACY, TIMELINESS, TRUTHFULNESS, COMPLETENESS OR RELIABILITY OF ANY INFORMATION OR CONTENT ON THE SERVICE.
TO THE FULLEST EXTENT PERMITTED UNDER APPLICABLE LAW, NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM THE SERVICE OR ANY MATERIALS OR USER CONTENT OR THIRD PARTY SOFTWARE AVAILABLE THROUGH THE SERVICE WILL CREATE ANY WARRANTY REGARDING ANY OF THE ZAM ENTITIES OR THE SERVICE THAT IS NOT EXPRESSLY STATED IN THIS EULA. YOU ASSUME ALL RISK FOR ANY DAMAGE THAT MAY RESULT FROM YOUR USE OF OR ACCESS TO THE SERVICE, YOUR DEALING WITH ANY OTHER SERVICE USER, AND ANY MATERIALS OR USER CONTENT OR THIRD PARTY SOFTWARE AVAILABLE THROUGH THE SERVICE. YOU UNDERSTAND AND AGREE THAT YOU USE THE SERVICE, AND USE, ACCESS, DOWNLOAD, OR OTHERWISE OBTAIN MATERIALS OR USER CONTENT OR THIRD PARTY SOFTWARE THROUGH THE SERVICE AND ANY ASSOCIATED SITES OR SERVICES, AT YOUR OWN DISCRETION AND RISK, AND THAT YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR PROPERTY, OR THE LOSS OF DATA THAT RESULTS FROM THE USE OF THE SERVICE OR THE DOWNLOAD OR USE OF THAT MATERIAL, USER CONTENT OR THIRD PARTY SOFTWARE.
SOME JURISDICTIONS MAY PROHIBIT A DISCLAIMER OF WARRANTIES AND YOU MAY HAVE OTHER RIGHTS THAT VARY FROM JURISDICTION TO JURISDICTION.
We make no claims that any Material or content within the Service therein is appropriate or may be downloaded outside of the U.S. or outside the country where such Material or any content was produced. Access to the Material or any other content within the Service may not be legal in certain countries or for certain persons. If you access any Material or other content from outside of the U.S., you do so at your own risk and are responsible for compliance with the laws of your jurisdiction. You agree to comply with: (i) all local rules regarding user conduct on the Internet and acceptable content; and (ii) all applicable laws regarding the downloading and/or transmission of technical data and other material from or to the U.S. and the country in which you are located.
Section 19. Limitation of Liability
TO THE FULLEST EXTENT PERMITTED UNDER APPLICABLE LAW, IN NO EVENT WILL THE ZAM ENTITIES BE LIABLE TO YOU FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES (INCLUDING DAMAGES FOR LOSS OF PROFITS, LOST REVENUE, LOST SAVINGS, LOST BUSINESS OPPORTUNITY, LOSS OF DATA OR GOODWILL, OR ANY OTHER INTANGIBLE LOSS; SERVICE INTERRUPTION, COMPUTER DAMAGE OR SYSTEM FAILURE OR THE COST OF SUBSTITUTE SERVICES OF ANY KIND) ARISING OUT OF OR RELATING TO YOUR ACCESS TO OR USE OF, OR YOUR INABILITY TO ACCESS OR USE, THE SERVICE OR ANY MATERIALS, USER CONTENT OR THIRD PARTY SOFTWARE ON THE SERVICE, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY, STATUTE, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT ANY ZAM ENTITY HAS BEEN INFORMED OF THE POSSIBILITY OF DAMAGE, EVEN IF A LIMITED REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.
THE AGGREGATE LIABILITY OF THE ZAM ENTITIES TO YOU FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THE USE OF OR ANY INABILITY TO USE ANY PORTION OF THE SERVICE OR OTHERWISE UNDER THIS EULA, WHETHER IN CONTRACT, TORT, OR OTHERWISE, TO THE FULLEST EXTENT PERMITTED UNDER APPLICABLE LAW, IS LIMITED TO THE GREATER OF: (A) THE AMOUNTS YOU PAID OR PAYABLE BY YOU TO ZAM FOR ACCESS TO AND USE OF THE SERVICE IN THE 12 MONTHS PRIOR TO THE EVENT(S) GIVING RISE TO THE CLAIM; OR (B) ONE HUNDRED DOLLARS ($100) IF YOU HAVE NOT HAD ANY PAYMENT OBLIGATIONS TO ZAM, AS APPLICABLE.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES. ACCORDINGLY, THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
EACH PROVISION OF THIS EULA THAT PROVIDES FOR A LIMITATION OF LIABILITY, DISCLAIMER OF WARRANTIES, OR EXCLUSION OF DAMAGES IS INTENDED TO AND DOES ALLOCATE THE RISKS BETWEEN THE PARTIES UNDER THIS EULA. THIS ALLOCATION IS AN ESSENTIAL ELEMENT OF THE BASIS OF THE BARGAIN BETWEEN THE PARTIES. EACH OF THESE PROVISIONS IS SEVERABLE AND INDEPENDENT OF ALL OTHER PROVISIONS OF THIS EULA. THE LIMITATIONS IN THIS SECTION 19 WILL APPLY EVEN IF ANY LIMITED REMEDY FAILS OF ITS ESSENTIAL PURPOSE.
Section 20. Third Party Disputes
ZAM IS NOT AFFILIATED WITH ANY CARRIER, SERVICE PROVIDER, OR THIRD PARTY SERVICE, AND ANY DISPUTE YOU HAVE WITH ANY CARRIER, SERVICE PROVIDER, THIRD PARTY SERVICE, OR OTHER THIRD PARTY, INCLUDING, WITHOUT LIMITATION, ANY OTHER USER OF THE SERVICE, IS DIRECTLY BETWEEN YOU AND THAT THIRD PARTY, AND YOU IRREVOCABLY RELEASE ZAM (AND OUR OFFICERS, DIRECTORS, AGENTS, SUBSIDIARIES, JOINT VENTURES AND EMPLOYEES) FROM ANY AND ALL CLAIMS, DEMANDS AND DAMAGES (ACTUAL AND CONSEQUENTIAL) OF EVERY KIND AND NATURE, KNOWN AND UNKNOWN, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THOSE DISPUTES.
Section 21. Governing Law
This EULA, and any action related thereto, will be governed by the Federal Arbitration Act, federal arbitration law and the laws of the State of California without regard to conflict of laws provisions. Except as otherwise expressly set forth in Section 23 “Dispute Resolution and Arbitration” the exclusive jurisdiction for all Disputes (defined below) that you and ZAM are not required to arbitrate will be the state and federal courts located in the Los Angeles County, California and you and ZAM each waive any objection to jurisdiction and venue in such courts.
Section 22. General
Section 23. Dispute Resolution and Arbitration
Section 23.1. Mandatory Arbitration of Disputes
We each agree that any dispute, claim or controversy arising out of or relating to this EULA or the breach, termination, enforcement, interpretation or validity thereof or the use of the Services (collectively, “Disputes”) will be resolved solely by binding, individual arbitration and not in a class, representative or consolidated action or proceeding. You and ZAM agree that the U.S. Federal Arbitration Act governs the interpretation and enforcement of this EULA, and that you and ZAM are each waiving the right to a trial by jury or to participate in a class action. This arbitration provision shall survive termination of this EULA.
Section 23.2. Exceptions
As limited exceptions to Section 23.1 above: (i) we both may seek to resolve a Dispute in small claims court if it qualifies; and (ii) we each retain the right to seek injunctive or other equitable relief from a court to prevent (or enjoin) the infringement or misappropriation of our intellectual property rights.
Section 23.3. Conducting Arbitration and Arbitration Rules
The arbitration will be conducted by the American Arbitration Association (“AAA”) under its Consumer Arbitration Rules (the “AAA Rules”) then in effect, except as modified by this EULA. The AAA Rules are available at www.adr.org or by calling 1-800-778-7879. A party who wishes to start arbitration must submit a written Demand for Arbitration to AAA and give notice to the other party as specified in the AAA Rules. The AAA provides a form Demand for Arbitration at www.adr.org. Any arbitration hearings will take place in the county (or parish) where you live, unless we both agree to a different location. The parties agree that the arbitrator shall have exclusive authority to decide all issues relating to the interpretation, applicability, enforceability and scope of this arbitration agreement.
Section 23.4. Arbitration Costs
Payment of all filing, administration and arbitrator fees will be governed by the AAA Rules, and we won’t seek to recover the administration and arbitrator fees we are responsible for paying, unless the arbitrator finds your Dispute frivolous. If we prevail in arbitration we’ll pay all of our attorneys’ fees and costs and won’t seek to recover them from you. If you prevail in arbitration you will be entitled to an award of attorneys’ fees and expenses to the extent provided under applicable law.
Section 23.5. Injunctive and Declaratory Relief
Except as provided in Section 23.2 above, the arbitrator shall determine all issues of liability on the merits of any claim asserted by either party and may award declaratory or injunctive relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by that party’s individual claim. To the extent that you or we prevail on a claim and seek public injunctive relief (that is, injunctive relief that has the primary purpose and effect of prohibiting unlawful acts that threaten future injury to the public), the entitlement to and extent of such relief must be litigated in a civil court of competent jurisdiction and not in arbitration. The parties agree that litigation of any issues of public injunctive relief shall be stayed pending the outcome of the merits of any individual claims in arbitration.
Section 23.6. Class Action Waiver
YOU AND ZAM AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. Further, if the parties’ Dispute is resolved through arbitration, the arbitrator may not consolidate another person’s claims with your claims, and may not otherwise preside over any form of a representative or class proceeding. If this specific provision is found to be unenforceable, then the entirety of this Dispute Resolution and Arbitration section shall be null and void.
Section 23.7. Severability
With the exception of any of the provisions in Section 23.6 (“Class Action Waiver”), if an arbitrator or court of competent jurisdiction decides that any part of this EULA is invalid or unenforceable, the other parts of this EULA will still apply.
Section 24. Consent to Electronic Communications
Section 25. Promotional Activities
Disclaimer, Release and Limit of Liability
ZAM MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, REGARDING ANY PRIZE OR YOUR PARTICIPATION IN ANY PROMOTIONAL ACTIVITY. BY ENTERING THE PROMOTIONAL ACTIVITY OR BY RECEIVING ANY PRIZE, YOU AGREE TO RELEASE AND HOLD HARMLESS ZAM, AND ITS SUBSIDIARIES, AFFILIATES, SUPPLIERS, DISTRIBUTORS, ADVERTISING/PROMOTION AGENCIES, ALL SOCIAL MEDIA NETWORKS (INCLUDING FACEBOOK AND INSTAGRAM), PRIZE SUPPLIERS, AND ANY OTHER ORGANIZATIONS RELATED TO THE PROMOTIONAL ACTIVITY, AND EACH OF THEIR RESPECTIVE PARENT COMPANIES AND EACH OF THOSE COMPANY’S OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS (COLLECTIVELY, THE “RELEASED PARTIES”) FROM AND AGAINST ANY CLAIM OR CAUSE OF ACTION, injuries, damages, expenses or losses to person or property and/or liabilities of any nature that in any way arise from participation in the promotional activity or acceptance or use of a prize or parts thereof, INCLUDING, BUT NOT LIMITED TO: (I) PERSONAL INJURY, DEATH, OR DAMAGE TO OR LOSS OF PROPERTY, ARISING OUT OF PARTICIPATION IN THE PROMOTIONAL ACTIVITY; (II) THE PRIZE, OR RECEIPT, POSSESSION OR USE OR MISUSE OF ANY PRIZE, OR FROM PARTICIPATION IN THE PROMOTIONAL ACTIVITY; (III) any condition caused by events beyond the Released Parties’ control that may cause the promotional activity to be disrupted or corrupted; or (IV) any printing or typographical errors in any materials associated with the Promotional Activity.
THE RELEASED PARTIES ARE NOT RESPONSIBLE FOR: (A) ANY INCORRECT OR INACCURATE INFORMATION, late, lost, delayed, damaged, postage-due, incomplete, illegible, misdirected or undeliverable entries, responses, or other correspondence, whether by email or postal mail or otherwise, WHETHER CAUSED BY ENTRANTS, PRINTING ERRORS OR BY ANY OF THE EQUIPMENT OR PROGRAMMING ASSOCIATED WITH OR USED IN THE PROMOTION; (B) TECHNICAL FAILURES OF ANY KIND, INCLUDING, BUT NOT LIMITED TO MALFUNCTIONS, INTERRUPTIONS, OR DISCONNECTIONS IN PHONE LINES OR ELECTRICAL, NETWORK, COMPUTER, HARDWARE OR SOFTWARE PROGRAMS; (C) UNAUTHORIZED HUMAN INTERVENTION IN ANY PART OF THE ENTRY PROCESS OR THE PROMOTIONAL ACTIVITY; (D) TECHNICAL OR HUMAN ERROR THAT MAY OCCUR IN THE ADMINISTRATION OF THE PROMOTIONAL ACTIVITY OR THE PROCESSING OF ENTRIES; OR (E) ANY INJURY OR DAMAGE TO PERSONS OR PROPERTY THAT MAY BE CAUSED, DIRECTLY OR INDIRECTLY, IN WHOLE OR IN PART, FROM YOUR (OR ANY OTHER ENTRANT’S) PARTICIPATION IN THE PROMOTIONAL ACTIVITY OR RECEIPT OR USE OR MISUSE OF ANY PRIZE. If for any reason your entry is confirmed to have been erroneously deleted, lost, or otherwise destroyed or corrupted, your sole remedy is another entry in the promotion, except that if it is not possible to award another entry due to discontinuance or completion of the promotion, or any part of it, for any reason, ZAM, at its discretion, may elect to hold a random drawing from among all eligible entries received up to the date of discontinuance for any or all of the prizes offered herein. No more than the stated number of prizes will be awarded. In event that production, technical, programming, or any other reasons cause more than the stated number of prizes as set forth in the applicable terms and conditions to be available or claimed, ZAM reserves the right to award only the stated number of prizes by a random drawing among all legitimate, unawarded, eligible prize claims.
Section 26. Contact Information
The Service is offered by ZAM Network, LLC, located at 12777 West Jefferson Blvd. – Building E, Los Angeles, CA 90066. You may contact us by sending correspondence to that address or by emailing us at the following email addresses:
|All other ZAM firstname.lastname@example.org|
Section 27. ZAM Mobile Applications and Notice Regarding Apple
If you comply with the terms and conditions of this EULA, ZAM grants to you a limited, non-exclusive, non-transferable, non-sublicensable license to download and install our Apps on your personal computers, mobile handsets, tablets, and/or other devices and to run the Apps solely for your own personal non-commercial purposes. Except as expressly permitted in this EULA, you may not: (a) copy, modify or create derivative works based on the Apps or the content within the Apps; (b) distribute, transfer, sublicense, lease, lend or rent the Apps to any third party; (c) reverse engineer, decompile or disassemble the Apps (unless applicable law permits, despite this limitation); or (d) make the functionality of the Apps available to multiple users through any means.
If you are using our Apps on an iOS device or acquired any of our Apps from the Apple App Store, the terms of this Section 27 apply. You acknowledge that this EULA is between you and ZAM only, not with Apple, and Apple is not responsible for the Service or its content. Apple has no obligation to furnish any maintenance or support services with respect to the Service. If the Service fails to conform to any applicable warranty, you may notify Apple and Apple will refund any applicable purchase price for the App to you; and, to the maximum extent permitted by applicable law, Apple has no other warranty obligation with respect to the Service. Apple is not responsible for addressing any claim by you or any third party relating to the Service or your possession or use of the Service, including: (i) product liability claims; (ii) any claim that the Service fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation. Apple is not responsible for the investigation, defense, settlement, or discharge of any third party claim that the Service or your possession and use of the Apps infringe that third party’s intellectual property rights. You agree to comply with any applicable third party terms when using the Service. Apple and Apple’s subsidiaries are third party beneficiaries of this Section 27 of this EULA, and upon your acceptance of this EULA, Apple will have the right (and will be deemed to have accepted the right) to enforce this Section 27 of this EULA against you. You hereby represent and warrant that: (1) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country; and (2) you are not listed on any U.S. Government list of prohibited or restricted parties.
Section 28. Game Play Competitions and Points
The below terms and conditions apply to any Competitions (defined below) hosted by ZAM on the Service. Additional terms and conditions may apply, and these terms and conditions may be found on the applicable Competition webpage.
The Service may permit users who have an active email account and Internet access to compete in certain game play or competitions offered via the functionality of the Service (each, a “Competition”), view Competitions, and compete for points (“Game Play Points”) based on the results of Competitions. Your skill, your skill relative to others, and the number of other users participating in a Competition are a few of the factors that may determine the amount of Game Play Points you may receive, if any. No entry fee, Game Play Points, or other consideration is required to participate in any Competition.
License to Game Play Points
Game Play Points are provided under a limited, non-transferable, non-sublicensable, revocable license to use within the Service in accordance with this EULA. You obtain no property interest in Game Play Points. You may not transfer, sell, auction, offer, or resell Game Play Points in any manner, including within or outside of the Service. We reserve the right to suspend or terminate the account of any user who transfers, sells, auctions, offers, or resells Game Play Points in violation of this EULA. We reserve the right to remove or modify Game Play Points from your account in our sole discretion and without notice. We have no liability for hacking or loss of your Game Play Points, and we have no obligation to reimburse you for any Game Play Points that are lost due to your violation of these Terms or any other reason.
No Value in Game Play Points
We may use other terms to describe Game Play Points, including, but not limited to, such terms as “gold”. Regardless of what we call them, Game Play Points are not real money and do not have monetary or financial value. We may distribute Game Play Points in our sole discretion. Any Game Play Point balance shown in your account does not constitute a real-world balance or reflect any stored value, but rather constitutes a measurement of the extent of the license granted to you by us. You acknowledge that Game Play Points are not real currency and are not redeemable from us at any time.
We may offer prizes, including cash, as indicated on the Competition webpage (each, a “Prize”), in association with Competitions. Any cash Prize is displayed and paid in U.S. dollars. Subject to applicable law, if we mistakenly credit a Prize to your account, we remain the owner of that Prize and may automatically deduct the mistaken Prize from your account upon discovery of our error and you will owe us the equivalent of any Prize mistakenly credited to you. Such obligation to reimburse us for any mistakenly credited Prize will survive any termination of this EULA or of your account.