GoZone Games adheres to the Safe Harbor Principles that were established by the U.S. Department of Commerce in consultation with the European Commission to comply with the European Commission’s Directive on Data Protection that went into effect in October, 1998.
Third Party Sites.
What is personal information and when does GoZone Games collect it?
Personal information is information that identifies you and may be used to contact you on-line or off-line. GoZone Games may from time to time collect personal information from our online visitors during (1) contests (registration or claiming a prize), (2) warranty registration and/or during customer support or technical service requests, (3) player match up or other online services, (4) registration for games or special game-specific event participation, (5) marketing surveys and email campaigns, (6) registration for membership on our sites, (7) when you order products or subscriptions from us online, or (8) when you request services from third party service providers on our site or (9) through use of our software or online services.
Information collected will vary depending upon the activity and may include your name, e-mail address, phone number, mobile number, home address, birth date, and credit card information. In addition, we may collect demographic information such as gender, zip code, information about your computer, hardware, software, platform, media, Internet IP address and connection, information about online activity such as GoZone Games usage, game play statistics and scores, user rankings and click paths and other data that you may provide in surveys or online profiles, We may combine demographic information with personal information. Prize winners may also be required to provide Social Security or Social Identification Number for tax purposes.
We do not require personal information to obtain access to any of our sites; however, you will not be able to access GoZone Games sites that require registration.
Whatever the purpose may be, we will only collect information to the extent required for GoZone Games to fulfill your requests and our legitimate business objectives.
GoZone Games Online Stores
Visitors purchasing goods and services through one of our online stores may need to provide a valid credit card number and expiration date, in addition to name, mailing address(es), phone number and e-mail address. Some of the GoZone Games online stores may employ third-party contractors whose opt-out instructions may vary from our own. Please see the GoZone Games online store for more information.
Online Chat Rooms and Profiles
You may choose to disclose information about yourself in our online chatrooms or in GoZone Games user “profiles” when you play games on our sites. Information that you disclose in chat rooms or in “profile” information is public information, and there is no expectation of privacy or confidentiality in either place. Please see our Terms of Service at terms.GoZone Games.com on this point and for other guidelines about posting content on our web sites.
Statistical and Usage Data
When you play our games on your PC, we may retrieve information about your hardware system and how your game is used, including your Internet Protocol Address. We may use this information to enable you to play your game over the Internet. We also may use this information to better understand the behavior and preferences of our customers, so that we can improve our products and services. We will never use this information to personally identify you without your knowledge or consent.
Our games may incorporate dynamic, rich media advertisement serving technology developed by GoZone Games or by another ad provider. These may enable advertising to be temporarily uploaded into the game on your PC or console, and replaced while you play online. We only log information that is needed by GoZone Games presentation of, and to serve advertising to the appropriate geographic region, and to the right location within the game. Logged data may include Internet Protocol Address or player’s user name, in game location, length of time an advertisement was visible, size of the advertisements, and angle of view. Your game may be assigned an id number, which is stored on your PC or console, and used by GoZone Games or Ad Providers to calculate the number of unique and repeat views of dynamic in game advertising. The id number is not associated with any personal data. No logged information is used to personally identify you. The servers used by GoZone Games or an Ad Provider may be located outside your country of residence. If you reside in a Member State of the European Union, the servers may be located outside of the European Union. This ad serving technology is integrated into the game; if you do not want to use this technology, do not play the game while connected to the Internet.
Your participation in tournaments or other online game events, is conditional upon you agreeing to us collecting, using, storing, transmitting and publicly displaying statistical data (such as your scores, rankings and achievements) generated through your participation.
A Special Note About Children
GoZone Games encourages parents to spend time online with their children. We urge parents to instruct their children to never give out their name, address or phone number, without permission, when using the Internet. We recognize a special obligation to protect personal information obtained from young children. Therefore, with respect to children residing in certain jurisdictions, no information should be submitted nor posted to GoZone Games' online sites by children 12 years of age or under. In order for children 12 years of age and under in such jurisdictions to participate in online activities that require registration, we require prior written permission or other verifiable consent from a parent or guardian. In other jurisdictions, prior written permission or other verifiable consent may be required from a parent or guardian for children under 14 or 18 years of age. Upon registration, the appropriate permission form will be made available. This form must be signed by the child's parent or guardian and returned to GoZone Games via email, fax or regular mail to GoZone Games, 122 Second Avenue, Suite 201, San Mateo, CA 94401. Children 12 and under may not be allowed to participate on certain sites. In some cases, we may not permit children under 14 or 18 years of age to participate in certain of our sites.
Once we have obtained parental consent, we are prohibited from conditioning a child's participation in an activity - like contests - on the child's disclosure of more personal information than is necessary to participate in the activity.
If for any reason you are concerned that your child's personally identifiable information maintained by GoZone Games is not correct or complete, should you wish to have your child's personal information deleted from our records, or if you want GoZone Games to discontinue further collection or use of your child's personal information, please contact GoZone Games through any of the above means. We will be happy to review, update or remove your child's information as appropriate.
What about cookies and other technologies?
Certain of our sites may use an outside ad company to display ads. These ads may contain cookies. Cookies received with banner ads are collected by these ad companies, and GoZone Games does not have access to this information. Most browsers are automatically set to accept cookies whenever you visit a website. You can disable cookies or set your browser to alert you when cookies are being sent. However some of our sites will not function properly if you do so. For more information concerning how to disable your cookies, please send an email to firstname.lastname@example.org.
Other technologies used may include clear GIFs and IP address logging. GoZone Games GIFs (a.k.a. web bugs, beacons or tags) are small graphic images placed on a web page, web-based document, or in an e-mail message. Clear GIFs are invisible to the user because they are typically very small (only 1-by-1 pixel) and the same color as the background of the web page, document or e-mail message. We do not use clear GIFs to collect personal information about you. However, we may use clear GIFs to capture statistical usage information for our web pages, features or other elements on a web page. We may correlate this information to a user to personalize user experience and for statistical analysis of user experiences on our web pages.
GoZone Games also maintains log files which contain Internet Protocol ("IP") addresses. An IP address is a numeric address that is assigned to your computer by your Internet Service Provider. In general, we only use log files to monitor traffic on our Web sites, to report aggregate information to our advertisers and to troubleshoot technical problems. In the event of user abuse of our websites, however, we may block certain IP addresses or console IDs provided by our licensed hardware manufacturers. IP addresses and console IDs may be used to personally identify you in order to enforce our Terms of Service.
What happens to the information provided?
GoZone Games does not disclose any personal information about children under 18 years of age who have registered on any of our websites to third parties, regardless of parental consent, or share or disclose personal information other than as set forth in this policy, provided however, that in the event of a merger, acquisition, or the unlikely event of bankruptcy, management of GoZone Games’ customer information may be transferred to its successor or assignee.
If you register to become a member of GoZone Games Online, your user name is reserved for you by GoZone Games, Inc.
The personal information you provide will allow us to alert you to new products, features and enhancements; special offers; upgrade opportunities; and contests and events of interest. From time to time, we are approached by companies and organizations that provide products or services that we believe may be of interest to you, and we may provide your personal information to such third parties. We see this as a value-added service helping you to find useful products or services. We strive to limit use of the information you provide to those offers that we think you would appreciate receiving. You may opt out of this service. See the opt-out information below. We may send emails that may contain information regarding third-party products or services; however, this doesn’t mean that we’ve traded your personal information to any party.
We may use survey information in marketing surveys to select and direct advertising that is more likely to be of interest to a particular member. This information may be transmitted to an ad server owned by the advertising company to match members with ads that they are more likely to be interested in. However, we do not disclose any member's personal information to our advertisers without the member's consent. Participation in member surveys is entirely optional. We may share aggregate consumer data (which does not contain personal information) with the advertising companies.
From time to time, GoZone Games may employ third-party contractors, to collect personal information on our behalf, or to provide email delivery, product or promotional fulfillment, or other services on our sites. When requesting these services, you may be asked to supply your name, mailing address, telephone number and email address. When our third-party contractors collect and/or have access to the personal information you provide when requesting such services from GoZone Games, GoZone Games requires that they adhere to our stated privacy policies and protect the confidentiality of personal information they collect or have access to in the course of their engagement by GoZone Games.
Finally, we may use your personal information for our internal marketing and demographic studies, so we can consistently improve our sites to better meet our visitors' needs. To enforce legal rights and comply with the law, or to comply with an order from a government entity or other competent authority, or when we have reason to believe that a disclosure is necessary to address potential or actual injury or interference with our rights, property, operations, users or others who may be harmed or may suffer loss or damage, we may also disclose personal information to law enforcement, or the appropriate civil authorities.
Where is the information held?
When we first collect information about you, we will offer you the opportunity to opt-out of having your personal information shared with parties outside of GoZone Games or its subsidiaries (except to the extent required by law, court order, or as requested by other government or law enforcement authority). In addition, if you do not want GoZone Games to send you e-mail or postal mail about our products and services, you can opt out at the time of registration or information collection. If, at a later date, you choose to have your name removed from our mailing list, you can do so by contacting GoZone Games via email, FAX, or by sending your request to our mailing address (supplied throughout this document). You may also click the unsubscribe link on our email offers and newsletters.
Safeguarding Your Personal Information
Review, Correction of Your Information and Requesting Removal from
Mailing Lists and GoZone Games activating Your Account
If for any reason you are concerned that the personal information maintained by GoZone Games is not correct, or should you wish to have your account(s) at GoZone Games activated or be removed from our mailing list, please email email@example.com. We will be happy to review, update or remove information as appropriate. We may still retain your information in our files however, to resolve disputes, enforce our user agreement, and due to technical and legal requirements and constraints related to the security, integrity and operation of our websites.
services, regardless of when they are added to GoZone Games Online, are governed by our Terms of Service.
Our player community is always evolving, so it's important that you periodically check here (as well as the rules and instructions in your favorite game areas) for updates and new information.
GoZone Games Online may update or revise the Terms of Service at any time. If you don't agree to the changes, or to any of the terms in this Terms of Service, your only remedy is not to use GoZone Games Online and to cancel any Account or services you have signed up for.
If you violate our Terms of Service, we may issue you a warning about the violation, or we may choose to immediately terminate any and all accounts that you have established. You acknowledge that GoZone Games, Inc is not required to provide you notice before terminating your Account, but it may choose to do so.
The Terms of Service and any posted rules or instructions regarding a particular game, activity, contest, or sweepstakes, constitutes the entire agreement between you and GoZone Games regarding your rights and obligations in your use of the Service. If there is any conflict between the Terms of Service and any other rules or instructions posted on GoZone Games, Inc , GoZone Games shall resolve the conflict in its sole discretion. If you have questions about the Terms of Service, please contact us by email firstname.lastname@example.org.
1. GoZone Games ONLINE ACCOUNT REGISTRATION.
When you complete an GoZone Games, Inc Online registration process, you create a GoZone Games Online Account and become a GoZone Games Online Member (“Member”). Your Account allows you to participate in certain games and activities on GoZone Games. To create an account, you must select a screen name, or a login name and a password. Your screen name, or login name is your GoZone Games online identity. You may not use a screen name or login name that is used by someone else, and your screen name or login name cannot be vulgar, or otherwise offensive, or be used in any way that violates the Terms of Service. You may not provide false information during the registration process. You must provide truthful and accurate information in creating your GoZone Games, Inc online Account.
You are solely responsible for all activity on your Account and for the security of your computer system. You may not reveal your password to other users. GoZone Games will not ask you to reveal your password or ever initiate any contact with you asking for your reminder words. (If you forget your password, you can tell us your reminder words and we will send you your password.) You agree to indemnify and hold GoZone Games harmless for any improper or illegal use of your Account. This includes illegal or improper use by someone to whom you have given permission to use your Account. Your Account is at risk if you let someone use it inappropriately and your Account in any of our services is subject to termination if you or anyone using your Account violates our Terms of Service. If your Account is terminated, you may not join GoZone Games online again without our express permission. If you wish to rejoin the service, please contact email@example.com.
YOUR SUBSCRIPTION FEES ARE PAYABLE IN ADVANCE AND ARE NOT REFUNDABLE IN WHOLE OR IN PART.
GoZone Games reserves the right to charge, or not charge for our games. We may change our fees or billing methods at any time. If you pay a periodic (e.g. monthly) subscription for our Service/s, GoZone Games will provide you with notice of any changes to our fees or billing methods in advance by posting such changes on the GoZone Games website/s. You are responsible for reviewing the GoZone Games website/s to obtain timely notice of such changes. Your continued use of the Service of thirty (30) days after posting of the changes on the GoZone Games website/s assumes that you accept such changes. If any change is unacceptable to you, you may cancel your subscription at any time, but GoZone 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.
A. Payment Option.
In the event that we are charging for a particular game, you may use a credit card to pay for a GoZone Games product. When you provide credit card information to GoZone Games, you represent to GoZone Games that you are the authorized user of the credit card that is being used to pay for the subscription or other fees. GoZone Games may reaffirm that GoZone Games is authorized to charge your credit card for the subscription fee from time to time. You agree to promptly notify GoZone Games of any changes to your credit card account number, its expiration date and/or your billing address, and you agree to promptly notify GoZone Games if your credit card expires or is canceled for any reason.
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. This means that, unless your Account or credit card information is obtained unlawfully or fraudulently by someone other than those authorized by you to use your Account, you will be responsible for all usage and purchases on your Account.
B. Fees Charged By Third-Party Sites And Vendors.
We may provide links to other web sites. Some of these web sites may charge separate fees, which are not included in any subscription or other fees that you may pay to GoZone Games. GoZone Games may also provide access to or through third-party vendors, who provide content, goods and or services on GoZone Games, Inc Online, the Internet or via wireless. Any separate charges or obligations you incur in your dealing with these third parties are your responsibility.
Termination Of Account.
GoZone Games and you both have the right to terminate or cancel your Account or a particular subscription at any time. You understand and agree that the cancellation of your Account or a particular subscription is your sole right and remedy with respect to any dispute with GoZone Games Online. This includes, but is not limited to, any dispute related to, or arising out of: (1) any term of this Terms of Service or GoZone Games’s enforcement or application of this Agreement; (2) the Content available through GoZone Games Online or any change in Content provided through GoZone Games Online; (3) your ability to access and/or use GoZone Games Online; or (4) the amount or type of fees, surcharges, applicable taxes, billing methods, or any change to the fees, applicable taxes, surcharges or billing methods.
You can cancel your Account or a particular subscription by delivering notice to GoZone Games Customer Service Department by emailing firstname.lastname@example.org. GoZone Games reserves the right to collect fees, surcharges or costs incurred before you cancel your Account or a particular subscription. In addition, you are responsible for any charges incurred to third-party vendors or content providers before your cancellation. In the event that your Account or a particular subscription is terminated or canceled, no refund will be granted; no online time or other credits (e.g., points in an online game) will be credited to you or converted to cash or other form of reimbursement, and you will have no further access to your Account or anything within GoZone Games Online associated with it (such as points, tokens or in-game items). Active GoZone Games Account holders may not allow former Account holders whose Account has been terminated by GoZone Games to use their Accounts. Any delinquent or unpaid Accounts or
2. ONLINE CONTENT.
By "Content," we mean, the software, communications, images, sounds, and all the material and information you see on our Service.
Strong vulgar language, crude or explicit sexual references, discussions of illegal drugs, and hate speech are always inappropriate Content for any GoZone Game online. Content standards may vary depending on the GoZone Game you are playing, or the expectations of the community. Some game play and chat rooms may involve use of stronger language than others, including mild expletives. Always use your best judgment in online conduct. If you would not say something in a room full of people you have never met, or in the workplace, don't post it on our message boards or chat.
GoZone Games representatives may monitor your communications on GoZone Games.. But we cannot monitor all of the Content on GoZone Games online, and we do not attempt to do so. Reading the game help documents or other players in the game is a great way to learn how to use these tools. If you encounter something you don't want to see, you can report it by emailing us at, email@example.com. GoZone Games does not endorse, approve, or prescreen any Content that you or other users communicate on the Service. To the maximum extent permitted by applicable law, GoZone Games does not assume any responsibility or liability for Content that is generated by Members or other guests on GoZone Games online. We reserve the right to remove content that is objectionable to us for any reason. This determination is in our sole discretion, and is final. GoZone Games does not assume any liability for any failure to remove, or any delay in removing, content.
If we removed content that you created, we may send you a warning. If it's a serious offense or you've violated our rules before, we may ban you from participating on GoZone Games online and terminate your Account.
You also acknowledge that the time that you spend on GoZone Games
is solely for entertainment purposes, and that no value can be attributed to such time. In particular (but without limitation), you understand that no value can be attributed to the time that you may spend accumulating digital objects (such as points, tokens and other in-game objects) or developing Content.
3. ONLINE CONDUCT.
Online conduct should be guided by common sense and basic etiquette. The laws that apply in the offline world must be obeyed online as well. We have zero tolerance for illegal behavior on GoZone Games. You must also obey rules for use of third party tools, and rules of interactive service providers, state, local, federal laws, or foreign or international law where appropriate. Ignorance of the law is no excuse. We terminate use of GoZone Games and cooperate with law enforcement for illegal behavior.
You agree that you will be personally responsible for your use of GoZone Games Online and for all of your communication and activity on the Service, including any Content you contribute, and that you will indemnify and hold harmless GoZone Games, its affiliates, employees, officers, and directors from any liability or damages arising from your conduct on any GoZone Game, including any content that you contribute.
You will violate the Terms of Service if you (or others using your Account) do any of the following:
· Post, transmit, promote, or distribute content that is illegal
· Harass, threaten, embarrass, or do anything else to another member or guest that is unwanted. This means: don't say bad things about them, don't keep sending them unwanted messages, don't attack their race, sexual orientation, religion, heritage, etc. If you disagree with someone, respond to the subject, not the person.
· Transmit or facilitate distribution of content that is 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. Hate speech is not tolerated.
· Disrupt the flow of chat in chat rooms with vulgar language, abusiveness, hitting the return key repeatedly or inputting large images so the screen goes by too fast to read, use of excessive shouting [all caps] in an attempt to disturb other users, “spamming” or flooding [posting repetitive text].
· Impersonate another person (including celebrities), indicate that you are a GoZone Games employee or a representative of GoZone Games, or attempt to mislead users by indicating that you represent GoZone Games or any of GoZone Games partners or affiliates.
· Attempt to get a password, other account information, or other private information from a member or any other user on GoZone Games. Remember: GoZone Games employees will NEVER ask for your password. Don't give your password, reminder words, or billing information out to anyone.
· Upload 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.
· Post messages for any purpose other than personal communication, including without limitation advertising, promotional materials, chain letters, pyramid schemes, or make any commercial use of our Service.
· Improperly use in game support or complaint buttons or make false reports to GoZone Games staff members.
· Use or distribute “auto” software programs, “macro” software programs or other “cheat utility” software program or applications.
· You may not modify any part of the Service or any Service Web Site that GoZone Games does not specifically authorize you to modify.
· You must obey all applicable laws, regulations and rules wherever you are on the Service. This includes rules for use of third-party technology and content, rules of interactive service providers, and federal, state, local and foreign laws where applicable. Ignorance of the law is no excuse. The laws that apply in the offline world must be obeyed online as well. We have zero tolerance for illegal behavior on the Service. We will cooperate with law enforcement in such matters.
· You may not post or communicate any player’s real-world personal information within the Service or through any Service Web Site or any Service bulletin board.
· You will not attempt to interfere with, hack into or decipher any transmissions to or from the servers running the Service.
· You will not exploit any bug in the Service or in any GoZone Games product to gain unfair advantage in the game and you will not communicate the existence of any such bug (either directly or through the public posting) to any other user of the Service.
· You will not attempt to play your GoZone Games game on or through any service that is not controlled or authorized by GoZone Games. You will not participate in any online service that provides online features or game play for your GoZone Games game that is not authorized by GoZone Games.
· You will not do anything that interferes with the ability of other Service users to enjoy playing a GoZone Games game and using the Service, in accordance with its rules, or that materially increases the expense or difficulty of GoZone Games in maintaining the Service for the enjoyment of all its users.
If you encounter another user of the Service who is violating any of the Rules of Conduct described above, please report them by emailing firstname.lastname@example.org
GoZone Games does not recognize or condone any outside service that may be used for the exchange of points, assets or attributes that you may accumulate as a result of participating in the Service or playing your GoZone Games game. We don’t assume any responsibility for, and won’t support, such transactions. ALWAYS USE CAUTION WHEN EXCHANGING ASSETS ON THESE SERVICES!
YOU FURTHER AGREE THAT THESE RULES WILL APPLY TO ANYONE THAT YOU ALLOW TO USE YOUR SERVICE ACCOUNT OR USER ID, AND THAT YOU ARE PERSONALLY RESPONSIBLE FOR THE CONSEQUENCES (INCLUDING TERMINATION OF YOUR ACCOUNT) THAT MAY RESULT IF ANY SUCH PERSON BREAKS ANY OF THESE RULES.
IN ORDER TO HELP MAKE THE SERVICE A GOOD EXPERIENCE FOR EVERYONE, GOZONE GAMES INC MAY OCCASIONALLY FIND IT NECESSARY TO MAKE CHANGES TO, OR RESET CERTAIN PARAMETERS OF, THE SERVICE IN ORDER TO BRING IT BACK INTO BALANCE. THESE CHANGES OR RESETS MAY AFFECT CHARACTERS OR TERMS UNDER YOUR CONTROL AND MAY CAUSE YOU SETBACKS WITHIN THE GOZONE GAME WORLD.
THESE RULES MAY BE CHANGED, AND NEW RULES MAY BE ADDED, AT ANY TIME. YOU AGREE TO CHECK THE SERVICE WEB SITE FROM TIME TO TIME TO REVIEW ANY RULE CHANGES THAT GOZONE GAMES, INC MAY HAVE MADE.
Public Nature of Communications.
You acknowledge and agree that your communications with other users via chats, conferences, bulletin boards, and any other avenues of communication on this Service are public and not private communications, and that you have no expectation of privacy concerning your use of this Service. You acknowledge that personal information that you communicate on this Service may be seen and used by others and result in unsolicited communications, therefore we strongly encourage you not to disclose any personal information about yourself in your public communications on our Service. GoZone Games is not responsible for information that you choose to communicate to other users on the Service, or for the actions of other users.
Once you post or send any Content to GoZone Games, you expressly grant GoZone Games, Inc the complete and irrevocable right to quote, re-post, use, reproduce, modify, distribute, transmit, broadcast, and otherwise communicate, and publicly display and perform the content in any form, anywhere, with or without attribution to your screen name in GoZone Games discretion, and without any notice or compensation to you of any kind and grant all licenses, consents and clearances to enable GoZone Games to use such Content for such purposes. You waive, and agree not to assert any moral or similar rights you may have in such Content.
Commercial Activity and Unsolicited E-mail.
You may not advertise any goods or services on any GoZone Game online. Chain letters and pyramid schemes are not allowed. You may not use GoZone Games to collect information, including login names, about GoZone Games online Members, and use of such information to send unsolicited e-mail or for any other purpose is strictly prohibited. You may not exploit GoZone Games, or any games or services offered on GoZone Games for any commercial purpose. Any violation of these provisions can subject your GoZone Games Account(s) to immediate termination (or result in revocation of Guest status, if you are a guest) and further legal action.
Use of Machines, Computers, Scripts.
The use of machines, computers, scripts or any automated system on any GoZone Game is strictly prohibited and may result in criminal liability under the Computer Fraud and Abuse Act, Section 1030 of the United States Code and/or under applicable laws in other jurisdictions. You may only play GoZone Games online games with one type, version or copy of browsing software application at any one time. GoZone Games may terminate and permanently disqualify any Members who, in its sole discretion, determines as being in violation of these Terms of Service. All decisions by GoZone Games are final.
Proprietary Rights; Copyrights and Trademarks.
Much of the content available on GoZone Games is owned by GoZone Games or our licensors, and is protected by copyrights, trademarks, and other intellectual property rights. You shall not copy or download any content from GoZone Games unless we have expressly authorized you to do so.
You must have the legal right to upload any content to GoZone Games before you do so. You shall not copy, transmit, modify, distribute, show in public or in private, modify or create any derivative works from the content you find on GoZone Games, unless GoZone Games expressly authorizes you to do so in writing. Making unauthorized copies of any content found on GoZone Games online can lead to the termination of your GoZone Games online Account(s) (or revocation of Guest status, if you are a guest) and may subject you to further legal action. Similarly, other content owners may take criminal or civil action against you. In that event, you agree to indemnify and hold harmless GoZone Games and its subsidiaries, affiliates, related companies, employees, officers, directors and agents.
GoZone Games respects the intellectual property rights of others. You may not upload or post on GoZone Games any content protected by copyright, trademark or other intellectual property rights (the “Intellectual Property Rights”) unless (i) you are the owner of the Intellectual Property Rights; or (ii) you have the prior written consent of the owner(s) of the Intellectual Property Rights to make such use of the applicable Content. GoZone Games may, without prior notice to you, remove from GoZone Games any content that GoZone Games in its sole business judgment believes may infringe the Intellectual Property Rights of a third party. If your Account is terminated, no refund will be granted, and you will lose access to everything associated with your Account (such as points, virtual property and tokens).
Community Web Pages
GoZone Games may offer server space to users to post “Community Web Pages”, which are web pages dedicated to particular products (“Web Hosting Service”). If so, the following regulations apply,
Registration. You must follow the registration procedures set forth on the Site, and provide us with any other registration information requested.
Community Web Pages.
As with all content on GoZone Games, you bear the entire risk of the completeness, accuracy, or usefulness of any Community Web Page posted.
The GoZone Game user is solely responsible for the Community Web Page that he or she posts. GoZone Games does not pre-screen Community Web Pages. However, GoZone Games reserves the right to remove from GoZone Games any online Community Web Page at any time and for any reason . Removal may be immediate and without notice. You may not use your Community Web Page to engage in any activity prohibited by these Terms of Service. You also may not post or maintain a Community Web Page that:
(a) is not devoted to the particular product or site offering the Web Hosting Service;
(b) has no activity for more than thirty (30) days;
(c) acts as a door or sign post to another home page, or is used for data warehousing (storing data that is accessed from other sites);
(d) restricts access to the Web Page through password protection or other means;
(e) contains links to pages containing Content that is not permitted on GoZone Games;
(f) reflects any conduct that GoZone Games determines is harmful to GoZone Games, another user, or any third party; or
(g) is used to send unsolicited email that uses the Site’s address, or refers to the Site.
(iii) No Guarantee of Availability. GoZone Games does not guarantee access to, or the availability of, any Community Web Page posted by you or another user. GoZone Games does not guarantee that a certain amount of space will be dedicated to Community Web Pages. GoZone Games reserves the right to change, withdraw, suspend, or discontinue any Web Hosting Service at any time, without notice. Users do not have the right to continued or uninterrupted use of any Community Web Page on GoZone Games online, or the right to post or maintain a Community Web Page. Without limiting the foregoing, GoZone Games has the right to: (1) limit or change the amount of server space available for Community Web Pages; (2) modify or remove Content on, or decrease the size of, Community Web Pages; (3) limit or change the duration of time that Community Web Pages may be hosted; and (4) remove or prevent any Community Web Page from being posted to GoZone Games online. GoZone Games is not obligated to make or keep backup copies of any Community Web Pages posted on GoZone Games, or of any content or Community Web Page modified or removed by GoZone Games.
User’s Computer Information.
Links to Third-Party Sites.
GoZone Games may include hyperlinks to web sites operated by parties other than GoZone Games including advertisers and other content providers. Those sites may collect data or solicit personal information from you. GoZone Games does not control such web sites, and is not responsible for their content, privacy policies, or for the collection, use or disclosure of any information those sites may collect.
Additional Terms and Conditions for Specific Games.
When you subscribe to play certain games, you may need to read and agree to a service or membership agreement that is specific to that game, and which may have terms that are different from the ones that are found here. Your subscription to that game, and play of that game, is subject to those specific terms and this Terms of Service. If there are any inconsistencies between the game specific terms and these terms, GoZone Games will be the final and sole arbiter of any such inconsistencies.
4. BETA TESTS.
You may be given the opportunity to beta test new games and site features. Your participation as a beta tester is subject to the following terms and conditions.
Closed Beta Tests:
Closed beta tests are confidential. The beta games, including information about features and functionality to be offered as part of the games, are confidential. If you participate in a closed beta test, you will use your best efforts to safeguard and to prevent unauthorized access to, copying, disclosure, and unauthorized use of the beta games. You will carry out the testing personally and not provide access to beta games to any other person. You agree that breach of the above confidentiality obligations will cause irreparable harm to GoZone Games, Inc, and GoZone Games is entitled to (in addition to any other remedies available to it) ex parte injunctive relief without bond to prevent the breach or threatened breach of your obligations. Your obligation to keep the beta games confidential will continue until GoZone Games publicly distributes, or has otherwise disclosed to the public through no fault of yours, the game/s and the content that you are testing.
All Beta Tests (Closed And Open):
(1) As a beta tester, you are invited to play beta games for the sole purpose of evaluating the games and identifying errors. Nothing in this Agreement, or on this site, shall be construed as granting you any rights or privileges of any kind with respect to the beta games or content that you find here. The beta games are provided for testing on an "as is" "as available" basis and we make no warranty to you of any kind, express or implied.
(2) When playing some beta games, you may accumulate points, or other value or status indicators. This data may be reset at any time during the testing process, and it may be reset when the particular game completes this testing phase. In this case, all player history and data will be erased.
(3) By selecting a "Play" button to start a beta game, you agree that: (i) playing beta games is at your own risk and that you know that the games may include known or unknown bugs, (ii) any value or status indicators that you achieve through game play may be erased at any time, (iii) GoZone Games has no obligation to make these games available for play without charge for any period of time, nor to make them available at all, (iv) these games may be available only by subscription once the testing process is complete or at any time in the future; (v) GoZone Games Terms of Service apply to your use of the games during the testing phase, and (vi) if it is a closed beta test, you will keep all information about the beta games confidential as stated above and not disclose such information to any other person.
(4) Beta Test accounts are non-transferable under any circumstances.
5. NEWSLETTERS, CONTESTS & SWEEPSTAKES
GoZone Games may, from time to time, ask if you would like to receive an electronic newsletter, or subscribe to a contest, or a sweepstakes. By subscribing to our newsletter(s), or a contest or sweepstakes, subscribers understand they may be automatically entered into future contests and sweepstakes for subscribers as long as they meet the applicable eligibility requirements, and also agree to all rules and conditions of those contests and sweepstakes.
6. LIMITATIONS ON WARRANTY AND LIABILITY.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, YOU EXPRESSLY AGREE THAT THE USE OF GoZone Games, AND THE INTERNET IS AT YOUR SOLE RISK. GoZone Games, GoZone Games PRODUCTS AND SERVICES, THIRD-PARTY SERVICES AND PRODUCTS ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS FOR YOUR USE, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, UNLESS SUCH WARRANTIES ARE LEGALLY INCAPABLE OF EXCLUSION. GoZone Games WILL HAVE ADEQUATE CAPACITY FOR THE SERVICE AS A WHOLE OR IN ANY SPECIFIC GEOGRAPHIC AREA.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, YOU ACKNOWLEDGE AND AGREE THAT YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY DISPUTE WITH GOZONE GAMES, INC OR ITS LICENSORS IS TO STOP USING THE SERVICE, AND TO CANCEL YOUR ACCOUNT) YOU ACKNOWLEDGE AND AGREE THAT GOZONE GAMES INC, ITS SUBSIDIARIES, LICENSORS AND AFFILIATES ARE NOT LIABLE FOR ANY ACT OR FAILURE TO ACT BY THEM OR ANY OTHER PERSON REGARDING CONDUCT, COMMUNICATION OR CONTENT ON THE SERVICE OR USE OF GOZONE GAMES INC. IN NO CASE SHALL GOZONE GAMES OR ITS SUBSIDIARIES, LICENSORS, AFFILIATES', EMPLOYEES', OFFICERS', OR DIRECTORS' (COLLECTIVELY, "GOZONE GAMES AFFILIATES") LIABILITY TO YOU EXCEED THE AMOUNT THAT YOU PAID TO GOZONE GAMES FOR THE SERVICE. IN NO CASE SHALL GOZONE GAMES, INC OR GOZONE GAMES AFFILIATES BE LIABLE FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING FROM YOUR USE OF GOZONE GAMES ONLINE,THE INTERNET OR FOR ANY OTHER CLAIM RELATED IN ANY WAY TO YOUR USE OF OR MEMBERSHIP WITH GOZONE GAMES, ONLINE. BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH STATES OR JURISDICTIONS, GOZONE GAMES AND GOZONE GAMES ONLINE AFFILIATES' LIABILITY SHALL BE LIMITED TO THE FULL EXTENT PERMITTED BY LAW. GOZONE GAMES DOES NOT ENDORSE, WARRANT OR GUARANTEE ANY THIRD PARTY PRODUCT OR SERVICE OFFERED THROUGH GOZONE GAMES ONLINE AND WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES.
Not withstanding the foregoing, nothing contained in this Agreement limits GoZone Games liability to you for fraudulent misrepresentations, death or personal injury caused by GoZone Games negligence, or any other liability to the extent such liability cannot be excluded or limited as a matter of applicable law.
Upon request by GoZone Games, you agree to defend, indemnify and hold harmless GoZone Games and its affiliates, subsidiaries, employees, contractors, officers, directors, vendors, and content providers from all liabilities, claims and expenses, including attorneys' fees, that arise from a breach of these Terms of Service for which you are responsible or in connection with your transmission of any Content on GoZone Games Online. GoZone Games reserves the right, at its 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 GoZone Games in that matter. This Section shall survive termination of this Agreement.
8. OTHER LEGAL TERMS.
If you reside in a Member State of the European Union: (i) the laws of England, excluding its conflicts-of-law rules, govern this Agreement and your membership; and (ii) you expressly agree that exclusive jurisdiction for any claim or dispute with GoZone Games or relating in any way to your membership or your use of GoZone Games Online resides in the Courts of England and you further agree and expressly consent to the exercise of personal jurisdiction in the courts of England in connection with any such dispute including any claim involving GoZone Games or its affiliates, subsidiaries, employees, contractors, officers, directors, vendors and content providers. If you reside in any other country: (i) the laws of the State of California, excluding its conflicts-of-law rules, govern this Agreement and your membership; and (ii)you expressly agree that exclusive jurisdiction for any claim or dispute with GoZone Games or relating in any way to your membership or your use of GoZone Games online resides in the courts of Northern California and you further agree and expressly consent to the exercise of personal jurisdiction in the courts of Northern California in connection with any such dispute including any claim involving GoZone Games or its affiliates, subsidiaries, employees, contractors, officers, directors, vendors and content providers. As noted above,member conduct may be subject to other local, state, national, and international laws.
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