Important: Please read these Terms of Service carefully as they affect your legal rights and obligations. These terms contain a provision for alternative dispute resolution that may arise between users of our services and ZeyPlay or its corporate affiliates. Please see the section below that includes an arbitration agreement and agreement that all claims will be brought in an individual capacity only (and not as a class action or other representative proceeding). Please read it carefully. You may opt out of the arbitration agreement by following the opt-out procedure described therein.
Please read the following terms and conditions of these ZeyPlay Terms of Service (the "Agreement" or "ZeyPlay Terms of Service") carefully. This is a legal agreement between you and XADS Global LP, a company having its registered office at 85 Great Portland Street, London, W1W 7LT, United Kingdom ("ZeyPlay", "we" or "us") regarding the use of the platform located at www.zeyplay. com, all affiliate websites, including mobile websites and applications, owned and operated by us or our predecessors or successors in interest (collectively, the "Site", the "Platform"), all services, applications and products available through the Site, and all of our mobile applications that link to or reference this Agreement (collectively, the "Platform", the "Site" or "ZeyPlay Services").
This website and services provided herein are managed by: Company responsible for serving Managed service clients and other campaign management: XADS Global Company Number: LP20827 Address: 85 Great Portland Street, London, W1W 7LT, United Kingdom
«ZeyPlay» provides an online platform where individuals (the "Clients") wishing to receive in-game training and assistance (the "Services") and professional players and experts (the "Service Providers") wishing to offer such Services may identify and contact each other to provide the Services. Through the Services, ZeyPlay facilitates the provision of the Services to Clients and Service Providers (collectively "Users"), but does not act as a party to the Services or the Agreement (as defined below). Where Customers agree to the terms of use of the ZeyPlay Services, a Services Agreement ("Agreement") shall be formed directly between such Customers, subject to the provisions set out in Section 4 of this Agreement.
By using the ZeyPlay Services, you agree to these Terms of Service, our Privacy Policy and any additional terms applicable to certain programs in which you may participate or to any part of the ZeyPlay Services, as any of them may exist from time to time. If you do not agree to these Terms of Use of the ZeyPlay Services, you must immediately stop accessing or using the ZeyPlay Services. By registering an account on the Site ("Account"), you will be deemed to have entered into this Agreement and these Terms of Use of the ZeyPlay Services in electronic form, which will take effect on the date of registration of your Account. By registering your Account, you acknowledge that you may electronically receive, download and print this Agreement and any amendments to it.
We reserve the right to discontinue or modify any part of these ZeyPlay Services Terms of Use at any time as we deem necessary or desirable. We encourage you to review the Terms of Service from time to time to be aware of any such changes to the ZeyPlay Services. We will provide notice before any change to these Terms of Service that involves a material change to these Terms of Service of ZeyPlay Services. Your continued use of the ZeyPlay Services after we have updated these Terms of Service will constitute acceptance of the amended Terms of Service. Any changes to the Terms of Service will take effect from the specified effective date.
As between you and us, you own the User Content (as defined below). We own the content of the ZeyPlay Services, including but not limited to visual interfaces, interactive features, graphics, design, compilation, computer code, products, software, mobile applications, aggregate user review ratings and all other elements and components of the ZeyPlay Services, excluding User Content and any other content posted on the ZeyPlay Services (collectively, "Content" or "ZeyPlay Content"). We also own the copyrights, trademarks, service marks, trade names and other intellectual property rights and proprietary rights throughout the world associated with our Content and the ZeyPlay Services, which are protected by copyright, trade dress, patents, trademark laws and all other applicable intellectual property rights and proprietary rights. As such, you may not modify, reproduce, distribute, create derivative works or adaptations of, publicly display or in any way exploit any of our Content in whole or in part except as expressly permitted by us. Except as expressly and unambiguously stated herein, we do not grant you any express or implied rights, and all rights in the ZeyPlay Services are reserved by us.
1. Eligibility
In order to access or use the ZeyPlay Services and create an account as a Customer, you must be and hereby
confirm that
you are an individual 13 years of age or older, capable of entering into legally binding contracts. If you
are under the
age of 13, you must review these Terms of Service with your parent or guardian to confirm that you and your
parent or
guardian understand and agree to them. In some jurisdictions, for the purposes of this Agreement, such adult
will be
deemed to be a party to this Agreement on your behalf until you reach the age of 18.
You must be at least 18 years of age to register as a service provider. Please contact us at
[email protected] if you are
under 18 but wish to use the Platform or provide Training Services.
You may not access or receive the ZeyPlay Services if we have previously banned you from using the ZeyPlay
Services or
terminated your account.
The ZeyPlay Services are not intended for distribution or use in any jurisdiction or country where such
distribution or
use would be contrary to law or regulation or where ZeyPlay may be subject to any requirement to register in
such
jurisdiction or country. By registering, you confirm that you are not a member of any list of restricted
persons with
whom English companies are prohibited from doing business. You agree that you are not a citizen or resident
of any
geographical area in which access to or use of the Site is prohibited by applicable law, regulation,
ordinance,
regulation, contract or administrative act.
We reserve the right to limit the availability of the ZeyPlay Services and/or the provision of any content,
program,
product, service or other feature to any person, geographic area or jurisdiction at any time and in our sole
discretion,
and to limit the amount of any such content, program, product, service or other feature that we
provide.
By registering an Account, you agree to:
(a) be financially responsible for the use of the Site and the purchase and/or delivery of the Services;
(b) perform its obligations under any Agreement you have entered into, to the extent such obligations are
not prohibited
by applicable law or this Agreement. ZeyPlay reserves the right, in its sole discretion, to deny, suspend or
terminate
your access to the Site and the ZeyPlay Services if it finds that any information provided by you in any
form or posted
on the Site is not true, accurate or complete, or otherwise in violation of this Agreement, or for any other
reason or
no reason in ZeyPlay's sole discretion.
2. Availability of Services.
The ZeyPlay Services may be changed, updated, interrupted, suspended or discontinued at any time without
notice or
liability.
We do not guarantee that our Services will be available at all times, in all territories worldwide and/or on
all
devices. We do not guarantee a minimum offer period for any of our Services. We reserve the right to
discontinue all or
part of the Services at any time.
We reserve the right to change the price of Services, including changing the Service from paid to free and
vice versa.
The new price will only apply to orders placed after it takes effect.
3. User Accounts
To use ZeyPlay services, you may be required to create an Account and provide certain information about
yourself. If you
are a Service Provider, you represent and warrant that you will use your Account to sell your services to
others for the
purpose of entering into an independent contractor relationship with other Users of the ZeyPlay services.
You agree to
provide true, accurate and complete information on your Account and on all registration and other forms you
access
through the ZeyPlay Services or provide to us and to update your information to keep it true, accurate and
complete. You
may not impersonate another person or use another person's name.
You may only have one Account to use the ZeyPlay Services. You may not create or use more than one Account
and you may
not transfer your Account to others.
We reserve the right, in our sole discretion, to deny, suspend or revoke your access to the ZeyPlay Services
if we
determine that any information provided by you in any form or posted on the ZeyPlay Services is untrue,
inaccurate or
otherwise in violation of the ZeyPlay Services, or for any or no reason in our sole discretion. When you
create an
Account and from time to time thereafter, your Account may be subject to verification of your identity and
any
information you have provided to us, including but not limited to verification against third party databases
or
verification of one or more official government or legal documents evidencing your identity; and you
authorize ZeyPlay,
directly or through third parties, to make any requests necessary to confirm the foregoing, in accordance
with
applicable law.
Each User is responsible for maintaining the confidentiality of their Account password. You are also
responsible for all
activities that occur on your Account. You agree to notify us immediately of any unauthorized use of your
Account. You
agree not to use your Account, or the username or password of another ZeyPlay Services User, or disclose
your password
to any third party.
The ZeyPlay Services may be available through Facebook, Twitter, Google, Battle.net, Steam and other
services, which may
require you to have an active account with the applicable service, and you hereby represent and warrant that
you have
read and agree to be bound by all applicable policies that govern use of such service and to act in
compliance with
those policies, in addition to your obligations under these Terms of Service. If you access the ZeyPlay
Services using
Facebook, Twitter, Google, Battle.net, Steam or other services, you will provide ZeyPlay with your account
credentials
for such service, and you consent to the transfer of information in such account to your ZeyPlay Account,
and you agree
that you will only use accounts owned by you and not by any other person or entity.
4. Feedback and ratings
ZeyPlay encourages Customers to leave objective feedback of Service Providers with whom they have transacted
business.
As a Service Provider you acknowledge and agree that the Site contains public feedback from Customers with
whom you have
transacted business. You acknowledge that feedback results for you may consist of comments and ratings left
by your
Customers and that ZeyPlay may calculate the total number of reviews based on these individual ratings.
Service
Providers agree to be evaluated by their Customers based on several criteria as determined by ZeyPlay.
ZeyPlay provides
its feedback and rating system as a means by which Customers may publicly express their opinions, and
ZeyPlay does not
monitor or censor these opinions or verify any comments posted by Customers for accuracy or validity, unless
the User
brings the publication to ZeyPlay's attention. You may be held legally liable for damages suffered by other
Users or
third parties as a result of your statements if a court finds your statements to be legally reasonable or
defamatory.
ZeyPlay is not legally liable for any feedback or comments posted or made on this Site by any Users or third
parties,
even if that information is defamatory or otherwise legally responsible.
5. Relationship between Service Provider and Customer
Subject to the terms of this Agreement, ZeyPlay provides the ZeyPlay Services, including hosting and
maintaining the
Platform, setting up Contracts and resolving disputes relating to such Contracts, to Customers and Service
Providers.
You acknowledge and agree that entering into the Contract between the Customer and the Service Provider does
not, under
any circumstances, create an employment relationship between ZeyPlay and the Service Provider or a
principal-agent
relationship between the Customer and ZeyPlay.
a. Contract. Service Provider and Customer enter into an Agreement for the provision of specific Services
when they
agree the terms of the Services or, Customer accepts Service Provider's offer through the ZeyPlay Services
("Agreement"). You acknowledge and agree that ZeyPlay is not a party to any Contract and that entering into
a Contract
between Users in no way creates an employment or other service relationship between ZeyPlay and any User.
b. Provision of Services. Service Provider will perform the Services in a timely, professional and
conscientious manner.
Service Provider will comply with all laws and regulations applicable to Service Provider's obligations
under the
Contract.
The manner and means of performance of the Services will be determined and controlled solely by the Service
Provider,
who is engaged by the Client as an independent contractor.
c. Termination of Contract. Once the Client's balance has been debited for the Services provided under the
Contract, in
the absence of a full refund from the Service Provider to the Client, the Contract will not be terminated
until the
Services have been completed. However, the Client or the Service Provider shall have the right to terminate
the Contract
at any time with the consent of the other party or in the event of material breach by the other
party.
6. Terms of payment
a. Non-payment by the Customer. The Service Provider shall be entitled to charge a fee for each instance of
completed
Learning Services provided to the User and received through the Platform ("Contract Fee"). If Customer fails
to pay the
Contract Fee, whether by initiating an improper refund or in any other way, we may suspend or terminate
Customer's
Account and deny Customer access to the ZeyPlay Services and pursue all available remedies under the law. If
ZeyPlay is
forced to take legal action against the User, ZeyPlay shall also be entitled to recover attorneys' fees and
other
collection costs to the extent permitted by applicable law.
b. Taxes. Service Provider acknowledges and agrees that Service Provider shall be solely responsible for
- for all tax liability associated with payments received from Customers and through the ZeyPlay services
and that
ZeyPlay will not withhold any taxes from payments to the Service Provider;
- for obtaining any liability, health, workers' compensation, disability, unemployment or other insurance
required,
desirable or required by law and that the Service Provider shall not be entitled to any insurance from
ZeyPlay;
- for determining whether the Service Provider is required under applicable law to issue any specific
invoices for the
Contract Fee and for issuing such invoices;
- to determine whether the Service Provider is required under applicable law to remit to the relevant
authorities any
value added tax or any other taxes or similar charges applicable to the Contract Fee and to remit any such
taxes or
charges to the relevant authorities, as the case may be;
-In the event of an audit by ZeyPlay, Service Provider agrees to cooperate promptly with ZeyPlay and to
provide copies
of Service Provider's tax returns and such other documents as may reasonably be requested for the purposes
of such
audit, including but not limited to documents confirming that Service Provider is engaged in an independent
business as
represented by ZeyPlay. You acknowledge that you must comply with your obligations under the income tax
provisions of
your jurisdiction.
c. Service Fees. Fees for the use of ZeyPlay Services shall be paid exclusively by Service Providers. When
Customer pays
Service Provider or when funds related to the Contract are otherwise transferred to Service Provider,
ZeyPlay shall
automatically deduct the ZeyPlay Service Fee from the Contract Fee ("Service Fee")
Service Provider agrees that when the Customer pays Service Provider or funds related to the Contract are
otherwise
allocated to Service Provider, ZeyPlay shall first deduct the Service Fee for the creation, hosting,
maintenance and
provision of the ZeyPlay Services and then credit the balance to the Service Provider Account. The Customer
and the
Service Provider shall use the ZeyPlay Platform to pay and receive payment for the service if they have
identified each
other through the Platform.
d. Payment methods.
ZeyPlay may use different payment methods when transferring funds to Service Providers. Specifically,
ZeyPlay uses the
following methods: bank transfer, ACH, Visa and Mastercard direct debit.
You alone are responsible for User Content and it may not always be withdrawn once published. You assume all risks associated with User Content, including anyone's reliance on its quality, accuracy or reliability, or any disclosure by you in User Content that makes you personally identifiable. You represent that you own or have the necessary permissions to use and authorize the use of User Content as described herein. You may not imply that User Content is in any way sponsored or endorsed by ZeyPlay. You agree not to transmit User Content that: may create a risk of harm, loss, physical or mental injury, emotional distress, death, disability, disfigurement, physical or mental illness to you, any other person; may create a risk of any other loss or damage to any person or property; seeks to harm or exploit children by exposing them to inappropriate content, requesting personally identifiable information or otherwise; may constitute or contribute to a crime or tort; contains any information or content that we consider to be unlawful, harmful, offensive, racially or ethnically offensive, defamatory, infringing, invasive of privacy or publicity rights, harassing, degrading to others (publicly or otherwise), is defamatory, threatening, abusive, obscene, pornographic, patently offensive or advocating or otherwise inciting racism, bigotry, hatred or physical harm of any kind against any group or individual, or is otherwise objectionable; contains any information or content which is unlawful (including, without limitation, the disclosure of insider information under securities laws or trade secrets of another party); contains any information or content that you are not entitled to provide under any law or contractual or fiduciary relationship; contains any information or content that you know is not correct and relevant; includes the transmission of 'junk mail', 'chain letters' or unsolicited mass mailings, instant messages or 'spam'; contains restricted or password-only pages or hidden pages or images (those not linked to another accessible page), or solicits or is intended to solicit passwords or personal identification information for commercial or illegal purposes from other users; includes a photograph or video of another person that you have posted without that person's consent. You agree that User Content does not and will not infringe any third-party rights of any kind, including, without limitation, any intellectual property rights (as defined below) or privacy rights. We reserve the right, but have no obligation, to reject and/or remove any User Content that, in our sole discretion, violates these provisions. For purposes of these Terms and Conditions, "Intellectual Property Rights" means all patent rights, copyrights, mask rights, moral rights, publicity rights, trademark, trade dress and service mark rights, goodwill, trade secret rights and other intellectual property rights that may now exist or arise in the future, and all applications for and registrations, renewals and updates thereof under the laws of any state, country, territory or other jurisdiction.
You agree that you will not use your access to the ZeyPlay Services for any unfair advantage or fraudulent purposes in any games that you play with third parties. You agree that the ZeyPlay Services are intended solely for your entertainment and educational purposes. You also agree that you will not use the ZeyPlay Services to collect User Content from anyone, whether for commercial or any other use, without first obtaining their consent and first making it clear that you (and not us) are collecting their User Content. We are not responsible or liable in any way for any User Content that you or any other User or third party posts or submits via the ZeyPlay Services. You are solely responsible for the User Content and the consequences of its posting or publication, and you agree that we act merely as a passive conduit for your dissemination and publication of User Content on the Internet. You understand and agree that you may be exposed to User Content that is inaccurate, objectionable, inappropriate for children or otherwise inappropriate for your purposes, and you agree that we shall not be liable for any damages that you incur or allegedly incur as a result of any User Content posted on the ZeyPlay Services.
We may use User Content in a variety of ways, including publicly displaying it, reformatting it, incorporating it into advertising and other works, creating derivative works based upon it, promoting it, distributing it and permitting others to do the same in connection with their own websites and media platforms ("Other Media"). You hereby irrevocably grant us worldwide, non-exclusive, royalty-free, sub-licensable, transferable rights to use User Content for any purpose. You also irrevocably grant users of the ZeyPlay Services and any other media the right to access User Content in connection with their use of the ZeyPlay Services and any other media. You also irrevocably grant users of the ZeyPlay Service and any other media the right to access User Content in connection with their use of the ZeyPlay Service and any other media. You agree that User Content will be treated as non-confidential and non-proprietary and will not be returned. You also agree and acknowledge that your relationship with ZeyPlay is not a confidential, fiduciary or other special relationship and that no User Content is subject to any obligation of confidentiality on the part of ZeyPlay. Finally, you irrevocably waive any claims or assertions of moral rights or authorship with respect to User Content, and you do so with respect to us and our Users. By "use" we mean using, copying, publicly performing or displaying, distributing, modifying, translating and creating derivative works from User Content. USER CONTENT AND ACTIONS When you send, post, upload, embed, display, transmit, link, email or otherwise communicate or publish any information, message, image, photograph, video, file, text, personal or technical data, profile data or any other type of information or material, including, without limitation, recordings of your playing sessions or Services with a Service Provider (the "User Content") on ZeyPlay, to any ZeyPlay employee or contractor or on any ZeyPlay website or platform, you grant ZeyPlay and our affiliates, licensees, distributors, agents, representatives and other entities or individuals authorized by ZeyPlay, non-exclusive, worldwide, perpetual, unlimited, irrevocable, royalty-free, fully sub-licensable (through multiple tiers) and fully transferable right to exercise any and all copyrights, trademark rights, publicity rights and database rights that you have on User Content, in any media now known or hereafter developed and make, use, reproduce, copy, display, publish, exhibit, distribute, modify, sell, offer for sale, create derivative works based upon and otherwise use User Content. You acknowledge that ZeyPlay may record, store or distribute to third parties recordings of sessions in which you participate, either in whole or in part. You further acknowledge that ZeyPlay may edit any User Content that you submit without your permission before making it available to third parties for viewing or other use.
You acknowledge and agree that any activity or interaction taking place on the Platform may be streamed live for public viewing. You further acknowledge that ZeyPlay may use User Content, including your screen name, Account information or other information provided by you, to read the API and collect data about Services or interactions. Furthermore, you acknowledge that ZeyPlay may collect this data even when you are not directly using the Platform, but only to the extent that ZeyPlay uses this data to improve your experience on the Platform.
Please note that we may create, facilitate or display social advertising in which your name, profile
picture, session
feedback and other qualitative or quantitative data about you or data provided by you may be used to promote
products
and services based on your use of the Services and your interaction with ZeyPlay. You agree that ZeyPlay may
use your
name, profile picture and similar information in connection with social advertising to promote products and
services
based on your use of the Services and your interaction with ZeyPlay, the Service Provider and third parties
through the
Services.
You further agree that ZeyPlay is free to use any ideas or concepts contained in any User Content for any
purpose
whatsoever, including without limitation, developing, manufacturing and marketing products and services and
creating
informational articles, without any payment on your part. You authorize ZeyPlay to publish User Content in a
searchable
format that can be accessed by users of the Services and the Internet. To the maximum extent permitted by
law, you waive
any moral rights you may have in any User Content you submit, even if such User Content is modified or
altered in a
manner not to your liking.
ZeyPlay has no obligation to post, display or distribute, and may remove any User Content at any time.
ZeyPlay reserves
the right to change the format, size and any other display characteristics of User Content in its sole
discretion.
You represent and warrant that you own the User Content you post on, through or in connection with the
ZeyPlay Services
or otherwise have the right to grant the licenses set forth in this Section, and the posting of User Content
on, through
or in connection with the ZeyPlay Services does not violate the privacy rights, publicity rights,
copyrights, contract
rights or any other rights of any person or entity.
Unless otherwise stated in ZeyPlay's posted Privacy Policy or any other agreement about the ZeyPlay Services
provided at
the time you submit User Content, you agree that the User Content will be treated as non-confidential and
non-proprietary and will not be returned. You acknowledge and agree that your relationship with ZeyPlay is
not a
confidential, fiduciary or other special relationship. No User Content will be subject to any obligation of
confidentiality on the part of ZeyPlay.
You acknowledge and agree that, to the maximum extent permitted by applicable law and except to the extent
limited by
the Privacy Policy, ZeyPlay has no obligation to you with respect to User Content and that ZeyPlay may
monitor, display
or accept User Content and may remove it at any time. We may, but are not obligated to, review User Content
before
posting or distributing it on or through the ZeyPlay Services or allowing its distribution through the
ZeyPlay Services.
This includes personal messages exchanged between you and any Service Provider or any other User through the
ZeyPlay
Services. This User Content and Activities shall survive the expiration or termination of your relationship
with
ZeyPlay.
We have no obligation to enforce ZeyPlay's Terms of Service on your behalf against another User. Although we
encourage
you to inform us if you believe that another User has violated these Terms of Service, we reserve the right
to
investigate and take appropriate action at our discretion.
The following is a non-exhaustive list of prohibited actions that may lead to investigation by our employees
as well as
sanctions:
Attention! Information for PRO players!
In case of any damage to the business reputation of Zey Play, as a result of using cheats or any other
unfair use of software,
in order to mislead the staff or users of ZeyPlay, we will resort to any available means of protection!
- Violate the rights of third parties, including any breach of confidentiality, copyright, trademark,
patent, trade
secret, moral right, right of privacy, right of publicity or any other intellectual property or proprietary
right;
- Threaten, harass, harm or persecute others, or promote bigotry or discrimination;
- Use the ZeyPlay services for commercial purposes, except as expressly permitted by these ZeyPlay Services
Terms of
Use;
- Send bulk emails, surveys or other mass communications, whether commercial or non-commercial in nature;
participate in
spamming, key word or otherwise attempt to manipulate search results on the ZeyPlay Services or any third
party website.
- Request personal information from minors, or send or transmit pornography;
- Violate any applicable laws.
- Creating an Account with false information (email address, date of birth etc.).
The creation and use of an inappropriate username or avatar. This includes for example the use of names or
images that:
contain profanity, sexual references or expressions of hostility on any grounds, condone terrorism, fascism,
child
abuse; or - have a religious or political connotation or have the potential to cause controversy or
discord.
- Impersonating any user or our representatives. This includes, for example:
- creating an Account which bears a close resemblance to another existing Account or user, with the
purported intention
of impersonating such other user without his/her consent;
- sending comments or creating an Account that make other users believe they are coming from our
representative or a
person of similar authority.
Insulting, harassing, bullying users and/or our representatives (i.e., our staff, members of our community
(moderators,
star players, etc.)) through any form of communication (including, for example, through Content creation
tools, Forums,
in-game chat or via voice chat and communication), on any medium on the Services and/or on any third party
sites.
- This includes, for example:
- Trolling (posting deliberately controversial or off-topic posts with the intent to provoke other
users),
- Flaming (repeatedly insulting others),
- Spamming (posting meaningless or irrelevant messages or the same or similar messages over and over
again),
- Use of language or content that is inappropriate, illegal, dangerous, threatening, abusive, profane,
obscene,
indecent, vulgar, defamatory, personally targeted, hateful, racist, sexist, homophobic, transphobic,
ethically offensive
or that involves harassment and bullying.
- Threatening a minor, as well as any inappropriate behavior towards a minor, including:
- - grooming (encouraging users to engage in inappropriate or unlawful conduct on and/or off the
Service);
- Any comment, personal communication, user content relating to inappropriate behavior towards minors,
including, for
example, physical or sexual abuse, pornography or any other offensive content;
- any other actions or comments listed in this Code of Conduct that are directed at or affect minors.
Using any means not expressly permitted by us to collect or intercept data from other users within the
Services. This
includes, for example:
- phishing (attempting to obtain personal information, Account information or other private information from
any user);
- Doxing (disclosing or otherwise reproducing or making available to anyone else the personal information of
another
user);
- online surveillance (theft or interception of data by hijacking network traffic).
- The use of any item that infringes our or someone else's Intellectual Property Rights or other rights.
- Information leakage, i.e. creation, use, distribution and/or publication by any means, within and/or
outside the
Services, of any content that violates the duty of confidentiality, violates a person's right to privacy or
incites the
commission of an illegal act (such as piracy, hacking or distribution of counterfeit software).
- Selling, renting, trading, disposing of, modifying, decompiling, disassembling, unlocking technology,
translating,
adapting, reproducing, distributing, reposting, reprinting, transmitting, indexing, copying, extracting
and/or
automating any information, software, product or other element of the Content and/or Service by any means
without our
express prior permission.
- Altering, distorting, blocking, abnormally burdening, disrupting, slowing down and/or preventing the
normal
functioning of all or part of the Services, their availability to other users, the functioning of partner
networks of
the Services or attempting to do any of the above.
- This includes, for example, the execution of Distributed Denial of Service attacks (DDoS).
- Transmitting or distributing any virus, «Trojan Horse», «worm», «bomb», corrupted file and/or similar
destructive
device or corrupted data, and/or organizing, participating in any way in an attack on our servers and/or
Services and/or
services of our service providers and/or partners.
- Using or distributing computer programs «auto» or «macro», including, without limitation, any use and/or
distribution
of any cheats, hacks, bots, scripts, tutorials or software applications.
- Using or distributing the Services through a mirror site.
- Any other type of tampering that gives the user (and/or teammate(s)) an unfair advantage (e.g. wallhacks,
aimhacks) or
damages the interaction of other users.
- Exploiting another broadcaster's live stream to gain an unfair advantage or harassing the broadcaster
in-game, such as
streaming sniping.
- In-game harassment and disorderly in-game behavior, including, without limitation, killing within a team,
quitting due
to anger/extreme annoyance, blocking player interaction, and/or any other in-game behavior deemed to disrupt
or
interrupt the general flow of the gameplay.
- Using any failures or errors that provide an unfair advantage over other users or threaten the overall
balance or
economy of the Service.
- Profiting from or offering to help other users to gain an unfair advantage. This includes, for
example:
- joining forces with rogue users;
- joining forces with experienced users to increase their user level/stats in areas of the game usually
reserved for
beginners;
- Creating an alternate account to team up with newcomers or less experienced users in order to get unfair
help for them
to improve their level/statistics.
Accessing or seeking to access parts of the Services not approved by us;
-Creating, supplying or using alternative ways of using the Services, such as through server emulators;
- Reposting any previously moderated content on the Forums or other Services.
- Inappropriate use of the «help» service or «claim/report>> buttons, and sending inaccurate reports to
members of our
staff, including customer service.
- Deception, cancellation of credit card payments or «refundable payment» resulting in debt. Chargebacks can
include
credit card theft, identity theft or unauthorised use by family or friends.
- Fraud, an attempt to deceive or mislead others to get goods or money.
- Buying, selling, renting, sharing, lending, trading or otherwise transferring your Account and/or the
means to access
it and/or otherwise allowing a third party to benefit from it, whether through the Services or a third party
website.
- Refusing to carry out the instructions of our representative.
You also agree not to assist, encourage or enable others to do so:
- Violate the terms of service;
- Modify, adapt, appropriate, reproduce, distribute, translate, create derivative works or adaptations of,
publicly
display, sell, trade or in any way exploit the ZeyPlay Services or any Content posted on the ZeyPlay
Services (other
than User Content), except as expressly permitted by us;
- Use any robot, spider, site search/retrieval application or other automated device, process or means to
access,
retrieve, scrape or index any part of the ZeyPlay Services or any Content hosted on the ZeyPlay
Services;
- reverse-engineer any part of the ZeyPlay Services;
- Remove or alter any copyright, trademark or other proprietary rights notices that appear on any part of
the ZeyPlay
Services or on any Content printed or copied from the ZeyPlay Services;
- Record, process or mine information about other users;
- Access, retrieve or index any part of the Site or the ZeyPlay Platform;
- Reformat or frame any part of the ZeyPlay Services or Platforms;
- Take any action that creates or is likely to create, in our sole discretion, an unreasonable or
disproportionate
burden on our technology infrastructure or otherwise place excessive demands on the traffic of the ZeyPlay
Services;
- Attempt to gain unauthorized access to the ZeyPlay services, user accounts, computer systems or networks
connected to
the ZeyPlay services by hacking, password mining or any other means;
- Use the ZeyPlay Services or any Content hosted on the ZeyPlay Services to transmit any computer viruses,
worms,
defects, Trojan horses or other elements of a destructive nature (hereinafter "Viruses");
- Use any device, software or procedures that interfere with the proper operation of the ZeyPlay Services,
or otherwise
attempt to interfere with the proper operation of the ZeyPlay Services;
- Use the ZeyPlay services to breach the security of any computer network, crack passwords or security
encryption codes;
breach or interfere with the security or otherwise cause damage to the ZeyPlay services or the Content
hosted on the
ZeyPlay services;
- Remove, bypass, disable, damage or otherwise interfere with any security related features of ZeyPlay
services or
platforms, features that prevent or restrict the use of, or copying of Content hosted on ZeyPlay services or
features
that provide restrictions on the use of ZeyPlay services;
- Use your access to the ZeyPlay services to obtain any unfair advantage or cheating in any game, or in
breach of any
applicable terms of use of any such game.
Prohibited activities include, without limitation:
- Unauthorised advertising or inducing any user to buy or sell any products or services;
- circumventing or modifying, attempting to circumvent or modify, or encouraging or assisting any other
person to
circumvent or modify any security technology or software that is part of the ZeyPlay services;
- activities involving the use of viruses, bots, worms or any other computer code, files or programs that
interrupt,
destroy or limit the functionality of any computer software or hardware, or otherwise allow unauthorized use
of or
access to a computer or computer network;
- altering, copying, distributing, uploading, scraping or transmitting in any form or by any means, in whole
or in part,
any of the contents of the ZeyPlay Services;
- any automated use of the ZeyPlay Services, such as, but not limited to, the use of scripts to send
messages or posts;
- interfering with, disrupting or overburdening the ZeyPlay Services or the networks or services connected
to the
ZeyPlay Services;
- use of the ZeyPlay Services in a manner contrary to any applicable law;
Please read this section carefully as it limits the liability of ZeyPlay and its subsidiaries, affiliates, agents, employees, officers, directors and licensors (collectively referred to as "ZeyPlay Service Entities"). Each of the subsections below applies only to the maximum extent permitted by applicable law. Nothing herein is intended to limit any rights you may have and may not be restricted by law. The ZeyPlay Services are provided to you on an "as is", "with all faults" and "as available" basis. Your use of the ZeyPlay Services is at your own discretion and risk. ZeyPlay entities make no representations or promises regarding the quality, accuracy or reliability of the ZeyPlay Services, its security or integrity, or the content of the ZeyPlay Services. Accordingly, the ZeyPlay entities shall not be liable to you for any loss or damage that may occur. ZeyPlay entities make no representations or warranties whatsoever to any third party, such as the service providers listed in the ZeyPlay services, or the users of the ZeyPlay services. Accordingly, ZeyPlay entities will not be liable to you for any loss or damage that may result from their actions, including, for example, a negative experience with one of their users. Your purchase and use of products or services offered by third parties through the ZeyPlay Services is at your own discretion and risk. The ZeyPlay entities expressly disclaim all warranties, express or implied, including warranties regarding products or services offered by entities listed on the ZeyPlay services and implied warranties of merchantability, fitness for a particular purpose and non-infringement. No oral or written information or advice given to you by a representative of one of ZeyPlay's entities shall create a representation or warranty. Your sole and exclusive right and remedy for dissatisfaction with the ZeyPlay Services, the related services or any other claims will be your cessation and termination of your access or use of the ZeyPlay Services. The ZeyPlay entities disclaim liability and shall not be liable for any unpredictable, special, unpleasant, substantial, beneficial, relative, mediocre or consequential losses, loss of profit, interruption of business activities, damage to reputation, or loss of information or data. In no event shall ZeyPlay entities be liable for any injury, loss, claim, damage or any special, exemplary, punitive, incidental or consequential damages of any kind, whether based in contract, tort or otherwise, arising out of or in any way connected with any use of the ZeyPlay Services or Content hosted on the ZeyPlay Services, any failure or delay (including but not limited to the use or inability to use any component of the services or ZeyPlay services for reservations), the performance or non-performance of any business in connection with the services.
You agree to defend, indemnify and hold harmless the ZeyPlay Parties from and against any and all claims,
losses,
liabilities, damages, liabilities, costs or debts and expenses (including but not limited to lawyers' fees)
arising out
of:
- your use of and access to the ZeyPlay Services, including any data or content transmitted or received by
you;
- your violation of any term of these Terms of Service;
- your violation of any third party right, including, without limitation, any right to privacy or
intellectual property
rights;
- your breach of any applicable law, rule or regulation;
- any claim or damages arising as a result of any User Content or anything sent through your Account;
- access and use of the ZeyPlay Services by any other party with your username, password or other
appropriate security
code.
You will cooperate fully, as required by the ZeyPlay Parties, in the defence of any claim. The ZeyPlay
Parties reserve
the right to assume the exclusive defence and control of any matter otherwise subject to indemnification by
you and in
no event will you settle any claim without the prior written consent of a duly authorised officer of the
ZeyPlay
Parties.
In addition to acknowledging that ZeyPlay is not a party to any contract between Users, you hereby release
ZeyPlay and
our respective officers, directors, agents, subsidiaries, joint ventures and employees from claims, demands
and damages
(actual and consequential) of every kind and nature, known and unknown, arising out of or in any way
connected with any
dispute you have with another User, whether at law or in equity.
These indemnity obligations shall survive the expiry or termination of your relationship with ZeyPlay.
You may terminate the Terms of Service at any time by closing your Account, ceasing to use the ZeyPlay
Services and
giving notice of termination to ZeyPlay.
We may terminate your Account, suspend your ability to use certain parts of the ZeyPlay Services and/or
completely
prohibit you from using the ZeyPlay Services for any or no reason, without notice or liability of any kind.
Any such
action may terminate your access to your Account, the ZeyPlay Services, User Content or any other related
information.
In the event of any termination, whether by you or us, these Terms of Service will continue in full force
and effect,
including our right to use User Content.
Termination of this Agreement and/or closure of your Account shall not relieve Customer from the requirement
to pay for
Services rendered prior to the date of termination or thereafter under any Contracts entered into prior to
termination
of this Agreement, the fees and expenses for which, together with any applicable taxes and Contract Fees,
Customer
hereby authorises ZeyPlay to deduct from its Account balance.
You acknowledge that ZeyPlay has gone to great lengths to connect Customers and Service Providers through
the ZeyPlay
services. You agree not to circumvent or attempt to circumvent ZeyPlay by purchasing or offering Services to
any User
you originally identified through the ZeyPlay services, outside of the ZeyPlay services, or inviting
Platform Users to
receive Services outside of the Platform, or joining similar or competing platforms, or otherwise circumvent
ZeyPlay’s
role as payment processor or payment methods of the ZeyPlay services, and any violation of the foregoing
restrictions is
a material breach of this Agreement.
Without limiting ZeyPlay's other remedies, if you engage in conduct or activity that circumvents the Site or
otherwise
reduces the fees due to ZeyPlay or our Affiliates under this Agreement, you shall pay to ZeyPlay all fees,
due to
ZeyPlay and our Affiliates and reimburse ZeyPlay for all losses and expenses (including any and all of
ZeyPlay's
employee time) and reasonable expenses (including attorneys' fees) associated with the investigation of such
breach and
the collection of such fees. In addition, violations of this Agreement may be prosecuted to the full extent
of the law
and may result in additional fines and punishments.
A. ZeyPlay services Subject to the terms and conditions of these Terms of Service, you are hereby granted a non-exclusive, limited, non-transferable, revocable license to use the ZeyPlay Services for your personal, non-commercial use, unless otherwise permitted by these Terms of Service. You agree not to copy, extract content from the ZeyPlay Services by automated means or use any other technology or data mining process to frame or extract data or other material from the ZeyPlay Services unless you have written permission from ZeyPlay to do so. No materials from ZeyPlay Services may be copied, reproduced, modified, republished, uploaded, posted or distributed in any form or by any means without the prior written permission of ZeyPlay. ZeyPlay reserves all rights to the ZeyPlay Services and ZeyPlay Content not expressly granted herein. ZeyPlay may terminate this license at any time for any or no reason.
B. Mobile software
We may provide software to access the ZeyPlay Services via a mobile device ("Mobile Software"). In order to
use the
Mobile Software, you must have a mobile device which is compatible with the ZeyPlay Services. We do not
guarantee that
the Mobile Software will be compatible with your mobile device. We hereby grant you a non-exclusive,
non-transferable,
revocable license to use the compiled code copy of the mobile software for one ZeyPlay Account on one mobile
device,
owned or leased exclusively by you, for your personal non-commercial use, except as provided in these Terms
of Service.
You have no right:
-modify, disassemble, decompile or reverse engineer the Mobile Software except where such restriction is
expressly
prohibited by law;
rent, lease, lend, resell, sub-license, distribute or otherwise transfer the Mobile Software to any third
party or use
the Mobile Software to provide time sharing or similar services to any third party;
-make any copies of the Mobile Software;
-remove, bypass, disable, damage or otherwise interfere with the security features of the Mobile Software,
features that
prevent or restrict the use of, or copy any content accessible via the Mobile Software, or features that
provide
restrictions on the use of the Mobile Software;
- remove copyright and/or other proprietary notices on the Mobile Software. You acknowledge that we may from
time to
time release updated versions of the Mobile Software and may electronically update the version of the Mobile
Software
you are using on your mobile device. You consent to such automatic updates on your mobile device and agree
that the
terms and conditions of these Terms of Service shall apply to all such updates.
Any third party code that may be included in the Mobile Software is subject to the applicable EULA open
source license
agreement or third party license, if any, authorizing the use of such code. The above license grant does not
constitute
a sale of the Mobile Software or any copy thereof, and we or our third party partners or suppliers retain
all right,
title and interest in and to the Mobile Software (and any copy thereof).
You expressly acknowledge, agree and understand that:
(a) the ZeyPlay Services serve only as a place where Users may act as Customers and/or Service
Providers;
(b) ZeyPlay is not a party to any Contracts between Customers and Service Providers;
(c) You are not an employee of ZeyPlay and ZeyPlay does not supervise, direct or control the Service
Providers or their
Services in any way;
(d) ZeyPlay shall have no responsibility or liability under or in connection with the Contracts for any acts
or
omissions by You or other Users;
(e) ZeyPlay has no control over Service Providers or the Services offered or provided by Service
Providers;
(f) ZeyPlay makes no representations about the reliability, capability or qualifications of any Service
Providers or the
quality, safety or legality of any Services and ZeyPlay disclaims any and all liability relating thereto.
a. Arbitration. This agreement applies to all Users. The Arbitration Agreement includes an agreement that
all claims
will be brought in an individual capacity only (and not as a class action or other representative
proceeding). Please
read it carefully. You may opt out of the Arbitration Agreement by following the opt-out procedure described
therein.
b. Governing law and jurisdiction.
This Agreement and any non-contractual obligations arising out of or in connection with it shall be governed
by and
construed in accordance with the laws of England and Wales, subject only to any mandatory consumer law
provisions of the
country in which you reside. The United Nations Convention on Contracts for the International Sale of Goods,
and any
other similar laws, regulations or statutes in force in any other jurisdiction, shall not apply.
You and ZeyPlay irrevocably agree that the courts of the country in which You reside shall have
non-exclusive
jurisdiction to settle any dispute or claim (including non-contractual disputes or claims) arising out of or
in
connection with this Agreement, its subject matter or formation.
Alternatively, you may submit a dispute to an alternative dispute resolution body through the EU
Commission's online
dispute resolution (ODR) platform.
ZeyPlay is committed to complying with the copyright and related laws of the United Kingdom and requires all Users to comply with these laws. Accordingly, you may not use the Site to store any material or content or distribute any material or content in any way that constitutes an infringement of third party intellectual property rights, including rights granted under United Kingdom copyright law. If you are the owner of any copyrighted work and believe that your rights under United Kingdom copyright law have been infringed by any material on the Site, you may challenge the publication of that material under United Kingdom law. If you are a Title Holder and you believe that someone is using ZeyPlay to infringe your proprietary rights, you may send ZeyPlay the notice described below ("Notice") by email to [email protected]. In response to your Notice, ZeyPlay may remove or disable access to the allegedly infringing material and take such other action as we deem appropriate in our sole discretion. Please be aware that you may be liable for damages (including costs and attorneys' fees) if you materially misrepresent that the material is infringing. If we remove or deny access, we will attempt to contact the author of the allegedly infringing material so that they can provide a counter-notice.
A. User disputes
The Customer or the Service Provider may submit a request for dispute resolution through the ZeyPlay
Services. Any such
request must be made no later than 60 days after the last provision of Services under the Contract.
"Dispute" means a
dispute between the Customer and the Service Provider regarding the Contract.
ZeyPlay will notify the Customer and the Service Provider by providing a notice of dispute together with a
request for
information and supporting documentation (if any).
If the Customer and the Service Provider respond to the notice of dispute and request for information,
ZeyPlay will
review the documentation submitted and any information available through ZeyPlay relating to the dispute.
After review,
ZeyPlay will propose a binding decision based on the outcome of the review. You agree that ZeyPlay is
authorised to
decide the Dispute in its sole discretion. You agree that ZeyPlay's decision is final and that it may be
entered into
and enforced by any court of competent jurisdiction and you agree that ZeyPlay is authorized and irrevocably
instructed
to immediately release any funds held by ZeyPlay in accordance with its decision.
Except as provided in this Section 13A, we are not responsible for resolving any disputes between Users. In
the event of
a concern, claim or dispute, Users must communicate directly with the other party to resolve such concern,
claim or
dispute. If we receive a complaint against a User, we will investigate the complaint at our discretion and
may direct
the User to respond directly to the other party.
B. Entire Agreement / Severability
These Terms of Service and any amendments or additional agreements you may enter into with us in connection
with the
ZeyPlay Services constitute the entire agreement between you and us in relation to the ZeyPlay Services. If
any
provision of the Terms of Service is found invalid by a court of competent jurisdiction, the invalidity of
such
provision shall not affect the validity of the remaining provisions of these Terms of Service, which shall
remain in
full force and effect. This section shall survive the expiration or termination of your relationship with
ZeyPlay.
C. No Waiver
No waiver of any term of these Terms of Service will be deemed a further or continuing waiver of such term
or any other
term, and our failure to assert any right or provision under these Terms of Service will not constitute a
waiver of such
right or provision.
D. Third Party Beneficiaries and Agreements
If you have downloaded the Mobile Software from a third party website, you acknowledge and agree that such
third party
and its affiliates ("Third Parties") are third party beneficiaries of these Terms of Service and that upon
your
acceptance of the terms of these Terms of Service, the Third Parties will have the right (and will be deemed
to have
accepted the right) to apply these Terms of Service to you as a third party beneficiary. You agree to comply
with, and
your license to use, the Mobile Software and the ZeyPlay Services is conditional upon your compliance with
all
applicable third party agreements that may be applicable, when using the Mobile Software and/or the ZeyPlay
Services.
E. Assignment
This Agreement and any rights and licenses granted hereunder are not transferable or assignable by you, but
may be
assigned by us without restriction or notice.
F. References to third parties
The ZeyPlay Services may contain links to third party websites, advertisers, services, special offers or
other events or
activities that are not owned or controlled by us. We do not endorse and are not responsible or liable for
any such
third party websites, information, materials, products or services. If you access a third party site from
the ZeyPlay
Services, such as through Facebook Connect or Twitter, you do so at your own risk and understand that these
Terms of
Service and Privacy Policy do not apply to your use of such sites. You expressly release us from any
liability arising
in connection with your use of any third party website, service or content. Furthermore, your dealings with,
or
participation in promotions of, advertisers and businesses found on the ZeyPlay Services, including payment
and delivery
of goods, and any other terms and conditions (such as warranties), are the sole responsibility of you and
such third
parties. You agree that we will not be liable for any loss or damage of any kind arising from your dealings
with such
third parties.
G. Notifications
We may provide notices to you, whether such notices are required by law or intended for marketing or other
business
purposes, by notice by email to your registered email address, by written or paper notice, or by posting
such notice on
our website, Apple App Store or Google Play Store, as determined by us in our sole discretion. We reserve
the right to
determine the form and manner of providing notices to our Users, provided that you may opt out of certain
methods of
notification as described in these Terms of Service.
By registering an Account, you consent to receiving and accessing electronically, by email or through the
Site, all
records and service notices provided to you under the Terms of Service which we would otherwise be required
to provide
to you in paper form in accordance with applicable law. Your consent to receive records and notices
electronically will
continue until you revoke it. You can withdraw your consent to receive further records and notices
electronically at any
time by contacting us at [email protected].
If you revoke your consent to receive such records and notices electronically, we may, in our sole
discretion, revoke
your access to the ZeyPlay Services and you will no longer be permitted to use the ZeyPlay Services. Any
revocation of
your consent to receive records and notifications electronically will only take effect after we have had a
reasonable
period of time to process your request for revocation. Please note that your revocation of consent to
receive records
and notices electronically will not apply to records and notices electronically provided by us to you before
your
revocation of consent takes effect. Users are solely responsible for maintaining a current, active email
address
registered with ZeyPlay, for checking their email and for responding to notifications sent by ZeyPlay to the
User's
registered email address.
H. Contact us
If you would like to contact us with any questions, complaints or grievances regarding the ZeyPlay Services,
you should
visit our website www.zeyplay.com or send an email to [email protected]
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