Regulations
Effective Date: October 7, 2020
Last Modified Date: October 7, 2020
IMPORTANT NOTICE: FOR US AND CANADA PLAYERS, DISPUTES BETWEEN PLAYERS AND ZYNGA MUST BE RESOLVED INDIVIDUALLY BY BINDING ARBITRATION, UNLESS AN EXCEPTION APPLIES.
See section 15 (Arbitration Agreement and Class Action Waiver) for more information.
Zynga's mission is to connect the world through games.
We offer fun and party games to people all over the world.
Please read the Terms and Conditions and the Privacy Policy before using the Zynga Service.
These Regulations define the terms and conditions applicable to the user of our Website (described below).
By using the Website, you agree to be bound by these terms and conditions.
If you do not agree to these terms and conditions, you may not use the Website.
Our Privacy Policy describes how we collect, store, use, disclose, and otherwise process your personal information in the course of providing our services, and your rights and choices regarding the management of your data.
By using the Website, you accept our Privacy Policy.
If you do not consent to Zynga collecting, storing, using or sharing your information as described in our Privacy Policy, you may not use the Service.
"Zynga", "we", "our", "us", "us" in these Terms and Conditions designate Zynga Inc.
and the Zynga Group.
Zynga Inc.
is located at 699 8th Street, San Francisco, California 94103.
In all cases, "Zynga", "we", "our", "us", "us" includes agents, consultants, employees and managers.
1.
DEFINITIONS
"Account" means the account you create when you access the Website
"Community Rules" means the rules of conduct available here that govern your interaction with the Service and other players.
"Feature Terms" means all other platform and API policies such as platforms and APIs, mobile applications, forums, contests, subscriptions or loyalty programs that we may publish that will apply to your use of those specific services and form part of these Regulations.
"Offers" means special programs, including offers, tours, and special gifts, whether digital or in-kind, that Zynga may offer to certain deserving players from time to time.
"Site" means our games, products, services, content, Zynga.com and / or other domains or sites operated by Zynga.
"Terms of Service" or "Terms" means these terms and conditions.
"User Content" means all data that you post, transmit, create or generate through the Service.
These include content such as your profile picture, in-game, video or chat texts, in-game artwork, or other content of your design or authorship.
"Virtual Items" means (a) virtual currency, including but not limited to virtual coins, money, tokens or points, all used on the Service, and (b) virtual in-game items.
"Zynga Group" means Zynga's subsidiaries, parent companies, joint ventures and other co-owned corporate entities and their agents, consultants, employees and management.
"Zynga Affiliates" means the Zynga Group and third party content creators, distributors, licensees, or licensors.
2.
CHANGES TO THIS TERMS
We reserve the right, at our discretion and at any time, to change, modify, add or remove portions of the Terms, Community Policies, Features Terms, by posting a new version of the Terms, Community Terms or Features Terms on our site or on the Service ( e.g.
via in-game messages).
We reserve the right to provide additional relevant information by e.g.
e-mail or messages within the website about significant changes.
Unless we agree otherwise, the changes are effective from the time they are posted.
New versions of the Regulations, Community Rules, Features Regulations and any other rules and regulations will be available at www.zynga.com or on the Website.
If you use the Website after any changes have been posted, you agree to be bound by those changes as you continue to use the Website.
You may not change the TOS, Community Rules, or Feature Rules unless both you and Zynga sign a written amendment.
For claims against Zynga, the version of the TOS, Community Rules, and Feature Rules will govern at the time Zynga receives notice of the claim.
If there are provisions or information in the Terms or our Privacy Policy that conflict with other Zynga policies, these Terms and Conditions and the Privacy Policy will prevail.
3.
ACCOUNT INFORMATION AND SECURITY
To enable you to use our Website, we may ask you to create an account and choose a password and to provide certain personal data, including e.g.
your name, date of birth, email address and, in some cases, information about the method of payment.
This information will be retained and used in accordance with Zynga's Privacy Policy.
You consent to provide Zynga with accurate, complete, and updated information, including your email address.
You are responsible for the security of your Account.
Do not share your Account details or allow others to access or use your Account.
We treat all activities performed through your Account as performed by you.
You are therefore responsible for all activities performed through your Account, whether or not authorized by you, including purchases made using any payment tool (e.g.
credit card or PayPal) and you understand that you may be held liable for losses incurred by us or by any other user of the Website caused by a third party using your Account.
If you become aware of any actual or alleged loss, theft, fraud or unauthorized use of your Account or Account password, please inform us immediately.
4.
USING OUR WEBSITE
Who can use our Service: We are glad that you want to play our games.
However, please note that there are certain restrictions on who can use our Website.
It is forbidden to use our Website if:
You cannot enter into a binding contract with Zynga.
If you are under the age of 13 (or under 16 if you are from the European Economic Area ("EEA")), you may not create an Account, use the Service, or provide any personal information on the Service or to Zynga (e.g.
your name, address, telephone number or email address).
This prohibition does not apply only to the extent that Zynga has an age-controlled website collecting age data before allowing the user to continue, and the age-controlled website allows users who identify themselves to be under the age of 13 ( or than 16 in the EEA) to use the Website. (
In accordance with our Privacy Policy, in the aforementioned cases, we will offer a version of the Website that does not collect, use or disclose personal data, except in cases where the processing and its degree is permitted by applicable law on the protection of personal data, including other by the Act on the Protection of Children's Online Privacy, or with a valid parental consent.)
You may not receive products, including services or software, from the United States if you are from an embargoed country or if you are on the Specially Designated Nationals list of the US Department of the Treasury.
You have been convicted of a sexual offense.
You have previously been banned from playing any of Zynga's games or from using any of Zynga's services, unless Zynga has waived this ban in its sole discretion.
If you are under the age of 18 or under the laws of your country of residence, you confirm that your legal guardian has agreed to the terms of these Regulations.
Additional important terms and conditions:
If you use our Service, you must follow the Zynga Community Member Policy and any other applicable Feature Terms.
These additional terms and conditions apply outside of the Terms and Conditions and are relevant.
Please read them.
If you access our Website via one of the social media, such as Facebook, or download the Website from another platform, such as Apple or Google, you must also comply with the terms and conditions of using the services of a given third party as well as these Regulations.
Accessing our Website:
To access our games or create an Account on our portal, you may need an account on a social profile, such as Facebook, and if you use our Mobile Services, an account created with an application provider such as
Apple iTunes account.
You may need to update your third-party software to use the Service and Zynga games.
We offer games and other services.
The user himself provides the equipment (computer, phone, tablet, etc.)
and pays for connection to the Internet and app store, as well as for data transmission or using the phone to download and use the Website.
Changes to the Website and limitations:
Our Site is evolving, and we may require you to accept updates to the Site as well as Zynga's Terms and Conditions, Community Policy, Features Terms and Zynga's Privacy Policy.
We may from time to time require you to update your game or software to continue using our Service.
We may make these updates remotely, including Zynga software installed on your computer or mobile device, without notifying you.
Zynga reserves the right to stop offering or supporting the Service, or a particular game or part of the Service, at any time, either temporarily or permanently.
Then your rights to use the Website or any part of it automatically expire or are suspended.
In such event, unless otherwise provided by applicable law, Zynga shall not be obligated to refund any fees, benefits, or other compensation for any interruption of Service features or Virtual Items earned or purchased previously.
ZYNGA MAY, AT ITS SOLE DISCLAIMER, RESTRICT, SUSPEND, CLOSE, MODIFY OR DELETE AN ACCOUNT OR ACCESS TO THE SERVICE OR ANY PART OF IT; PROHIBIT ACCESS TO OUR GAMES AND SITES AND THEIR CONTENT, SERVICES AND TOOLS; DELAY OR DELETE THE PUBLISHED CONTENT, WHILE ZYNGA HAVE NO OBLIGATION TO COMPENSATE ANY LOSSES INCURRED IN IT.
The above does not apply to users from the EEA.
If you are using our Services within the EEA, we will endeavor to notify you of any material changes that come into effect at least one month in advance.
If you do not agree with these changes, you may decide to cancel your services covered by these Terms.
Removal of a User Account:
You can stop using the Website at any time and request that we delete your Account at any time by following the instructions in our Privacy Policy.
Unless otherwise provided by applicable law, we are not obligated to refund any fees, benefits or other compensation if you request your Account to be deleted.
5.
PROPERTY; LIMITED LICENSE
Games and Service:
The Site consists of works that are owned or licensed by Zynga and are protected by copyright, trademark, utility model, patent and other intellectual property rights worldwide and other applicable laws, rules, or regulations.
All the above rights are reserved.
These Regulations do not grant you or any other person any right, title or participation in the Website or its content.
If you comply with these Terms and any other rules, including the Community Rules and Features Rules, you may use the Website subject to these Terms for your own non-commercial and entertainment purposes.
You agree not to use the Website for any other purpose, and agree that Zynga shall not be liable in any way for any damage or loss arising from its misuse.
Failure to comply with the Regulations or other rules that apply to you may result in taking action against you, including deletion of your account.
In addition to the above, a violation of the law may occur through, e.g.
infringement of Zynga's intellectual property rights.
ANY ATTEMPT TO DISTURB OR INTERFERENCE WITH THE SERVICE, INCLUDING, BUT NOT LIMITED TO, RESTRICTING OR MANIPULATING THE CORRECT OPERATION OF ANY ZYNGI GAME, MEANS A BREACH OF THE RULES OF ZYNGI AND MAY BREATHEN OR BREATHING.
User Account and Virtual Items:
Notwithstanding anything in these Terms of Use, the Community Rules or the Terms and Conditions for features you can use, you are not the owner of the Account you create on the Website, including games, and the Account is not your property.
Thus, you are not the owner of the Virtual Items purchased on the Website, even if they have been "acquired" or "purchased".
Your Account and the associated Virtual Items are the property of Zynga.
Zynga gives you the right and a limited license to use your Account and its associated Virtual Items, and we offer Service on the Site.
IN ORDER NOT TO KEEP UNNECESSARY DATA OR TO IMPROVE THE OPERATION OF THE SERVICE, WE CAN DELETE OR CLOSE INACTIVE ACCOUNTS (E.G.
THESE HAVE NOT BEEN LOGGED IN) FOR 180 DAYS.
It is forbidden to transfer Virtual Items outside the Website (eg.
in "real world"), e.g.
selling, gifting or trading them.
We will not consider this type of transfer legal.
You may not license, trade, sell or attempt to sell Virtual Items for "real" money or exchange Virtual Items for any other valuables outside of the game.
Any such transfer is prohibited and void, we may close your Account for this reason.
User Content:
If you share, post, transmit, or post User Content on the Service, you agree that you will:
truthful;
public;
did not violate the law;
do not violate contractual restrictions or the rights of third parties, and that you have permission to use User Content from a third party whose personal data or other information and intellectual property is contained in User Content;
free from viruses, adware, spyware, worms and any other malicious code;
consistent with our Community Policy.
Your content will be processed by Zynga in accordance with our Privacy Policy.
You are solely responsible for securing and backing up your content.
Any Content you share, publish or transmit will be deemed non-proprietary and non-confidential.
You retain all ownership of your User Content, but give Zynga a perpetual and irrevocable worldwide, royalty-free, non-exclusive license to use, reproduce, distribute, derivative work, display, and display your Content (other than those listed below or in our Privacy Policy) user and any works related to the Website that have been changed and originated from you, including for marketing and promotion purposes.
You represent that, to the extent permitted by law, you waive any moral rights in any User Content (such as the right to be designated as the author of the User Content and the right to object to the use of such User Content).
We have the right to remove some User Content if, in our opinion, it does not comply with these Terms, our Community Policy, and other Feature Terms.
We have the right to disclose your identity to a third party who claims that your User Content infringes their intellectual property rights or their right to privacy.
When we are legally required to do so, your posted content will also be disclosed to third parties and authorities.
Zynga's license to your content terminates when you request your Account to be deleted by reporting to our portal via a Request for Account.
Personal Data as described in our Privacy Policy with the following exceptions:
User Content submitted in response to Zynga promotions, which will be governed by the Feature Terms or other terms of the promotion;
Shared user content that has not been removed or used publicly in accordance with these Regulations; and
Separately licensed user content from Zynga which will be governed by the terms of such license.
If you request removal of User Content, we will take reasonable steps to remove your User Content from active use, which may mean removing your User Content from our systems.
However, User Content may be retained on our systems, including back-up copies.
We may also retain a copy of your User Content if we reasonably believe that it may be legally required to do so.
When you post, post or provide your observations and comments on the Website, e.g.
in forums, blogs and chat, we cannot guarantee that other players will not use the ideas and information you share.
If you have an idea or information that you want to keep confidential and / or don't want others to use it, don't post it.
ZYNGA IS NOT LIABLE FOR ANY OTHER PERSONAL OWNERSHIP OR USE BY A THIRD PARTY WHICH YOU POST, PUBLISH OR GIVE IN FORA, BLOG OR CHAT.
6.
CONTROL OVER THE USE OF THE WEBSITE AND CONTENT PUBLISHED BY USERS
We are under no obligation to monitor the Service for inappropriate or illegal Content and are not responsible for such behavior.
We are also not responsible for information, materials, products or services provided by other players (e.g.
on their profiles) and User Content is not accepted by us.
You understand that when using the Website, you may encounter behavior that you find offensive or otherwise objectionable.
We are not responsible for any user content published on the Website, and we do not guarantee that it is true or accurate.
However, if someone violates the Regulations or uses the Website in an inappropriate way, please inform us using the "Report a violation" link provided on the Website or by contacting our Customer Service department. (
Please contact us via https://support.smallgiantgames.com/ about breaking the rules regarding Empires & Puzzles.
Please send inquiries / requests regarding Puzzle Combat to us via https://smallgiantgames.helpshift.com/a/puzzle-combat/).
We are not obligated to monitor the Website, but we have the right, at our discretion, to monitor, record, store data regarding your interaction with the Website, communication with Zynga or other players at the time you use the Website (including, but not limited to, messaging in game or video chat).
More information on this subject can be found in the Privacy Policy.
We may, at our sole discretion, amend or remove any User Content or any other material or refuse to post it if we believe it raises our concerns.
If we conclude that your communications or User Content violate these Terms of Use, the Feature Terms or the Community Membership Policy, we have the right, at our discretion and without notice, to prevent you from posting Content or communicating with other players or to terminate your access to the Service altogether.
7.
YOUR RELATIONSHIP WITH OTHER PLAYERS
You are responsible for your interactions with other players.
If you have a problem with another player we are not obligated to react, but we can if we wish.
If you enter into a dispute with another player, you release Zynga, the Zynga Group, and Zynga Affiliates from any complaints, claims, and damages (actual and consequential) of any kind, known or unknown, arising out of or relating to the dispute.
The foregoing includes damages related to loss of profits, goodwill, use or data.
The above does not apply to users from the EEA.
If you are in the EEA, your liability to Zynga is governed by the laws of your country of residence.
As part of the Website, we can offer the possibility of playing with friends and other opponents on the network.
In order to be able to ensure that opponents are always available at the appropriate level, some of these opponents may be auto-generated players who look and play like real people.
If you are in California, you are opting out of section 1542 of the California Civil Code, which states: "The general waiver of claims does not extend to cases where the creditor did not know or suspect that they existed at the time the waiver was signed, and knowledge of of these claims would significantly affect the terms of the contract concluded with the debtor ”.
We allow the Website to be used to send SMS or MMS text messages to friends, family and other contacts.
You are under no obligation to send such messages and are entirely responsible for them, and you understand that standard text messaging and data tariffs may apply to services provided by your mobile operator.
You also understand that Zynga has no control over the recipients, content, or timing of sending and receiving these messages.
If you decide to send a message via the Website, you assure us that the recipients of the message have duly consented to receiving the message.
8.
TERMS OF PAYMENT
We offer services in the form of access to the game, Virtual Items and other Website.
We may use "real money" on the Site to obtain a limited license and right to use Virtual Items or other goods or services.
How it's working:
You receive a limited license and the right to use the Items by visiting the purchase page of one of our games or the Service and agreeing to charge you via the platform you use to play (e.g.
Facebook, Apple, Google).
If you are making a purchase on Zyngagames.com, zyngapoker.com, gotslotscasino.znyga.com, or any other Zynga-owned site, the payment page will inform you of the available payment methods that you can use to pay for your purchase.
The price of the product will be the price displayed on the order page when placing the order.
Upon completion of your purchase, we may send you a confirmation email informing you of the items you have ordered.
Please check that all the information in the confirmation is correct as soon as possible and keep a copy.
To answer any future transaction related questions, Zynga maintains a record of transactions made on Zyngagames.com.
Zynga is not a party to the transaction when you purchase Virtual Items in our games on other platforms such as Facebook, Apple, or Google.
Thus, your purchase is subject to the third party platform's payment terms.
For more information, see the platform's terms and conditions.
For refunds for purchases made via Facebook or Google, you can also contact our Billing Department, described below.
The Virtual Items you order mean that we are making an offer to obtain a limited license and the right to use the relevant Service (s) or Virtual Item (s), which we will accept when we accept payment.
The validity of the license begins at the time described above.
To order a limited license and the right to use Virtual Items, click the purchase / order button on the purchase page and thereby:
you accept that you will receive the Virtual Items the moment we accept your order; and
if you live in the European Union ("EU"), you accept that you will therefore not have a right of withdrawal under the Consumer Rights Directive (and provided for by the legislation of the country in which you live) at the time you receive the Virtual Items.
You understand that you may "acquire," "buy" or "acquire" Virtual Items on our Service, but you do not legally own the Virtual Items, and the value of any Virtual Item does not relate to any real currency credit balance or equivalent.
Any "Virtual Currency" balance shown in your Account does not represent an actual balance or any accumulated value, it is merely a measure of the extent of your limited license.
ANY AND ALL SALES ARE FINAL: ACKNOWLEDGE THAT Zynga IS NOT OBLIGATED TO REFUND FOR ANY REASON THAT DO NOT RECEIVE MONEY OR OTHER COMPENSATION FOR unused COURSES VIRTUAL IF ACCOUNT IS CLOSED, WHETHER IS CLOSED INTENTION OR NO, OR DO YOU HAVE MADE YOUR PAYMENT BY ZYNGAGAMES.
COM OR ANOTHER PLATFORM SUCH AS APPLE, GOOGLE, FACEBOOK, OTHER WEBSITES OR PLATFORMS WHERE WE OFFER OUR SERVICES.
THE PURCHASE OF A LIMITED LICENSE AND THE RIGHT TO USE VIRTUAL ITEMS IS NOT SUBJECT TO RETURNS TO THE FULLEST EXTENT PERMITTED BY LAW.
Additional payment terms:
By using your account, you undertake to pay all fees and taxes.
Zynga may update the price list of products and services licensed to you through the Service at any time.
Subscriptions are subject to additional Subscription Terms.
Billing department:
To contact the Billing Department, please contact Customer Service or call our Customer Service department at 1-800-762-2530 (North America) or your country code +80011551398 (all other countries).
Note: Billing customer support is available in English only.
The numbers provided are for invoice related matters ONLY.
The person who answers the call in Billing will NOT be able to help you with technical, game flow or other game purchase matters.
For matters not related to invoices, please contact our Customer Service department.
9.
PROMOTIONS AND OFFERS
We may offer time-limited promotions at any time.
Please see the official promotion rules in the Feature Rules (if any).
They are in force in addition to these Regulations.
Additionally, we may publish Listings at any time.
We are under no obligation to submit Tenders and you are under no obligation to accept them.
Offers are non-transferable and cannot be redeemed or exchanged for other properties, unless we state otherwise.
If you accept the Offer, we may require you to sign a declaration of compliance with the criteria and indemnification.
Certain Offers will involve taxes or additional fees, travel or activities outside the virtual world, all will be submitted prior to accepting the offer.
If you accept the Offer, you assume the obligations and responsibilities related to the Offer.
10.
OUTDOOR ADVERTISING
Our Website may place advertisements for us and other companies.
Our Privacy Policy explains what information we share with advertisers.
Please read it.
Sometimes we include in our games or the Website links to websites of other companies that invite you to participate in a promotional offer and in exchange for participation, offer a function or an improvement of it on the Website (such as
in-game currency).
You assume your own responsibility for any liabilities or receivables in relation to these companies.
We are not responsible for any external website linked to on the Website.
Links do not imply that we endorse or endorse this site or the information on it.
We do not accept liability for any claims relating to the content, goods or services of any third party.
Please note that we have no control over the linked third party sites and they may collect data or request personal information or automatically collect your information.
If you use the above-mentioned
external sites and services, the third party may (but need not) ask you for permission to access your data and content.
We are not responsible for the content, business practices or privacy policies of third parties, or for the way they collect, use or share the information they receive from you.
11.
COPYRIGHT INFORMATION / COMPLAINTS
We respect the intellectual property rights of others and ask the player to respect them as well.
We respond to information about alleged copyright infringement under the US Digital Millennium Copyright Act (“DMCA”), the European Internet Commerce Directive and related EU legislation, and similar applicable local laws or their equivalent.
For more information, please visit Zynga's Copyright page, please see our Notification Guidelines.
We reserve the right to terminate access to the Website to any player we find "repeated violations".
We are under no obligation to notify the player of this in advance.
12.
OPINIONS AND IDEAS
We may ask for your feedback on certain features of promotions or customer behavior research programs.
You are under no obligation to answer our questions.
Any feedback you express under a promotion or program will be governed by the rules applicable to the promotion or program.
Any ideas, information or opinions you contact us with are subject to the Ideas Policy.
13.
SERVICE AVAILABILITY, DISCLAIMER
Zynga, the Zynga Group, and Zynga Affiliates make no promise or guarantee that the Service or its content will always be available, uninterrupted, or error-free.
We may suspend, revoke or limit the availability of all or part of the Website for commercial or operational reasons.
YOU USE THE WEBSITE ONLY AT YOUR OWN RESPONSIBILITY.
THE SERVICE IS PROVIDED "AS IS".
TO THE EXTENT PERMITTED BY APPLICABLE LAW, ZYNGA, ZYNGA GROUP, AND ZYNGA PARTNERS ARE NOT OBLIGATED TO KEEP ANY RIGHTS ARISING FROM WARRANTIES, CONDITIONS OR ANY OTHER EXPRESSIVE OR EXPRESSIVE PROVISIONS.
ZYNGA, ZYNGA GROUP, AND ZYNGI PARTNERS MAKE NO WARRANTIES OF TITLE OR IMPLIED WARRANTIES, CONDITIONS OR OTHER PROVISIONS OF LEGAL COMPLIANCE, MERCHANTABILITY, UNINTERRUPTED ENTERTAINMENT OR SUITABILITY.
These waivers of rights do not apply to you unless permitted by your state or country of residence.
If your country requires an applicable warranty period, this will be the shorter period of 30 days from the first use of the Website or the shortest period required by law.
14.
RESTRICTIONS; INDEMNIFICATION
YOU ACCEPT THAT ZYNGA, THE ZYNGA GROUP AND ZYNGA PARTNERS ARE NOT RESPONSIBLE
(1) FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR INCIDENTAL DAMAGES, INCLUDING LOSS OF PROFIT, VALUE OR DATA OR ANY OTHER DAMAGE ARISING FROM THE USE OR IMPOSSIBILITY OF THE SERVICE; OR
(2) FOR THE CONDUCT OF THIRD PARTIES, INCLUDING OTHER SERVICE USERS AND THIRD PARTY OPERATORS.
YOU ALSO BEAR THE RISK ASSOCIATED WITH THE USE OF THE WEBSITE AND THIRD PARTIES, AS WELL AS THE RISK OF DAMAGE FROM THE WEBSITE AND THIRD PARTIES.
TO THE MAXIMUM EXTENT PERMITTED BY ANY APPLICABLE LAW, RELEASE OF LIABILITY APPLIES TO ANY DAMAGES CAUSED BY THE SERVICE OR RELATED TO THE USE OR INABILITY TO USE THE SERVICE, CAN NOT FORM THE BASIS OF ACTION BY ANY JURISDICTION, INCLUDING, BUT NOT LIMITED TO CLAIMS DUE TO BREACH OF WARRANTY, NON-PERFORMANCE OF THE CONTRACT OR PROHIBITED ACT (INCLUDING NEGLIGENCE).
TO THE MAXIMUM EXTENT PERMITTED BY ANY LAW, THE TOTAL LIABILITY OF Zynga GROUP Zynga AND PARTNERS Zynga IS LIMITED TO THE TOTAL SUM PAYMENTS MADE ON ACCOUNT Zynga, GROUP Zynga, AND / OR PARTNERS Zynga DURING hundred and eighty (180) DAYS IMMEDIATELY PRECEDING THE DATE FIRST ACKNOWLEDGMENT OF CLAIMS.
IF you have not made ANY PAYMENTS ON ACCOUNT ZYNGI, GROUP Zynga or any partner ZYNGI within one hundred eighty days (180) IMMEDIATELY PRECEDING THE DATE OF DECLARATION OF CLAIMS, YOUR SOLE AND EXCLUSIVE WAY TO SETTLEMENT OF DISPUTE WITH Zynga GROUP Zynga AND / OR PARTNER ZYNGI IS DISCONTINUED USING THE WEBSITE AND CLOSING YOUR ACCOUNT.
Some states do not allow the exclusion of certain warranties or the limitation / release of the above.
liability, which means that these restrictions / exemptions may not apply to you if you live in one of the above-mentioned
states.
These restrictions / exemptions apply entirely to New Jersey residents.
These restrictions / exemptions do not apply to EEA users.
For these users, if Zynga fails to comply with these T & Cs, Zynga will be responsible for any loss or damage you incur due to the foreseeable consequences of Zynga's breach of these T & Cs or as a result of Zynga's negligence, but Zynga will not be liable for any loss or damage that could not be foreseen.
Loss and damage is foreseeable if it is an obvious consequence of our breach or was considered by you and Zynga at the time of adopting the Terms.
15.
ARBITRATION AGREEMENT AND WAIVER OF THE RIGHT TO PARTICIPATE
THIS ARTICLE IS ONLY APPLICABLE TO OUR PLAYERS FROM THE UNITED STATES AND CANADA.
If you have a problem with the Service, many issues can be resolved in one of our gaming forums.
Before officially filing a claim, you should first contact the Customer Service department at https://www.zynga.com/support.
In the event that a dispute between you and Zynga cannot be resolved through Customer Service, both parties agree to arbitration under the following terms.
Both you and Zynga agree to arbitration
By accepting these Terms (in many places on the Site by voluntarily clicking or pressing a button in-game to agree to the terms of these Terms), you, Zynga, and each Group member agree, to the fullest extent permitted by law, to resolve any claim arising out of, in relation to or in connection with these Terms, the Feature Terms, the Community Policy, your relationship with us or the services provided by Zynga, including your use of the Website and the data you provide to us through the Website, ultimately and binding arbitration.
This applies to all claims and regulations, unless the complaint is included in the Exceptions to the Arbitration Agreement listed below.
Even after your Zynga Account is terminated or deleted, this arbitration agreement will remain in effect. (
In sections 15 and 17, you, Zynga, and each member of the Zynga Group may be individually referred to as a "party" or collectively "parties".)
Arbitration takes place before an independent arbitrator, not a judge and jury.
By voluntarily accepting these Terms, you, Zynga, and each Zynga Group member waive any right to a trial by a court or jury trial.
Arbitration is governed by rules other than litigation.
Arbitration is less formal than a court case and has limited scope for requiring the other party to disclose information relevant to the resolution of the dispute - a procedure called disclosure.
The arbitrator may award the same damages and individual damages as a court may award a person, except as may be provided in these provisions.
However, if either party disagrees with the arbitrator's decision, the courts have limited powers to alter the arbitration result or to influence the arbitrator to reverse its ruling.
If either party has doubts as to whether section 15 (or any portion of this section 15, including the provisions on arbitration, class action waiver, or waiver of arbitration) is or may apply, agree that only the court has the power to decide in this case.
If the court finds that any provision of the articles "Waiver of Collective Action" is invalid or unenforceable, then the entire article 15 (Arbitration Agreement and Class Action Waiver) is canceled, i.e.
will be invalid.
However, the rest of the Terms, Feature Terms, and Community Rules will continue to apply.
In addition, if you, Zynga, or a member of the Zynga Group files a claim to court on a claim that should be arbitrated, or either party refuses to arbitrate on a claim that is subject to arbitration, the other party may request a court to compel the parties to resolve the claim by arbitration (i.e. issuing an arbitration order).
You, Zynga, or a member of the Zynga Group may also apply to a court to stay the litigation (that is, stay the litigation) while the arbitration proceedings are pending.
Arbitration Proceedings
The American Arbitration Association (“AAA”) will oversee any arbitration between you and Zynga or a member of the Zynga Group and the then AAA rules and procedures, including the Consumer Arbitration Rules, will be applied.
You can find AAA's policies and procedures on its website at www.adr.org.
In the event of a conflict between these Terms and AAA's policies and procedures, the parties agree to abide by the Terms.
To initiate an arbitration process, use the form on the AAA website (www.adr.org).
If you live outside of the United States, arbitration may be held in the county where you live at the time you submit your application.
If you live in the United States, arbitration should be initiated in the State of California, United States of America.
You and Zynga consent to submit to the personal jurisdiction of any federal or state court of San Francisco County, California in respect of an arbitration order, stay pending arbitration, uphold, amend, set aside or enforce the award pursuant to an arbitrator's award.
Zynga agrees that in order to initiate an arbitration against you under AAA, it must include the following information in addition to that required by AAA: (1) Identifying information related to all Zynga accounts that it can identify (past or present), including Zynga IDs, Facebook page and email addresses, and (2) a detailed explanation of how Zynga believes your behavior has resulted in harm to the company and the facts supporting your claim for monetary damages.
You agree that you must include the following information in addition to that required by AAA to commence an AAA arbitration against Zynga: (1) Identifying information related to all identifiable Zynga accounts (past or present), including Zynga IDs, Facebook pages and email addresses, and (2) a detailed explanation of how you believe Zynga's behavior has resulted in harm to you and the facts supporting your claim for monetary damages.
Unless otherwise agreed at a later date, you and Zynga consent to appear (in person or remotely via telephone, videoconference, or other live electronic communication) for the hearing.
All costs and expenses related to the completion of forms, administration, and arbitration will be governed by the AAA Consumer Arbitration Rules, unless you can show that the costs of the arbitration would significantly exceed the costs of the litigation; in such event, Zynga will pay any costs the arbitrator deems necessary to keep the arbitration from being significantly more expensive than legal proceedings (recoverable as stated below).
In the event that the arbitrator finds the claims brought to arbitration unjustified under section 11 of the Federal Rules of Court Procedure, you agree to reimburse Zynga for Zynga's costs and expenses that you would have been required to incur under the AAA Rules.
In the event that AAA is unable to appoint an arbitrator for any claim brought by you or Zynga, either party may apply to state or federal courts in San Francisco, California for the appointment of an arbitrator.
Any arbitrator appointed by a court should arbitrate in accordance with AAA's rules and procedures (including the cost and expense rules), unless otherwise provided in these Terms.
Associated claims
The parties agree that if multiple claims are filed with AAA that arise from the same or substantially similar transactions, incidents or events ("Associated Claims"), the said arbitration claims (whether brought against Zynga or against you) will be considered by AAA on an individual basis and in the order in which they were submitted.
The parties agree that AAA may not accept any Related Claim for arbitration or charge any fees for the submission of a Related Claim until the previously submitted Related Claims have been accepted for arbitration and appointed an arbitrator to service them.
In the event that multiple Related Claims are filed simultaneously, the parties agree that they will be considered on a case-by-case basis in the order determined by AAA, and AAA will not accept any Linked Claim to arbitration, nor will AAA charge any fees for submitting such Associated Claim, prior to appointing an arbitrator to consider any Claims. related ones considered earlier in the order.
In order to ensure the impartiality and independence required of an arbitrator under the AAA Rules, the parties agree that an arbitrator may not be called to rule on a Claim when he is already involved in the consideration of any Associated Claim.
Exceptions to the Arbitration Agreement
The parties agree to go to court to settle their disputes
relating to your, Zynga, or a member of the Zynga Group's intellectual property (e.g.
trademarks, trade design, domain names, trade secrets, copyrights or patents);
regarding violations of the Rules for members of the community;
where the only remedy requested is a court order; or
competent for small civil cases courts.
The parties agree not to seek security by way of an order in arbitration, instead by committing themselves to pursuing them in court.
If, in the context of the dispute, a party seeks to secure its claims by a court order and to use other forms of redress, it undertakes to obtain such an order in court, and other forms of redress - through arbitration.
For more information on the courts with jurisdiction in this type of case, see article 17 (Place to resolve non-arbitral legal disputes).
Class Action Waiver
By voluntarily accepting these Terms (and as part of our Service by voluntarily clicking or pressing an in-game button to confirm your agreement to these Terms and Conditions), you, Zynga, and the Zynga Group agree that the parties may only bring claims against each other on an individual basis. .
This means that:
The parties agree that neither you, Zynga, nor any member of the Zynga Group will act as a plaintiff as a group member in a class action, class action or lawsuit brought by an authorized party.
The parties agree that the arbitrator may not consider claims from more than one person in the course of one case and may not conduct proceedings in a collective or class action or brought by authorized entities (unless the parties agree otherwise).
The parties accept that the arbitrator's decision or ruling in an individual case affects only the person who filed the suit, not any other Zynga player, and cannot be used to resolve disputes with other players.
Option to Withdraw from the Arbitration Agreement and Class Action Waiver
You have the right to withdraw and not be bound by the arbitration agreement and class action waiver clauses in section 15 by sending a written waiver decision to Customer Service or by regular mail as noted in the Submissions section.
You must submit your claim within thirty (30) days of your first use of the Website or your ability to make a decision, whichever is the later; otherwise, the player will be obliged to settle disputes by way of arbitration as set out in article 15.
If you choose to opt out of these arbitration clauses, Zynga will not be bound by them either.
Amendments to Section 15 of the Arbitration Agreement and Class Action Waiver
We will notify you 60 days in advance, by e-mail or via the Website, of the changes made to Article 15 on the Arbitration Agreement and Class Action Waiver.
If the section "Amendments to Section 15 on Arbitration and Class Action Waiver" is found invalid or unenforced, that section will be severed from section 15 and the court or arbitrator will apply the arbitration agreement and waiver in a class action lawsuit effective from the commencement of your use of the Website.
Period of validity
This article 15 will apply after the end of the Terms and Conditions.
16.
APPLICABLE LAW
If you are in the United States, you accept that these Terms affect interstate commerce and that the Federal Arbitration Act (including the procedural provisions) governs the interpretation and enforcement of Article 15 (Arbitration Agreement and Class Action Waiver).
Additionally, these Terms and our relationship are governed by the laws of the State of California, excluding its conflict of laws principles.
If you are in a country other than the United States, these Terms and our relationship are governed by Irish law, except for its conflict of laws principles.
17.
PLACE FOR SETTLEMENT OF LEGAL DISPUTES NOT SUBJECT TO ARBITRATION
If you are in the United States, legal proceedings (other than minor civil matters) excluded from the Arbitration Agreement in Section 15 must be filed with a state or federal court in San Francisco, California, unless the parties agree otherwise.
You, Zynga, and the Zynga Group consent to the location and personal jurisdiction in San Francisco, California.
If you are outside the United States, legal proceedings must be brought in the courts of the jurisdiction in which you are habitually resident ("Governing Jurisdiction"), unless the parties agree otherwise.
You, Zynga, and the Zynga Group consent to the place and personal jurisdiction of the Applicable Jurisdiction.
18.
SEVERABILITY
Each paragraph of these Regulations functions independently.
Except as set out in Clause 15 under "Class Action Waiver", if any part of the Rules, Functional Rules or Community Rules are unenforceable, the rest of the Terms, Functional Rules and Community Rules continue to apply and is binding and each unenforceable clause will be replaced with another as close as possible to the clause that turned out to be illegal or unenforceable.
19.
TRANSFER
We may assign our rights or our obligations under these Terms, Feature Terms or Community Policies to any person or entity at any time without your consent.
You may not assign your rights and obligations under these Terms, Feature Terms or Community Policies to anyone without Zynga's prior written consent, and any attempt to do so will be void.
20.
ENTIRE AGREEMENT
These Terms and Conditions, and the other standards and rules we refer to in these Terms and Conditions, constitute the entire agreement between you and us with respect to the facility of these Terms and Conditions and supersede all prior agreements between the parties regarding the facility of these Terms and Conditions, regardless of whether the agreements were concluded by electronic, verbal or written, or is ordained by custom, practice, strategy or precedent that has existed between us and you.
The above does not apply to users from the EEA.
21.
LANGUAGE OF THE TERMS
The translated versions of the Terms, Feature Terms, Community Terms, Privacy Policy or any other terms or conditions are provided for informational purposes only.
In the event of a discrepancy between the translated version and the English version, the English version shall prevail.
The above does not apply to users from the EEA.
22.
RENOUNCEMENT
If we do not exercise our rights under these Terms of Use, the Feature Terms or the Community Policy, that does not mean that we are waiving our right to do so later.
And if we expressly waive any provision in these Terms, Functional Terms, or Community Policy, this does not constitute a complete waiver for the future.
If we waive an allegation of negligence or infringement on your part, we will only do so in writing and it will not automatically mean that we waive any claim of negligence or breach on your part.
23.
APPLICATIONS
If we are required to inform you in accordance with these Terms of Use, the Feature Terms or the Community Rules, we may post it on www.zynga.com or in the Zynga game you are playing, by sending an email or through any other communication channel based on contact details provided by you.
If you are required to notify us under these Terms of Use, the Feature Terms or the Community Policy, the notice must be in writing to Zynga Inc.,
Attn: LEGAL DEPARTMENT, 699 8th Street, San Francisco, CA 94103, unless we provide a specific method of sending the information.
24.
HIGHER POWER
We are not responsible for any changes or difficulties beyond our control, e.g.
difficulties caused by natural disasters, wars, terrorism, riots, embargoes, actions of civil or military authorities, fires, floods, accidents, network failures, strikes, or due to lack of services in transport, infrastructure, lack of fuel, energy, workers or materials .
This provision does not apply to users from the EEA.