Terms of Service
Effective from 7 October 2020
Last modified on 7 October 2020
IMPORTANT NOTICE: FOR US AND CANADIAN PLAYERS, AS INDICATED BELOW, DISPUTES BETWEEN YOU AND ZYNGA MUST BE RESOLVED BY ARBITRATION AND ON AN INDIVIDUAL BASIS, WITH EXCEPTIONS.
For more details, see Article 15 (Arbitration Agreement and Class Action Waiver).
Zynga's mission is to connect the world with games.
We bring fun and social entertainment experiences to the world.
Please read these Terms of Service and our Privacy Policy before using the Zynga Services.
These Terms of Service establish the terms and conditions applicable to the use of the Services by the User (described below).
Whenever using the Services, the User agrees to be bound by these terms and conditions.
If the User does not intend to accept all the terms and conditions, he must not use our Services.
Our Privacy Policy describes the methods of collection, storage, use and communication and processing of the User's personal information in the provision of the Services by us to the latter, as well as the rights and choices of the User concerning the your information.
The User acknowledges that the use of our Services involves the application of our Privacy Policy.
If the User does not intend to consent to the collection, storage, use or sharing of their information by Zynga in the manner described in our Privacy Policy, they must not use the Services.
"Zynga" or "we", "our" or "us" in these Terms of Service mean Zynga Inc.
and the Zynga Corporate Group.
Zynga Inc.
is headquartered at 699 8th Street, San Francisco, California 94103.
However, "Zynga", "we", "our" or "us" includes representatives, consultants, employees, officers and directors.
1.
DEFINITIONS
"Account" means an account created when the User accesses the Services.
By "Community Rules" we mean the rules of conduct governing the User's interaction with our Services and with other players, which are available here.
"Terms of Functions" means any other rule relating to specific services, such as API platforms, applications for mobile devices, forums, contests, subscriptions or loyalty programs subject to possible publication, applicable to the use of such specific services by the User and which forms part of these Terms.
"Offers" means special programs, including special offers, excursions and giveaways, including in non-digital formats, that Zynga may periodically offer to certain Eligible Players.
"Services" means our games, products, services, content, Zynga.com and / or other domains or websites operated by Zynga.
"Terms of Service" or "Terms" means these terms of service.
"User Content" means all data uploaded, transmitted, created or generated by the User on the Services or through the latter.
The foregoing includes elements such as the User's profile photo, text or video chat, game skills or other content created or designed by the User.
"Virtual Items" means (a) virtual currency, including but not limited to virtual currencies, money, tokens or points, for use in the Services and (b) virtual game items.
"Zynga Corporate Group" means the subsidiaries, parent companies, joint ventures of Zynga and other jointly owned entities and their representatives, consultants, employees, officers and directors.
"Zynga Affiliates" refers to the Zynga Business Group as well as content providers, distributors, licensors or licensors of Zynga or the Zynga Business Group.
2.
CHANGES TO THESE TERMS
We reserve the right, in our sole discretion, to change, add or remove portions of the Terms, Community Rules or Feature Terms at any time by posting any previous changes on our sites or within our Services (for example through notices in the game).
We will be able to communicate any substantial changes by sending further communications, such as e-mail or communication within the Services.
Changes will be effective at the time of publication, unless otherwise indicated by us.
The new versions of the Terms, Community Rules, Terms of Functions, and any other information, code or rule, will be available at www.zynga.com or within our Services.
If the User continues to use the Services after the publication of the changes, the User accepts the application of the changes to the continued use of the Services.
The User may make changes to the Terms, Community Rules or Terms of Functions exclusively by signing the change in writing by the User and Zynga.
Should a dispute arise with Zynga, the version of the Terms, Community Rules, and Feature Terms in effect at the time Zynga receives actual notification of the dispute will apply to it.
If any provisions or information in the Terms or our Privacy Policy conflict with any other terms or information from Zynga, these Terms and Privacy Policy will prevail.
3.
ACCOUNT DATA AND SECURITY
In order to use our Services, we may ask the User to create an Account and to choose a password and / or to provide us with some personal information which may include your name, date of birth, e-mail address and some cases, payment information.
This information will be stored and used in accordance with the Zynga Privacy Policy.
The User undertakes to provide Zynga with accurate, complete and up-to-date information, in particular their e-mail address.
The user is responsible for maintaining the security of his Account.
The user is required not to share his / her Account data with others and not to allow others to use or access his / her Account.
We will consider all the activities performed through the User's Account as being carried out by the same.
The User therefore agrees to be responsible for all activities carried out using his Account, whether or not authorized by the User, including purchases made through the use of payment tools (for example, Credit Cards or PayPal).
The User is aware of the fact that he could be held responsible for losses incurred by us or by any other user of the Services and caused by other subjects who use the User's Account.
The User is obliged to notify us without delay of the actual or presumed loss, theft, fraud or unauthorized use of their Account or Account password.
4.
USE OF OUR SERVICES
Who can use our Services: We are always excited to welcome new players, however we place some limits on the use of our Services by some users.
the User is not authorized to use our Services if:
He is not eligible to enter into a binding contract with Zynga.
Are under 13 years of age (or under 16, if resident in the European Economic Area (the "EEA")), in which case you will not be able to create an Account, use any of our Services or transmit personal information within the Services or to Zynga (for example, your name, address, telephone number or email address).
This prohibition is not only applicable if the Service has an age verification system that collects age information before allowing a user to proceed and that system allows users who claim to have a age under 13 (or under 16 in the EEA) to use the Service. (
As indicated in our Privacy Policy, in the aforementioned cases, we will provide a version of the Service that does not collect, use or communicate personal information, except where permitted and to the extent permitted by data protection legislation, including but not limited to the Children's Online Privacy Protection Act, or with valid parental consent).
You are not authorized to receive products, including services or software, from the United States, for example if you reside in a country subject to a United States embargo or if you are on the lists of persons reported by the Department of the Treasury of the United States.
The User was previously convicted of sexual offenses.
You have previously been banned from any Zynga game or from using the Zynga Services unless Zynga has lifted the ban, in its sole discretion.
If the User is under the age of 18 or a minor according to the provisions of the place of residence, he is required to declare that the person exercising the protection on the same has examined and accepted these Terms.
Important Additional Rules and Terms:
If the User wishes to use our Services, he is required to follow the following Zynga Community Rules and all other applicable Function Terms.
These additional rules and terms apply in addition to these Terms and are important.
Please read them carefully.
If the User accesses the Services from a social network, such as Facebook, or downloads the Services from another platform, such as Apple or Google, they are also required to comply with the terms of service / use of third parties in addition to these Terms. .
Access to our Services:
To access the games, to play our games or to create an Account with us, the User needs an account with a social network, such as Facebook, and, in the case of using our Mobile Services, an account with the company. which provides mobile applications, such as an Apple iTunes account.
To receive the Services and enjoy the Zynga Games, you will need to periodically update the third party software.
We provide games and other Services.
The User makes the devices available (computer, telephone, tablet, etc.) and pays the fees for connecting to the Internet and the app stores and the costs related to data or use on mobile phones to download and use the Services.
Changes and limitations to the Service:
Our Services are constantly evolving and the User may be required to accept updates to the Services and Terms, Community Rules, Function Rules and Zynga's Privacy Policy.
The User may be requested periodically to update the game or software to continue using our Services.
We may carry out the aforementioned updates remotely, including with regard to the Zynga software residing on the User's computer or device, without prior notice.
Zynga reserves the right to discontinue offering and / or supporting the Services or relating to a particular game or part of the Services at any time, either permanently or temporarily, in which case your right to use the Services or any portion of the Services will automatically cease or be suspended.
In this case, unless the law provides otherwise, Zynga is not required to provide the User with refunds, benefits or other compensation in relation to the interruption of parts of the Services or Virtual Items previously earned or purchased.
ZYNGA MAY, IN ITS SOLE DISCRETION, RESTRICT, SUSPEND, TERMINATE, MODIFY OR DELETE YOUR ACCOUNT OR ACCESS TO THE SERVICES OR ANY PART OF THE SAME, PROHIBIT ACCESS TO OUR GAMES AND SITES, THEIR CONTENT AND THEIR SERVICES, TO TOOLS, OR DELAY OR REMOVE HOST CONTENT.
ZYNGA HAS NO OBLIGATION TO COMPENSATE THE USER FOR ANY LOSS OR CONSEQUENCES SUFFERED FROM THE SAME.
This provision does not apply to users residing outside the EEA.
If the User resides within the EEA, we will endeavor to send him at least one month's notice to notify him of any substantial changes to be made.
If the User does not intend to accept these changes, he may choose to withdraw from the Services under these Terms.
Cancellation of your Account:
The User may stop using the Services at any time and may request the cancellation of their Account based on the instructions in our Privacy Policy.
Unless applicable law provides otherwise, we are not obliged to provide refunds, benefits or other compensation in the event of a request for account cancellation by the User.
5.
PROPERTY; LIMITED LICENSE
Games and Services:
The Services include all works owned by or licensed by the Zynga Business Group and which are protected by copyright, trademarks, graphics, patents and other intellectual property rights worldwide and other laws, regulations and applicable regulations.
All rights reserved.
These Terms do not grant the User or any other person any rights to the Services or to any other content on the Services.
The User may use the Services under these Terms, for non-commercial entertainment purposes, provided they comply with these Terms and any other rules, including the Community Rules and the Terms of the Functions.
The User agrees not to use the Services for any other different purpose and accepts that Zynga will not be liable to the User for any damage or loss resulting from unauthorized use.
In the event of failure by the User to comply with these Terms or any other applicable term, we may take measures against the User, including the termination of his account.
The User may also break the law or violate Zynga's intellectual property rights.
ANY ATTEMPTS BY THE USER TO DISCONTINUE OR INTERFERE WITH THE SERVICES, INCLUDING BUT NOT LIMITED TO THE COMPROMISE OR MANIPULATION OF THE LEGAL OPERATION OF ANY ZYNGA GAMES, CONSTITUTES A BREACH OF THE LEGISLATION OF THE ZYNGA .
Virtual Accounts and Items:
Notwithstanding any other statements in the Terms, Community Rules or Feature Terms applicable to the functions that the User chooses to use, the User does not own the Account created on our Services, including games, and the 'Account is not his property.
Similarly, the User is not the owner of the Virtual Items obtained through the use of our Services, regardless of whether the User has "earned" or "purchased" them.
The User's Account and any connected Virtual Items are the property of Zynga.
Zynga grants the User a limited license to use the Account and its Virtual Items in the course of Zynga's offering of the Services.
IN ORDER TO AVOID THE STORAGE OF DATA THAT ARE NO LONGER NECESSARY AND / OR TO IMPROVE OUR SERVICES, WE CAN CANCEL OR CLOSE INACTIVE ACCOUNTS (WHICH ARE NOT CONNECTED FOR EXAMPLE) FOR 180 DAYS.
The User is not authorized to transfer Virtual Items outside the Services (eg.
in the "real world"), for example by selling, donating or exchanging them.
We will not recognize the legitimacy of such transfers.
The User is not authorized to sub-license, trade, sell or try to sell Virtual Items for "real" money or trade Virtual Items for any value outside of a game.
Such transfers or transfer attempts are prohibited and have no effect and could constitute grounds for closing the User's Account.
User content:
The User accepts that any publication, transmission or upload of User Content on the Services will be:
accurate;
of a non-confidential nature;
not in violation of laws;
not in violation of contractual limitations or third party rights, and with prior consent to the use of the User Content by any other person who owns the personal or other information or intellectual property present in the User Content;
free from viruses, adware, spyware, worms or other harmful code;
compliant with the Community Rules.
User Content will be processed by Zynga in accordance with our Privacy Policy.
The User is solely responsible for the security and backup of the User's content.
Any User Content published or transmitted by the same will be considered non-proprietary and non-confidential.
You retain full ownership of all proprietary rights in your Content, but you grant Zynga a perpetual and irrevocable license (other than that in our Privacy Policy), worldwide, royalty-free, non-exclusive, use, reproduce, distribute, prepare derivative works from User Content, view and show User Content and any resulting works with reference to the Services, including in the context of marketing and promotions.
To the extent permitted by applicable law, you waive any moral rights that you may have over any User Content (such as the right to be identified as the author of the User Content or the right to contest a particular use of such User Content). User Content).
We have the right to remove any User Content in the event that, in our opinion, it does not comply with these Terms, our Community Rules or any applicable Terms of Function.
We are also authorized to communicate the User's identity to any third parties who claim the violation of their intellectual property rights or their right to privacy due to the User Content.
We are also authorized to communicate the User Content to other third parties or administrative bodies, where required by law.
Zynga's license for User Content ends at the time of the Account cancellation request sent through our Personal Data Request Portal as described in our Privacy Policy, with the following exceptions:
User content transmitted in response to Zynga's promotions, which will be subject to any Terms of Features or other terms of the promotion;
User Content shared with other parties who have not deleted them or have already used them publicly as permitted under these Terms; is
User Content subject to a separate license with Zynga, which will be subject to the terms of that license.
In the event of a request by the User to delete their Content, we will take all reasonable steps to remove such Content in order to make it no longer usable, including by deleting it from our systems.
However, User Content may remain in our systems for a long time, including backup copies.
We may also keep copies of User Content where we reasonably believe we are required by law to do so.
When the User publishes or transmits observations and comments on the Services, such as forums, blogs and chats, we cannot guarantee that other players will not use the ideas and information shared by the User.
We invite the User not to publish any ideas or information that he wishes to keep confidential and / or that he does not want to be used by others.
ZYNGA IS NOT RESPONSIBLE FOR THE USE OR APPROPRIATION BY THIRD PARTIES OF CONTENT OR INFORMATION PUBLISHED OR TRANSMITTED BY THE USER ON THE FORUM, BLOG OR CHAT ROOM.
6.
MONITORING THE USE OF SERVICES AND USER CONTENT
We have no obligation to monitor the Services to detect improper or illegal User Content or the conduct of other players and we assume no responsibility for such conduct.
We are also not responsible for the information, materials, products or services provided by other players (for example in their profiles) and the User Content is not approved by us.
By using our Services, the User is aware of the fact that he may be exposed to conduct that could be considered offensive or otherwise reprehensible.
We do not approve of any User Content posted on the Services and we do not guarantee its truthfulness or accuracy.
However, we encourage users to report to us the violation of these Terms or the improper use of the Services by any person using the "Report abuse" link provided in the Service or by contacting Customer Service. (
For violations of the rules concerning Empires & Puzzles, we invite the User to contact us via https://support.smallgiantgames.com/).
For requests for information / questions regarding Puzzle Combat, we invite the User to contact us at the following address https://smallgiantgames.helpshift.com/a/puzzle-combat/).
While we are not required to monitor the Services, we have the right, in our sole discretion, to monitor, record or archive your interactions on the Services or communications between you and Zynga or with other players while using the Services. by the User (including but not limited to User communications via game messages or video chat).
For more information, see our Privacy Policy.
At our discretion, we may also choose to modify, refuse publication or remove User Content or other materials that we consider objectionable based on our sole discretion.
If we believe that User Content violates these Terms, Feature Terms or Community Rules, we are authorized in our sole discretion and without notice to do so, to disable the ability to post User Content or communicate with other players or completely block the User's access to the Services.
7.
INTERACTIONS WITH OTHER PLAYERS
The User is responsible for their interactions with other players.
In the event that the User encounters a problem with other players, we are not required to intervene even if we can do so at our discretion.
In the event that a dispute arises with another player, you release Zynga, the Zynga Business Group and all Zynga Affiliates from liability, claims, claims and / or damages (direct or indirect) of any kind and nature, also not known, deriving from the aforementioned dispute or related to it.
The foregoing includes damage from loss of profit, loss of goodwill, use or data.
This provision does not apply to users residing outside the EEA.
If the User resides within the EEA, the responsibility of the same towards Zynga is that provided for by the applicable law of the country of residence.
As part of the Services, we can offer the User the opportunity to play with his friends or with other matched opponents.
To ensure the User that there are always opponents available with the right level of skill, some matched opponents may be automatically generated players who look and play like real people.
Users resident in California waive the provision of California Civil Code Article 1542, which reads: "A general waiver does not extend to claims that the creditor is not aware of or suspects are in his favor. at the time of the exemption, which if they had been known by the same would have substantially influenced the transaction with the debtor ".
We may allow the User to use the Services to send SMS or MMS messages to friends, family or other contacts.
The User is not required to send such messages.
The User is solely responsible for the messages and is aware that tariffs may apply to standard text messages and data based on the User's tariff plan with the mobile phone provider.
The User is also aware that Zynga does not control the recipients, contents or timing of the aforementioned text messages.
In the event that the User chooses to send text messages through the Services, he declares and guarantees that the recipients of the text messages have adequately consented to receive them.
8.
PAYMENT TERMS
We provide a service in the form of accessing games, Virtual Items and our other Services.
The User may use "real" money in the Services in order to acquire a limited license and the right to use the Virtual Items and / or other goods or services.
How does it work:
The User acquires a limited license and the right to use the Virtual Items by visiting the purchase page in one of our games or Services and providing authorization for billing through the platform in which he is playing (eg.
Facebook, Apple, Google).
When the User makes a purchase on Zyngagames.com, zyngapoker.com, gotslotscasino.zynga.com or other sites owned by Zynga, the payment page will inform the User which payment method to use at the time of purchase.
The price of the product will be that indicated on the order page when the user places his order.
Once the User has completed the purchase, we can send him a confirmation e-mail with the data of the items he has ordered.
The User is invited to verify as soon as possible the correctness of the data contained in the confirmation message and to keep a copy of the same.
Zynga maintains records of Zyngagames.com operations to handle any future requests relating to those operations.
In the case of purchasing Virtual Elements of our games on other platforms such as Facebook, Apple or Google, Zynga is not part of the operations and the User's purchase will be governed by the terms and conditions of the third party platform.
For more information, please consult the terms and conditions of service of the platform.
The User may also contact our Billing Assistance team as indicated below for requests for refunds or purchases made through Facebook or Google.
For the Virtual Items, the User's order will represent an offer to acquire a limited license and the right to use the relevant Service (s) or Virtual Item (s) that will be accepted by us upon acceptance of payment.
From this moment the limited license will take effect.
For orders aimed at acquiring a limited license and the right to use the Virtual Elements, by clicking on the purchase / order button on the window or on the page, the User:
you agree to receive the Virtual Items as soon as we accept your order; is
if resident within the European Union (the "EU"), you acknowledge that you no longer have the right of withdrawal pursuant to the European Union Consumer Rights Directive (as implemented by the law of the User's country of residence ) once the supply of the Virtual Element has started.
The User acknowledges that while he may "earn", "purchase" or "buy" Virtual Items, he does not legally "own" the Virtual Items and the amounts of any Virtual Items do not refer to active balances of real money or its equivalent.
Any resulting "virtual currency" balance on the Account does not constitute a real balance or reflect any prepaid value, but rather constitutes a measure of the extent of the user's limited license.
ALL SALES ARE FINAL: YOU ACKNOWLEDGE THAT ZYNGA HAS NO OBLIGATION TO PROVIDE REFUNDS FOR ANY REASON AND THAT YOU WILL NOT RECEIVE MONEY OR OTHER COMPENSATION RELATING TO VIRTUAL ITEMS NOT USED AT THE CLOSURE OF YOUR ACCOUNT. OR INVOLUNTARY OR WHETHER PAYMENT HAS BEEN MADE BY YOU THROUGH ZYNGAGAMES.COM OR THROUGH ANOTHER PLATFORM SUCH AS APPLE, GOOGLE, FACEBOOK OR ANY OTHER SITE OR PLATFORM WHERE WE OFFER OUR SERVICES.
PURCHASES FOR THE ACQUISITION OF A LIMITED LICENSE AND THE RIGHT TO USE VIRTUAL ELEMENTS ARE NOT REFUNDABLE TO THE MAXIMUM EXTENT PERMITTED BY LAW.
Additional payment terms:
The User agrees to pay all applicable costs and taxes incurred by him or by anyone who uses an Account registered in his name.
Zynga may at any time review the prices of the products and services licensed to the User through the Service.
Subscriptions are also subject to our Subscription Additional Terms.
Billing assistance:
For billing assistance, the User can contact us via Customer Support or call our billing support team at 1-800-762-2530 (North America) or our country code + 80011551398 (all other countries) .
Please note that telephone assistance for problems and issues related to billing is available only in English.
The telephone numbers mentioned refer ONLY to issues and issues related to billing.
The telephone operator who answers the aforementioned numbers dedicated to billing assistance will NOT be able to provide assistance for technical or gaming problems or for requests for information relating to purchases within the games.
For customer support not related to billing, the User must contact us through Customer Support.
9.
PROMOTIONS AND OFFERS
We may periodically offer limited-time promotions.
Please refer to the official rules or Feature Terms (if available) associated with the promotion.
The aforementioned terms will apply in addition to these Terms.
We may also periodically offer Offers.
We are not obliged to offer nor the User is obliged to accept any Offers.
Offers are not transferable, refundable or exchangeable for other items of value, except in our sole discretion.
In case of acceptance of any Offer, the User must sign a declaration of suitability and a disclaimer or sign any other file to obtain the Offer.
Some offers will be subject to taxes or other charges, travel or activities outside the virtual world, which will be disclosed prior to the acceptance of the offer by the User.
In the case of acceptance of an Offer, the User assumes all the responsibilities related to the Offer.
10.
ADVERTISING
Our Services may feature advertisements from us or from other companies.
Our Privacy Policy indicates what information we share with advertisers.
Please read it carefully.
Sometimes we may offer links on our games or Services to websites of other third-party companies or companies that send invitations to users to participate in a promotional offer and offer in exchange some features of the Services or upgrades (such as game currency).
All charges or obligations assumed by the User under the agreements with these other companies are the responsibility of the User.
We are not responsible for third party websites to which we link on our Services and the fact that we have placed them does not mean that we endorse or endorse the linked site or any information obtained from it.
We are not responsible for any claims relating to any third party content, product and / or service.
It is also specified that third party websites connected to the link are not under our control and may collect data or require the User to provide them with personal data or other information or may automatically collect User information.
In the case of use by the User of the aforementioned third-party websites and services, the third-party company may (or may not) request the User's permission to access their information and content.
We are not responsible for the contents, business practices, privacy policies or methods of collecting, using or sharing User information acquired by the aforementioned other third-party companies.
11.
COPYRIGHT NOTICES / COMPLAINTS
We respect the intellectual property rights of third parties and ask our users to do the same.
We respond to alleged copyright infringement reports in accordance with the US Digital Millennium Copyright Act ("DMCA"), the E-Commerce Directive and associated legislation within the European Union as well as any other similar or equivalent local laws as appropriate. applicable.
For more information, please visit Zynga's Copyright Page to review our Reporting Guidelines.
We reserve the right to block any player's access to the Services should we consider them a "repeat offender".
We are under no obligation to notify the player of our intention to act on the foregoing.
12.
FEEDBACK AND IDEAS NOT REQUIRED
We may ask the User for feedback on certain features through a promotion or our consumer understanding program.
The User is not obliged to respond to our request.
Any feedback provided by the User at our request through a promotion or program is subject to the specific rules of the promotion or program.
All ideas, information or feedback sent voluntarily by the User are subject to our Policy on Unsolicited Ideas.
13.
AVAILABILITY OF SERVICES; DISCLAIMER OF WARRANTY
Zynga, the Zynga Corporate Group, and the Zynga Affiliates make no promises or warranties that the Services or content thereon will always be available, uninterrupted, or error-free.
We may suspend, revoke or limit the availability of any part of our Services for business or operational reasons.
USE OF THE SERVICES AT THE USER'S SOLE RISK.
THE SERVICES ARE PROVIDED "AS IS".
TO THE EXTENT PERMITTED BY APPLICABLE LAW, ZYNGA, THE ZYNGA COMPANY GROUP AND THE ZYNGA SUBSIDIARIES MAKE NO WARRANTIES, CONDITIONS OR OTHER TERMS OF ANY KIND, EXPRESS OR IMPLIED, WITH REGARD TO THE SERVICES.
ZYNGA, THE ZYNGA COMPANY GROUP AND THE ZYNGA SUBSIDIARIES DISCLAIM ANY IMPLIED WARRANTY OR WARRANTIES, CONDITIONS OR OTHER TERMS OF NON-INFRINGEMENT, MERCHANTABILITY, PEACEFUL ENJOYMENT OR FITNESS FOR A PARTICULAR PURPOSE.
In the event that the State or country of residence of the User does not allow these exclusions of liability, the latter will not apply to the User.
If the State or country of residence of the User requires a certain period of application of a guarantee, it will correspond to the shorter of 30 days from the first use of the Services by the User or the shortest period required by law.
14.
LIMITATIONS; DISCLAIMERS OF LIABILITY
THE USER ACKNOWLEDGES THAT ZYNGA, THE ZYNGA COMPANY GROUP AND THE ZYNGA AFFILIATES ARE NOT LIABLE
(1) OF ALL INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY OR INDIRECT DAMAGES, INCLUDING LOSS OF PROFIT, LOSS OF GOODWILL OR DATA ARISING IN ANY WAY FROM THE USE OR INABILITY TO USE THE SERVICES; OR
(2) OF THE CONDUCT OF THIRD PARTIES, INCLUDING OTHER USERS OF THE SERVICES AND OPERATORS OF EXTERNAL SITES.
THE RISK ASSOCIATED WITH THE USE OF THE SERVICES AND EXTERNAL SITES RESTS SOLELY WITH THE USER, AS WELL AS THE RISK OF ANY DAMAGE CAUSED BY THE SERVICES AND EXTERNAL SITES.
TO THE MAXIMUM EXTENT PERMITTED BY ANY APPLICABLE LAW, THE DISCLAIMERS OF THESE TERMS APPLY TO ALL DAMAGES OR LOSSES CAUSED BY THE SERVICES OR IN CONNECTION WITH THE USE OF THE SAME, OR INABILITY TO USE THE SERVICES, UNDER THE ANY LEGAL ACTION IN ANY ORDER, INCLUDING, BUT NOT LIMITED TO, ACTIONS FOR BREACH OF WARRANTY, CONTRACTUAL OR EXTRA-CONTRACTUAL BREACH (INCLUDING NEGLIGENCE).
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, THE TOTAL LIABILITY OF ZYNGA AND / OR THE SUBSIDIARIES OF ZYNGA IS LIMITED TO THE TOTAL AMOUNT PAID IN FAVOR OF ZYNGA AND / OR THE CENTRAL BUSINESS GROUP OF ZYNGA AND / OR THE SUBSIDIARY OF ZOTTANTA ) DAYS IMMEDIATELY PRIOR TO THE DATE OF FIRST SUBMISSION OF THE LEGAL ACTION.
IF YOU HAVE NOT PAYED ANY AMOUNT IN FAVOR OF ZYNGA, THE ZYNGA COMPANY GROUP, OR ANY SUBSIDIARY OF ZYNGA IN THE ONE HUNDRED EIGHTY DAYS (180) IMMEDIATELY PRIOR TO THE DATE OF FIRST LEGAL ACTION THE DISCLAIMER OF ANY DISPUTE WITH ZYNGA AND / OR WITH THE ZYNGA COMPANY GROUP, AND / OR ANY SUBSIDIARY OF ZYNGA IS THE INTERRUPTION OF THE USE OF THE SERVICES AND THE CANCELLATION OF YOUR ACCOUNT.
Some states or countries do not allow the exclusion of certain guarantees or limitations / exclusions of liability such as those described above, with the consequence that these limitations / exclusions may not apply to users residing in one of the aforementioned states or countries.
The aforementioned limitations / exclusions apply in full to users residing in New Jersey.
The aforementioned limitations / exclusions do not apply to users residing in the EEA.
For such users, if Zynga fails to comply with these Terms, Zynga will be liable for any loss or damage suffered by the User that is the foreseeable result of Zynga's failure to comply with these Terms or the consequence of negligence on the part of Zynga, even if Zynga is not responsible for unforeseeable loss or damage.
Loss or damage is considered foreseeable if it is an obvious consequence of our non-compliance or if it was contemplated by the User and Zynga at the time of entering into these Terms.
15.
ARBITRATION AGREEMENT AND RENUNCIATION OF CLASS ACTION
THIS SECTION APPLIES ONLY TO PLAYERS IN THE UNITED STATES AND CANADA.
If the User is experiencing a problem with the Services, many issues can be resolved on one of our player forums.
Before taking legal action, the User must first contact our Customer Support team at https://www.zynga.com/support.
In the event that it is not possible to resolve the dispute between the User and Zynga through Customer Support, the User and Zynga will agree to submit to the arbitration as indicated below.
Acceptance of the Arbitration by the User and Zynga
By voluntarily agreeing to these Terms (and in many of our Services voluntarily clicking or using a play button indicates acceptance of these Terms), You, Zynga and any member of the Zynga Corporate Family Group all agree, to the fullest extent permitted by law, in referring to final and binding arbitration any disputes arising, relating or related to the Terms, the Terms of the Functions, the Community rules, our cooperation with you or the Zynga Services, including, by way of example, the use of the Services by the User and the information provided by the same through the Services.
This provision applies to all claims arising for any reason, unless the claim falls within the scope of the Arbitration Convention Waivers identified below.
This arbitration agreement will also apply after termination of the use of your Zynga account or its cancellation by the User. (
In this Article 15 and 17, the User, Zynga and any member of the Zynga Corporate Group may be referred to individually as "a party" or jointly as "the parties").
The arbitration proceedings take place before a neutral arbitrator in place of a judge or jury.
Therefore, by voluntarily accepting these Terms, the User, Zynga and any member of the Zynga Business Group all agree to waive the right to sue before a judge or jury.
Arbitration is subject to different rules than legal actions conducted in court.
They are less formal than legal actions in court and offer limited opportunities to oblige the other party to share information relevant to the dispute, a process known as discovery.
The arbitrator has the power to recognize the same damages and remedies on an individual basis recognized by a court against a natural person, subject to the limits set out in these Terms.
However, if one of the parties does not agree with the arbitrator's decision, the courts will have only limited power to modify the outcome of the arbitration or to request the arbitrator to review their decision.
If a party disagrees as to the enforceability or applicability to the dispute of this Article 15 (or any part of Article 15, including but not limited to the provisions relating to arbitration, class action waiver and unsubscribe) all parties agree that exclusive jurisdiction to decide on such matters will rest with the court.
Should a court decide that any provision in the headings "Prohibition of Class Action" or "Related Claims" is not enforceable or valid, the entire Article 15 (Arbitration Agreement and Class Action Waiver) will not be valid and effective (will be then expunged).
The remaining Terms, Feature Terms and Community Rules will remain applicable.
In addition, if you, Zynga, or a member of the Zynga Business Group bring a legal action in a court that should be subject to arbitration or if either party refuses to refer a case subject to arbitration to arbitration, the other party may apply to a court to order the parties to defer the decision of the case to arbitration (or impose arbitration).
The User, Zynga or the member of the Zynga Business Group may also request a court to stop a judicial proceeding (or suspend the judicial proceeding) while an arbitration procedure is in progress.
The arbitration procedure
The American Arbitration Association (AAA) will govern any arbitration proceedings between You and Zynga or the member of the Zynga Corporate Group, and the current AAA rules and procedures will apply therein. including the Consumer Arbitration Rules.
The rules and procedures of the AAA are available on the website www.adr.org.
In the event of any discrepancies between these Terms and the AAA rules and procedures, the parties agree to follow these Terms.
To start an arbitration procedure, use the form on the AAA website (www.adr.org).
If the User resides outside the United States, the arbitration may take place in the county of residence at the time the arbitration request is submitted.
If the User resides in the United States, the arbitration will be initiated in the State of California, United States of America.
The User and Zynga also agree to submit to the personal jurisdiction of the federal state of San Francisco County, California to suspend the pending arbitration proceedings or to confirm, modify, withdraw or request the execution of the ruling recognized by the arbitrator.
Zynga agrees that in order to initiate any arbitration claim against You with the AAA, Zynga will need to enter the following information in addition to what the AAA requires: (1) identification information associated with any Zynga account it can identify, (past or present), including Zynga IDs, Facebook IDs and email addresses, and (2) a specific explanation of how Zynga found itself harmed by your behavior and the facts supporting the monetary compensation claim .
You agree that to initiate any arbitration claim against Zynga with the AAA, You will need to enter the following information in addition to what the AAA requires: can identify, (past or present), including Zynga IDs, Facebook IDs and email addresses and (2) a specific explanation of how You felt affected by Zynga's conduct and the facts supporting the request for monetary compensation.
The User and Zynga agree to appear (personally or remotely by telephone, video conference or other live electronic communication) at the hearings unless the User and Zynga agree otherwise.
The payment of all costs and expenses for the presentation of documents, administrative and arbitration will be governed by the Rules of Arbitration of the AAA for Consumers unless the User proves that such costs and expenses are excessively burdensome compared to a proceeding in court, Zynga will pay the amount of such costs and expenses that the arbitrator deems necessary to prevent arbitration from being even more onerous than court proceedings (subject to the reimbursement set out below).
In the event that the arbitrator decides that all claims made in the arbitration are unsubstantiated under provision 11 of the Federal Rule of Civil Procedure, You agree to reimburse Zynga all the expenses and costs incurred by the latter and which the User would have had to pay in accordance with the AAA regulations.
In the event that the AAA is unable to appoint an arbitrator for a claim filed by you or by Zynga, either party may request the appointment of an arbitrator from a state or federal court in San Francisco, California.
The arbitrator appointed by the court will carry out the arbitration in accordance with the rules and procedures of the AAA (including with regard to costs and expenses), unless the aforementioned Terms provide otherwise.
Related claims
The parties agree that, in the event that multiple claims are filed with the AAA arising from the same or substantially the same transactions, occurrences or events ("Related Claims"), said arbitration claims (whether they are brought against of Zynga or the User) will be dealt with individually by the AAA and in the order of presentation.
The parties agree that the AAA may not accept the Related Claims for arbitration or charge any filing fees for a Related Claim, until the Related Claim (s) submitted are accepted for arbitration. previously and an arbitrator is appointed for the Related Claim (s). In the case of simultaneous submission of multiple Related Claims, the parties agree that these are dealt with individually and with an order decided by the AAA, and that the latter will not accept this Related Claim for arbitration nor any filing costs for the Related Claim until an arbitrator is appointed for the Related Claim (s) considered to be of a previous order.
In order to ensure the impartiality and independence of the arbitrator required under the AAA regulations, the parties agree that the arbitrator involved in any Related Claim cannot be appointed to decide on the claim.
Exceptions to the Arbitration Agreement
The parties agree to refer the decision of disputes to the court
The intellectual property of the User, of Zynga or of a member of the Zynga Corporate Group (for example, trademarks, distinctive signs, domain names, trade secrets, copyrights or patents); or
Relating to any violation of the Community Rules;
In cases where the only remedy available is an injunction; or
As part of the jurisdiction relating to small claims disputes.
The parties agree not to request injunctive relief in arbitration, which must be requested in court.
In the event of a dispute of a party in which this requires the obtaining of injunction measures and other measures, the party must request the injunction in court and proceed with the arbitration to request the other measures.
Please see attached screenshots for further reference.
For more information on the courts to which the parties can appeal for the resolution of these types of disputes, see Article 17 (Court for Disputes Not Subject to Arbitration).
Prohibition of Class Action
By voluntarily agreeing to these Terms (and in many of our Services clicking or using a play button indicates acceptance of these Terms), You, Zynga, and the Zynga Business Group agree that the parties may sue them. against each other exclusively on an individual basis.
This means:
The parties agree that neither You nor Zynga or any other member of the Zynga Corporate Group will be able to bring a lawsuit as a plaintiff or class member of a class action, related action or group action. .
The parties agree that the arbitrator does not have the power to join more than one legal action by an individual in the same case and does not have the power to preside over related, category or group arbitration proceedings (unless the parties agree to modify the aforementioned exclusions).
The parties agree that the arbitration decision or award in an individual's lawsuit may only affect the person filing the lawsuit, not other Zynga players, and may not be used to decide other disputes with other players. .
Waiver of the Arbitration Agreement and Waiver of the Class Action
The User has the right to renounce the arbitration and not be bound by it and to renounce the provisions on the class action referred to in this Article 15 by sending us a written communication concerning his decision through the Customer Support or through the service. as indicated in the Communications.
The communication must be sent within 30 (thirty) days from the first use of the Services or waiver availability, based on which of the two dates is later, otherwise the User will be bound to refer the disputes to arbitration on the basis of what is indicated in the 'Article 15.
In the event of waiver of the arbitration provisions, Zynga will not be bound by them either.
Amendments to Article 15 on the Arbitration Agreement and Waiver of the Class Action
We will provide the User with 60 days notice by email or through the Services in the event of changes to this Article 15 with reference to our Arbitration Agreement or Class Action Waiver.
If this article on "Amendments to Article 15 on the Arbitration Convention and Class Action Waiver" is not applicable or valid, the aforementioned provision will be removed from Article 15, and the court or arbitrator will apply the article Arbitration Convention and Waiver of the Class Action in force after the use of the Services by the User.
Survival
This Section 15 will continue to be effective after the termination of these Terms.
16.
APPLICABLE LAW
If you are a resident of the United States, you agree that these Terms affect interstate trade and that the Federal Arbitration Act (including its procedural provisions) govern the interpretation and enforceability of the Article 15 (Arbitration Agreement and Class Action Waiver).
In addition to the foregoing, these Terms and our collaboration with the User will be governed by Californian law, with the exclusion of the rules of private international law.
If the User resides outside the United States, these Terms and our collaboration with the User will be governed by Irish law, with the exclusion of the rules of private international law.
17.
FORUM FOR LEGAL DISPUTES NOT SUBJECT TO ARBITRATION
If you are a resident of the United States, legal proceedings (other than small claims) that are excluded from the Arbitration Convention set forth in Article 15 must be brought before the state or federal courts of San Francisco, California, unless that both parties do not agree on an alternative forum.
You, Zynga and the Zynga Group of Businesses accept the personal jurisdiction and jurisdiction of San Francisco, California.
If the User resides in any place other than the United States, legal proceedings must be brought before a court of competent jurisdiction in the state of main residence ("applicable jurisdiction"), unless the parties agree on an alternative forum.
You, Zynga and the Zynga Business Group accept the personal jurisdiction and jurisdiction of the Applicable Jurisdiction.
18.
INDEPENDENCE OF TERMS
Each paragraph of these Terms operates independently.
Except as indicated in Article 15 under the heading "Prohibition of Class Action", if any part of these Terms, Function Terms, Community Rules is not applicable, the remaining parts of the Terms, Function Terms, Community Rules will continue to be valid and binding, and any unenforceable terms will be replaced with terms that come as close as possible from an economic point of view to the unlawful or unenforceable term.
19.
ASSIGNMENT
We have the right to assign our rights or obligations under these Terms, Function Terms, Community Rules to any person or legal person at any time, with or without the User's consent.
You are not entitled to assign your rights or obligations under these Terms, Feature Terms, Community Rules to any person without Zynga's written consent and any attempt to do so without our consent will be void. .
20.
INDIVISIBLE CONTRACT
These Terms and any other information or regulations to which we refer in these Terms constitute the entire agreement between you and us regarding the subject matter of these Terms and will supersede all previous understandings between the parties relating to the subject matter of these Terms. , whether such understandings have been agreed in electronic, oral or written form or established by custom, practice, policy or precedent between the User and us.
This provision does not apply to Users residing outside the EEA.
21.LANGUAGE OF TERMS
If we need to provide a translated version of these Terms, Function Terms, Community Rules or Zynga's Privacy Policy, or any other terms or information, the translated version will be for informational purposes only.
If the translated version should take on a different meaning than the English version, the latter version will be authentic.
This provision does not apply to Users residing outside the EEA.
22.
EXCLUSION OF WAIVER
In the event of failure to exercise our rights under these Terms, Function Terms, Community Rules, this does not imply the waiver of the subsequent exercise of our rights.
In the event of an express waiver of a provision of these Terms, Terms of Functions, Community Rules, this does not mean that such waiver will apply indefinitely in the future.
In the event of our waiver to assert the non-fulfillment or violation of the User, this waiver must be made exclusively in writing, and will not result in the automatic renunciation of subsequent breaches or violations by the User.
23.
COMMUNICATIONS
In the event of communications from us under the Terms, Feature Terms or Community Rules, we may send them to You by posting a notice on www.zynga.com or the Zynga game (s) referred to uses the User, by sending an e-mail or using other methods of communication with the User based on the contact details that are provided to us by the latter.
If the User needs to send us a communication pursuant to these Terms, Terms of Functions, Community Rules, he must send the communication in writing and address it to Zynga Inc.,
Attn: LEGAL DEPARTMENT, 699 8th Street, San Francisco, CA 94103, unless otherwise specified by us.
24.
MAJOR FORCE
We are not responsible for changes or problems beyond our control, for example changes or problems caused by natural disasters, war, terrorism, riots, embargoes, acts of civil or military authorities, fires, floods, accidents, network infrastructure failures, strikes or shortages of transportation, fuel, energy, workforce or materials.
The aforementioned provision does not apply to users residing within the EEA.