Terms of Use – Legal Agreement

L · 04-12-2012

Information Provided by You
If you submit information to our site, you agree not to (1) post or transmit anything that is defamatory, libelous, abusive, unlawful, obscene, threatening, fraudulent, pornographic or harmful, or that could encourage criminal or unethical behavior; (2) post or transmit pyramid schemes, chain letters, or conduct gambling; (3) post or transmit anything that violates the copyright or intellectual property rights of any person or entity; (4) post or transmit a virus or any other harmful component; or (5) contact other site users through unsolicited e-mail, telephone calls or any other method of communication.

Registration
In order to become a Member to the Service you must register and provide specified information. You represent that your registration information will be current, complete and accurate at the time you register and that you will update it as necessary. For registration and sign-in purposes, you will select a password. You agree that you will not allow others to use your Member name, password and/or account.

Termination of Usage
Z8Games may terminate or suspend your access to all or parts of the Service, without notice, for any conduct that Z8Games in its sole discretion, believes is in violation of this Agreement or applicable law, or is detrimental to the interests of another user or any third party. In such case, Z8Games shall have no liability to you.

Intellectual Property Rights
You agree that all content on the Service, including text, graphics, photographs, musical compositions, sound recordings, game created files, and other material (the "Content") and the selection, coordination, arrangement and enhancement of same, is the exclusive property of Z8Games or the property of content suppliers to Z8Games and is protected by copyrights, trademarks and/or other proprietary rights under the laws of Canada and other countries. All present and future copyrights, trademarks and other proprietary rights in and to the Content shall, as between you and Z8Games, at all times be and remain the exclusive property of Z8Games and its content suppliers. You may not create any derivative works based on the Content or otherwise use the Content except as expressly authorized herein. The Service includes materials whose proprietary rights, copyrights and trademarks are owned by third parties. Use of such materials is prohibited without written permission from the owners of such materials.

Ownership
For all games, properties, titles, and services operating under Z8Games, including but not limited to and without limitation; user accounts, game/computer code, game items/objects, characters, character names, character profile information, clans/guilds and their names, game replays/recordings, art, game assets, music, visual effects, documentation, story, game sounds, chat room transcripts, or anything else provided by our services and games are owned by Z8Games and/or its respective developers and partners. These Games and Services are protected by Canadian and international laws, and may contain certain licensed materials in which Z8Games's licensors may enforce their rights in the event of any violation of this Agreement.

Restrictions on Use
You agree to use the Content only for personal, non-commercial, lawful purposes and not for resale or other transfer to, or use by or for the benefit of, any other person or entity. With respect to Z8Games downloading membership service, Z8Games grants you a limited, non-exclusive, non-transferable, revocable right to receive by download and/or copy, as applicable, selected portions of the content to your personal computer only.

Disclaimer of Warranty
Your use of the service is at your sole risk. The content is provided "as is" and where permitted by law, Z8Games makes no warranty of any kind, express or implied. As to the accuracy or completeness of the content, including, but not limited to, implied warranties of merchantability, non-infringement, title or fitness for a particular purpose or use. Z8Games does not warrant that the service is compatible with your equipment or is free of errors, viruses or other defects and is not liable for any damages you or any third party may suffer as a result thereof.

Limitation of Liability
Under no circumstances, where permitted by law, including, but not limited to negligence, shall Z8Games be liable to you for any direct or indirect, punitive, special, incidental or consequential damages allegedly sustained by you or any third parties from your use of the service or the content or your inability to access or use the service. Some jurisdictions do not allow the exclusion or limitation of liability for punitive, consequential or incidental damages. In such jurisdictions, Z8Games' liability is limited to the greatest extent permitted by law.

Linking
Z8Games may provide hyperlinks to other Websites maintained by third parties or may provide third party content on the Service by framing or other methods. The fact that Z8Games provides a link to a third party Website does not mean that we endorse, authorize or sponsor that website. The links to third party websites are provided for your convenience and information only. The content in any linked websites is not under our control and we are not responsible for the content of linked websites, including any further links contained in a third party websites. If you decide to access any of the third party websites linked to the service, you do this entirely at your own risk. It is up to you to take precautions to ensure that the third party Website to which you link is free of computer viruses and other items of a destructive nature.

Representations and Warranties
You represent, warrant and covenant that you: (i) have the power and authority to enter into this Agreement; (ii) shall not use any rights granted herein for any unlawful purpose; and (iii) shall use the Service and the Content only as permitted by this Agreement.

Indemnity
You agree to indemnify and hold harmless Z8Games and its agents, employees, representatives, licensors, affiliates, parents and subsidiaries from and against any and all claims, losses, demands, causes of action and judgments (including attorney's fees and court costs) arising from or relating to your use of the Content or the Service, including, without limitation, allowing others to use your Member name, password and/or account.

Governing Law
Where permitted by law, this Agreement shall be governed and construed in accordance with the laws of Canada and the Province of Ontario, without giving effect to conflicts of law principles. You agree to submit to the personal jurisdiction and venue of the Provincial and Federal courts located in Ontario, with respect to any legal proceedings relating to this Agreement and waive any objection to the propriety or convenience of venue in such courts.

Refund Policy
All merchandise sold through the Z8Games related websites is "virtual" and intangible, and therefore cannot be returned. Since game play itself is free to registered users, Z8Games will process any request for refund, made within 48 hours of purchase, to a new registrant who finds the overall gaming experience does not meet expectations. Said player will immediately be de-registered and may not be permitted to participate in further play.

Entire Agreement
This Agreement, above and below this clause, is the complete and entire agreement between the parties and supersedes any prior agreement whether written or oral.

Language Clause
The parties hereto have expressly requested that this Agreement and all related documents be drafted in English. Les parties aux présentes ontexpressément requis que les présentes et tout document y afférent soient rédigés en langue anglaise.

Terms of Use – Z8Games Policy and User Conduct
[1.0] Account
An Account is issued to a player when they register with the site. Action against that account when it is in violation of any of the rules of the following agreement is defined as; Full Account Closure or any type of limited access that Z8Games determine, in its sole discretion, is appropriate or necessary for the violation of the rule. The following subsections further define the actions which may be executed to an account due to account behavior or account information being compromised.

[1.1] Account Responsibility
It is the responsibility of the account holder to ensure that the information used to create the account remains remembered and confidential by the creator of the account. This information may include, but is not limited to; The Login ID information, The Registration Email and the Security Question and Answer. Z8Games takes no responsibility to prove ownership of the account if this information is voluntarily transmitted to other people. Additionally, Z8Games will never ask any user for their Account Password.

[1.1b] Account Information
Z8Games takes no responsibility for the inability of the account holder to provide any and all of the information listed in [1.1]. Z8Games may not be able to grant account access to the account if the information is not provided.

[1.1.1] Involuntary Account Information Gathering
It is the responsibility of the account holder to ensure that additional measures are taken for the security of the account. This includes but is not limiting to, running regular virus and malware checks, monitoring appropriate file sharing and watching what websites are being clicked on. Z8Games takes no responsibility for the loss of an account due to a ‘phishing’ website, ‘key-logging’ programs or other malicious software.

[1.1.2] Account Sharing
Accounts shall not be shared between people. This includes but may not be limited to such people as friends, relatives, parents, children, spouses, co-workers, clan members etc. It is the responsibility of the account holder to keep all information about the account secure. Z8Games takes no responsibility for an account in which more than one person may know the confidential information of. Accounts involved in sharing instances may require information as listed in [1.1.4] to prove ownership. Z8Games reserves the right to leave the account in its current state or close an account if information can’t be corroborated.

[1.1.3] Responsibility of Actions
All actions taken on an account are the responsibility of its owner. This includes but is not limited to, hacking, acting in an excessively negative nature and abusing bugs. Accounts may have action taken against them no matter who was on the account at any given time. If an account was lost due to a scam and subsequently broke the Terms and Conditions, Z8Games takes no responsibility for the actions performed while the account was lost.

[1.1.4] Account Return Policy
In the event that an account becomes compromised it is the player’s responsibility to contact Z8Games with the most amount of information they can provide. Z8Games may require additional information to prove account ownership. This information includes but is not limited to; the security question and answer, the original Registered Email, the IP address of the registering computer and Financial Transaction receipts/records. If at such time it is impossible for Z8Games to prove ownership then the account may be ignored, left in its current status or closed. It is not the responsibility of Z8Games to return lost accounts to any specific person or player.In the event that an account becomes compromised it is the player’s responsibility to contact Z8Games with the most amount of information they can provide. Z8Games may require additional information to prove account ownership. This information includes but is not limited to; the security question and answer, the original Registered Email, the IP address of the registering computer and Financial Transaction receipts/records. If at such time it is impossible for Z8Games to prove ownership then the account may be ignored, left in its current status or closed. It is not the responsibility of Z8Games to return lost accounts to any specific person or player.
Additionally Z8Games staff will only ask for account information as listed above by direct communication through our support site or via telephone communication with a Customer Support Representative.

[1.1.5] Buying / Selling of Z8Games property (includes items and accounts)
Z8Games does not allow the buying or selling of its property (as listed in this agreement). This includes but is not limited to accounts, items contained within accounts or any other virtual property created within its games. Accounts may be suspended or closed if investigated or caught participating in selling or the promotion of account selling or any other solicitation involving account or item buying/selling.

[2.0] Account Closures, Warnings and Suspensions
Z8Games may, at any time, issue Warnings, Suspensions or Account Closures for any conduct that Z8Games believes is in violation of this Agreement or detrimental to the interests of another User or Third Party. In the event an account receives a Warning or Suspension, information will be transmitted to the player via the Z8Games website. It is the players responsibility to contact Z8Games regarding any closures or actions taken on an account within 30 days of said action.

[2.0.1] Account Investigations and Temporary Suspensions
Z8Games may at any time temporarily suspend an account for investigative purposes. The investigation will keep the account unavailable until at which time Z8Games lifts the suspension. The reasons may include but are not limited to; Hacking, Scamming, Account Issues, Monetary issues or anything Z8Games deems necessary to discover more information on.

[2.0.2] Ban Disputes
Players have 48 hours to contact Z8Games regarding any ban dispute including but not limited to; Hacking, Harassment, Impersonation and other malicious activity in-game. Contacting Z8Games regarding a dispute for these reasons does not ensure the account will be recovered.

[2.0.3] Full Account Closure
Z8Games reserves the right to terminate or close any account, without notice for any reason. In such cases G4Box Inc and Z8Games has no liability to you.

[2.0.4]Temporary Items and Suspensions or Bans
For Z8Games policy on temporary "timed" items while an account is suspended or banned please see section [3.8.7]

[3.0] In-Game and Website Conduct Responsibility
It is the responsibility of the user to act accordingly while playing games on the Z8Games Portal, or within their website. This may include, but is not limited to the Z8Games Forums, Metin 2 and Cross Fire. Z8Games, in its sole discretion, reserves the right to close or remove users who act negatively towards the community and/or other users of its products.
Hereafter any and all conventions for In-Game Characters, Names or Accounts shall also apply to Z8Games Community Forum.

[3.1] Character Naming Conventions
In-Game and Forum names are the only way players should reference each other in the game and forum environments. Character names may be compromised of any legal letter, symbol or number combination allowed by the restrictions placed in the Game or Forum environment. Character names may not in any way reference negative content involving; sexual, racial/ethnic, slang, extreme violence, obscene and vulgar slang/language. Z8Games in its sole discretion reserves the right to judge the content of a character name and determine the best course of action.

[3.1.1] Character Name Changes
Z8Games in its sole discretion, reserves the right to change any character name. Reasons may include, but are not limited to negative content as described in [3.1], inactivity of the player account, Harassment of other players or any other such conduct that may require an In-Game Character name to be changed.
Z8Games, in its sole discretion also reserves the right to block, close or prevent any account from using its services based on the above inappropriate character names.

[3.2] In-Game and Forum Chat/Player Conduct
In-Game chat is defined as any action taken in a public or private chat channel within any of the outlets on the Z8Games portal. This includes, but may not be limited to; Server, Channel, Game and Private chat in any Z8Games Product as well as the Z8Games Community Forum
Z8Games, in its sole discretion, reserves the right to take disciplinary action towards any account found acting negatively towards other users. These actions may include, but are not limited to; Racial and derogatory comments, discrimination, continual chat harassment, sexual harassment (including sexual orientation harassment).
Disciplinary action may also include blocking chat privileges in its games for an appropriate amount of time.

[3.2.1] Harassment Definition and Clauses
Harassment includes, but is not limited to, Stalking, inappropriate name-calling, offensive or negative remarks directed to a single player or group of players, impersonation and false information. All harassment cases may be reported through the appropriate channels to a Z8Games representative, however, Z8Games, in its sole judgment, will determine the extent to which a player or account may be punished for harassment.

[3.3] Account Scamming
Account Scamming applies to any person place or thing attempting to gain access to the private information on another users account. This information may include but is not limited to; The account Password, Login-ID, Security Question and Answer and the registered account email address.
Z8Games reserves the right to close or take appropriate action on any account it deems is participating in scamming activity.
Z8Games takes no responsibility for the result of a scam falling outside the game or its own website as outlined in [1.1.1] of this agreement.

[3.3.1] In-Game Scams
In Game Scams can include, but are not limited to player impersonation (including guild leaders etc), misleading players to exchange items or any scam involving misleading actions resulting in item loss, account loss etc.
Z8Games reserves the right to make any and all judgments in regards to scam cases.

[3.3.2] Metin 2 Specific Item Mall Scam
Metin 2 Item Mall items cannot be traded. “Use” items should be for the individual player alone. Z8Games reserves the right to take action against accounts found to be misleading other players into item-trades or scams that involve these Item Mall items.
Players found to have been using the Item Mall for the purposes of scamming may have action taken against their account. This also includes chargebacks relating to Item Mall scams.
Z8Games also takes no responsibility for the recovery or the restoration of these items if the above scam occurs. It is the responsibility of the player to understand that traded items within the game may result in the permanent loss of that item. It is also the responsibility of the player to report potential scams to a Z8Games representative for judgment.

[3.3.3] Lost Items
Z8Games takes no responsibility for the loss of items due to scams, hacking, account sharing or other actions beyond G4Box and Z8Games control. It is the player’s responsibility to report lost items or situations for investigation no later than 48 hours after the event; however it is not Z8Games or G4Box’s obligation to return items once the investigation is complete.

[3.4] Impersonation
Z8Games, in its sole discretion, reserves the right to take action against any player or account found to have been impersonating other players, administrators, GM (Game Master), or Player Moderators.

[3.5] Reporting Responsibility
It is the responsibility of the account holder to report, to the Z8Games Support Site, any violations of the rules within this agreement. Z8Games reserves the right to take any level of action based on the reported evidence.

[3.5.1] Excessive Repetitive Reporting
Z8Games reserves the right to take action against players or accounts that have repeatedly sent notice of other players, accounts or rule violations, whether these notices are legitimate or not. These actions may also include, false hack reports, continued harassment of Z8Games Administrators and Staff, excessive use of profanity and/or abusive language or ignoring of GM instructions.

[3.6] Cheats, Hacking and Malicious Software
Z8Games under no circumstance tolerates any kind of game altering software, hacking programs, external key loggers, malicious software or game hacking of any kind. This may or may not be limited to software that alters the game files, accesses parts of the game that are otherwise inaccessible by normal operation or software that attempts to misdirect, impersonate other site or otherwise gain account information outside of the games and website.
Z8Games reserves the right to take appropriate action against any user or user account that has used any malicious third-party software or game hacking tools within its games or website.
Z8games also reserves the right to hold judgment on whether a player has been using a hacking program within its games. Each case will be reviewed and the decision that Z8Games staff comes to will be held as final and indisputable.

[3.7] Metin 2 Specific In-Game Conduct and Policy
Z8Games, in its sole discretion, will determine the course of action in any case involving the act of “griefing” (causing other players problems performing standard functions of the game), Kill Stealing (when players or groups of players are involved in engaging mobs for the purposes of disrupting regular gameplay), or any other action that Z8Games determines, after review, is necessary to enforce.

[3.8] Item Purchase and Refund Policy
All Item Purchases are final. Z8Games takes no responsibility for mistaken actions within its game relating to item purchasing. Refunds (of Z8Games Points) will be given for Metin 2 item mall purchases so long as the purchaser contacts Z8Games within 48 hours of the purchase. Refunds (of Z8Games Points) will be given for Cross Fire items with durations of 30 days or more only if the purchaser contacts Z8Games within 48 hours of the purchase of the item. refund of this type will only be given once per account.

[3.8.1] Bonus Point and Game Point Sales
All items paid for with Z8Games Bonus Points or Cross Fire Game Points or Metin 2 in-game Gold are final. No refunds or exchanges will be given for these items.

[3.8.2] Cross Fire specific items (Black Market)
All Black Market Crates sales are final. No refunds or exchanges will be given for the crates themselves and no items won from the crates can be exchanged for other items. Black Market Coupon refunds will be given for accidental exchanges as long as the purchaser contacts Z8Games within 48 hours of the original coupon exchange. A refund of this type will only be given once per account.

[3.8.3] Black Market same-item-type storage maximum
An account may own up to a maximum of six (6) items of any individual type from the Black Market. No Compensation will be given if a player wins an item of the same type that exceeds this maximum (more than 6).

[3.8.4] Item Transfer Policy
It is the responsibility of the player to understand that all item sales are for the single account which purchased the item only. Transfer of items is not possible and requests for such actions will be denied.

[3.8.5] Cross Fire 'Character' items
Due to the nature of the 'Character items' in Cross Fire refunds or exchanges on these item types are impossible. We apologize for this inconvenience but please make sure which item you are clicking on in the mall or in-game window to prevent accidental purchases.

[3.8.6] Cross Fire 'weapon' Deletion Policy
Because all purchases within Cross Fire are final, we do not delete any weapons from accounts based on user requests. If you own a weapon item and the refund policy no longer applies, that weapon will be on your account and we will not process requests to arbitrarily remove it.
[3.8.7]Temporary Item
Temporary Items, those which have timed days in both Cross Fire and Metin 2, will only have their timers held for account suspensions involving payment related issues (which includes chargebacks) and any temporary suspension for an account investigation. All other account suspensions and bans which include but are not limited to, temporary and permanent bans for hacking, will not have the item timer held.

No refund or exchange will be given for an item which runs out of its timer during the period in which an account is suspended in accordance to the above.
Terms of Use – Game Currency and Monetary Policy

[4.0] Additional Monetary Policy
Some Z8Games products and services are subject to fees. The following outlines customer transaction and usage rights as it pertains to Z8Games products and services that are sold via the Z8Games website and its affiliate and/or game-related websites.

[4.1] Virtual Currency
Some or all games under the Z8Games portal may offer the ability to use and/or obtain virtual currency to purchase/license items and/or services. This virtual currency can only be used in their intended games and may not be used in any game not designated by the game’s developer or publisher. You may be required to pay real currency in order to obtain certain types of virtual currency or other online currency.
Z8Games, in its sole discretion, reserves the right to change or alter the value of virtual currency or other online currency you purchase for any given amount at any time. All changes to these values will not require any prior notice but will be reflected in the new values at the time of purchase. No refunds will be given at any time for incorrect buyer perception of the values given. Your purchase of virtual currency or other online currency is final and shall under no circumstances be refundable, exchangeable or transferable including, without limitation, upon termination, suspension, and/or ban of your Z8Games account for any reason, termination of this agreement, and/or the discontinuation of the services.

[4.2] Chargeback Policy
Accounts that have incurred chargebacks will receive a penalty fee of $10 USD per chargeback received. Reversal of account closure can be made through full payment of original purchase order, including the penalty fee, in the form of a money order; unless stated otherwise by the staff of Z8Games. All payments should be in US dollars and must be accessible in Canada.
All payments can be mailed to the following address, and must include a detailed description of all the accounts related the charge. Please note all chargeback accounts will remain closed until we receive your payments.
Pay to: G4box Inc.
PO Box 80009
North York, ON, Canada
M2J 5B0
For further information contact Z8Games Customer Support

[4.4] Third-Party Sites
Z8Games may, at times, provide links to other third-party websites or services. These include, but are not limited to ****** sites/providers such as BMG ******, ************ ****** and other advertizing companies. Some of these websites and/or third-party vendors may provide content, goods and/or services, or methods of obtaining virtual currency/items for our games and/or may charge separate fees. These fees are completely separate to any fee that would be paid to Z8Games.

[4.4.1] Fees charged by Third Party Sites
Z8Games takes no responsibility for additional fees charged by unaffiliated sites. It is the responsibility of the user on those sites to decide whether or not to pay those fees. Z8Games takes no responsibility for the consequences of the actions of paying or not paying said fees on unaffiliated sites.
Z8Games has no control over any pricing structures or methods of payments, or the divulging of private information that may be required by the unaffiliated site or company. Z8Games is not affiliated with these sites and has no access to the information which you provide, or use on their sites. Users should take all precautions to protect their privacy when using the above sites. Any obligations or charges you incur in your dealings with sites not affiliated with Z8Games and G4Box are the responsibility of the persons involved.
Z8Games makes no guarantees, representation or warranty regarding any content, goods and/or services provided by any third-party or unaffiliated website or company.

[4.5] Provided Payment Options

PayPal

If you do not have a PayPal account, you may set up a free account at www.paypal.com. Z8Games is not affiliated with PayPal and has no access to account information of PayPal users.

PayByCash

PayByCash enables you to pay for purchases without a credit card. Z8Games is not affiliated with PayByCash and has no access to account information of PayByCash users.

ClickandBuy

ClickandBuy enables you to pay for purchases without a credit card. Z8Games is not affiliated with ClickandBuy and has no access to account information of ClickandBuy users.

BuddieShops

BuddieShops enables you to pay for purchases using PayPal, MoneyBookers, Google Checkout and Paysafecard. Z8Games is not affiliated with BuddieShops and has no access to account information of BuddieShops users.

Prepaid Cards

Prepaid Cards enable you to pay for purchases by buying these cards from store fronts and online stores or other methods.

Redeem Code

Certain payment methods may provide you with a Redeem Code that enables you to pay for purchases using various methods depending on the supported site.

Mobile Phone and Landline Payments

An easy, fast and safe way to buy virtual items online with your mobile phone. No credit card details, registration or checkout forms required.

Credits: @Z8Games, @The XXX Devil