These Terms of Service and all referenced documents (collectively, the "Terms") govern your use of our website and its subdomains ("Website"), our mobile and PC games ("Games"), and all related services, content, features, and functionalities that Zooyos ("we", "us" or "our") provides (collectively, the "Services").
Please read these Terms carefully before you start to use the Services.
Depending on where you live, there are important terms regarding liability and dispute resolution (including mandatory arbitration and waiver of jury trial if you live in the USA).
By accessing and using the Services, you confirm that you accept these Terms and agree to comply with them. If you do not agree with any part of these Terms, please do not use the Services.
You agree not to violate any law, contract, intellectual property, or third-party right while using the Services or use unauthorized means to access and use the Services.
Please note that we update and amend these Terms occasionally, so remember to check back before you use the Services, as the latest set will apply.
Other applicable terms
These Terms of Service refer to the following additional terms, which also apply to your use of the Services:
- our Privacy Policy, which describes how we process your data related to your use of the Services
- our Cookie Policy, which sets out information about the cookies on the Services
- for our Games our Health and Safety Disclaimer
- any additional terms or policies related to individual Services or specific components of the Services.
Changes to these Terms
We may reserve the right to update these Terms from time to time by posting the updated version at that address. We may do so for a number of reasons including without limitation because we change the nature of our products or services, for technical or legal reasons, or because the needs of our business have changed. Your continued use of our Services will mean that you accept the amended Terms. You agree that if you do not accept any amendment to our Terms then you must immediately stop accessing and/or using our Services.
Eligibility
You may only use our Services for personal, non-commercial, entertainment purposes.
You must be at least the age of majority in your country of residence to use our Services. If you are under the age of majority in your country, you may only use our Services under the direct supervision and with the express consent of a parent, legal guardian, or another holder of parental responsibility who agrees to be bound by these Terms. By using our Services, you represent and warrant that you have reached the age of majority in your country or have obtained the appropriate consent from your parent, legal guardian, or other holder of parental responsibility. The holder of parental responsibility shall be responsible for minors’ actions when using our Services (including when playing our Games).
Modification, Suspension, and Discontinuation of Services
We reserve the right, at our sole discretion, to modify, suspend, or discontinue, temporarily or permanently, any part or all of the Services, with or without notice, at any time. You agree that we shall not be liable to you or any third party for any such modification, suspension, or discontinuation of the Services or any part thereof.
You acknowledge that you have no ownership rights or property interests in any content or Virtual Items in our Games, regardless of how they were acquired. Virtual Items have no monetary value outside the Game and we have no obligation to exchange them for anything of value. If our Services are terminated or suspended for any reason, all Virtual Items will be forfeited without compensation.
Services Maintenance
We may, from time to time, perform maintenance on the Services to ensure their proper functioning, enhance performance, or implement updates and upgrades. We will endeavor to provide notice of any planned maintenance that may result in service interruptions, but we cannot guarantee that such notice will always be provided. You acknowledge and agree that we may perform maintenance on the Services without liability for any interruption, loss of data, or other damages resulting from such maintenance.
Ownership of the Services
The Services, including the text, graphics, images, photographs, videos, illustrations, and other content contained in the Services, and all intellectual property rights in the Services are owned by Zooyos or our licensors and are protected by copyright and other intellectual property laws and treaties. The names of our Games, our logos, our other product or service names, slogans, and the look and feel of our Services are protected by intellectual property law (and in many instances may also be registered trademarks of Zooyos (or our licensors)), and you may not copy, imitate, or use any of them, in whole or in part, without our prior written permission. All other trademarks, registered trademarks, product names, company names, or logos mentioned on our Services are the property of their respective owners. If we reference third-party products or services, it doesn’t mean that we endorse, sponsor, recommend, or warrant those products or services. Except as explicitly stated in these Terms, all rights in and to the Services and intellectual property rights in the Services are reserved by us or our licensors, and you don’t have any other rights to our Services or intellectual property, including any implied rights.
ACCESSING AND USING OUR GAMES
End User License Agreement (EULA)
License Terms
Our Games are protected by copyright and other intellectual property laws and treaties. We or our licensors own all title, ownership rights, and intellectual property rights in and to our Games. This Terms does not transfer any ownership rights to you.
Subject to your compliance with the terms of this Terms, including due payment of any applicable fees, or other charges, we grant you a non-exclusive, non-transferable, revocable, limited license to download, install, access, and use our Games solely for your personal, non-commercial use. You may not rent, lease, lend, sell, redistribute, or sublicense our Games. You may not copy, decompile, reverse engineer, disassemble, attempt to derive the source code of, modify, or create derivative works of the Games, any updates, or any part thereof.
Health and Safety
Please read our Health and Safety Disclaimer for our Games.
Offline Gameplay
Our Games are a single-player games that operates offline. No internet connection is required, and no data is collected during gameplay.
Accessing our Games through mobile phone or tablet
The mobile phone or tablet versions of our Games (available on Android and iOS) may display third-party ads. External ad networks serve these ads; we are not responsible for their content or practices. By playing the mobile phone or tablet versions, you acknowledge and accept that ads may be displayed.
If you access our Games via mobile phone or tablet, the ways in which you can use the Games may also be controlled by the relevant provider's rules and policies. To the extent required by such rules and policies, the provider's terms will apply in your use of the Games.
In general, you acknowledge that:
- Zooyos, not providers nor any of their affiliates, licenses the Game or Service to you in accordance with these terms;
- Zooyos is not responsible for providers-related services and shall not be liable under for any action arising in contract, tort (including negligence) or otherwise related to the use or operation of such service, subject to any Non-Excludable Rights;
- You shall be solely responsible for ensuring you use any provider account that you use to access the Game or Service in accordance with the policies applicable to such account;
- Zooyos does not grant you a right to use any Intellectual Property Rights, including trademarks, of providers or their affiliates. Your use of such Intellectual Property Rights is granted (if applicable) in accordance with the Terms and any other policies made available by providers or their affiliates from time to time in relation to use of the platform;
- Providers or any of their affiliates make available any online products or services under their own terms, conditions and exclusions of warranties;
- Zooyos may be required to change the Game or Service, or these Terms, in order to comply with instructions of providrs. You agree that we are permitted to make such changes immediately and without notice and shall have no liability to you or others with respect to such changes.
Please refer to the rules and policies of providers applicable to your use of the Game and the Service on the relevant provider' website. The information provided below is for your convenience only.
Google Play Store
https://play.google.com/intl/en_US/about/play-terms/
Apple App Store
https://www.apple.com/legal/internet-services/itunes/
Accessing our Games through platforms
You will receive a game version without ads if you purchase our Games on platforms like Steam, PlayStation, Xbox, or Nintendo ("Platform"). All purchases are final, and no refunds will be provided unless required by law.
If you access our Games via Platform, the ways in which you can use the Games may also be controlled by the relevant Platform provider’s rules and policies. To the extent required by such rules and policies, the Platform's terms will apply in your use of the Games.
In general, you acknowledge that:
- Zooyos, not Platforms nor any of their affiliates, licenses the Game or Service to you in accordance with these terms;
- Zooyos is not responsible for Platform-related services and shall not be liable under for any action arising in contract, tort (including negligence) or otherwise related to the use or operation of such service, subject to any Non-Excludable Rights;
- You shall be solely responsible for ensuring you use any Platform account that you use to access the Game or Service in accordance with the policies applicable to such account;
- Zooyos does not grant you a right to use any Intellectual Property Rights, including trademarks, of Platforms or their affiliates. Your use of such Intellectual Property Rights is granted (if applicable) in accordance with the Terms and any other policies made available by Platforms or their affiliates from time to time in relation to use of the platform;
- Platforms or any of their affiliates make available any online products or services under their own terms, conditions and exclusions of warranties;
- Zooyos may be required to change the Game or Service, or these Terms, in order to comply with instructions of Platforms. You agree that we are permitted to make such changes immediately and without notice and shall have no liability to you or others with respect to such changes.
Please refer to the rules and policies of Platform applicable to your use of the Game and the Service on the relevant Platform' website. The information provided below is for your convenience only.
Steam
https://store.steampowered.com/subscriber_agreement/
PlayStation Network
Purchase and use of items are subject to the Network Terms of Service and User Agreement. This online service has been sublicensed to you by Sony Interactive Entertainment America.
For the European Union region, any content purchased in an in-game store will be purchased from Sony Interactive Entertainment Network Europe Limited (“SIENE”) and be subject to PlayStation Network Terms of Service and User Agreement which is available on the PlayStation Store. Please check usage rights for each purchase as these may differ from item to item. Unless otherwise shown, content available in any in-game store has the same age rating as the game.
Xbox
Your use of the Xbox platform is subject to any policies that apply to the use of such service, including the Microsoft Services Agreement available at https://www.microsoft.com/en/servicesagreement/.
Nintendo Switch
Your use of the Switch platform is subject to any policies that apply to the use of such service, including the Nintendo Terms of Use available at www.nintendo.com/terms-of-use.
Right of withdrawal and refunds
Right of withdrawal and refunds policies for our Games are governed by the Platform from which you purchased our Games (e.g., Steam, PlayStation, Xbox, Nintendo). Please review the right of withdrawal and refunds policy of the respective platform before making a purchase.
Virtual credits and virtual items
Our Games do not offer in-Game purchases with real-world currency.
Within our Games, you may be granted access to in-Game currency including virtual credits, coins, points, credits, bonuses, and chips (collectively, “Credits”) and other virtual in-Game items or collections, such as skins, accessories, power-ups, and other goods or services (collectively, “Virtual Items”).
All Virtual Items in our Games can only be obtained using Credits earned through gameplay, not with real currency. Credits allow you to unlock specific content, such as items or collections.
Credits and Virtual Items have no real-world value. You do not own or have any property rights to Credits or Virtual Items, which remain our property at all times
Credits and Virtual Items are non-transferable.
Credits and Virtual Items can never be redeemed or cashed out for “real world” money, goods, or any other item of monetary value from Zooyos or any other party.
We reserve the right to manage, regulate, control, modify, or eliminate Virtual Items at our sole discretion, including but not limited to adjusting the availability of Virtual Items. We shall have no liability to you or any third party in the event that we exercise any such rights.
COMMUNITY GUIDELINES
We strive to make our Services a fun, healthy, and safe environment. By accepting the Terms and End User License Agreement, you agree that these Community Guidelines apply to your use of:
-The Website
-Our Games
-Social media channels (e.g., Digital Storefronts, Facebook, YouTube, Twitch, etc.)
Violations and Consequences
Failure to comply may result in:
-Termination of access to our Services.
-A ban from contributing to the Community.
-Other legal actions.
Liability for Shared Content
You accept full responsibility for any content you share within the Community. By doing so, you agree to:
-Indemnify and hold Zooyos harmless from claims or damages arising from your shared content.
User Comments and Feedback
The Community offers opportunities for interaction, including sharing opinions through:
-Forums
-Social media pages
-Digital Storefronts
-Online chat (e.g., Discord)
User Comments
User Comments express the views of their authors only and do not represent the opinions or positions of Zooyos. We reserve the right to: (1) remove, edit, or modify any User Comments for any reason without notice; and (2) reproduce, distribute, or repurpose User Comments across our Website, Community channels, promotional materials, or other platforms.
Feedback
You may voluntarily submit, or otherwise communicate to us any questions, comments, suggestions, ideas, original or creative materials, or other information about Zooyos or our Services (collectively, “Feedback”). You understand and agree that we may use such Feedback for any purpose in our sole discretion, commercial or otherwise, without acknowledgment or compensation to you, including to improve or develop products or services. Zooyos will exclusively own all works or improvements based on any Feedback. You understand that Zooyos may treat Feedback as non-confidential.
User-Generated Content (UGC)
We encourage creating and sharing UGC, including:
-Fan art
-Video montages
-Let’s Play videos
-Streaming content (e.g., YouTube, Twitch)
Ownership and Licensing
You retain ownership of UGC but grant Zooyos:
By submitting User Content, you grant us and our affiliated companies a worldwide, perpetual, irrevocable, non-exclusive, royalty-free license to use your content in any way, including the right to:
- Reproduce, modify, and create derivative works
- Distribute, publish, and display in any medium
- Use your name, username, or likeness in connection with the content
- Sublicense these rights through multiple tiers
We may exercise these rights without compensation to you, to the maximum extent permitted by law.
We have no obligation to provide you with any credit, approval, or compensation for any permitted use of your User Content. You irrevocably waive any “moral rights” or other rights with respect to attribution of authorship or integrity of materials regarding User Content that you may have under any applicable law or under any legal theory.
UGC must comply with the Community Guidelines, Terms, and End User License Agreement. Violations may result in account termination or legal action.
PROHIBITED CONDUCT AND CONTENT
No Cheating
Zooyos wants all users to have a positive and fair playing experience while using the Services. You will not:
-engage in the creation, distribution, promotion, or use of unauthorized software or tools, including auto programs, macros, cheat utilities, hacks, and mods, that are intended to provide an unfair advantage or otherwise alter the intended gameplay experience; or
-exploit, share, or promote information about Game errors, glitches, bugs, or any technical malfunctions that can result in an unintended advantage, such as accessing one-time promotions more than once.
You must notify Zooyos immediately if you become aware of any of the above matters.
Prohibited Conduct
In addition to the other restrictions in these Terms, you will not, and will not aid or encourage others to, do any of the following in connection with the Services:
-Violate the Terms and/or other applicable terms or any applicable law, contract, intellectual property right, or other third-party right;
-Engage in any harassing, threatening, intimidating, predatory, or stalking conduct;
-Solicit or collect personal information from other users;
-Access a Game if you are under the minimum age set by Zooyos for the Game as provided in Section "ELIGIBILITY";
-Use or attempt to use another user’s account or information without authorization from that user and Zooyos;
-Impersonate or post on behalf of any person or entity or otherwise misrepresent your affiliation with a person or entity;
-Create multiple accounts;
-Sell or resell our Services or your account, including by renting, leasing, selling, trading, gifting, or otherwise transferring or sharing your account without our written permission;
-Copy, reproduce, distribute, publicly perform, or publicly display all or portions of our Services, except as expressly permitted by us or our licensors;
-Modify our Services, remove any proprietary rights notices or markings, or otherwise make any derivative works based upon our Services;
-Use our Services in any manner that could interfere with, disrupt, negatively affect, or inhibit other users from fully enjoying our Services or that could damage, disable, overburden, or impair the functioning of our Services in any manner;
-Reverse engineer any aspect of our Services or do anything that might discover or reveal source code, or bypass or circumvent security or measures employed to prevent or limit access to any part of our Services;
-To the fullest extent permitted by applicable law, you will not: (A) use any data mining, robots, or other data gathering or extraction methods intended to scrape or extract data from our Services except in accordance with instructions contained in our robot.txt file to compile results for a public search engine; or (B) use, and we do not consent to the use of, the Services, or any data published by, or contained in, or accessible via, or in relation to, the Services for the purposes of developing, training, fine-tuning or validating any AI system or model or for any other purposes not explicitly set out in these Terms;
-Develop or use any applications or software that interact with our Services without our prior written consent;
-Send, distribute, or post spam, unsolicited or bulk commercial electronic communications, chain letters, or pyramid schemes;
-Link to any online portion of the Services in a manner that damages or exploits, in our sole discretion, our reputation or suggests any form or association, approval, or endorsement by Zooyos;
-Use any application programming interface (“API”) provided by Zooyos in any manner not permitted by the documentation provided with the API; or
-Access or use any of the Services to design or develop a similar or competitive offering.
Prohibited Content
You may not create, post, store, or share any User Content for which you do not have all the rights necessary to grant us the license described in Section USER-GENERATED CONTENT (UGC) - Ownership and Licensing. You must ensure that your User Content, and our use of your User Content as permitted by these Terms, will not violate any rights of any person or entity, including any third-party rights, or cause injury to any person or entity. You may not create, post, store, or share any User Content that:
-Is unlawful, libelous, defamatory, obscene, pornographic, indecent, vulgar, suggestive, harassing, threatening, violent, invasive of privacy or publicity rights, abusive, inflammatory, fraudulent, or derogatory of any ethnic, racial, gender, or religious group;
-Would constitute, encourage, or provide instructions for a criminal offense, a violation of the rights of any party, or a violation of these Terms;
-Contains or depicts any statements, remarks, or claims that do not reflect your honest views and experiences;
-Contains any private or personal information of a third party without the third party’s consent;
-Contains any viruses, corrupted data, or other malicious, invasive, harmful, disruptive, or destructive files or content;
-In our reasonable judgment, is objectionable, restricts or inhibits any other person from using or enjoying our Services, or may expose Zooyos or others to any harm or liability of any type; or
-Contains links to content that would violate any of the above restrictions if the linked content were User Content.
Enforcement
This Section PROHIBITED CONDUCT AND CONTENT does not create any right or private right of action on the part of any third party or any reasonable expectation that the Services will be free of conduct or content that is prohibited by these Terms, or that prohibited content will be promptly removed after it has been posted. We may:
-Delete or remove User Content or refuse to post any User Content at any time and for any reason with or without notice, including for any violations of these Terms;
-Terminate or suspend your access to all or part of the Services, temporarily or permanently, if your conduct or User Content is reasonably likely, in our sole determination, to violate these Terms;
-Take any action with respect to your User Content that is necessary or appropriate, in Zooyos’s sole discretion, to ensure compliance with applicable law and these Terms, or to protect Zooyos’s and/or a third party’s rights, including third-party intellectual property and privacy rights (e.g., providing information to rightsholders who submit takedown requests); and
-As permitted by law, cooperate fully with any law enforcement authorities or court orders regarding conduct or content related to the Services.
Complaints and Appeals
If you have a complaint or a concern about any User Content or any action we have taken regarding User Content, you may contact us using the contact information provided in Section CONTACT US. We will endeavor to address your complaint or concern promptly and in line with our internal policies and procedures. Should you be dissatisfied with our initial response, you are entitled to appeal our decision by submitting additional information or evidence to bolster your case. We will reassess your appeal and inform you of the resolution. Our determination on your appeal will be conclusive and binding.
SYSTEM AND TECHNICAL REQUIREMENTS IN OUR GAMES
Please note that the requirements mentioned below may periodically change, including with respect to the same Game. It is mostly connected with the changes to the Game being made by Zooyos from time to time, according to Section PATCHES, UPDATES, AND MODIFICATIONS WITHIN OUR GAMES of this Terms. Nevertheless, Zooyos also reserves the right to change such requirements in respect of any Games at its sole discretion.
Minimum requirements
Each Game is designed to be run on one or several specific platforms (operating systems or devices). In some cases, a Game may have its minimum technical requirements for your device (e.g., in terms of CPU, GPU, RAM, free storage, etc.), which are indicated by Zooyos on the Game’s official website, Game’s official page on a third party gaming platform or by other means at Zooyos’s discretion. Please ensure your platform meets such a minimum. Otherwise, Zooyos does not guarantee the Game’s launch or functioning and is not responsible for other flaws in the Game’s work. You are solely responsible for having sufficient device resources to store and launch the Game, including free RAM, storage, CPU and GPU load, etc.
Recommended requirements
For informational purposes and your convenience, we usually publish our Games' recommended requirements concerning your device's technical parameters. Please pay attention that such recommended requirements are designed for information purposes only and do not guarantee flawless functioning of the Game nor imply any other guarantee or warranty. For the avoidance of doubt, if a platform (whether device or operating system) is stated as a “recommended requirement” for a Game, it means the Game is designed to operate solely on such a platform. The same applies to other “recommended requirements”, which are clear to be necessary from the context.
Internet connection requirement
Our Games are a single-player games that operates offline. No internet connection is required. Once downloaded, offline games don't require an internet connection, so they use virtually no data during play.
PATCHES, UPDATES, AND MODIFICATIONS WITHIN OUR GAMES
To ensure the best level of services, user experience, and Zooyos services efficiency within the Games, we need to patch, update, and modify our Games from time to time. That usually results in mandatory and/or automatic updates of our Games, and the older versions may not launch or operate until you update them.
Zooyos has the right to change the software code of the Game at any time at its sole discretion. Such changes may affect, among others, the functionality of the Game and its other content. For instance, we can add or remove Game content or features, fix bugs and errors, make balance changes, etc.
Please pay special attention that some patches, updates, and modifications may require (and over time will require) higher technical requirements to your device, or increase the device resources consumption by the Game, otherwise they may lead (and over time will lead) to performance drop of the Game and/or lower graphics or other settings.
By accepting this Terms, you confirm and acknowledge that your refusal to update the Game may make its further use by you impossible, and this Terms shall be deemed suspended until you update the Game.
Indemnification
You agree to defend, indemnify, and hold harmless our company, administrators, agents, employees, and contractors from all claims, complaints, demands, liabilities, damages, losses, and costs (including legal fees and government fines) arising from your breach of these Terms or any illegal use of the Services.
DISCLAIMER OF WARRANTIES
You use our Services entirely at your own risk. To the maximum extent permitted by law:
- The Services and all related content are provided "as is" and "as available" without any warranties, express or implied.
- We disclaim all warranties, including but not limited to implied warranties of merchantability, fitness for a particular purpose, title, and non-infringement.
In addition, Zooyos does not represent or warrant that our Services or any content provided in or with our Services are accurate, complete, reliable, current, or error-free or that access to our Services or any content provided in or with our Services will be uninterrupted. While Zooyos attempts to make your use of our Services safe, we cannot and do not represent or warrant that our Services or any content provided in or with our Services or our servers are free of viruses or other harmful components, content, or materials. You assume the entire risk as to the quality and performance of the Services and any content provided in or with our Services. All disclaimers of any kind (including in this Section DISCLAIMER OF WARRANTIES and elsewhere in these Terms) are made for the benefit of Zooyos, the other Zooyos Parties, and Zooyos’s respective shareholders, agents, representatives, licensors, suppliers, and service providers, as well as their respective successors and assigns.
LIMITATION OF LIABILITY
1. If your Country of Residence is outside the United Kingdom or the European Economic Area or Australia:
1.1 To the fullest extent permitted by applicable law, Zooyos and the other Zooyos Parties will not be liable to you under any theory of liability, whether based in contract, tort, negligence, strict liability, warranty, or otherwise—for any indirect, consequential, exemplary, incidental, punitive, or special damages or lost profits, data, or goodwill, even if Zooyos or the other Zooyos Parties have been advised of the possibility of the damages.
1.2 The total liability of Zooyos and the other Zooyos Parties for any claim arising out of or relating to these Terms or our Services, regardless of the form of the action, is limited to the greater of US$20 (twenty US dollars) or the amount paid by you to Zooyos in connection with the Services in the 90 days immediately preceding the date on which the first claim giving rise to liability occurred.
1.3 The limitations set forth in this Section LIMITATION OF LIABILITY will not limit or exclude liability for the gross negligence, fraud, or intentional misconduct of Zooyos or the other Zooyos Parties or any other matters for which liability cannot be excluded or limited under applicable law. In addition, some jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, so the above limitations or exclusions may not apply to you.
2. If your Country of Residence is the United Kingdom or in the European Economic Area or Australia:
2.1 Nothing in these Terms shall exclude or limit our liability for: death or personal injury resulting from our negligence or any liability to the extent such liability may not be excluded or limited as a matter of applicable law.
2.2 To the fullest extent permitted by applicable law and without prejudice to your statutory rights that may apply under the laws of your Country of Residence, Zooyos and the other Zooyos Parties will not be liable to you in any way for damages or loss of any kind resulting from: (A) any use or misuse by you of our Services in breach of these Terms; (B) any system failures, software or hardware failures, bugs, viruses, or any occurrence which may result in damage to your equipment or a loss of your data or disruption of service, except where any defective digital content that we have supplied to you is caused by our failure to use reasonable care and skill (in which case, we will pay any reasonable costs of a repair or replacement, subject to the liability cap contained in Section LIMITATION OF LIABILITY 2.3); (C) any damages or losses that are deemed or alleged to have resulted from matters beyond our reasonable control including strikes, lock-outs, or other industrial disputes, failure of a utility service, transport, or telecommunications network; any pandemic; act of God; war; riot; civil commotion; malicious damage; or interruptions in operation or transmission, communications, lines failure; or (D) the acts, omissions, defaults, breaches, or inactions of any other third party. In no event will Zooyos be liable to you for any indirect, consequential, exemplary, incidental, punitive, special damages or lost data or goodwill.
2.3 Our maximum liability to you under these Terms whether for breach of contract, tort (including negligence), or otherwise in relation to any one incident or a series of related incidents is limited to the greater of: (A) €20 (twenty Euros); or (B) the amount paid by you to Zooyos in connection with the Services in the 90 (ninety) days immediately preceding the date on which the first claim giving rise to liability occurred.
PROCEDURE FOR ALLEGING COPYRIGHT INFRINGEMENT UNDER THE DMCA
If you believe that any content available on the Services violates a copyright, you may notify Zooyos as set forth in the U.S. Digital Millennium Copyright Act of 1998. To do so, please send us a notice via email to legal[at]zooyos[dot]com that includes the following information:
- a legend or subject line that says “DMCA Copyright Infringement Notice”;
- a description of the copyrighted work that you claim has been infringed or, if multiple copyrighted works are covered by a single notification, a list of such works;
- a description of where the material that you claim is infringing or is the subject of infringing activity is located that is reasonably sufficient to permit us to locate the material;
- your full legal name, address, telephone number, and email address;
- a statement by you that you have a good-faith belief that use of the material in the manner complained of is not authorised by the copyright owner, its agent, or the law;
- a statement by you, made under penalty of perjury, that all the information in your notice is accurate and that you are the copyright owner (or, if you are not the copyright owner, that you are authorised to act on behalf of the owner); and
- your electronic or physical signature.
If we receive a notice of copyright infringement that complies with the notice requirements in this Section PROCEDURE FOR ALLEGING COPYRIGHT INFRINGEMENT UNDER THE DMCA, we will respond in accordance with our requirements under the U.S. Digital Millennium Copyright Act of 1998 (or other laws, if applicable). Please note that we may share any information you provide in your notice with the allegedly infringing party. You may be liable if you knowingly misrepresent that material or activity is infringing.
Prohibition on the Transfer of Rights and Obligations
You shall not resell or assign your rights, duties, or obligations under this Terms, and any attempted assignment or delegation will be void and of no force or effect whatsoever. This Terms may be automatically assigned by Zooyos, in our sole discretion, to a third party, and such an assignment will inure to the benefit of our successors, assigns, and/or licensees. Without limiting the foregoing, we may sell, transfer or otherwise share some or all of our assets with any parent company, subsidiary, joint venture, and any company under our common control, as well as with a potential acquirer, lender, or investor, including in connection with a merger, reorganization, or sale of assets, or in the event of bankruptcy.
Do not rely on the information provided
All published articles, materials, case studies, quotes, graphics, images, videos and other information contained within the Services, as well as information of any kind communicated during video or phone calls, by email or through messaging apps (collectively, the “Information”) is provided for general information purposes only. The Information is not intended to provide advice or opinions that you should rely on when making a decision of any kind, including, but not limited to, medical, financial, psychological or legal decisions. We use reasonable efforts to update the Information. However, we make no warranties or representations, express or implied, that the Information is accurate, complete or up-to-date. We recommend you consult a certified professional before implementing or acting on the Information.
Links to Other Sites
The Services contain links to other websites and resources provided by third parties. These links are provided for your convenience and informational purposes only. We do not endorse, support or encourage the sites to which we link or the information contained within them. Such information is subject to change. We have no control over the content of these sites.
SEVERABLITY
If any part of these Terms is held to be invalid or unenforceable under any applicable laws or by an applicable court, that part will be interpreted in a manner consistent with applicable law to reflect as nearly as possible our original intentions and the remainder of these Terms will remain valid and enforceable. If it is not possible to interpret an invalid or unenforceable part of these Terms in a manner consistent with applicable law, then that part will be deemed deleted from these Terms without affecting the remaining provisions of these Terms.
WAIVERS OF OUR RIGHTS
Our failure to exercise or enforce any of our rights under these Terms does not waive our right to enforce such rights. Any waiver of such rights will only be effective if it is in writing and signed by us.
COMPLAINTS AND DISPUTE RESOLUTION
If you have any concerns or issues you can contact us at legal[at]zooyos[dot]com.
We hope we can resolve any complaints with you quickly, amicably and through informal dispute resolution. However, we recognize that occasionally there might be legal disputes which are not so easily resolved.
Informal dispute resolution
We and you both agree to make reasonable and good faith efforts to resolve any dispute between us informally. Normally we would suggest that this dispute resolution period lasts 30 days unless exceptional circumstances exist.
If the matter is not resolved by informal dispute resolution, the courts of the Harju County Court located in Estonia shall have the exclusive jurisdiction as a court of first instance of all disputes arising out of or relating to the Terms.
If you are a consumer based in the EEA, you may also make use of the Online Dispute Resolution platform offered by the European Commission (https://ec.europa.eu/) as an out-of-court alternative to resolve disputes.
If you are resident in the United States, please see Section BINDING ARBITRATION AND CLASS ACTION WAIVER below.
If the matter is not resolved by informal dispute resolution, the provisions of Section GOVERNING LAW below will apply.
BINDING ARBITRATION AND CLASS ACTION WAIVER
This Section applies to you if reside in or use the Services in the USA.
In the event of any controversy, allegation or claim that arises out of or relates to the Services or this Agreement, Zooyos and you agree to try to resolve the dispute informally by sending a notice of dispute via email (for Zooyos, to legal[at]zooyos[dot]com with the subject line of “Attn: Legal”).
Your notice to Zooyos must include your name, mailing address, and phone number (if any), and must describe the nature and basis of the claim or dispute, as well as set forth the specific relief sought. If the dispute is not resolved within 30 days from the notice, either party can submit this matter to arbitration pursuant to this section.
Agreement to arbitrate
We and you agree to resolve all disputes and claims between us on an individual basis through binding arbitration, including without limitation any claims arising from or relating to these Terms, any part of the relationship between you and us, or your use of the Services, except as set forth under “Exceptions to Informal Dispute Resolution and Agreement to Arbitrate” below. The US Federal Arbitration Act and federal arbitration law applies to these Terms.
(a) “Arbitration" is a consensual dispute resolution process where both sides present their case to a neutral arbitrator rather than a judge or jury. Arbitration is less formal than court litigation and review of an arbitrator’s decision by a court is limited. To be clear: by choosing arbitration you and we give up the right to have any dispute between us heard in court before a judge and/or jury.
Individual arbitration only: You and we agree that arbitration will be conducted only on an individual basis and not as a class, consolidated or representative arbitration.
(b) How to start an arbitration:
Either of us can commence arbitration by filing an arbitration demand with the AAA that describes the claim and desired remedy. Any Notice of Dispute you send to Zooyos should be emailed to legal[at]zooyos[dot]com with the subject line “Notice of Dispute.”
(c) The rules for the arbitration:
The arbitration will be governed by the AAA under its Commercial Arbitration Rules and, where applicable, its Consumer Arbitration Rules (available at http://www.adr.org), as modified by these Terms. The arbitrator will be bound by these Terms.
The arbitration shall be conducted in English by a single arbitrator with substantial experience in intellectual property and commercial contract disputes, selected pursuant to AAA rules. The arbitration hearing may be conducted through the submission of documents, by phone, or in person, and must commence within thirty (30) days from the appointment of the arbitrator, unless otherwise agreed by you and Zooyos.
Exceptions to informal dispute resolution and agreement to arbitrate
The dispute resolution and arbitration requirements do not apply to claims or disputes that relate to claims of intellectual property rights infringement or claims of Zooyos use, piracy, theft or misappropriation.
Waiver of collective action remedies
To the maximum extent permitted by the national or state law applicable, you and we agree not under any circumstances to bring or participate in a class or representative action, private attorney general action or collective arbitration. That means, to the full extent permitted by law, (1) no arbitration shall be joined with any other; (2) there is no right or authority for any dispute to be arbitrated on a class-wide basis or to utilize class action procedures; and (3) there is no right or authority for any dispute to be brought in a purported representative capacity on behalf of the general public or any other persons.
Arbitration fees and payments
The AAA rules will govern payment of filing fees and the AAA’s and arbitrator’s fees and expenses, however, if an arbitrator determines that Your Dispute was frivolous, brought for harassment or an improper purpose, or brought in bad faith, the arbitrator may require You to pay for the filing fees and the AAA’s and arbitrator’s fees and expenses.
Opting-out of arbitration
You may opt-out of the agreement to arbitrate by providing Zooyos written notice within thirty (30) days of first accepting these Terms. Your notice must include:
- Your full name;
- Your address;
- Your email address;
- The date that you first accessed or used the Services;
- All usernames or identifiers you use to access or use the Services, if any;
- A clear statement that youdecline this agreement to arbitrate;
- Your signature.
Email your opt-out notice via email to: legal[at]zooyos[dot]com with the subject line: "Attn: Opting-out of arbitration".
Time limitation to bring claims
Notwithstanding any statute or law to the contrary, any claim or cause of action arising out of or related to these Terms or your use of the Service must be filed within one (1) year after such claim or cause of action arose, otherwise that claim or cause of action will be barred forever.
Future changes to agreement to arbitrate
Notwithstanding any provision in these Terms to the contrary, you agree that if Zooyos makes any future change to this arbitration provision, any such changes will not affect disputes that arose before the effective date of the change.
Severability
If, after exhaustion of all appeals, any part of this Section BINDING ARBITRATION AND CLASS ACTION WAIVER is found to be unenforceable as to any claim or request for a remedy, then the parties agree to arbitrate all claims and remedies subject to arbitration before litigating in court any remaining claims or remedies (such as a request for a public injunction remedy, in which case the arbitrator issues an award on liability and individual relief before a court considers that request). Otherwise, if any other part of this Section BINDING ARBITRATION AND CLASS ACTION WAIVER is found to be unenforceable, the remainder will remain in effect (with an arbitration award issued before any court proceeding begins).
GOVERNING LAW
Any legal questions/complaints/claims regarding these Terms are under Estonian law and jurisdiction for users all around the world except for users residing in the USA, who are under California law and jurisdiction.
If you are resident in the European Union and elsewhere in the world (but not the USA):
You and we agree that your use of the Services, and these Terms, and any issues arising out of them, will be governed by and interpreted according to the laws of Estonia and any dispute regarding it will be exclusively under the jurisdiction of the courts of Estonia. In any legal claim under these Terms, the side which wins will be entitled to its legal fees and expenses. This does not exclude any mandatorily applicable rules or remedies which would be available to you in a legal claim brought under the law of your EU Member State of residence.
If you are resident in the USA:
You and we agree that your use of the Services, and these Terms, and any issues arising out of them are under California law and jurisdiction. The application of the United Nations Convention on Contracts for the International Sale of Goods is expressly excluded. In any legal claim under these Terms, the side who wins will be entitled to its legal fees and expenses.
If you are a resident outside the USA and you are entitled to commence and/or participate in legal proceedings within the USA, then you agree that you will be bound by the BINDING ARBITRATION AND CLASS ACTION WAIVER provisions in Section BINDING ARBITRATION AND CLASS ACTION WAIVER above.
OTHER LEGAL MATTERS
This section sets out a few additional, hopefully self-explanatory rules about how these Terms works legally. For example, these Terms is just between you and us, we might be required to comply with law enforcement requests etc.
- If any part of these Terms is found not to be legally enforceable, this will not affect any other part of it;
- These Terms governs our relationship with you (and vice versa). It does not create any rights for anyone else;
- Please remember that we are subject to various laws and we may be required to comply with law enforcement or other legal requirements, including import/export controls;
- You and we agree that the UN Convention on Contracts for the International Sale of Goods does not apply to the Services or these Terms;
- We can assign, subcontract or transfer these Terms to a third party or another member of our group if necessary, for the support of the Services, as part of any reorganisation or merger or for other business reasons. We will notify you if this happens;
- No failure or delay by us or you to exercise any right or remedy provided under these Terms or by law will constitute a waiver of that or any other right or remedy, nor will it preclude or restrict the further exercise of that or any other right or remedy. No single or partial exercise of such right or remedy by us or you will preclude or restrict the further exercise of that or any other right or remedy; and
- These Terms does not create any exclusive relationship between us nor any partnership, joint venture, employment or agency.
ADDITIONAL TERMS
Third-Party Software and Services
The Services may give you the option to access third-party websites, software, services, advertisements, or other third-party materials. We do not endorse or control such third-party materials and we are not responsible for your interactions with them. When accessing any third-party materials, you should carefully read any applicable terms of service and privacy policies.
If you get access to the Game through third-party platforms, you shall be solely responsible for ensuring you use such platforms and any accounts on them (such as Steam, Apple App Store, PlayStation, or Xbox account) in accordance with the policies applicable to such platforms and accounts.
Sony Additional Terms
If you are accessing or using the Services through a PlayStation®4 or PlayStation®5 console, the following Additional Terms are applicable to you and are incorporated into these Terms by this reference:
As for item (4) and item (5) of this section, item (4) shall be applied if you are a resident of Sony Interactive Entertainment America’s service territory, and item (5) shall be applied if you are a resident of Sony Interactive Entertainment Network Europe Limited’s service territory.
The provisions of each of the following items shall be applied preferentially insofar as the content thereof conflicts with the content of the other terms of this Terms.
(1) You acknowledge that these Terms are between you and Zooyos, and not between you and Sony Interactive Entertainment, Inc. or any of its affiliate companies (collectively “Sony”). Zooyos, and not Sony, is responsible for the Services.
(2) You are granted a limited license to use the Services only on a system that you own or control or that delivers the Services to you via PlayStation™Network.
(3) Sony is considered a third-party beneficiary of Zooyos under these Terms.
(4) Purchase and use of items are subject to the Network Terms of Service and User Agreement. This online service has been sublicensed to you by Sony Interactive Entertainment America.
(5) Any content purchased in an in-game store will be purchased from Sony Interactive Entertainment Network Europe Limited (“SIENE”) and be subject to PlayStation™Network Terms of Service and User Agreement which is available on the PlayStation™Store. Please check usage rights for each purchase as these may differ from item to item. Unless otherwise shown, content available in any in-game store has the same age rating as the game.
Microsoft Additional Terms
If you are accessing or using the Services through a Microsoft video game platform or service (e.g., Xbox Series X|S, Xbox One, Xbox Game Pass) the following Additional Terms are applicable to you and are incorporated into these Terms by this reference:
(1) To the maximum extent allowed by applicable law, Microsoft and its affiliates: (a) have no warranty obligations whatsoever with respect to the Services; and (b) have no liability to you for any claims or damages relating to the Services.
(2) Microsoft and its affiliates have no obligation to provide you with any support for the Services or with any other additional services.
(3) Nothing in these Terms is intended to: (a) prevent or limit your access to any software product intended for use on a Microsoft video game platform, including with respect to any related updates or digital content; or (b) govern or change in any way your relationship with Microsoft under Microsoft’s applicable agreements with you, including the Xbox network terms of use.
Apple Additional Terms
If you are accessing or using an application that is operated or published by Zooyos and posts or links to these Terms through an Apple device running iOS (“iOS App”), the following Additional Terms are applicable to you and are incorporated into these Terms by this reference:
(1) You acknowledge that these Terms are concluded between you and Zooyos only, and that Zooyos, and not Apple, is responsible for providing the Services and any content thereof.
(2) You may only access an iOS App through Apple-branded products that you own or control and as permitted by the usage rules set forth in the App Store Terms of Service (currently available at https://www.apple.com/legal/internet-services/itunes/uk/terms.html); provided that an iOS App may be accessed and used by other accounts associated with you via Family Sharing or volume purchasing.
(3) You acknowledge that Apple has no obligation to furnish any maintenance or support services to you with respect to any iOS App. To the extent that any maintenance or support is required under applicable law, Zooyos, and not Apple, is obligated to provide such maintenance and support.
(4) In the event a warranty obligation is not disclaimed under these Terms or Additional Terms and/or cannot be disclaimed under applicable law, Zooyos, and not Apple, is responsible for providing such warranty. If an iOS App fails to conform to an applicable warranty, you may notify Apple, and Apple will refund the purchase price for the iOS App. To the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to an iOS App.
(5) Notwithstanding anything to the contrary herein, you acknowledge that, solely as between Apple and Zooyos, Zooyos is responsible for addressing any claims you may have relating to the Services, including: (a) product liability claims; (b) any claim that the Services fail to conform to any applicable legal or regulatory requirement; and (c) claims arising under consumer protection, privacy or similar legislation.
(6) If the Services are alleged to infringe a third party's intellectual property rights, Zooyos, and not Apple, is responsible for the investigation, defence, settlement, and discharge of any such intellectual property infringement claims.
(7) You agree to comply with any third-party terms applicable to your use of an iOS App.
(8) You acknowledge and agree that Apple, and Apple’s subsidiaries, are third-party beneficiaries of these Terms of Service and that Apple has the right to enforce this Section ADDITIONAL TERMS Apple Additional Terms against you as a third-party beneficiary thereof.
GENERAL TERMS
Force Majeure
If unforeseen events beyond your or our control take place, then neither of us will be liable to the other for any obligations which cannot be performed.
Neither of us will be liable to the other regarding any performance, or non-performance, or delay, in whole or in part, due to Force Majeure.
“Force Majeure” means any cause preventing a party from performing any or all of its obligations which arises from or is attributable to acts, events, omissions or accidents beyond the reasonable control of the party so prevented including pandemics, cybersecurity incidents, strikes, lock-outs or other industrial disputes (other than any such dispute involving the workforce of the party so prevented), nuclear accident or acts of God, war or terrorist activity, riot, civil commotion, malicious damage (excluding malicious damage involving the employees of the affected party or its sub-contractors), compliance with any law or governmental order, rule, regulation or direction, industrial action by employees of any providers of electrical power, failure of technical facilities, hacking, denial of service or other IT attack, deployment of IT virus malware or similar technology, fire, flood, or storm or default of suppliers or sub-contractors.
Export Controls
You understand and agree that our Website, Games and other Services may not be used, accessed, downloaded, or otherwise exported, reexported, or transferred in contravention of applicable export control, economic sanctions, and import laws and regulations, including, but not limited to, the U.S. Export Administration Regulations (“EAR”) and regulations promulgated by the U.S. Department of the Treasury’s Office of Foreign Assets Control (“OFAC”). You represent and warrant that you (1) are not subject to U.S. sanctions or export restrictions and otherwise are eligible to utilise our Website, Games and other Services under applicable laws and regulations; (2) are not located or ordinarily resident in a country or region subject to comprehensive or near-comprehensive U.S. sanctions/embargo, unless your use of our Website, Games and other Services in such country or region is authorised by U.S. law; (3) are not an official, employee, agent, or contractor of, or directly or indirectly acting or purporting to act for or on behalf of, a government (including any political subdivision, agency, or instrumentality thereof or any person directly or indirectly owned or controlled by the foregoing) or political party (e.g., Cuban Communist Party, Workers’ Party of Korea) subject to U.S. sanctions/embargo or any other entity in a sanctioned/embargoed country or region or subject to U.S. sanctions/embargo; and (4) will not use our Website, Games and other Services in connection with an end-use prohibited by U.S. law.
Responsible Gaming
While we want you to have a fun, exciting, and entertaining experience while using the Services, it is your responsibility to exercise control over your playtime, spending, and purchases on the Services. Although it’s not part of these Terms, we encourage you to read our Responsible Gaming page for information on how to balance playtime with your other leisurely activities and responsibilities.
Artificial Intelligence
Zooyos may use artificial intelligence (“AI”) generative AI, or other technologies which may be considered automated decision-marking or profiling, to provide, design, develop, and improve our Services (for example, the use of chatbots and other means to facilitate customer support processes, to tailor our Services to your preferences, and to generate certain art and assets in our Games and other Services) and for other legitimate business purposes. The license you grant in Section USER-GENERATED CONTENT (UGC) Ownership and Licensing, for example, allows Zooyos to use your User Content to inform, train, develop, or serve as inputs to generative AI or other AI models. You understand that some of our AI systems and models used in the provision of the Services are provided by third party service providers and are subject to third party terms and conditions.
Language
To the fullest extent permitted by applicable law, the controlling language for these Terms is English. It is the express wish of the parties that these Terms and all related documents have been drawn up in English.
Other Terms
Zooyos’s failure to exercise or enforce any right or provision of these Terms will not operate as a waiver of that right or provision. These Terms reflect the entire agreement between the parties relating to the covered subject matter and supersede all prior agreements, representations, statements, and understandings of the parties.
Communications between Zooyos and you may be conducted electronically.
Contact Us
If you have any questions about these Terms you may contact us by email at legal[at]zooyos[dot]com.