Terms of Use
Valid from October 7th, 2020
Stand 7 October 2020
IMPORTANT NOTE: FOR US AND CANADA PLAYERS, DISPUTES BETWEEN YOU AND ZYNGA MUST BE RESOLVED BY BINDING ARBITRATION PROCEDURE, UNLESS EXCEPTIONAL EXCEPTIONS, MUST BE RESOLVED BY BINDING ARBITRATION.
Please see Section 15 (Arbitration Clause and Class Action Waiver) for more information.
Zynga wants to bring the world together through gaming.
We provide fun, collaborative entertainment experiences to people around the world.
Please read these Terms of Use and our Privacy Policy before using Zynga services.
These Terms of Use set out the terms and conditions that apply to your use of our Services (described below).
By using our services, you implicitly declare your acceptance of these terms and conditions.
If you do not agree to all provisions of the Terms of Use, you may not use our services.
Our privacy policy explains how we collect, store, use, disclose and otherwise process your personal data while we are providing our services to you, and the policy describes your rights and other options with regard to your data.
By using our services, you accept our applicable data protection guidelines.
If you do not want Zynga to collect, store or pass on your data in accordance with the data protection guidelines, you must not use our services.
The terms “Zynga”, “we”, “our” or “us” in these Terms of Use refer to Zynga Inc. and the Zynga family of companies.
Zynga Inc. is headquartered at 699 8th Street, San Francisco, California 94103. In all cases, “Zynga,” “we,” or “us” includes agents, consultants, employees, officers and directors.
1. DEFINITIONS
“Account” is the account that you create when you access the Services.
“Community rules” are the rules of conduct that determine how you deal with our services and other players, and which can be found here.
“Features Terms of Use” means any other set of rules for certain services such as platforms and APIs, mobile applications, forums, contests, subscriptions or loyalty programs that we publish that are applicable to your use of those particular services and that state that they are Are part of these terms of use.
“Offers” means special programs, including special offers, excursions and special gifts, both digital and physical, that Zynga may offer from time to time to certain Eligible Players.
“Services” means our games, products, services, content, Zynga.com and / or other domains or websites operated by Zynga.
"Terms of Use" are these Terms of Use.
"User content" is all data that you upload, transfer, create or generate on or through the services.
These include, for example, your profile picture, your in-game text messages or video chats, as well as your in-game artwork or other content that you have written or designed.
“Virtual Items” means (a) virtual currency, including virtual coins, cash, tokens or points for use within the Services and (b) virtual game items.
The “Zynga Family of Companies” includes Zynga's subsidiaries and parent companies, joint ventures and other jointly owned legal entities and their agents, consultants, employees and chief executives.
“Zynga's Partner” means the Zynga family of companies and the third party content providers, distributors, licensees and givers of the Zynga family of companies.
2. CHANGES TO THE TERMS OF USE
We reserve the right, at our discretion, to change, edit, add or remove portions of the Terms of Use, Community Rules, or Terms of Use of Features by posting the revised Terms of Use, Community Rules, or Feature Terms of Use on our websites or within of the Services (such as through in-game notices).
If necessary, we will point out significant changes separately via email messages or messages within the services.
Unless otherwise stated by us, changes are effective from the moment they are published.
New versions of the Terms of Use, Community Rules, and Terms of Use of Features, as well as any other rules, regulations, or guidelines are available at www.zynga.com or within the Services.
If you continue to use the Services after changes have been posted, you agree that the changes will apply to your continued use of the Services.
You cannot make changes to the Terms of Use, Community Rules, or Feature Terms of Use unless both you and Zynga sign a written amendment.
In the event of a dispute between you and Zynga, the version of the Terms of Use, Community Rules and Features Terms of Use in effect at the time Zynga is notified of the dispute will prevail.
In the event of a conflict between any of the terms or information in the Terms of Use or our Privacy Policy and any other Zynga term or rule, these Terms of Use and the Privacy Policy shall prevail.
3. ACCOUNT DETAILS AND SECURITY
In order to use our services, we may ask you to create an account and choose a password and / or provide us with certain personal data.
These can include your name, your date of birth, your email address and, in certain cases, your payment details.
This information is retained and used in accordance with the provisions of Zynga's privacy policy.
You undertake to provide Zynga with correct, complete and current data, in particular your email address.
It is your responsibility to keep your account secure.
Do not give your account information to third parties and do not allow third parties to use or access your account.
All actions taken through your account will be considered as taken by you.
You are therefore responsible for all actions that are carried out using your account, regardless of whether they have been authorized by you.
This includes purchases made with a payment instrument (such as a credit card or PayPal) and you hereby certify that you will be responsible for any losses incurred by us or other players on our services as a result of the use of your account by a third party can be.
If you become aware of the loss, theft, fraud or unauthorized use of your account or account password, or if you suspect it, please inform us immediately.
4. USE OF OUR SERVICES
Who can use our services: We are happy that you want to play our games, but there are restrictions on who can use our services.
You may not use our services if the following applies:
You are unable to enter into a binding contract with Zynga.
You are under 13 years of age (or under 16 if you reside in the European Economic Area ["EEA"]) - in which case you may not create an account, use any of our services or transfer any personal data via the services or to Zynga ( for example your name, address, telephone number or email address).
This limitation does not apply if a Zynga Service has an age verification system that collects information about the age before a user can proceed and that age verification system allows users who indicate their age under 13 (or under 16 in the EEA) to to use the service. (
As described in our Privacy Policy, we either provide a version of this service that does not collect, use, or disclose personal information except as required by applicable data protection law, including the Children's Online Privacy Protection Act, or we require legal guardian consent .)
You are not authorized to purchase products, including services or software, from the United States - for example, you live in a country that has been embargoed by the United States or on the list of "Specially Designated Nationals" of the US Ministry of Finance.
You are a convicted sex offender.
You have previously been banned from a Zynga service or have been prohibited from playing a Zynga game, unless Zynga has lifted this ban in its sole discretion.
If you are under 18 years of age or have not yet reached the age of majority in your country of residence, you hereby confirm that your legal guardian has reviewed and agreed to these Terms of Use.
Additional essential rules and regulations:
When using our Services, you must comply with Zynga's Community Rules and all applicable Feature Terms of Use.
These additional rules and regulations are in addition to these Terms of Use and are material.
Please read them through.
If you access the services via a social network such as Facebook or download the services via a platform such as Apple or Google, you must comply with the terms of use of the respective third party in addition to these terms of use.
Access to our services:
In order to access or play our games or to create an account with us, you may be required to have an account with a social network such as Facebook.
In the case of our mobile device services, this may be an account with the company providing your mobile applications, such as an Apple iTunes account.
From time to time it may be necessary to update third party software in order to maintain the Services and play Zyngas Games.
We provide the games and other services.
You provide the device (computer, mobile phone, tablet, etc.) and bear all costs incurred for the connection to the Internet and app stores as well as for cellular data transfer to connect to the services and use the services.
Changes to the service and restrictions:
Our services are constantly evolving and we are entitled to request your consent to changes to the services, as well as to the terms of use, community rules, terms of use of features and data protection guidelines from Zynga.
From time to time it may be necessary for you to update the game or the software used in order to continue to use our services.
We may remotely perform such updates, including the Zynga software on the computer or mobile device you are using, without notifying you.
Zynga reserves the right to discontinue offering the Services and / or support for a particular game or part of the Services at any time, either permanently or temporarily.
In this case, your right to use the Services or one of their components will be automatically terminated or suspended.
Should this occur, Zynga is not obliged, unless otherwise provided by applicable law, to provide you with reimbursements, discounts or other compensation for discontinued parts of the Services or previously earned or purchased virtual items.
ZYNGA IS ENTITLED TO RESTRICT, SUSPENSE, TERMINATE, MODIFY OR DELETE ACCOUNTS OR ACCESS TO THE SERVICES / ANY COMPONENTS OF THE SERVICES, ACCESS TO OUR GAMES AND WEBSITES, OR TO THE RELATED TOOLS DELAY OR REMOVE HOSTED CONTENT.
IN SUCH EVENT, ZYNGA HAS NO OBLIGATION TO RECEIVE COMPENSATION FOR ANY LOSS OR EFFECT.
This does not apply to users residing in the EEA.
If you are in the EEA, we will endeavor to give you at least one month's notice of any material changes before they take effect, and if you disagree with those changes, you will be able to use our services in accordance with these Terms of Use cancel.
Deleting your account:
You can stop using our services at any time and you are entitled to request that we delete your account at any time by following the instructions in our privacy policy.
Except in the event that applicable law dictates otherwise, we are under no obligation to provide any refunds, discounts or other compensation if you request the deletion of your account.
5. OWNERSHIP; LIMITED LICENSE
Games and Services:
The Services are composed of works owned or licensed by the Zynga Family of Companies and are subject to copyright, trademarks, trade dress, patents, and worldwide intellectual property rights and other applicable laws or regulations. relevant laws protected.
All rights are reserved.
These Terms of Use do not give you or any other party any right, title or interest in the Services or any part of the Services.
As long as you comply with these Terms of Use and other rules, including the Community Rules and Features Terms of Use, you may use the Services subject to these Terms of Use for your own non-business entertainment purposes.
You agree not to use the Services for any other purpose and you agree that Zynga will not be liable to you for any damage or loss resulting from unauthorized use.
If you violate these Terms of Use or any of our provisions that apply to you, we are entitled to take action against you.
These include canceling your account.
Furthermore, your actions may prove to be illegal, which may include violating or violating Zynga's intellectual property rights.
ANY ATTEMPT BY YOU TO DISORDER THE SERVICES, IN PARTICULAR UNDERTRIGING OR MANIPULATING THE PROPER PLAY OF A ZYNGA GAME, BREACHES OR INFRINGES ZYNGA REGULATIONS AND MAY ALSO PENALTY REGULATIONS.
Your account and virtual items:
Any account that you create with our Services, including our games, is not your property.
This applies regardless of other provisions of these Terms of Use, the Community Rules or the Terms of Use of features that you have decided to use.
Likewise, virtual items that you received through our services are not your property.
This applies regardless of whether you “earned” or “bought” these virtual items.
Your account and all related virtual items are owned by Zynga.
Zynga grants you a limited license and the right to use your account and related virtual items while we continue to offer the Services.
TO AVOID THE STORAGE OF DATA THAT IS NO LONGER REQUIRED AND / OR TO IMPROVE OUR SERVICES, WE CAN DELETE OR CANCEL ACCOUNTS WHICH ARE INACTIVE FOR 180 DAYS (THAT MEANS NOT TO REGISTER).
You are not permitted to transfer virtual items outside of the Services (for example "in real life"), for example by selling, giving away or exchanging them.
Such transfers are not legally binding for us.
You are not permitted to sublicense, trade, sell or attempt to transfer virtual items for “real” money, or to exchange virtual items for anything outside of a game.
Any such transfer or attempt to make it is prohibited and void and we may terminate your account for this reason.
User content:
If you post, publish, transfer or upload User Content using the Services, you undertake to ensure that this content meets the following requirements:
The contents are factually correct,
not confidential,
not illegal,
they do not violate any contractual restrictions or the rights of any third party, and you have obtained the consent of any other party to use the User Content whose personal or other data or intellectual property is part of the User Content,
they are free from viruses, adware, spyware, worms and other harmful code,
they comply with our community rules.
Your user content will be processed by Zynga in accordance with our data protection guidelines.
You are solely responsible for securing your content.
Any User Content that you post, publish, or transmit is considered non-proprietary and non-confidential.
You retain all ownership of your User Content, but you grant Zynga a perpetual, irrevocable (except as set out below or in our Privacy Policy), worldwide, royalty-free, non-exclusive license to use, reproduce, create derivative works, display and execute your User Content, as well as modified ones or derivative works therefrom in connection with the Services, including use for marketing and promotions.
Insofar as this is permitted under the applicable legal provisions, you waive any moral rights you may have in user content (for example the right to be named as the author of the user content or the right to object to a specific use of this user content).
We may remove any of your usage content if, in our opinion, it does not comply with these Terms of Use, our Community Rules, or any other Feature Terms of Use.
We are also authorized to disclose your identity to third parties if they claim that your user content violates their intellectual property rights or their rights to privacy.
We will also make your user content available to third parties or authorities where we are legally obliged to do so.
Zynga's license to your User Content will be terminated if you request deletion of your account by submitting a request through our portal to request personal information.
This is described in our privacy policy and includes the following exceptions:
User Content submitted in response to Zynga promotions that are subject to any feature terms of use or other promotion terms and conditions,
User content shared with third parties that has either not yet been deleted by them or has already been used publicly in accordance with these terms of use and
User Content that is subject to a separate license with Zynga for which the terms of the corresponding license apply.
If you request the deletion of your user content, we will take all reasonable steps to remove your user content from active use.
This may include removing your user content from our systems.
However, it is possible that the user content will continue to exist in our systems.
This includes backup copies.
We will also keep copies of User Content if we have reason to believe that we are required to do so by law.
If you post, publish or transmit comments and observations within the Services, for example in forums, blogs or chat features, we cannot guarantee that other players will not use the ideas and information you have shared.
If you have an idea or information that you would like to keep confidential and / or that you do not want third parties to use, do not post it.
ZYNGA ASSUMES NO RESPONSIBILITY FOR THE USE OR APPROPRIATION OF ANY CONTENT POSTED, PUBLISHED OR TRANSMITTED BY YOU IN FORUMS, BLOGS, OR CHATROOMS BY THIRD PARTIES.
6. MONITORING THE USE OF THE SERVICES AND USER CONTENT
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We are under no obligation to monitor the Services for objectionable or illegal user content or conduct by other players, and we are not responsible for such conduct.
In addition, we are not responsible for any data, material, products or services offered by other players (for example on their profile) and we do not approve any user content.
By using our services, you understand that you may be exposed to behavior that you find offensive or otherwise objectionable.
We do not endorse any User Content posted on the Services, nor do we guarantee its accuracy or accuracy.
However, if someone violates these terms of use or misuses the services, please notify us by using the "Report violation" link within the services or by contacting our customer support. (
For rule violations regarding Empires & Puzzles, please contact us at https://support.smallgiantgames.com/).
For inquiries regarding Puzzle Combat, please contact us at https://smallgiantgames.helpshift.com/a/puzzle-combat/).
While we are under no obligation to monitor the Services, we may, in our sole discretion, monitor, record, or record your interactions with the Services or your communications with Zynga or other players when you use the Services (including your Communications via in-game text or video chat).
You can find more information in our privacy policy.
It is also at our discretion not to edit, post or remove any User Content or other material that we in our sole discretion deem objectionable.
If we determine that your communications or User Content violates these Terms of Use, Features Terms of Use, or Community Rules, we may, in our sole discretion and without notice, use your ability to communicate with other players or post User Content to override or completely block your access to the Services.
7. YOUR DEALING WITH OTHER PLAYERS
You are responsible for your interactions with other players.
If you have a problem with another player, we are not obliged to intervene, but we reserve the right to do so.
In the event of a dispute between you and other players, you release the Zynga family of companies and all Zyngas partners from any responsibility, claim, claim and / or damage (direct or indirect), whether known or unknown, arising from or in connection with this dispute.
This includes damage from loss of profit, reputation, usage, or data.
This does not apply to users residing in the EEA.
If you are in the EEA, your liability to Zynga is governed by the laws in your country of residence.
As part of the services, we may offer you the opportunity to play with your friends or other like-minded opponents.
To ensure that you always have opponents of the correct skill level, some of these matched opponents can be auto-generated players who look and play like real people.
If you reside in the state of California, you are waiving your rights under California Civil Code Section 1542, which states: "A general waiver does not extend to liability claims that are not known to the obligee or that they exist in his or her favor he had no idea at the time of the waiver and which, if he were aware of them, would have had a lasting effect on his claims against the debtor. "
We may allow you to use the services to send SMS or MMS messages to your friends, family or other contacts.
You do not have to send these text messages, you are solely responsible for them and you hereby confirm that the tariffs for standard messages and internet access may apply, depending on the contract with your mobile operator.
You also understand that Zynga does not control the recipients, content, or timing of these text messages.
If you choose to send text messages through the Services, you represent that the recipients of the text messages have given their appropriate consent to receive the text messages.
8. PAYMENT TERMS
We provide a service in the form of access to games, virtual objects and our other services.
As part of these services, it is possible for you to receive a limited license and the right to use the virtual objects and / or other goods or services by paying real money.
Procedure and functionality:
You receive a limited license and the right to use the virtual items by visiting the purchase page of one of our services and authorizing payment details via the platform you are playing on (e.g. Facebook, Apple, Google).
When you make a purchase on Zyngagames.com, zyngapoker.com, gotslotscasino.znyga.com, or any other Zynga owned website, the payment page will inform you at the time of your purchase which payment methods you can use for the transaction.
The price of the product is the price displayed on the order page when you submit your order.
After the purchase process is complete, we can email you a confirmation with details about the items you purchased.
Please check the accuracy of the data contained in the confirmation as soon as possible and keep a copy of it for your records.
Zynga will keep records of transactions on Zyngagames.com for future transaction questions.
When purchasing virtual objects in our games on other platforms, such as Facebook, Apple, or Google, Zynga is not involved in the transaction and your purchase is subject to the payment terms and conditions of the third party provider of the platform.
Please read the platform's terms of use for additional information.
If you have any questions about refunds or purchases made through Facebook or Google, you can contact our billing support team as detailed below.
In the case of virtual items, your order represents an offer to us to receive a limited license and the right to use the corresponding services or virtual items, which will be accepted by us when you accept the payment.
At this point the limited license begins.
For orders to obtain a limited license and the right to use virtual items, the following applies once you click the buy or order button in the purchase window or on the purchase page:
You agree that we will make the virtual items available as soon as we have accepted your order, and
if you are resident within the European Union (the "EU"), you acknowledge that your right of withdrawal in accordance with the EU Consumer Rights Directive (in the form implemented by the law of your country of residence) expires as soon as we provide the virtual item.
You hereby confirm that although it is possible for you to “earn”, “buy” or “acquire” virtual items as part of our services, the virtual items are not legally your property and any number of virtual items do not have any credit represents real currency or its equivalent.
Any “virtual currency” credit balance noted in your account does not represent a real credit balance, but a measurement of the extent of your limited license.
ALL PURCHASES ARE FINAL: YOU ACKNOWLEDGE THAT, UNDER NO CIRCUMSTANCES, ZYNGA IS OBLIGED TO A REFUND, AND IN THE EVENT OF CANCELLATION - VOLUNTARY OR INVOLVENT - YOU WILL NOT GIVE ANY MONEY FOR YOUR ACCOUNT YOU HAVE MADE A PAYMENT VIA ZYNGAGAMES.COM OR ANY OTHER PLATFORM SUCH AS APPLE, GOOGLE, FACEBOOK OR OTHER SITES OR PLATFORMS ON WHICH WE OFFER OUR SERVICES.
PURCHASES TO OBTAIN A LIMITED LICENSE AND RIGHT TO USE VIRTUAL ITEMS ARE NON-REFUNDABLE TO THE EXTENT PERMITTED BY LAW.
Additional payment terms:
You undertake to pay for all applicable taxes and fees that are caused by you or third-party users of an account you have registered.
Zynga reserves the right to revise the prices of goods and services licensed through the Services at any time.
Subscriptions are subject to our additional subscription terms.
Billing support:
For billing support, contact us through Customer Support or call our billing support team at + 1-800-762-2530 (North America) or your country code + 80011551398 (all other countries).
Please note that phone support for billing-related issues and questions is only available in English.
These phone numbers are for your billing problems and questions ONLY.
The contact person you can reach at this number will NOT be able to help you with technical problems, questions about gameplay or in-game purchases.
For customer support that is not related to billing, you must contact us through customer support.
9. PROMOTIONS AND OFFERS
We may occasionally offer you limited-time promotions.
Please read the official rules or terms of use of features (if applicable) in connection with any promotions.
They are applicable in addition to these Terms of Use.
Furthermore, we may occasionally advertise special offers.
We are under no obligation to provide offers and you are under no obligation to accept them.
Offers are non-transferable and cannot be redeemed or exchanged for other items of value, except at our sole discretion.
If you accept an offer, you may be required to sign a declaration of eligibility and indemnification, or to sign other documents in order to receive the offer.
Some offers are subject to taxes and other levies or require travel or other activities outside of the virtual world.
If applicable, all of this will be indicated before you accept the offer.
If you accept an offer, you accept all liability in connection with the offer.
10. THIRD PARTY ADVERTISING
Our services may contain advertisements from us or other companies.
Our data protection guideline explains which data we pass on to advertising partners.
Please read them through.
Occasionally, within the Services or our games, we will provide links to third party websites that invite you to participate in a promotion and offer you a feature or upgrade to the Services (such as in-game currency) in return.
You are responsible for any costs or obligations that you may incur as a result of such interactions with third parties.
We are not responsible for the third party websites that we link to our Services, and such a link does not mean that we endorse or approve the linked page or any information you may find on it.
We assume no liability for claims relating to the content, goods and / or services of third parties.
Please also note that we have no control over the linked websites of third parties and that they may collect your data, ask you for your personal or other data or automatically collect data about you.
If you use these third-party sites and services, the third party may ask you for permission to access your data and content.
We are not responsible for the content, business practices, and privacy policies of these third party companies, or for the way in which they collect, use, or disclose information from you.
11. COPYRIGHT NOTES / COMPLAINTS
We respect the intellectual property rights of others and ask you to do the same.
We respond to notices that indicate an alleged copyright infringement under the Digital Millennium Copyright Act (“DMCA”), the e-commerce directive and related legislation in the EU, and similar or equivalent other local laws.
Please visit Zynga's Copyright Page for more information, as well as our Policy on Notices of Copyright Infringement.
We reserve the right to terminate a player's access to the Services if we conclude that that player has committed repeated copyright infringement.
We are under no obligation to notify the player in advance of this.
12. FEEDBACK AND UNSUBSCRIBED IDEAS
We may ask you for feedback on certain features through a promotion or our customer feedback program.
You are under no obligation to respond to our request.
Any feedback that you send to us in response to a request for a promotion or program will be subject to the rules of the specific promotion or program.
Ideas, information or feedback that you voluntarily send us are subject to our guidelines on unsolicited ideas.
13. AVAILABILITY OF THE SERVICES; WARRANTY DISCLAIMER
Zynga, the Zynga family of companies, and Zynga partners make no representations or warranties that the Services or any content contained therein will be always available or free of interruptions or errors.
We may suspend, revoke or restrict the availability of all or part of our services for business and operational reasons.
USE OF THE SERVICES IS AT YOUR OWN RISK.
THE SERVICES ARE PROVIDED AS IS.
ZYNGA, THE ZYNGA FAMILY OF BUSINESS AND ZYNGA'S PARTNERS DISCLAIM ALL EXPRESS OR IMPLIED WARRANTIES, CONDITIONS, AND OTHER PROVISIONS REGARDING THE SERVICES, TO THE EXTENT AS APPLICABLE.
ZYNGA, THE ZYNGA FAMILY AND ZYNGA'S PARTNERS MAKE WARRANTIES REGARDING OWNERSHIP, IMPLIED WARRANTIES, CONDITIONS, OR OTHER PROVISIONS REGARDING COPYRIGHT, MERCHANTABILITY OR INDIVIDUAL USE.
If these disclaimers are not allowed in your state or country, they will be ineffective for you.
If your state or country requires a specific warranty period, this is either 30 days from your first use of the services or the minimum period required by law; the shorter of the two deadlines applies.
14. RESTRICTIONS; DISCLAIMER
YOU HEREBY ACKNOWLEDGE THAT ZYNGA, THE ZYNGA FAMILY AND ZYNGA'S PARTNERS ARE NOT LIABLE FOR THE FOLLOWING:
(1) COMPENSATION FOR INDIRECT, INCIDENTAL, SPECIAL AND CONSEQUENTIAL DAMAGES, CIVIL PENALTIES, COURT AND CONSEQUENTIAL COSTS, IF AN APPROPRIATE CLAIM ARISING FROM THE USE OF THE SERVICES OR THE INABILITY TO USE THE SERVICES.
THIS ALSO APPLIES TO LOST PROFIT, LOSS OF DATA OR DECREASE IN GOOD VALUE.
(2) COMPENSATION FOR DAMAGES CAUSED BY THE BEHAVIOR OF THIRD PARTIES, INCLUDING OTHER USERS OF THE SERVICES AND OPERATORS OF EXTERNAL WEBSITES.
THE ENTIRE RISK OF USING THE SERVICES AND EXTERNAL WEBSITES, AS WELL AS THE RISK OF INJURY ARISING FROM THE SERVICES AND EXTERNAL WEBSITES, IS SOLE YOU.
TO THE EXTENT OF APPLICABLE LAW, THE EXCLUSIONS OF LIABILITY IN THE PRESENT TERMS OF USE ARE APPLICABLE TO ALL DAMAGE OR INFRINGEMENT CAUSED BY THE SERVICES OR THE INABILITY TO USE THE SERVICES, IN ACCORDANCE WITH OR IN ACCORDANCE WITH THE SERVICES ALL LEGAL AREAS, IN PARTICULAR DUE TO WARRANTY BREACH, CONTRACT VIOLATION OR DELICATES (INCLUDING THE LEGAL CONSTRUCTION OF THE "NEGLIGENCE" OF THE RIGHT OF EQUITY).
SUBJECT TO APPLICABLE LAW, THE ENTIRE LIABILITY OF ZYNGA, THE ZYNGA FAMILY AND / OR ZYNGA'S PARTNERS IS LIMITED TO THE TOTAL AMOUNT YOU HAVE TO TAKE INTO ZYNGA, THE ZYNGA FAMILY AND / OR PARTNER OF ZYNGA. THAT IMMEDIATELY PREVIOUS THE DATE ON WHICH YOU FIRST MAKE SUCH CLAIM APPLICABLE.
IF YOU HAVE NOT MADE A PAYMENT TO ZYNGA, THE ZYNGA FAMILY OR PARTNERS OF ZYNTGA, IN THE ONE HUNDRED EIGHTY (180) DAYS IMMEDIATELY PREVENTING THE DATE ON WHICH YOU MAKE SUCH CLAIM WITH ZYNGA, THE ZYNGA FAMILY AND / OR A ZYNGA PARTNER, THAT YOU STOP USING THE SERVICES AND CANCEL YOUR ACCOUNT.
Some states or countries do not allow the exclusion of certain warranty options or the limitations / exclusions of liability as described above.
This means that these limitations / exclusions may not apply to you if you are resident in one of these states or countries.
These limitations / exclusions of liability apply in full to residents of New Jersey.
These limitations / exclusions of liability do not apply to users residing in the EEA.
If Zynga fails to comply with these Terms of Use, Zynga will be responsible for any loss or damage you suffer that is a foreseeable consequence of Zynga's breach of these Terms of Use or that results from Zynga's negligence.
However, Zynga is not responsible for any unpredictable loss or damage.
Loss or damage is foreseeable if it was an obvious consequence of our breach, or if it was considered by you and Zynga at the time the contract was signed.
15. ARBITRATION CLAUSE AND CLASS ACTION WAIVER
THIS SECTION APPLIES ONLY TO PLAYERS IN THE US AND CANADA.
If you have a problem with the Services, most of it can be resolved on one of our player forums.
Before initiating any formal legal process, you must contact our customer support at http://www.zyngaplayersupport.com/.
If you and Zynga are unable to resolve the dispute through customer support, you and Zynga consent to the arbitration procedure described below.
Mutual agreement to arbitration
By voluntarily accepting these Terms of Use (and, in many of our Services, by voluntarily clicking or tapping an in-game button to expressly agree to these Terms of Use), you and Zynga and any members of the Zynga family of companies consent to claims to the extent permitted by law in connection with or in connection with the Terms of Use, the Features Terms of Use, the Community Rules, your relationship with us or Zyngas Services, including but not limited to your use of the Services and the information you provide through the Services, resolve through final and binding arbitration.
This applies to all claims for all legal reasons, unless the claim falls under one of the exceptions listed below in the section Exceptions to the arbitration clause.
This arbitration clause also applies if you cease using your Zynga account or delete it. (
In this Section 15 and Section 17, you, Zynga, and any members of the Zynga corporate family may be referred to individually as “a party” or collectively as “the parties”.)
Arbitration will take place before a neutral arbitrator in lieu of a judge and jury, and by voluntarily accepting these Terms of Use, you, Zynga, and any members of the Zynga corporate family are waiving their right to trial before a judge and jury.
Different rules apply to arbitration proceedings than to lawsuits in court.
They are less formal and offer only limited possibilities to force the other party to disclose information relevant to the dispute - the so-called legal disclosure.
The arbitrator may award the same damages or indemnities on a case-by-case basis as a court may award an individual, except as limited in these provisions.
If either party is dissatisfied with the arbitrator's decision, courts have limited options to change the outcome of the arbitration or to force the arbitrator to reassess his decision.
If either party disagrees, regardless of whether or not this Section 15 (or any part of this Section 15, including but not limited to the provisions relating to arbitration, class action relief, and opting out) may be enforced, or he may is applicable to the dispute, all parties agree that these aspects are to be negotiated exclusively in court.
If a court decides that any provision under the heading “No Class Actions” or “Similar Claims” is void or unenforceable, then all of Section 15 (Arbitration Clause and Class Action Waiver) is void (i.e., it is not applicable).
In this case, however, the remaining provisions of the Terms of Use, Terms of Use of Features and Community Rules remain valid.
In addition, if a dispute is brought by you, Zynga, or a member of the Zynga family of companies to court that should be resolved in arbitration, or one of the parties involved refuses to submit a dispute to an arbitration tribunal to which if it were appropriate, another party may obtain an arbitration (ie, enforce arbitration) an injunction to settle the dispute.
You, Zynga, or a member of the Zynga family of companies may also obtain suspension of legal proceedings while arbitration is in progress.
Course of the arbitration
The American Arbitration Association (AAA) controls all arbitration proceedings between you and Zynga or the member of the Zynga family of companies, using the then-current rules and processes of the AAA, including the Consumer Arbitration Rules.
The AAA's rules and processes can be viewed on its website at www.adr.org.
In the event of a conflict between these Terms of Use and AAA's rules and processes, the parties agree that the Terms of Use shall prevail.
Use the form on the AAA website (www.adr.org) to initiate arbitration.
If you are resident outside of the United States, arbitration may take place in the district in which you are resident at the time of filing.
If you are a resident of the United States, arbitration will be initiated in the state of California, United States of America.
You and Zynga will also submit to the jurisdiction of any state or federal court in San Francisco, California to enforce arbitration, stay legal proceedings pending completion, or confirm, modify, void, or obtain final judgment in the award .
Zynga will only have the right to arbitrate against you if Zynga provides the following information in addition to the information required by the AAA: (1) personally identifiable information related to all of your Zynga accounts, to the extent that Zynga can identify them (both current and previous accounts), including all Zynga or Facebook IDs and email addresses, and (2) an explicit statement of the extent to which Zynga sees itself harmed by your behavior and all facts that support the assertion of this claim.
You are only entitled to arbitrate against Zynga if you provide the following information in addition to the information required by the AAA: (1) personally identifiable information related to all of your Zynga accounts, to the extent that you can identify them (both current and previous accounts), including all Zynga or Facebook IDs and email addresses, and (2) an explicit statement of the extent to which you see yourself harmed by Zynga's behavior and all facts that support the assertion of this claim.
You and Zynga undertake to participate in all proceedings before the arbitral tribunal in person, by telephone, by video conference or by any other live electronic means, unless you and Zynga reach a different agreement at a later date.
Payment of all litigation, administration and arbitration costs is subject to the AAA Consumer Arbitration Rules, unless you can prove that the costs and expenses you owe under those rules would be significantly more expensive than legal proceedings; then Zynga will pay such costs and expenses as the arbitrator deems necessary to avoid the arbitration being more costly than legal proceedings (these are subject to reimbursement as described below).
Should the arbitrator find any claim unjustified under Federal Rule of Civil Procedure 11, you agree to reimburse Zynga for all costs and expenses incurred by Zynga and that you would have been required to pay them under the rules of the AAA take.
In the event the AAA cannot appoint an arbitrator for a claim made by you or Zynga, either party to this contract may use a state or federal court in San Francisco, California to appoint an arbitrator.
An arbitrator appointed by a court must comply with the rules and procedural rules of the AAA, including those with regard to costs and expenses, unless otherwise provided in these terms and conditions.
Similar claims
In the event that multiple claims are asserted with the AAA resulting from the same transaction or substantially similar transactions, facts or events ("Similar Claims"), these arbitration proceedings (whether initiated by Zynga or you) will be carried out by the AAA treated individually and in the order in which they are received.
The AAA is not entitled to initiate the negotiation of similar claims or to raise procedural costs for these until earlier proceedings on similar claims have been accepted for negotiation before the AAA and an arbitrator has been appointed for these.
If several similar claims are filed at the same time, the AAA is entitled to determine the order of their hearing, and the AAA is not authorized to initiate the negotiation of similar claims or to charge procedural costs for these, except for those initiated proceedings that are deemed to be the AAA are to be negotiated first, an arbitrator has been appointed.
In order to ensure the impartiality and independence required for an arbitrator under the rules of the AAA, no arbitrator may lead a hearing on a claim if he is already the arbitrator in proceedings for a similar claim.
Exceptions to the arbitration clause
All parties agree that the following disputes may be brought to court:
Intellectual property disputes that you own, or are owned by Zynga or a member of the Zynga family of companies (such as trademarks, trade dress, domain names, trade secrets, copyrights, or patents);
Disputes related to a violation of community rules;
When the only form of claims made are injunctive relief; or
Disputes within the jurisdiction of “small claims courts” (courts for disputes with a low value in dispute).
The parties undertake not to seek preliminary injunctions in the context of the arbitration proceedings.
Rather, the latter should be sought before the ordinary courts.
If a party seeks both an injunction and other legal remedies in the course of a proceeding, it is obliged to sue the former in court, but to seek the other legal remedies in the context of arbitration.
For more information on which court the parties can turn to to resolve this type of dispute, see Section 17 (Jurisdiction for Non-Arbitral Disputes).
No class actions
By voluntarily accepting these Terms of Use (and, in many of our Services, by voluntarily clicking or tapping a button in the game to expressly agree to these Terms of Use), you and Zynga and any members of the Zynga family of companies agree that disputes may only be on a case-by-case basis can be carried out.
This means the following:
The parties agree that neither you, Zynga, nor any member of the Zynga corporate family may bring a claim as plaintiffs or members of the class in a class, consolidated, or representative class action.
The parties agree that the arbitrator is prohibited from aggregating claims from more than one person into a single case and that he cannot conduct consolidated or union or collective arbitration (unless all parties agree otherwise to handle).
The parties agree that the arbitrator's decision or award in the case of one person may only affect that person, not other Zynga players, and cannot be used to resolve any dispute with other players.
Deselection of the arbitration clause and the waiver of class actions
You have the right to opt out of the arbitration clause and class action waiver (Section 15) and the right not to be bound by it by sending us a written notification of your decision to opt out via customer support or by mail as described in Notifications .
The notification must be sent within thirty (30) days of your first use of our services or availability of this opt-out, whichever is later.
Otherwise you are bound by the dispute resolution described in section 15.
By opting out of these arbitration measures, Zynga is also not bound by them.
Changes to Section 15, "Arbitration Clause and Class Action Waiver"
If we make changes to this Section 15, Arbitration and Class Action Waiver, we will notify you 60 days in advance via email or the Services.
If this subsection on amendments to Section 15, “Arbitration Clause and Class Action Waiver” is not valid or enforceable, then this subsection will be separated from Section 15 and the court or arbitrator will review the first section on the Arbitration Clause and Waiver prior to your use Bring class actions.
Persistence
This Section 15 will survive the termination of these Terms of Use.
16. GOVERNING LAW
If you reside in the United States, you agree that these Terms of Use affect international trade and that the interpretation and enforcement of Section 15 (Arbitration Clause and Class Action Waiver) under the Federal Arbitration Act ) are subject.
In addition, the Terms of Use and our relationship with one another are governed by California law, with the exception of California's conflict of laws.
If you are resident outside of the United States, the Terms of Use and our relationship with one another are governed by Irish law, with the exception of Irish conflict of laws.
17. PLACE OF JURISDICTION FOR DISPUTES NOT SUBJECT TO ARBITRATION
If you are in the United States, all legal proceedings (except for small claims) that are exempt from the arbitration clause in Section 15 must be brought in state or federal courts in San Francisco, California, unless otherwise Place determined by mutual agreement.
You, Zynga, and the Zynga family of companies consent to the jurisdiction and personal jurisdiction of San Francisco, California.
If you are located outside the United States, unless we mutually agree otherwise, the place of jurisdiction will be in a court of competent jurisdiction in your country of residence (“Place of Residence”).
You, Zynga and the Zynga family of companies agree to the place and jurisdiction of the place of jurisdiction.
18. SEVERABILITY CLAUSE
All paragraphs of these terms of use are independent of one another.
Except as provided in Section 15 under the heading “No Class Actions”, to the extent that any portion of the Terms of Use, Features Terms or Community Rules is unenforceable, the remainder of the Terms of Use, Feature Terms and Community Rules will continue to apply is valid and binding, and that unenforceable parts are replaced in such a way that the meaning of the illegal or unenforceable parts is largely preserved.
19. ASSIGNMENT CLAUSE
We are entitled to assign our rights or obligations under these terms of use, terms of use of features or community rules to any person or other legal entity at any time without your consent being required.
You may not transfer any of your rights or obligations under these Terms of Use, Features, or Community Rules to any third party without first obtaining Zynga's written consent.
Any attempts to do this without our consent will be void.
20. ENTIRE AGREEMENT
These Terms of Use, as well as any other terms or rules to which we refer in these Terms of Use, constitute the entire agreement between you and us regarding the Terms of Use and supersede any previous agreements between the parties relating to the Terms of Use, whether electronic or oral or agreed in writing, or whether it is made by custom, practice, regulation or precedence between you and us.
This provision does not apply to users residing in the EEA.
21. LANGUAGE OF THE TERMS OF USE
If we provide a translated version of these Terms of Use, Features Terms of Use, Community Rules, Privacy Policy, or any other terms or conditions, it is for informational purposes only.
If the meaning of the translated version differs from that of the English version, the English version applies.
This provision does not apply to users residing in the EEA.
22. NO DISCLAIMER
If we do not enforce our rights from these terms of use, terms of use of features or community rules, we do not waive our right to do so at a later point in time.
In the event that we expressly waive any provision of the terms of use, terms of use of features or community rules, this does not apply for an unlimited period of time.
If we waive our claims with regard to a non-performance or violation committed by you, this will be done in writing.
This does not mean that we automatically waive legal rights for any subsequent non-performance or injury that you may commit.
23. NOTIFICATIONS
If we need to notify you of anything related to the Terms of Use, Feature Terms of Use, or Community Rules, we can notify you by posting a message on www.zynga.com or within the Zynga game you are using or using. of the Zynga games you use and send you an email or use other communication options based on the contact details you provide to us.
If you need to notify us of any matter regarding the Terms of Use, Features Terms of Use, or Community Rules, please write to Zynga Inc., Attn: LEGAL DEPARTMENT, 699 8th Street, San Francisco, CA 94103, USA - es unless we have provided a more specific method of contacting you.
24. FORCE MAJEURE
We are not responsible for changes or problems over which we have no control, such as changes or problems caused by natural disasters, war, terrorism, rioting, embargoes, acts of civil authorities or military bodies, fire, flooding, accidents, network infrastructure failures, strikes or lack of transportation, fuel, energy, manpower or material.
This provision does not apply to users residing in the EEA.