These terms are effective from 27th of September, 2016.
1 About these terms
1.1 These terms apply to your download, access and/or use of Zero Point Developers applications, games, products, services, whether on your PC, on a mobile device, on our website www.zeropd.com (the “Website”) or any other website, or on any other device or platform (each a “Product” and together the “Products”). These terms also apply to any of our other services that we may provide in relation to the Products or the Website, such as customer support, social media and community channels (we refer to all our Products and other services collectively as the “Services” in these terms). These terms are a legal agreement and contain important information about your rights and obligations in relation to our games.
1.2 If you do not agree to these terms or any future updated version of them then you must not use, and must cease all use of, any of our Services. If any future update to these terms require a click to accept, then you may not be able to continue to use the Services until you have clicked to accept the updated terms.
1.4 You agree that you are at least 13 years old and that if you are between 13 years and 18 years old, your legal guardian has reviewed and agrees to these terms and is happy for you to access and/or use our Services.
1.5 We can make changes to these terms at any time in accordance with paragraph 14 below and your continued use of our Services after the terms have been updated shall confirm your acceptance of the updated terms.
2 About accessing and using our Services
2.1 The specific product rules, controls and guidelines for each Product can be found within the Product itself. Such rules, controls and guidelines form part of these terms and you agree that you shall comply with them in respect of each individual Product which you choose to access and/or use.
2.2 You are responsible for the internet connection and/or mobile charges that you may incur for accessing and/or using our Services. You should ask your mobile operator or internet service provider if you are unsure what these charges will be, before you access and/or use our Services.
2.3 There may also be times when our Services or any part of them are not available for technical or maintenance related reasons, whether on a scheduled or unscheduled basis.
2.4 You accept our products ‘as is’ and that we are not be liable in any way for error, omissions in any information, bugs or or any losses or harm of any kind resulting from the use of our Products.
2.5 We have the right to withdraw or modify our Products (in whole or in part) without notice and without liability to you from time to time:
- for technical reasons (such as technical difficulties experienced by us or on the internet);
- to allow us to improve user experience;
- where we have legal reasons for doing so (including privacy or other legal objections to the content or conduct of our Product);
- because it no longer makes business sense for us to provide the relevant Product; or
- because we have altered the services we provide.
3.1 You agree that you shall take all steps necessary to protect your log in details and keep them secret.
3.2 You agree that you shall not give your log in details to anyone else or allow anyone else to use your log in details or account.
3.3 In these terms, references to “log in details” or “account” include your log in details and account for any social network or platform that you may allow our Services to interact with.
3.4 If you fail to keep your login details secret, or if you share your login details or account with someone else (whether intentionally or unintentionally), you accept full responsibility for the consequences of this (including any unauthorized purchases) and agree to fully compensate us for any losses or harm that may result.
3.5 We will not be responsible to you for any loss that you suffer as a result of an unauthorised person accessing your account and/or using our Services and we accept no responsibility for any losses or harm resulting from its unauthorised use, whether fraudulently or otherwise.
3.8 You acknowledge and agree that you shall have no ownership or other property interest in any account that you create using any of our services. we may suspend, terminate, modify or delete any of these accounts at any time for any reason or no reason, with or without notice to you.
4. Virtual Goods
4.1 Our Products may include items or services for use with our Products (“Virtual Goods”). If you are over 18 years old you may be able to buy Virtual Goods. You agree that once purchased Virtual Goods have no monetary value and can never be exchanged for real money, real goods or real services from us or anyone else. You also agree that you will only obtain Virtual Goods only from us, and not from any third party. You agree that Virtual Goods are not transferrable to anyone else and you will not transfer or attempt to transfer any Virtual Goods to anyone else.
4.2 You do not own Virtual Goods but instead you purchase a limited personal revocable licence to use them – any balance of Virtual Goods does not reflect any stored value.
4.3 You agree that all sales by us to you of Virtual Goods are final and that we will not refund any transaction once it has been made. If you live in the European Union you have certain rights to withdraw from distance purchases; however, please note that when you purchase a licence to use Virtual Goods from us, you acknowledge and agree that we will begin the provision of the Virtual Goods to you promptly once your purchase is complete and therefore your right of withdrawal is lost at this point. For the purposes of this paragraph 4.3, a “purchase” is complete at the time our or third party server validate your purchase and the applicable Virtual Goods are successfully credited to your account.
Additionally you understand that we can’ t offer any refund or restore any purchase of Virtual Goods in the case of a device lose or damage.
4.4 We reserve the right to control, regulate, change or remove any Virtual Goods without any liability to you.
4.5 We may revise the pricing for Virtual Goods offered through the Services or third party services at any time. We may limit the total amount of Virtual Goods that may be purchased at any one time, and/or limit the total amount of Virtual Goods that may be held in your account in the aggregate. You are only allowed to purchase Virtual Goods from us or our authorized partners through the Services, and not in any other way.
4.6 Depending on your platform, any Virtual Goods purchased will be purchased from your platform provider and such purchase will be subject to their respective terms of service and user agreement. Please check usage rights for each purchase as these may differ from item to item. Unless otherwise shown, content available in any store has the same age rating as the product.
4.7 Without limiting paragraph 4.4, if we suspend or terminate your account in accordance with these terms you will lose any Virtual Goods that you may have and we will not compensate you for this loss or make any refund to you.
5 User conduct and content
5.1 You must comply with the laws that apply to you in the location that you access our Services from. If any laws applicable to you restrict or prohibit you from using our Services, you must comply with those legal restrictions or, if applicable, stop accessing and/or using our Services.
5.2 You promise that all the information you provide to us on accessing and/or using our Services is and shall remain true, accurate and complete at all times.
5.3 Information, data, software, sound, photographs, graphics, video, tags, or other materials may be sent, uploaded, communicated, transmitted or otherwise made available via our Services by you or another user (“Content”). You understand and agree that all Content that you may be sent when using our Services, whether publicly posted or privately sent, is the sole responsibility of the person that sent the Content. This means that you, not us, are entirely responsible for all Content that you may upload, communicate, transmit or otherwise make available via our Services.
5.4 You agree not to upload, communicate, transmit or otherwise make available any Content:
- that is or could reasonably be viewed as unlawful, harmful, harassing, defamatory, libellous, obscene or otherwise objectionable;
- that is or could reasonably be viewed as invasive of another’s privacy;
- that is likely to, or could reasonably be viewed as likely to incite violence or racial or ethnic hatred;
- which you do not have a right to make available lawfully (such as inside information, information which belongs to someone else or confidential information);
- which infringes any intellectual property right or other proprietary right of others;
- which consists of any unsolicited or unauthorised advertising, promotional materials, ‘junk mail’, ‘spam’, ‘chain letters’, ‘pyramid schemes’ or any other form of solicitation; or
- which contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment.
5.5 You agree that you will not:
- use our Services to harm anyone or to cause offence to or harass any person;
- create more than one account per platform to access our Services;
- use another person or entity’s email address in order to sign up to use our Services;
- use our Services for fraudulent or abusive purposes (including, without limitation, by using our Services to impersonate any person or entity, or otherwise misrepresent your affiliation with a person, entity or our Services);
- disguise, anonymise or hide your IP address or the source of any Content that you may upload;
- use our Services for any commercial or business purpose or for the benefit of any third party or to send unsolicited communications;
- remove or amend any proprietary notices or other ownership information from our Products or any other part of our Services;
- interfere with or disrupt our Services or servers or networks that provide our Services;
- attempt to decompile, reverse engineer, disassemble or hack any of our Services, or to defeat or overcome any of our encryption technologies or security measures or data transmitted, processed or stored by us;
- ‘harvest’, ‘scrape’ or collect any information about or regarding other people that use our Services, including, but not limited to any personal data or information (including by uploading anything that collects information including but not limited to ‘pixel tags’ cookies, graphics interchange formats (‘gifs’) or similar items that are sometimes also referred to as ‘spyware’ or ‘pcms’ (passive collection mechanisms);
- sell, transfer or try to sell or transfer an account with us or any part of an account;
- disrupt the normal flow of a Product or otherwise act in a manner that is likely to negatively affect other players’ ability to compete fairly when playing our Games or engaging in real time exchanges;
- disobey any requirements or regulations of any network connected to our Services;
- use our Services in violation of any applicable law or regulation;
- use our Services to cheat or design or assist in cheating (for example, by using automated means or third party software to play), or to otherwise circumvent technological measures designed to control access to, or elements of, our Services, or to do anything else that a reasonable person is likely to believe is not within the spirit of fair play or these terms; or
- use our Services in any other way not permitted by these terms.
If you are concerned that someone else is not complying with any part of these terms, please contact us here: www.zeropd.com/contact .
5.6 We do not control Content posted on our Services by other people and therefore we do not guarantee the accuracy, integrity or quality of that Content. You understand that when using our Services, you may be exposed to Content that you may consider offensive, indecent or objectionable. Under no circumstances will we be liable in any way for any Content, including, but not limited to, any errors or omissions in any Content, or any losses or harm of any kind resulting from the use of any Content posted, emailed, transmitted or otherwise made available via our Services.
5.7 We have the right to remove uploaded Content from our Services if we decide in our sole discretion that it results in or from a breach of any part of these terms, or that it may bring us or our Services into disrepute. However, you acknowledge that we do not actively monitor Content that is contributed by people that use our Services and we make no undertaking to do so.
5.8 You are solely responsible for your interactions with other users of our Services.
6 Your breach of these terms
6.1 We reserve the right to suspend or terminate your access to our Services immediately without notice (including by deleting your account) if we reasonably believe that you are in material breach of these terms (including by repeated minor breaches).
6.2 You agree to compensate us, according to law, for all losses, harm, claims and expenses that may arise from any breach of these terms by you.
7 Availability of the Services
7.1 We do not guarantee that any of our Services will be available at all times or at any given time or that we will continue to offer all or any of our Services for any particular length of time. We may change and update our Services without notice to you. We make no warranty or representation regarding the availability of our Services and reserve the right to modify or discontinue the Services in our sole discretion without notice, including for example, ceasing a Product or other Service for economic reasons due to a limited number of users continuing to make use of that Product or other Service over time, for technical reasons (such as technical difficulties experienced by us or on the internet) or to allow us to improve user experience. Notwithstanding anything to the contrary, you acknowledge and agree that any or all of our services may be terminated in whole or in part at our sole discretion without notice to you. you assume any and all risk of loss associated with the termination of our services.
8 Limitation of Liability
8.1 We shall not be liable for special, incidental, or consequential damages resulting from possession, use, or malfunction of the Products or any of our other services, including damages to property, computer failure or malfunction and, to the extent permitted by law, damages for personal injuries, even if we have been advised of the possibility of these damages.
8.2 We accept liability for death or personal injury resulting from our negligence or that of our employees or agents, and for losses or harm caused by fraud by us or our agents, or any other liability which may not by law be excluded.
8.3 We are not responsible for:
- losses or harm not caused by our breach of these terms or negligence;
- losses or harm which are not reasonably foreseeable by you and us at the time of you agreeing to these terms and conditions including those losses which happen as a side effect of foreseeable losses. This could include loss of data, loss of opportunity, service interruption, computer or other device failure or financial loss;
- any damage that may be caused to any device on which you access or use any of our Products or other Services that is caused in any way by our Services unless that damage is directly caused by our failure to exercise reasonable skill and care in the provision of the applicable Products or other Services;
- any increase in loss or damage resulting from breach by you of any of these terms and conditions; or
- technical failures or the lack of availability of any of our Services where these are not within our reasonable control.
8.4 We do not give any warranty, express or implied, in relation to our Services and you acknowledge that your only right with respect to any problems or dissatisfaction with any of our Services is to discontinue your use of our Services.
8.5 Any additional legal rights which you may have as a consumer remain unaffected by these terms.
9 Intellectual Property
9.1 You acknowledge that all copyright, trade marks, and other intellectual property rights in and relating to our Services (other than Content which is contributed and owned by players) is owned by or licensed to us.
9.2 Whilst you are in compliance with these terms, we grant you a non-exclusive, non-transferable, personal, revocable limited licence to access and/or use our Services (but not any related object and source code) for your own personal private use, in each case provided that such use is in accordance with these terms. You agree not to use our Services for anything else. These terms also apply to any update or patches which we may release or make available for any of the Services and any such update or patch shall be deemed part of the Services for the purposes of these terms.
9.3 You acknowledge and agree that, other than license granted to you by these terms, you shall have no ownership or property interest in any of our services, including without limitation online accounts, any virtual goods. You must not copy, distribute, make available to the public or create any derivative work from our Services or any part of our Services unless we have first agreed to this in writing.
9.4 In particular, and without limiting the application of paragraph 11.3, you must not make use or available any cheats or technological measures designed to control access to, or elements of, our Services, including providing access to any Virtual Goods, whether on a free of charge basis or otherwise.
9.5 By submitting Content via our Services you:
- are representing that you are fully entitled to do so;
- grant us the right to edit, adapt, publish and use your entry and any derivative works we may create from it, in any and all media (whether it exists now or in the future), for any purpose, in perpetuity, without any payment to you;
- acknowledge that you may have what are known as “moral rights” in the Content, for example the right to be named as the creator of your entry and the right not to have work subjected to derogatory treatment. You agree to waive any such moral rights you may have in the Content; and
- agree that we have no obligation to monitor or protect your rights in any Content that you may submit to us, but you do give us the right to enforce your rights in that Content if we want to, including but not limited to taking legal action (at our cost) on your behalf.
9.6 You must not copy, distribute, make available to the public or create any derivative work from any Content belonging to any other user of our Services. If you believe that your intellectual property rights have been infringed by someone else over the internet, you may contact us with the following information at www.zeropd.com/contact:
- a description of the intellectual property rights and an explanation as to how they have been infringed;
- a description of where the infringing material is located;
- your address, phone number and email address;
- a statement by you, made under penalty of perjury, that (i) you have a good-faith belief that the disputed use of material in which you own intellectual property rights is not authorised, and (ii) the information that you are providing is accurate, correct, and that you are authorised to act on behalf of the owner of an exclusive right that is allegedly infringed; and
- a physical or electronic signature of the person authorised to act on behalf of the owner of the exclusive right that has allegedly been infringed.
10.2 Any personal information that we may collect may also be subject to the policy of any social network that you may agree to link our Services to. If you use our Products and you agree to allow them to interact with a social network you are giving us permission to use your email address and any other personal information which that social network shares with us that will allow us to personally identify you. You are also granting us permission to help your contacts on that network find you so that you can use social features. This is intended to make our Products more enjoyable for you. If you do not agree to these practices you should not allow our Products to interact with your social network.
12 Transferring these terms
12.1 We may wish to transfer all or a part of our rights or responsibilities under these terms to someone else without obtaining your consent. You agree that we may do so provided that the transfer does not significantly disadvantage you. You may not transfer any of the rights we give you under these terms unless we first agree to this in writing.
13 Entire agreement
13.1 These terms set out the entire agreement between you and us concerning our Services (as defined in paragraph 1) and they replace all earlier agreements and understandings between you and us.
14 Changes to these terms
14.1 We reserve the right to update these terms from time to time by posting the updated version at this address. We may do so for a number of reasons including without limitation because we change the nature of our products or services, for technical or legal reasons, or because the needs of our business have changed. You agree that if you do not accept any amendment to our terms then you shall immediately stop accessing and/or using our Services.
15.1 If any part of these terms is held to be invalid or unenforceable under any applicable local laws or by an applicable court, that part shall be interpreted in a manner consistent with applicable law to reflect as nearly as possible our original intentions and the remainder of these terms shall remain valid and enforceable. If it is not possible to interpret an invalid or unenforceable part of these terms in a manner consistent with applicable law, then that part shall be deemed deleted from these terms without affecting the remaining provisions of these terms.
16 Waivers of our rights
16.1 Our failure to exercise or enforce any of our rights under these terms does not waive our right to enforce such right. Any waiver of such rights shall only be effective if it is in writing and signed by us.
17 Complaints and dispute resolution
17.1 Most concerns can be solved quickly by contacting us at www.zeropd.com/contact .
17.2 In the unlikely event that we cannot solve your concern and you wish to bring legal action against us these terms shall be governed by and construed in accordance with the laws of Greece.
18 Questions about these terms
18.1 If you have any questions about these terms or our Services you may contact us by email at www.zeropd.com/contact.