Terms of Service

These Terms of Service (together with Supplemental Terms, defined below, “Terms of Service” or “Agreement”) govern Your use of and access to Services (defined in Section 1 below) provided by Blackzendo AG on behalf of itself and its subsidiaries and affiliates (collectively, “Blackzendo”). 

If You purchase Services from Blackzendo, then You will be making payments to Blackzendo AG, a company registered under the laws of Switzerland, with company registration number: CHE-110.127.252 MWST and with offices at Seminarstrasse 54, CH-5430 Wettingen, Switzerland.  Do not use the addresses set forth above for withdrawal notices or other queries; instead, please contact Blackzendo Customer Services as described below.

If You purchase Services from an authorized Blackzendo reseller, console manufacturers and/or other resellers (collectively, “Resellers”), then You will be making payments to such Reseller for such Services.  For clarity, these Terms of Service will apply to all such Services as if such Services had been purchased from Blackzendo.  In connection with payments made to Resellers, the Resellers will collect personal information from You, including without limitation credit card, debit card and other payment information.  Your disclosure of information to a Reseller and Your purchases of Services from a Reseller will be subject to the Reseller’s terms of service and Privacy Policy (collectively, the “Reseller Terms”).  The Reseller Terms are in addition to these Terms of Service and the Blackzendo Privacy Policy.  Such Reseller Terms do not modify or amend these Terms of Service or Blackzendo’s Privacy Policy.

By using any Blackzendo Services, You affirm that (i) You are at least 18 years of age (or have reached the age of majority if that is not 18 years of age where You live) OR You have reviewed these Terms of Service with Your parent or guardian and he or she assents to these Terms of Service on Your behalf and takes full responsibility for Your compliance with them (You or Your parent or guardian assenting: “You” or “Your”) AND (ii) You are a legal resident of a country where Your access to and use of the applicable Services are permitted.  You represent that You are fully able and competent to enter into the terms, conditions, and representations set forth in these Terms of Service, and You agree to abide by and comply with them.

In addition to these Terms of Service, Blackzendo’s Privacy Policy, available at www.blackzendo.com/privacy-policy and any additional terms and/or agreements that apply to the particular Service(s) used by You, govern Your use of Services (collectively, “Supplemental Terms”).  The Supplemental Terms form part of these Terms of Service and are incorporated by reference into these Terms of Service.  Examples of Supplemental Terms include, but are not limited to, the code of conduct for a Blackzendo Game (defined in Section 1 below), Blackzendo issued contest rules, Blackzendo issued tournament rules and related tournament agreements, beta agreements for pre-release versions of Games and nondisclosure agreements.  These Terms of Service are also supplemented by any End User License Agreement (the “EULA”) accompanying a Blackzendo Game or other terms and conditions that are applicable to a specific Game.  The EULA governs Your use of the Game client.  

These Terms of Service contain a Dispute Resolution, Arbitration and Class Action Waiver Provision in Section 15 that affects Your rights under these Terms of Service with respect to disputes You may have with Blackzendo if You reside in a jurisdiction outside of the European Economic Area (“EEA”)/Switzerland/Australia/New Zealand.  You may opt out of the binding individual arbitration and class action waiver as provided below in Section 15. 

Blackzendo may modify these Terms of Service at its sole discretion at any time, by posting the revised version or upon other notice to You. Unless otherwise noted, revisions shall be effective immediately and You will need to agree to the revised Terms of Service before You continue using any Services. By continuing to use the Services or our websites, You agree to any revised Terms of Service.  If You do not agree to the revised Terms of Service and/or revised Supplemental Terms, You must discontinue further use of any of the Services, contact Customer Services.

Except for payment services in Europe which relate to Blackzendo, or as otherwise provided by law, these Terms of Service are between You and Blackzendo AG. and none of Blackzendo AG’s subsidiaries or other affiliates shall have any obligations or liability under or related to these Terms of Service.

Table of Contents

1……… Services; Your Account(s)

2……… Content; User-Generated Content; Downloadable Content, Game Mods and Virtual Items

3……… Limited License to Use

4……… Beta Tests

5……… Paid Services

6……… Availability of Services and Content; Game Maintenance, Patches, Updates; Termination of Services

7……… Your Right to Cancel Your Account

8……… Rules of Conduct

9……… Your Use of the Services

10……. Third Party Sites and Products

11……. Disclaimer of Warranty

12……. Limitation of Liability; Limited Remedies

13……. Indemnification/Reimbursement

14……. Termination of Your Account by Blackzendo

15……. Dispute Resolution, Arbitration and Class Action Waiver

16……. Unsolicited Materials

17……. Intellectual Property Infringement

18……. General Terms

19……. Entire Agreement

20……. Notice to California Residents

21……. Notice to EEA/Swiss Residents

1.      Services; Your Account(s)

Blackzendo offers a range of services on PC, Mac, iOS devices, consoles, and mobile devices, including, but not limited to: (i) access to Content (defined in Section 2), (ii) games and other products or services that You install or play, including, but not limited to, Blackzendo’s computer and console entertainment software game(s) (collectively, “Game(s)”), (iii) software, including, but not limited to, third-party software (“Software”), and (iv) related services, such as membership programs that include special benefits for members, downloading and uploading media, forums, and additional features (together with Content, Games and Software collectively referred to as “Services”).  For purposes of these Terms of Service, references to a “Game” include, unless the context requires otherwise, Content that is used or available in the Game or that is applicable to the Game and the Software that facilitates the playing of the Game.

Certain Services may require the creation of an account (“Account(s)”).  To create an Account, You must have a valid email address and be eligible to use the Service for which You are registering.  You must provide truthful and accurate information, and update such information to keep it true, accurate, current and complete.  During the registration process, You may be required to create a password.  Blackzendo has the right to restrict, suspend, or terminate Your Account and refuse any and all current or future use of Services if Blackzendo reasonably believes that such information is untrue, inaccurate, not current, or incomplete.

Some Services may require creation of a user name, such as a “UserID”, “Display Name”, “Character Name” or “Guild Name” to represent You in the Services, and which are tied to Your Account (collectively, “user name(s)”).  You may not select the name of another person, any third party’s trademark, copyright, or other intellectual property infringement, any name that could mislead other players to believe You to be an employee of Blackzendo or affiliated companies, or any name that Blackzendo deems in its sole discretion to be vulgar, offensive, or otherwise violates these Terms of Service.  Subject to the Statutory Obligations (as defined below), Blackzendo reserves the right, in its sole discretion, (a) to delete or alter any user names tied to an Account; and (b) to restrict, suspend or terminate Your access to any Service or license granted to You, for any reason whatsoever, including, without limitation, any suspected or actual infringement of any trademark or trade name right, copyright, or other proprietary right. 

By creating an Account, You agree that You do not own the Account, any user names created on the Account, any Content stored or associated with an Account (such as digital and/or virtual assets, achievements, virtual currency, and other Downloadable Content), or related data associated with the Account.

Accounts are non-transferable under all circumstances.  You have sole liability for all activities on Your Account and/or under Your user names.  You may be held liable for losses incurred by Blackzendo or other third parties due to someone else using Your Account, user name or password.  Your Account or certain features of Your Account may be restricted, suspended, and/or terminated if someone else uses Your Account, user name or password to engage in activity that violates these Terms of Service or is otherwise improper or illegal.  You agree to notify Blackzendo immediately of any unauthorized use of Your Account, user name, or password, or any other breach of security. 

Do not reveal Your Account password to others.  Blackzendo employees will not ask You to reveal Your password.  You provide Your password only during automatic Account Services, such as during the log-on process, or if You initiate a “Forgot Password” request to obtain security questions. 

SECTION 12 OF THESE TERMS OF SERVICE INCLUDE PROVISIONS THAT MAY AFFECT YOUR ABILITY TO COLLECT DAMAGES FROM BLACKZENDO IF (I) YOU HAVE A DISPUTE WITH BLACKZENDO AND (II) YOU RESIDE IN A JURISDICTION WHERE PROVISIONS EXCLUDING OR LIMITING LIABILITY ARE ENFORCEABLE.

IF YOU ARE RESIDENT IN THE EEA, SWITZERLAND, RUSSIA, AUSTRALIA OR NEW ZEALAND, BLACKZENDO ACKNOWLEDGES THAT THERE ARE CERTAIN GUARANTEES, WARRANTIES, TERMS AND CONDITIONS (INCLUDING IN RESPECT OF REFUNDS AND RETURNS AND UNFAIR TERMS) IMPOSED BY THE LAWS RELATING TO THE SUPPLY OF GOODS, SERVICES AND DIGITAL CONTENT UNDER THESE TERMS OF SERVICES, THE SUPPLEMENTAL TERMS AND ANY EULA WHICH THE LAWS EXPRESSLY PROVIDE MAY NOT BE EXCLUDED, RESTRICTED OR MODIFIED OR MAY ONLY BE LIMITED TO A CERTAIN EXTENT (THE “STATUTORY OBLIGATIONS“).  NOTHING IN THESE TERMS OF SERVICE, THE SUPPLEMENTAL TERMS AND ANY EULA EXCLUDES, RESTRICTS OR MODIFIES THE STATUTORY OBLIGATIONS OTHERWISE THAN ACCORDING TO SUCH LAWS.

UNDER THE STATUTORY OBLIGATIONS BLACKZENDO IS UNDER A LEGAL DUTY TO SUPPLY TO YOU GOODS, SERVICES AND DIGITAL CONTENT THAT ARE IN CONFORMITY WITH OUR CONTRACT WITH YOU.

 

PHOTOSENSITIVITY WARNING.  A very small percentage of individuals may experience epileptic seizures or blackouts when exposed to certain visual images, including without limitation light patterns or flashing lights.  Exposure to certain patterns or backgrounds on a computer, television or other screen, or while playing video games, may induce epileptic seizures or blackouts in these individuals.  These conditions may induce previously undetected epileptic symptoms, blackouts, or seizures in persons who have no history of prior seizures or epilepsy.  If You, anyone in Your family, or anyone in Your household, have an epileptic condition, have had seizures of any kind, or seizure symptoms, consult a doctor prior to using the Services or playing any Game. If You experience any of the following symptoms while playing any Game, immediately discontinue use and consult Your physician before resuming play: dizziness, altered vision, eye or muscle twitches, jerking or shaking of arms or legs, loss of awareness, disorientation, confusion, any involuntary movement, or convulsions.

Any use, reproduction, modification or distribution of Services, including, but not limited to, Games, Content, Software, or any other intellectual property not expressly authorized by these Terms of Service or by an authorized representative of Blackzendo in writing is strictly prohibited.

Not all features, products, or Services offered or provided are available to all persons who try to register or in all geographic locations.  Blackzendo reserves the right to limit, in its sole discretion, the provision and quantity of any feature, product, or Service to any person or geographic area.

Any offer for any feature, product or Service is void where such Services are prohibited.  You are solely responsible for Your compliance with applicable laws with respect to the Services that You access and use.

2.      Content; User-Generated Content; Downloadable Content; Game Mods and Virtual Items

This Section 2 shall survive any termination of these Terms of Service.

A. Content Generally

Content” includes technology, text, forum posts, chat posts, profiles, widgets, messages, links, emails, music, sound, graphics, animations, animation-style videos, content, pictures, code, files, data, characters (and items and attributes associated with characters), and all audio visual or other material appearing on or emanating to and/or from the Services, as well as the design and appearance of any websites under Blackzendo’s control.  All Content made available by Blackzendo, unless explicitly identified as third party content, is owned by Blackzendo, its affiliates and/or their licensors.

You may not copy or download any Content from a Service unless You are expressly authorized to do so by Blackzendo in writing.  You acknowledge and agree that You shall not reproduce, prepare derivative works based upon, distribute, publicly perform, or transmit any Content for commercial uses unless You obtained the express written consent of an authorized representative of Blackzendo.  For clarification purposes, “derivative works based upon” Services and/or Content are works that are substantially similar, both in ideas and expression, to Services and/or Content.  Therefore, if You or someone else creates a work and it is likely to bring to mind either or both Services (such as a Game) and Content, then it is likely that such work is a derivative work and as such may not be used for commercial purposes.

B. User-Generated Content

Content includes user-generated Content that You contribute, provide, post, upload or otherwise submit to Blackzendo via a Service (“UGC“), provided that the term UGC does not include Game Mods (as defined below). 

UGC includes any photographs, images, video, music and sounds that You contribute, provide, post, upload or otherwise submit to Blackzendo via a Service (collectively, “Your UGC”). 

UGC includes Content contributed, provided, posted, uploaded or otherwise submitted to Blackzendo by any other person using or via the Services.

UGC also includes Content that is not Your UGC, including but is not limited to, Account personas, user names, forum posts, chat posts, customer service chats, communications, or other suggestions, ideas, notes, feedback, concepts or other information concerning the Services, whether generated at Blackzendo’s specific request or despite Blackzendo’s request that You not do so (such as Unsolicited Materials as described in Section 16) (collectively, “Blackzendo Owned UGC”).  Blackzendo Owned UGC also includes all Content (other than Game Mods (as defined below)) that You create or develop using Content provided or made available by Blackzendo, including but not limited to Content that You create or develop that is a derivative work of the Content provided or made available by Blackzendo.  For clarity, Content and materials that are created, developed or accessible within a Game or Service using Content or tools provided by Blackzendo (e.g., Content and material created via an in‑Game editor and accessible only within the Game) are Blackzendo Owned UGC and not Game Mods (as defined below).

For clarity, Blackzendo Owned UGC does not include (i) any Content that You create or develop if such Content or if the creation or development of such Content would constitute a breach of this Agreement or any Supplementary Terms or would violate any law, (ii) any Content that You create or develop without the use of Content provided or made available by Blackzendo or (iii) any Game Mods (as defined below).

Blackzendo does not pre-screen UGC and does not endorse or approve any UGC that You and other users may contribute, provide, post, upload or otherwise submit via the Services.  You are solely responsible for Your UGC and may be held liable for UGC that You contribute, provide, post, upload or otherwise submit.

You may not contribute, provide, post, upload or otherwise submit any UGC that is copyrighted, protected by trade secret law or otherwise subject to third party intellectual property rights, including, but not limited to, privacy and publicity rights, unless You own those rights free and clear or have written permission from their rightful owner to contribute, provide, post, upload or otherwise submit such UGC and to grant or assign the described license and property rights to Blackzendo as described below. 

As between You and Blackzendo, You will be the owner of all of Your UGC (as defined above).  To the fullest extent permitted by law, You hereby expressly grant (or You warrant that the owner of Your UGC has expressly granted) to Blackzendo and its licensors, licensees and designees a perpetual, irrevocable, worldwide, paid-up, non-exclusive, royalty-free, transferable, sublicensable (through multiple tiers of sublicensees) right and license to exercise all rights of any kind or nature associated with Your UGC in all formats and media, whether existing now or in the future, and You agree not to assert or enforce any moral rights or similar rights You may have which may now or may hereafter be recognized, and all ancillary and subsidiary rights, in any languages and media now known or not currently known. 

Unless otherwise prohibited by applicable law or regulation, by contributing, providing, posting, uploading or otherwise submitting Blackzendo Owned UGC or creating Blackzendo Owned UGC, You acknowledge and agree that all such Blackzendo Owned UGC is the sole property of Blackzendo and You hereby assign and agree to assign to Blackzendo all such Blackzendo Owned UGC contributed, provided, posted, uploaded or otherwise submitted by You and such assignment will be effective on the date the Blackzendo Owned UGC is created.  To the extent that Blackzendo cannot claim exclusive ownership rights in such Blackzendo UGC by operation of law or pursuant to the assignment noted above, and to the fullest extent permitted by law, You hereby expressly grant (or You warrant that the owner of such Blackzendo UGC has expressly granted) to Blackzendo and its licensors, licensees and designees a perpetual, irrevocable, worldwide, paid-up, non-exclusive, royalty-free, transferable, sublicensable (through multiple tiers of sublicensees) right and license to exercise all rights of any kind or nature associated with such Blackzendo UGC in all formats and media, whether existing now or in the future, and You agree not to assert or enforce any moral rights or similar rights You may have which may now or may hereafter be recognized, and all ancillary and subsidiary rights, in any languages and media now known or not currently known. 

You further grant each user of the Services a non-exclusive license to access UGC and to use, reproduce, distribute, display and perform such UGC as permitted through the Services, including, but not limited to, Game functionality. 

If so required under applicable law, You will enter into any agreement or undertake any action as deemed necessary by Blackzendo to effect the licenses described above in this Section.

IN ALL CASES of ugc under THIS section 2, EXCEPT AS PROHIBITED BY APPLICABLE LAW AND SUBJECT TO THE STATUTORY OBLIGATIONS (AS DEFINED IN SECTION 1), Blackzendo reserves the right (but has no obligation except as required by law) to REVIEW, remove, block, edit, move or disable UGC for any reason, with or without notice, and HAS no liability of any kind WITH RESPECT TO UGC, including WITHOUT LIMITATION when Blackzendo determines that UGC violates THESE TERMS OF SERVICE.  The decision to remove UGC or other Content at any time is in Blackzendo’s sole and final discretion.  To the maximum extent permitted by law, Blackzendo does not assume any responsibility or liability for UGC or for ITS removal or FOR any failure to or delay in removing, UGC or other Content. 

C. Downloadable Content, Achievements, and Other Virtual Items

Content also includes  Content that is downloaded or downloadable from any website under Blackzendo’s control (“Downloadable Content”), provided that the term Downloadable Content does not include Game Mods (as defined below).  Downloadable Content includes, but is not limited to, licensed rights granted, awarded, and/or provided to You to access and/or use online or off-line elements or features of certain Services as well as Game updates, unlockable Content, digital and/or virtual assets, rights of use tied to unlock keys or codes, serial codes and/or online authentication of any kind, in-game achievements, video trailers, Game screenshots, and/or Game-related wallpapers.  Downloadable Content also includes Virtual Currency, and Virtual Currency is subject to additional terms and restrictions specific to Virtual Currency as set forth below in Section 2(E), which additional terms and restrictions supersede any inconsistent terms and restrictions applicable to Downloadable Content generally.  Downloadable Content may be free, redeemable, and/or purchased, and Blackzendo reserves the right to change the price of Downloadable Content at any time, without notice.  Downloadable Content may only be held in Accounts belonging to legal residents of countries where access to and use of the Services and Downloadable Content are permitted.  Except as granted in a Game’s EULA, Blackzendo hereby grants to You a limited, non-exclusive, personal, non-transferable license to use, view and display Downloadable Content that You have properly downloaded. 

Once You have redeemed Downloadable Content, that Content is not returnable, exchangeable, or refundable for other Content or for cash, other goods or services unless approved by Blackzendo or required by applicable law and subject to the Statutory Obligations (as defined in Section 1); for example, if Blackzendo downloaded the wrong Content to You, You may be entitled to a refund.  Unless otherwise specified by Blackzendo in writing and unless otherwise prohibited by applicable law and subject to the Statutory Obligations (as defined in Section 1), Downloadable Content may expire upon the earlier of (a) the closure of an Account, or (b) the later of one hundred and eighty (180) days past (i) the most recent Account login by You or (ii) the end of Your subscription or membership for the applicable Service if such subscription or membership is not renewed. 

You agree that You have no ownership right or title in or to any such Downloadable Content, including, but not limited to, the virtual goods appearing or originating in the Services (such as a Game) or any other attributes associated with any Account or Services.  Blackzendo does not recognize any purported transfers of virtual property executed outside of the Game, or the purported sale, gift or trade in the “real world” of anything that appears or originates in a Service or a Game.  Accordingly, You may not sell, and You may not assist others in selling, Service(s) or in-Game items for real currency, or exchange those items for value outside of the Services.  Evidence of any attempt to redeem Downloadable Content for a purported exchange, sale, gift or trade in the “real world” will result in the immediate suspension or termination of Your Account.

You acknowledge and agree that all virtual items represent a limited license right for Your personal, private, non-commercial, non-transferable, and limited use governed by these Terms of Service and are not redeemable for any sum of money or monetary value from Blackzendo at any time.  Blackzendo reserves the right to refuse Your request(s) to acquire Downloadable Content, and reserves the right to limit or block any request to acquire Downloadable Content for any or no reason.

D. Game Mods

Content also includes Game Mods.  The term “Game Mod” means downloadable, user-generated Content developed or created by You or a third party using an Editor Tool (as defined below).  In certain cases, as determined by Blackzendo, Game Mods may be made available to other users of a Service or a Game and in such cases, such other users may download the Game Mods from Blackzendo or third parties and use such Game Mods in connection with playing a Game or receiving a Service from Blackzendo. 

If You desire to develop or create one or more Game Mods, then You will be required to download from a Blackzendo website or otherwise gain access to via a Blackzendo website one or more software tools through which You may create or develop Game Mods (each such tool is an “Editor Tool”).  To obtain a copy of or get access to any such Editor Tool, You will be required to agree to the terms of a separate EULA (the “Editor EULA”).  If there is a conflict between the terms and conditions in any such Editor EULA and the terms and conditions in these Terms of Service, the terms in the Editor EULA will control over the conflicting terms in these Terms of Service but solely for purpose of the specific Editor Tool and not for any other purpose.  Please review the terms in the Editor EULA carefully.

With respect to Game Mods made available for download from a Blackzendo website or made available from a Blackzendo server, Blackzendo may, at any time and in its sole discretion, elect to remove such Game Mods from the Blackzendo website(s) or server(s) without notice to You. 

Each Game Mod is owned by the developer of the Game Mod, subject to the licenses granted by the developer to Blackzendo as set forth in the Editor EULA.

Blackzendo may, but is not required under this Agreement to, validate, test, evaluate or pre-screen Game Mods. 

Blackzendo does not endorse, sponsor, guaranty or approve any Game Mods, including without limitation Game Mods available for download from a Blackzendo website. 

Your experience with any particular Game Mod may vary from other users’ experiences. 

IF YOU ELECT TO INSTALL, DOWNLOAD OR USE ANY GAME MODS, YOU DO SO AT YOUR OWN RISK. 

EXCEPT AS PROHIBITED BY APPLICABLE LAW AND SUBJECT TO THE STATUTORY OBLIGATIONS (AS DEFINED IN SECTION 1), Blackzendo reserves the right (but has no obligation except as required by law) to OFFER, make available, REVIEW, remove, block, edit, move or disable GAME MODs for any reason, with or without notice, and HAS no liability of any kind WITH RESPECT TO GAME MODs, including WITHOUT LIMITATION when Blackzendo determines that a GAME MOD violates THESE TERMS OF SERVICE, the EDITOR EULA.  The decision to remove a GAME MOD at any time is in Blackzendo’s sole and final discretion. 

To the maximum extent permitted by law, Blackzendo does not assume any responsibility or liability for GAME MODs or for the removal of any GAME MODs FOR any failure to or delay in removing, any GAME MOD.

E. Virtual Currency 

The Services may make use of one or more virtual currencies, either within a single Service, such as a Game, or for use across multiple Services (“Virtual Currency”).  The following terms govern the use of Virtual Currency in connection with the Blackzendo Services.  Additional Virtual Currency-related terms may be contained in the EULA for a particular Game and, where there is a conflict between such terms and this Section 2(E), the Virtual Currency-related terms in the EULA shall govern.

Virtual Currency may be obtained in one or more ways depending on the type of Virtual Currency and the Service or Services associated with that Virtual Currency, including without limitation Virtual Currency that may be obtained through purchase with real currency, in-Game actions or achievements, as a part of membership benefits, or otherwise.  Blackzendo may, from time to time and in its sole discretion, grant Virtual Currency to Users of one or more Services as a gesture of goodwill or in connection with promotions, memberships, competitions, or sweepstakes organized by Blackzendo.  All Virtual Currency that is purchased with real currency, either alone or together with other Services or access to Services (including without limitation payment for memberships), shall be referred to as “Purchased Virtual Currency.”  All Virtual Currency that is not Purchased Virtual Currency shall be referred to as “Complimentary Virtual Currency.”

Regardless of the method by which You obtain a Virtual Currency and subject only to the Statutory Obligations (as defined in Section 1), it has no value in real currency, and is not transferable to any other person, or returnable, exchangeable, or refundable for real currency, goods, or services.  By purchasing or otherwise obtaining Virtual Currency, you acknowledge and agree that all Virtual Currencies represent a limited, non-exclusive, non-transferable license for Your personal, private, non-commercial use of Blackzendo Services governed by these Terms of Service.  Because it is a license, Virtual Currency is not property in which You have any ownership right, title, or other interest.  Any Virtual Currency balance shown in Your Account does not constitute a real currency balance or reflect any monetary value.

Blackzendo reserves the right to change the price for any Purchased Virtual Currency or to bundle Purchased Virtual Currency in any amount with other Services or access to other Services at any time and without providing notice to You.  You will have no right to a refund as a result of any change in the price or bundling at which Purchase Virtual Currency can be obtained, subject only to the Statutory Obligations (as defined in Section 1).  In the case of Complimentary Virtual Currency, Blackzendo reserves the right to change or limit the amount of Complimentary Virtual Currency granted as part of any ongoing or continuous promotion, to discontinue any promotion or to bundle Complimentary Virtual Currency in any amount with other Services or access to other Services at any time and without providing notice to You.

Virtual Currency is not transferable to, or redeemable for, any sum of real currency or monetary value from Blackzendo or any other person at any time.  Blackzendo prohibits, and does not recognize any purported, transfers, sales, gifts, or trades of Virtual Currency.  Virtual Currency will only be used by You to obtain virtual goods within a Game (e.g., durable goods that become part of Your inventory in the Game and consumable or single use items that are used and expire after use within the Game) or other Downloadable Content, through one or more Services, as determined by Blackzendo in its sole discretion.  You agree not to sell or transfer, or assist others in selling or transferring Virtual Currencies or any amounts thereof.  Evidence of any attempt to use, sell or transfer Virtual Currency in any manner that violates these Terms of Service may result in revocation, termination, or cancellation of the Virtual Currency and/or Your use of the Services without refund and/or immediate suspension or termination of Your Account.

3.      Limited License to Use

Subject to the terms in these Terms of Service and Your compliance with all of the terms and conditions in these Terms of Service, Blackzendo grants to You, for Your personal and private use only, a non-exclusive, revocable, nontransferable license to use Services (including any Content which is made available by Blackzendo (including but not limited to Game Mods that You download from a Blackzendo website) as a part of a Service and then solely in connection with such Service) as set forth in these Terms of Service. 

You may not (a) distribute, publicly perform or display, sell, transmit, publish, edit, reproduce, sublicense, rent, lease, loan or otherwise transfer any Game, Software, and/or Content, including without limitation any access keys; (b) modify, adapt, reverse engineer or decompile the Software, or otherwise attempt to derive source code from the Software; (c) create any derivative works based upon any Services; (d) otherwise use any Services except as expressly provided in these Terms of Service; (e) copy or download any Software or Content unless the Content is a Game Mod available for download from a Blackzendo website or is Downloadable Content (other than Virtual Currency) or You are otherwise expressly authorized to do so in writing by Blackzendo; and/or (f) remove, obscure, or alter copyright, patent, trademark, or other proprietary rights notices affixed to any Services.  Any commercial use is prohibited absent written permission by an authorized representative of Blackzendo. 

Blackzendo actively enforces its intellectual property rights to the fullest extent of the law.  If You are found to engage or facilitate the engagement of infringing and/or illegal activity, including, but not limited to, making unauthorized copies and/or distributing Services, Blackzendo may in its sole discretion restrict, suspend, or terminate Your Account or Your access to some or any Services, and/or pursue further legal action against You.  Please note that these activities may constitute civil wrongs and/or criminal offenses and Blackzendo reserves the right to take such action as appropriate in the circumstances.  You agree to reimburse Blackzendo for any liabilities, damages, losses, costs and expenses incurred by or suffered by Blackzendo arising from or related to any attempted or actual unauthorized or illegal conduct by You, or through the use of Your Account as more particularly described in Section 13.

Blackzendo reserves title to the Services and all rights to any Services not specifically granted under these Terms of Service, including without limitation all rights of reproduction, modification, distribution, display, disassembly and decompilation and all copyright, patent, trademark, trade secret, and other proprietary rights and interests. Your use of Services is subject to the intellectual property rights of Blackzendo and except for the express licenses granted in the first paragraph of this Section 3, Blackzendo does not grant You any licenses or rights to patents or other intellectual property.  Content, Software and Games are licensed, not sold, to You.

All Services and all intellectual property rights in the Services are owned by Blackzendo or its licensors and are protected by United States, other jurisdictions, and international copyright, trade dress, patent, and trademark laws, international conventions, and other laws protecting intellectual property and related proprietary rights.

With the exception of the first paragraph of this Section 3, this Section 3 shall survive the termination of these Terms of Service.

Blackzendo may, in its discretion, make available to You one or more application programming interfaces and associated documentation (each an “API”) to allow You to create, download, enable, use, or associate Content (excluding Game Mods), that modifies or otherwise provides enhanced features to the user interface (“Add-ons”) for a Game.  The API and Add-ons are Software for purposes of these Terms of Service and are subject to these Terms of Service and the Supplemental Terms applicable to the API and the Add-Ons.  Notwithstanding anything to the contrary in these Terms of Service, if the Supplemental Terms for an API or Add-on directly conflict with specific terms and conditions in these Terms of Service or any other Supplemental Terms, the Supplemental Terms for an API or Add-on will control, but solely for purpose of the specific API and Add-on and not for any other purpose.  

4.      Beta Tests

In its sole discretion, Blackzendo may contact You to review and evaluate, or playtest, one or more Games, aspects of Games, or online features prior to commercial release for the purpose of identifying program errors and obtaining feedback.  You will be asked to provide to Blackzendo certain feedback and suggestions regarding Your evaluation of the Game(s) or feature(s).  Your participation is subject to these Terms of Service and other applicable Supplemental Terms, such as a beta testing agreement and a non-disclosure agreement.

By accepting our invitation and playtesting the Game and/or features, You also agree that to the extent permitted by law: (i) playing an unreleased Game is at Your own risk and You understand that the Game and/or Game features may include known or unknown bugs, (ii) any value or status indicators that You achieve through any playtest may be erased at any time, including, but not limited to, upon commercial release; and (iii) Blackzendo has no obligation to make these Games or features available, or available without charge or to fix errors or bugs identified by You. 

Beta Test accounts are non-transferable under any circumstances.

5.      Paid Services

Some Services require payment of a fee.  You must have an Account and pay the applicable fees to participate in those Services.  For information about subscription fees, membership fees and other fees for particular Services, visit Your particular Service’s product page or Customer Services at blackzendo.com

FEES ARE PAYABLE IN ADVANCE AND, EXCEPT AS OTHERWISE REQUIRED BY APPLICABLE LAW AND SUBJECT TO THE STATUTORY OBLIGATIONS (AS DEFINED IN SECTION 1), ARE NOT REFUNDABLE IN WHOLE OR IN PART.

Blackzendo reserves the right to change the fees or billing methods at any time upon notice to You through Your Account.  If You pay a periodic (e.g., monthly) subscription or membership fee for a Service, Blackzendo will provide You with at least thirty (30) days advance notice of any such changes.  Your continued use of the Service thirty (30) days or more after Blackzendo provides such notice of the changes means that You accept such changes.  If any change is unacceptable to You, You may cancel Your subscription or membership at any time with such termination being effective at the end of the then-current subscription or membership period for which You previously paid, but Blackzendo will not refund any fees or prorate fees for any subscription or membership except as prohibited by applicable law and subject to the Statutory Obligations (as defined in Section 1).   

If Your use of the Services is subject to applicable governmental charges (including but not limited to sales tax, value added tax (VAT), goods and service tax (GST) or other taxes), then You must pay for those charges.  Your total price may include such governmental charges or such governmental charges may be separately identified from Your Paid Service(s) fees as shown during the payment process.  Failure to invoice You for any such charges does not relieve You of the liability to pay such charges.

As the Account holder, You are responsible for all charges incurred on Your Account, including, but not limited to, applicable taxes, and all purchases made by You or anyone that uses Your Account, including, but not limited to, Your family or friends.

A. Payment Options for Your Services.

    1. Subscribers/Members in North America, South America, or Asia (including Australia and New Zealand but excluding India).  If You reside in North America, South America, or Asia (including Australia and New Zealand but excluding India) and purchase Services from Blackzendo, then You must pay fees using the payment methods made available by Blackzendo for the particular Service (the “Payment Methods”) and You agree to the terms and conditions applicable to each Payment Method You choose.  Payment Methods may vary by Service and the terms of Your subscription or membership will be in Your Account details.  When You provide credit card or other Payment Method information to Blackzendo, You represent to Blackzendo that You are the authorized user of the credit card or other Payment Method.  You must provide current, complete, and accurate information for Your billing account.  You must promptly update all information to keep Your billing account current, complete, and accurate (such as a change in billing address, credit card number, or credit card expiration date), and You must promptly notify Blackzendo if Your credit card or other Payment Method is canceled (for example, for loss, theft, or expiration).

      Some Payment Methods require or permit you to choose automatic renewal of Your subscription or membership.  In such cases, You are agreeing to permit Blackzendo to automatically charge Your credit card, bank card, debit card or other Payment Method associated with Your Account for an automatic renewal of Your current subscription or membership preferences to the applicable Service.  You may cancel Your subscription or membership at any time with the termination being effective at the end of the then-current subscription or membership period by revising Your selection in Your Accounts page, or contacting Customer Services at blackzendo.com.  In order to sign up for automatic renewal, You must keep a valid credit card number or other Payment Method number or information associated with Your Account.  Your subscription and membership will automatically renew on the expiration date of the then-current subscription or membership term that You previously subscribed to or were a member of, at a fee no greater than Blackzendo’s then-current price at the time of renewal, excluding any promotional and discount pricing, unless You cancel Your subscription or membership.  To the extent permitted by applicable law, if You have subscribed or registered for or requested an automatic subscription or membership renewal, You agree that Blackzendo may charge you or may continue charging You on an automatic recurring basis for Your current subscription or membership preferences unless You cancel Your subscription or membership at least thirty (30) days prior to the expiration of the subscription or membership.  If You have subscribed for an automatic subscription or membership renewal but do not have a valid credit card and/or other valid Payment Method information on file and Your subscription or membership expires, You will not be able to receive the benefits associated with the subscription (e.g., resume Game play or any paid Services usage) or membership benefits without updating Your Payment Method information.  Blackzendo reserves the right to utilize third party credit card updating services to obtain current expiration dates on credit cards provided by You to Blackzendo.  Customers who use a third party Payment Method may incur additional payment processing fees charged by such third party to its customers, and may not be able to automatically renew subscriptions or memberships. 

    2. All Other Subscribers/Members of All Territories Not Specified Above.   If You reside outside North America, South America, or Asia (including Australia and New Zealand but excluding India) and purchase Services from Blackzendo, then You must pay fees using the payment methods made available by Blackzendo for the particular Service (the “Payment Methods”), and You agree to the terms and conditions applicable to each Payment Method You choose.  Payment Methods may vary by Service and the terms of Your subscription or membership will be in Your Account details.  When You provide credit card or other Payment Method information to Blackzendo, You represent to Blackzendo that You are the authorized user of the credit card or other Payment Method.  You must provide current, complete, and accurate information for Your billing account.  You must promptly update all information to keep Your billing account current, complete, and accurate (such as a change in billing address, credit card number, or credit card expiration date), and You must promptly notify Blackzendo if Your credit card or other Payment Method is canceled (for example, for loss, theft, or expiration).  Changes to Your Payment Method information can be made by contacting Customer Services at Blackzendo.com

      You may choose automatic renewal of Your subscription or membership.  If You choose this option, You have agreed to permit Blackzendo to automatically charge Your credit card or other Payment Method associated with Your Account for an automatic renewal of Your current subscription or membership preferences to the applicable Service.  You may cancel Your subscription or membership at any time with the termination being effective at the end of the then-current subscription or membership period by revising Your selection in Your Accounts page, or contacting Customer Services at blackzendo.com.  In order to sign up for automatic renewal, You must keep a valid credit card number or other Payment Method number or information associated with Your Account.  Your subscription or membership will automatically renew on the expiration date of the then-current subscription or membership term You previously subscribed to at a fee no greater than Blackzendo’s then-current price at the time of renewal, excluding any promotional and discount pricing, unless You cancel Your subscription or membership.  If You have subscribed for or requested an automatic subscription or membership renewal, You agree that Blackzendo may continue charging You on an automatic recurring basis for Your current subscription or membership preferences unless You cancel Your subscription or membership at least thirty (30) days prior to the expiration of the subscription or membership.  If You have subscribed for or requested an automatic subscription or membership renewal but do not have a valid credit card and/or other valid Payment Method information on file and Your subscription or membership expires, You will not be able to receive the benefits of the subscription (e.g., resume Game play or any paid Services usage) or membership without updating Your Payment Method information.  Blackzendo reserves the right to utilize third party credit card updating services to obtain current expiration dates on credit cards provided by You to Blackzendo.  Customers who use a third party Payment Method may incur additional payment processing fees charged by such third party to its customers, and may not be able to automatically renew subscriptions or memberships. 

B. Digital and In-Game Merchandise and Merchandise Purchases.

In addition to the above, the following terms apply to pricing of and payment for any digital goods and in-game consumables (“booster packs”, digital goods outside of any Game (such as a wallpaper, or a character outfit), and digital downloads of other products) (collectively, “Merchandise”).  Unless otherwise noted, any Merchandise You purchase is immediately downloaded and will be applied to Your Account or Game(s) upon purchase.  The prices for Merchandise displayed for such items are subject to change at any time without notice. 

C. Early Game(s) Access/Trial Subscriptions.

For some Services, Blackzendo may offer You early access to a Game and/or a trial subscription or membership.  Such Services may require You to sign up for an Account and/or a subscription or membership under the terms described above.  If You accept a free trial subscription or membership for a Game that requires a subscription, and the trial period expires, You will not be able receive the benefits of the subscription (e.g., to resume Game play or any paid Services usage) or membership without updating Your information and/or purchasing the paid subscription or membership Services. Blackzendo is under no obligation to notify You in advance of the free trial subscription or membership expiring and You will be responsible for all charges incurred.  Trial subscriptions and memberships are not transferable.

6.      Availability of Services and Content; Game Maintenance, Patches, Updates; Termination of Services

Blackzendo does not guarantee that any Services will be available at all times, in all countries and/or all geographic locations, at any given time, or that Blackzendo will continue to offer any particular Services for any particular length of time. Except as prohibited by applicable law and subject to the Statutory Obligations (as defined in Section 1), Blackzendo reserves the right to change and update Content without notice to You. Blackzendo also reserves the right to refuse Your request(s) to acquire Content, and to limit or block any request to acquire Content, including, but not limited to, Downloadable Content and Game Mods, for any reason. 

Blackzendo may patch, update, or modify a Service at any time with or without notice to You.  Notwithstanding the foregoing, Blackzendo has no obligation to make available any patches, updates or modifications or correct any errors or defects in the Services. Blackzendo makes no guarantees about the persistence or availability of any user names or other personas at any time and assumes no liability for lost or deleted Account data.  Except as prohibited by applicable law and subject to the Statutory Obligations (as defined in Section 1), You agree that Blackzendo will not be liable for any interruption of the Services, delay or failure to perform, any loss of Content (including, but not limited to, UGC, Game Mods and Downloadable Content), and/or Account data (including, but not limited to, Character data) resulting from any causes whatsoever. Blackzendo reserves the right to offer new Services, change and/or discontinue certain Services at any time in its sole discretion.

Except as prohibited by applicable law and subject to the Statutory Obligations (as defined in Section 1), Blackzendo may restrict, suspend, or terminate Your access to some or any Services at any time.  Should Blackzendo make a material change to the Services, it will provide You notice within the time period specified when You joined the particular Service, or if no time period for notice of material changes was specified, then within thirty (30) days of the date such notice is either (at Blackzendo’s discretion) provided to You via email or is posted on the applicable product or Blackzendo Service or on Your “My Account” section.

In response to a violation of these Terms of Service, Blackzendo may issue You a warning, suspend or restrict certain features of Your Account (including, but not limited to, user names), selectively modify or remove or revoke Downloadable Content at an Account and/or device level, immediately terminate any and all Accounts that You have established and/or temporarily or permanently ban Your Account, device, and/or machine from accessing all or certain Services. 

Blackzendo may terminate Your access to and/or use of the Services (i) for violating these Terms of Service, (ii) if Blackzendo, in its sole discretion, deems that Your information is untrue, inaccurate, not complete or incomplete; (iii) if Your use of such Services infringes on or is suspected of infringing on another’s rights or any intellectual property; (iv) if You or Your Account reflects inappropriate Content and/or violates these Terms of Service.  Any and all Content (including, but not limited to, Software, Content, and Downloadable Content) will be considered forfeit immediately in the event of any cancellation, closure, or termination of Your Account by Blackzendo.

If Blackzendo terminates an Account, it may terminate other Accounts that share the same characteristics, such as the name on the Account, email address, mailing address, Internet Protocol address, or credit card number or other Payment Method. Blackzendo reserves the right to use any means necessary and permitted under applicable law to identify and terminate Accounts. 

You acknowledge that in such circumstances, Blackzendo is not required to provide You notice before taking action to restrict, suspend or terminate Your access to or use of Services, and/or Your Account.  If Blackzendo terminates Your Account, You may not use any Service again without Blackzendo’s express written permission. Blackzendo reserves the right to refuse to keep Accounts for, and provide Services to, any individual.  You may not allow individuals whose Accounts have been terminated by Blackzendo to use Your Account.

If Your Account, or a particular subscription or membership for a Service associated with Your Account, is terminated or suspended and/or if any Downloadable Content is selectively removed, revoked or garnished from Your Account and/or if Your device is temporarily or permanently banned from accessing some or all of the Services, no refund will be granted, no Downloadable Content will be credited to You or converted to cash or other forms of reimbursement, and You will have no further access to Your Account or Downloadable Content associated with Your Account or the particular Service except where any action has been taken against Your Account or device in error and subject to the Statutory Obligations (as defined in Section 1).  If You believe that any action has been taken against Your Account or device in error, please contact Customer Services at blackzendo.com.  

7.      Your Right to Cancel Your Account

You have the right to cancel Your Account or a particular subscription or membership to a Service at any time.  Additional cancellation terms in respect of a particular subscription or membership may be specified when You subscribe, in Your Account information, or in notices for subscription or membership renewals.  Generally, when You cancel a subscription or membership the cancellation will be effective at the end of Your then-current subscription or membership period.

Contact Blackzendo’s Customer Service at blackzendo.com to cancel Your Account or any subscription or membership to a Service. 

Blackzendo reserves the right to collect fees, applicable governmental charges (including sales tax, value added tax (VAT), goods and service tax (GST) and other taxes), or costs incurred before You cancel Your Account or a subscription or membership to a Service.  You are also responsible for any amounts owed to third-party vendors or Content providers before Your cancellation.  Any delinquent or unpaid fees and other unresolved issues must be settled before You establish a new Account.

8.      Rules of Conduct

Except as prohibited by applicable law and subject to the Statutory Obligations (as defined in Section 1), Blackzendo has the right, in its sole discretion, to modify, restrict, suspend, or terminate Your access to the Services.  As noted above, this could result because (i) Your information is untrue, inaccurate, not complete or incomplete; (ii) Your activities infringe on or are suspected to infringe on another’s rights or any intellectual property; (iii) Blackzendo in its sole discretion determined that You or Your Account reflects inappropriate Content; or (iv) You or activities taken under or with Your Account violate these Terms of Service.  Other Supplemental Terms pertaining to Your Service and/or Game, such as a Code of Conduct, provide guidance on behavior that Blackzendo deems to be inappropriate and specify restrictions on Your Account, Your use of the Game, or Your participation in the Services.

You agree not to use any Service to:

      • Take any action or upload, post, transmit, promote, or distribute any illegal Content, including, but not limited to, any UGC or any Game Mods;
      • Take any action or upload, post, transmit, promote, or distribute any Content that infringes or violates any third party rights;
      • Engage in, take any action associated with, or participate in any type of child solicitation, grooming behavior, pedophilia, or predatory behavior in any form. 
      • Harass, stalk, threaten, embarrass, spam or do anything else to another user of any Services that is unwanted, such as repeatedly sending unwanted messages or making personal attacks or statements about race, sexual orientation, religion, heritage, etc.;
      • Take any action or upload, post, transmit, distribute, or communicate Your or any person’s real-world personal information;
      • Impersonate any person or entity, including, but not limited to, Blackzendo, Blackzendo’s partners’ or affiliates’ employees, or falsely state or otherwise misrepresent Your affiliation with a person or entity;
      • Take any action, organize, transmit any Content, effectuate or participate in any activity, group, or guild that is harmful, tortuous, abusive, hateful (including “hate speech”), racially, ethnically, religiously or otherwise offensive, obscene, threatening, bullying, vulgar, sexually explicit, defamatory, libelous, infringing, invasive of personal privacy or publicity rights, encourages conduct that would violate a law or is, in a reasonable person’s view, objectionable and/or deemed to be in the sole discretion of Blackzendo inappropriate; 
      • Promote, upload, transmit, encourage or take part in any activity involving hacking, cracking, phishing, taking advantage of exploits or cheats and/or distribution of counterfeit software and/or Virtual Currency or virtual items.  In an effort to continuously improve the Services, You and other players discovering exploits, cheats, cracks or other inconsistencies are required to report them to Blackzendo;
      • Take any action or upload, post, transmit, promote, or distribute any Content or software code that may contain a Trojan horse, virus, worm, spyware, time bombs, cancelbots, corrupted data, malware, malicious code, or other computer programs that may damage, interfere with, intercept, expropriate or disrupt the Services, including, but not limited to, any Game(s), personal information, or confidential or proprietary information;
      • Take any action that permits You to collect personally identifiable information, personal information, or aggregated and/or anonymized statistics of others;
      • Engage in disruptive behavior in chat areas, game areas, forums, or any other area or aspect of the Services.  Examples of disruptive behavior include, but are not limited to, conduct which interferes with the normal flow of gameplay or dialogue within a Service, vulgar language, abusiveness, hitting the return key repeatedly or inputting large images so the screen goes by too fast to read, use of excessive shouting [i.e., all text in capitals] in an attempt to disturb other users, “spamming” or flooding [i.e., posting repetitive text], commercial postings, solicitations and advertisements, posting advertising or promotional messaging, chain letters, pyramid schemes, or other commercial activities.
      • Attempt to get a password, Account information, or other private information from anyone else.  As a reminder, Blackzendo employees will never ask You to reveal Your password.

Blackzendo may report certain incidents to law enforcement and other authorities, including, but not limited to, disclosing Account information, in the good faith belief that it is required to do so by law, or that doing so is reasonably necessary to comply with legal processes; when it deems it necessary or appropriate to disclose certain information to law enforcement and other authorities, such as to investigate actual or suspected fraud or violations of law, breaches of security, or breaches of these Terms of Service and/or Supplementary Terms; to respond to any claims; or to protect the rights, property, or personal safety of Blackzendo, its customers, or the public. 

Unless otherwise specified, there is no requirement or expectation that Blackzendo will monitor or record any online activity on the Services. Blackzendo reserves the right, but is under no obligation to monitor communications within, through or across the Services, such as in-Game or on forums. Blackzendo also reserves the right to access and/or record any online activity on the Services, and You give Blackzendo Your express consent to access and record Your activities.  This includes, but is not limited to, Your consent to access, record, and turn over any online activity where Blackzendo believes that disclosure is necessary to comply with the law, to combat fraud and/or to comply with a judicial proceeding, court order, or legal process served on Blackzendo or to comply with an order from a government entity or other competent authority, or when Blackzendo has reason to believe that a disclosure is necessary to address potential or actual injury or interference with Blackzendo’s, Your, or another user’s rights, property, or operations, or to protect others who may be harmed or may suffer loss or damage.

You agree that in its sole discretion and without notice, Blackzendo may remove Content from any Service, take whatever steps it deems necessary to abridge or prevent behavior of any sort in Services, including, but not limited to, in any Game(s).  Subject to the Statutory Obligations (as defined in Section 1), Blackzendo has no liability for Your or any third party’s violation of these Terms of Service.

If You encounter another user who is violating a code of conduct, please report this activity to Blackzendo by contacting Blackzendo Customer Service at blackzendo.com. If You are in-Game, You can report an issue using an in-Game help feature where applicable or You may contact Customer Service directly at  a p p s e r v i c e [at] b l a c k zendo.com. 

9.      Your Use of the Services

You further agree not to access, create, or provide any other means through which the Services, including, but not limited to, any Game(s), may be used or accessed by others, such as through server emulators.

You may not participate, take part in, initiate, or engage in actions that impose an unreasonable or disproportionate load on the infrastructure hosting the Game(s) and/or Services.

You agree not to use any hardware or software or any other method of support that is not authorized by Blackzendo or that may in any way influence or advantage Your playing abilities, or influence or advantage Your use of the Services.  Third party tools, the use of ‘bots’, “speed hacks”, “deep-link”, “page-scrape”, “robot”, “spider”, algorithm or other programs that copy or monitor any part of the Services (including, but not limited to, the Game(s) and/or forums), software that transmits, manipulates, or distributes (including, but are limited to, “mirroring”) the data stream or any aspect of the Services to another computer, server websites or other publication or distribution media, or software that permits You to use Services without human input  are examples of methods not authorized by Blackzendo.

You acknowledge that You do not have the right to create, publish, distribute, create derivative works from or use any software programs, utilities, applications, emulators or tools derived from or created for certain Content (such as Game(s)), except as authorized in writing by an authorized Blackzendo representative.  You may use the Software to the extent expressly permitted by these Terms of Service and the EULA.

Please note that aNY violation of these terms of service may constitute civil wrongs and/or criminal offenses and Blackzendo reserves the right to take such action as Blackzendo in its sole discretion deems appropriate in the circumstances. 

Blackzendo in its sole discretion may implement various forms of filtering, blocking, or monitoring of IP addresses, MAC addresses or proxies used to use, play or access the Services, including without limitation blocking or filtering measures that restrict Your ability to use, play or access the Services. Blackzendo in its sole discretion may restrict access or certain features or Services to any person, territories or geographic areas.

10.  Third Party Sites and Products

Services may be linked to unaffiliated third-party websites or applications, such as social networking, blogging and other third-party websites (collectively, “Third-Party Sites”).  Some of these Third-Party Sites permit You to log in using their existing account and credentials.  Certain Services may allow You to interact and/or conduct transactions with such Third-Party Sites, and, if applicable, allow You to configure Your privacy settings in Your Third-Party Site account to permit Your activities in connection with the Services to be shared with Your contacts in Your Third-Party Site account.  In certain situations, You may be transferred to a Third Party Site through a link but it may appear that You are still using the Services.  These Third Party Sites might require You to comply with the terms and conditions, user’s guides and privacy policies of such Third Party Sites. 

Some of these web sites may charge separate fees, which are not included in any subscription, membership or other fees that You may pay under these Terms of Service.  Any separate charges or obligations that You incur in Your dealings with third parties and Third Party Sites are Your responsibility and may subject You to additional or different terms and restrictions. You are always responsible for any internet service provider, telephone, wireless and other connection fees that You may incur when using any Services. 

Blackzendo provides access to the Third Party Sites to You as a convenience, and Blackzendo does not verify, make any representations or warranties or take responsibility for any such Third Party Sites. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW AND SUBJECT TO THE STATUTORY OBLIGATIONS (AS DEFINED IN SECTION 1), YOU AGREE THAT BLACKZENDO SHALL NOT, UNDER ANY CIRCUMSTANCES, BE RESPONSIBLE OR LIABLE, DIRECTLY OR INDIRECTLY, FOR ANY GOODS, SERVICES, INFORMATION, RESOURCES AND/OR CONTENT AVAILABLE ON OR THROUGH ANY THIRD PARTY SITES AND/OR THIRD-PARTY DEALINGS OR COMMUNICATIONS, OR FOR ANY HARM RELATED THERETO, OR FOR ANY DAMAGES OR LOSS CAUSED OR ALLEGED TO BE CAUSED BY OR IN CONNECTION WITH YOUR USE OR RELIANCE ON THE CONTENT OR BUSINESS PRACTICES OF ANY THIRD PARTY.  BLACKZENDO DOES NOT ENDORSE, WARRANT OR GUARANTEE ANY THIRD PARTY SITES OR ANY GOODS, SERVICES, INFORMATION, RESOURCES AND/OR CONTENT OFFERED BY THIRD PARTIES THROUGH BLACKZENDO OR ANY THIRD PARTY SITES AND WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND ANY PROVIDERS OF THIRD PARTY SITES OR GOODS, SERVICES, INFORMATION, RESOURCES AND/OR CONTENT OF THIRD-PARTIES. 

This Section 10 shall survive the termination of these Terms of Service.

11.  Disclaimer of Warranty

TO THE EXTENT PERMITTED BY APPLICABLE LAW AND SUBJECT TO THE STATUTORY OBLIGATIONS (AS DEFINED IN SECTION 1), BLACKZENDO, ITS LICENSORS AND RESELLERS DO NOT MAKE ANY REPRESENTATIONS, WARRANTIES OR GUARANTEES TO YOU REGARDING ANY SERVICE, INCLUDING, BUT NOT LIMITED TO, THE QUALITY, FUNCTIONALITY, AVAILABILITY, ACCESSIBILITY OR PERFORMANCE OF A SERVICE.  EACH SERVICE IS PROVIDED TO YOU ON AN “AS IS” AND “AS AVAILABLE” BASIS. 

IF YOU ARE NOT SATISFIED WITH THE QUALITY, FUNCTIONALITY, AVAILABILITY, ACCESSIBILITY OR PERFORMANCE OF A SERVICE, YOU MAY CANCEL YOUR ACCOUNT OR YOUR SUBSCRIPTION OR MEMBERSHIP TO THE SERVICE.  AS NOTED IN THESE TERMS OF SERVICE, WHEN YOU CANCEL YOUR ACCOUNT OR SUBSCRIPTION OR MEMBERSHIP TO A SERVICE YOU WILL NOT BE ENTITLED TO RECEIVE A REFUND OF THE FEES FOR THAT SERVICE UNLESS APPLICABLE LAW SUBJECT TO THE STATUTORY OBLIGATIONS (AS DEFINED IN SECTION 1) REQUIRES A REFUND BE GIVEN.

IN SOME COUNTRIES, INCLUDING THE EEA, SWITZERLAND, RUSSIA, AUSTRALIA AND NEW ZEALAND, CERTAIN WARRANTIES MAY AUTOMATICALLY ARISE OR APPLY UNLESS THESE WARRANTIES ARE DISCLAIMED.  SUBJECT TO THE STATUTORY OBLIGATIONS (AS DEFINED IN SECTION 1), BLACKZENDO AND ITS LICENSORS DISCLAIM AND EXCLUDE ALL SUCH WARRANTIES EITHER EXPRESS, IMPLIED OR STATUTORY, IF AND TO THE EXTENT PERMITTED BY LAW, INCLUDING WITHOUT LIMITATION THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT OF THIRD-PARTY RIGHTS WITH RESPECT TO ALL SERVICES AND ALL IMPLIED WARRANTIES THAT ARISE FROM COURSE OF DEALING OR USAGE OF TRADE. 

THE FOLLOWING PROVISIONS OF THIS SECTION 11 ONLY APPLY TO THE EXTENT THEY ARE NOT CONTRARY TO THE STATUTORY OBLIGATIONS (AS DEFINED IN SECTION 1).

NO WARRANTY IS GIVEN ABOUT THE QUALITY, FUNCTIONALITY, AVAILABILITY OR PERFORMANCE OF THE SERVICES.   BLACKZENDO DOES NOT ASSUME LIABILITY FOR ANY INABILITY BY YOU TO ACCESS OR USE ANY SERVICES.  BLACKZENDO DOES NOT GUARANTEE THAT YOU WILL BE ABLE TO ACCESS OR USE SERVICES AT TIMES OR LOCATIONS OF YOUR CHOOSING, OR THAT BLACKZENDO WILL HAVE ADEQUATE CAPACITY FOR SERVICES AS A WHOLE OR IN ANY SPECIFIC GEOGRAPHIC AREA. 

IN STATES OR JURISDICTIONS THAT PROHIBIT THE DISCLAIMER OF IMPLIED WARRANTIES OR THE EXCLUSION OF CERTAIN WARRANTIES, BLACKZENDO SHALL DISCLAIM AND EXCLUDE WARRANTIES TO THE MAXIMUM EXTENT PERMITTED BY LAW AND THE DURATION OF ANY SUCH WARRANTY THAT MAY NOT BE DISCLAIMED SHALL BE FOR THE SHORTEST DURATION PERMITTED BY APPLICABLE LAW.

THIS SECTION 11 SHALL SURVIVE THE TERMINATION OF THESE TERMS OF SERVICE .

12.  Limitation of Liability; Limited Remedies

A. General Information.  THE LAWS IN MANY JURISDICTIONS ALLOW BLACKZENDO TO LIMIT ITS LIABILITY FOR DAMAGES.  THIS SECTION LIMITS THE LIABILITY OF BLACKZENDO, ITS LICENSORS AND RESELLERS.  HOWEVER, THIS SECTION 12 ONLY APPLIES TO THE EXTENT PERMITTED BY APPLICABLE LAW.  IF APPLICABLE LAW DOES NOT ALLOW BLACKZENDO, ITS LICENSORS AND RESELLERS TO LIMIT ITS/THEIR LIABILITY IN CERTAIN CIRCUMSTANCES, THEN THE LIMITATIONS IN THIS SECTION WILL NOT APPLY TO THOSE CIRCUMSTANCES. 

IF YOU ARE RESIDENT IN THE EEA, SWITZERLAND, RUSSIA, AUSTRALIA OR NEW ZEALAND, THE FOLLOWING PROVISIONS OF THIS SECTION 12 ONLY APPLY TO THE EXTENT THEY ARE NOT CONTRARY TO THE STATUTORY OBLIGATIONS (AS DEFINED IN SECTION 1).

B. Limited Remedy.  YOU AGREE THAT YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY DISPUTE WITH BLACKZENDO OR ITS LICENSORS OR RESELLERS ARISING OUT OF OR RELATING TO THESE TERMS OF SERVICE OR ANY SERVICE IS TO STOP USING OR ACCESSING THE SERVICE AND CANCEL YOUR ACCOUNT, SUBSCRIPTION OR MEMBERSHIP.  C. No Liability for Conduct, Communications or Content.  YOU AGREE THAT BLACKZENDO, ITS LICENSORS, RESELLERS, LICENSEES AND AFFILIATES ARE NOT LIABLE TO YOU FOR ANY ACT OR FAILURE TO ACT BY THEM OR ANY OTHER PERSON REGARDING CONDUCT, COMMUNICATION OR CONTENT ON OR IN THE SERVICES.  D. Liability Cap.  IN NO CASE SHALL THE AGGREGATE CUMULATIVE LIABILITY OF BLACKZENDO OR ITS AFFILIATES, LICENSORS, LICENSEE, content providers, AND distributors/RESELLERS AND THEIR RESPECTIVE EMPLOYEES, OFFICERS, DIRECTORS, SHAREHOLDERS, contractors, agents, OR vendors, (COLLECTIVELY, “BLACKZENDO AFFILIATES”) FOR DAMAGES TO YOU ARISING OUT OF OR RELATING TO THESE TERMS OF SERVICE, ANY SERVICE, OR YOUR USE OF ANY SERVICE EXCEED USD$100.00.  E. Direct Damages.  SUBJECT TO SECTION 12(D) ABOVE, BLACKZENDO WILL COMPENSATE YOU FOR ANY REASONABLY FORESEEABLE LOSS OR DAMAGE YOU CAN SHOW THAT YOU HAVE SUFFERED AS A RESULT OF (I) BLACKZENDO’S FAILURE TO CARRY OUT ITS OBLIGATIONS UNDER THESE TERMS OF SERVICE TO A REASONABLE STANDARD OR (II) BLACKZENDO’S BREACH OF ANY DUTIES IMPOSED ON BLACKZENDO BY LAW (INCLUDING, BUT NOT LIMITED TO, IF BLACKZENDO CAUSES DEATH OR PERSONAL INJURY BY BLACKZENDO’S NEGLIGENCE), UNLESS THE FAILURE OR BREACH IS ATTRIBUTED TO:∙(A) YOUR OWN FAULT;∙(B) A THIRD PARTY UNCONNECTED WITH BLACKZENDO’S PERFORMANCE OF THESE TERMS OF SERVICE (FOR INSTANCE PROBLEMS DUE TO OTHER USERS OF THE SERVICES, COMMUNICATIONS NETWORK PERFORMANCE, CONGESTION, AND CONNECTIVITY OR THE PERFORMANCE OF YOUR COMPUTER EQUIPMENT); OR (C) ANY OTHER EVENTS WHICH NEITHER BLACKZENDO, BLACKZENDO AFFILIATES, OR SUPPLIERS COULD HAVE FORESEEN OR FORESTALLED EVEN IF BLACKZENDO OR THEY HAD TAKEN REASONABLE CARE.  AS THE SERVICES ARE FOR CONSUMER USE ONLY, BLACKZENDO AND BLACKZENDO AFFILIATES WILL NOT BE LIABLE FOR ANY BUSINESS OR COMMERCIAL LOSSES OF ANY KIND OR NATURE, SUCH AS LOST DATA, LOST PROFITS OR BUSINESS INTERRUPTION.

OTHER THAN AS PROVIDED IN THE FOREGOING PARAGRAPH AND CONSISTENT THEREWITH, BLACKZENDO, BLACKZENDO AFFILIATES, ITS LICENSORS AND RESELLERS WILL NOT BE LIABLE TO YOU FOR ANY OTHER LOSS OR DAMAGES, INCLUDING WITHOUT LIMITATION, ANY INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE OR CONSEQUENTIAL DAMAGES (INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOSS OF DATA OR CONTENT, DAMAGE CAUSED TO YOUR SOFTWARE, COMPUTER, MOBILE DEVICE OR OTHER HARDWARE, DATA BREACH AND SECURITY BREACH), REGARDLESS OF THE LEGAL THEORY ON WHICH ANY SUCH DAMAGES MAY BE BASED, INCLUDING WITHOUT LIMITATION THEORIES OF BREACH OF CONTRACT, TORT AND NEGLIGENCE, AND WHETHER OR NOT BLACKZENDO HAS BEEN ADVISED OF OR IS AWARE OF THE POSSIBILITY OF ANY SUCH DAMAGES. 

F. Application.  THE LIMITATIONS SET FORTH IN THIS SECTION 12 SHALL APPLY EVEN IF A LIMITED REMEDY SET FORTH IN THESE TERMS OF SERVICE FAILS OF ITS ESSENTIAL PURPOSE.

THIS SECTION 12 SHALL SURVIVE THE TERMINATION OF THESE TERMS OF SERVICE.

13.  Indemnification/Reimbursement

If (i) You misuse any Service or breach these Terms of Service; (ii) You improperly or illegally use a Service or Your Account, including without limitation, the use of Your Account by anyone other than Yourself; or (iii) any contributions, actions or omissions by You in connection with Your use of Services, including without limitation any Game Mod or UGC You contribute, results in Blackzendo incurring any liabilities, damages, losses, costs and expenses (including without limitation attorneys’ fees and court costs), then You agree to reimburse Blackzendo and its affiliates and other participants of the Services from all such liabilities, damages, losses, costs and expenses.

If a third party sues Blackzendo for any of Section 13 (i) – (iii) above, Blackzendo reserves the right to control the defense and settlement of such third party lawsuit, and You agree to reimburse Blackzendo for the cost of the defense, including, but not limited to, reasonable and documented attorneys’ fees. 

This Section 13 shall survive any termination of these Terms of Service. 

14.  Termination of Your Account by Blackzendo

Subject to the Statutory Obligations (as defined in Section 1), Blackzendo reserves the right to restrict, suspend or terminate these Terms of Service and Your Account as provided in these Terms of Service including without limitation restricting, suspending or terminating any licenses, and/or access to one or more of the Services. 

In addition, Blackzendo reserves the right to restrict, suspend or terminate these Terms of Service and Your Account immediately and without notice to You if (i) You breach these Terms of Service, (ii) infringe or violate any third party rights, including without limitation third party intellectual rights, (iii) if Blackzendo is unable to verify or authenticate any information You provide to Blackzendo, or (iv) upon Your use of Services, for any other activity whatsoever that is, in Blackzendo’s sole discretion, unlawful, inappropriate and/or in violation of the spirit of these Terms of Service or a Service, including without limitation Your actions in a Game(s) or forums.

Upon Blackzendo’s decision to restrict, suspend, or terminate these Terms of Service, You will lose access to Your Account.

15.  Dispute Resolution, Arbitration and Class Action Waiver

If You reside in the EEA/Switzerland/Australia/New Zealand, then only this first paragraph of this Section 15 will apply to You. Blackzendo will try and solve any disagreements that arise between You and Blackzendo promptly and efficiently.  You and Blackzendo may agree to refer any disputed matter to resolution proceedings other than in a court but You and Blackzendo are not restricted from bringing court proceedings at any time. 

If You reside outside the EEA/Switzerland/Australia/New Zealand, then the terms below in this Section 15 apply to You.

This Section 15 facilitates the prompt and efficient resolution of any disputes that may arise between You and Blackzendo.  Arbitration is a form of private dispute resolution in which persons with a dispute waive their rights to file a lawsuit, to proceed in court and to a jury trial, and instead submit their disputes to a neutral third person (or arbitrator) for a binding decision.  You have the right to opt-out of this Section 15 (as explained below), which means You would retain Your right to file a lawsuit and litigate Your disputes in a court, either before a judge or jury.  Certain of the terms below in this Section reference “class actions” or “other collective disputes or representative actions.”  If You reside in a jurisdiction that does not permit class actions or other collective disputes or representative actions, such terms will not apply to You.

Please read this Section 15 carefully.  It provides that all Disputes (defined below) between You and Blackzendo shall be resolved by binding arbitration.  Arbitration replaces the right to go to court.  In the absence of this arbitration agreement, You may otherwise have a right or opportunity to bring claims in court, before a judge or jury, and/or participate in or be represented in a case filed in court by others (including, but not limited to, class actions, collective actions or representative actions).  Except as otherwise expressly provided in this Section 15 or applicable law, entering into these Terms of Service constitutes a waiver of Your right to litigate claims and all opportunity to be heard by a judge or jury.  There is no judge or jury in arbitration, and court review of an arbitration award is limited.  The arbitrator must follow these Terms of Service and can award the same damages and relief as a court (including, but not limited to, attorneys’ fees).  The arbitrator may not award damages disclaimed by these Terms of Service.

For the purpose of this Section 15, “Blackzendo” collectively refers to Blackzendo, its subsidiary and affiliate companies, and each of their respective officers, directors, employees, and agents.  The term “Dispute” means any dispute, claim, or controversy between You and Blackzendo regarding or related to any aspect of Your relationship with Blackzendo, whether based in contract, statute, regulation, ordinance, tort (including, but not limited to, fraud, misrepresentation, fraudulent inducement, or negligence), or any other legal or equitable theory, and includes, but not limited to, the validity, enforceability or scope of this Section 15 (with the exception of the enforceability of the Class Action Waiver clause below).  “Dispute” is to be given the broadest possible meaning that will be enforced. 

YOU AND BLACKZENDO EACH AGREE THAT, EXCEPT AS PROVIDED BELOW, ANY AND ALL DISPUTES, AS DEFINED ABOVE, WHETHER PRESENTLY IN EXISTENCE OR BASED ON ACTS OR OMISSIONS IN THE PAST OR IN THE FUTURE, WILL BE RESOLVED EXCLUSIVELY AND FINALLY BY BINDING ARBITRATION RATHER THAN IN COURT OR IN ANY OTHER PROCEEDING IN ACCORDANCE WITH THIS SECTION 15.

A. Pre-Arbitration Claim Resolution.  For all Disputes, whether pursued in court or arbitration, You must first give Blackzendo an opportunity to resolve the Dispute.  You must commence this process by mailing written notification to Blackzendo AG, Seminarstrasse 54, CH-5430 Wettingen, Switzerland., Attn: Legal Dep’t. That written notification must include (1) Your name, (2) Your address, (3) a written description of Your Dispute, and (4) a description of the specific relief You seek.  If Blackzendo does not resolve the Dispute to your satisfaction within forty-five (45) days after receipt of Your written notification, You may pursue Your Dispute in arbitration.  You may pursue Your Dispute in a court only under the circumstances described below. 

B. Exclusions from Arbitration/Right to Opt Out.  Notwithstanding the above, You or Blackzendo may choose to pursue a Dispute in court and not by arbitration if (a) the Dispute is initiated in small claims court; or (b) YOU OPT-OUT OF THESE ARBITRATION PROCEDURES WITHIN 30 DAYS FROM THE DATE THAT YOU FIRST CONSENT TO THESE TERMS OF SERVICE (the “Opt-Out Deadline”).  You may opt out by mailing written notification to Blackzendo AG, Attn: Legal Dep’t, Seminarstrasse 54,CH-5430 Wettingen, Switzerland.  Your written notification must include (1) Your name, (2) Your address, and (3) a clear statement that You do not wish to resolve disputes through arbitration.  Your decision to opt-out will have no adverse effect on Your relationship with Blackzendo.  Any opt-out request received after the Opt-Out Deadline will not be valid and You must pursue Your Dispute in arbitration or small claims court. 

    1. Arbitration Procedures.  If this Provision applies and the Dispute is not resolved as provided above (“Pre-Arbitration Claim Resolution”) either You or Blackzendo may initiate arbitration proceedings.  If You reside in North America, the American Arbitration Association (“AAA”), www.adr.org, will arbitrate all Disputes.  If You do not reside in North America, the International Centre for Dispute Resolution (“ICDR”), www.icdr.org, will arbitrate all Disputes.  The arbitration taking place before the ICDR will be conducted in English before a single arbitrator.  In either case, the arbitration shall be commenced as an individual arbitration, and shall in no event be commenced as a class arbitration.  The arbitrator shall have the exclusive authority to decide all issues with respect to Section 15, including, but not limited to whether any particular claim asserted by You or Blackzendo falls within the scope of this Section 15 and any alleged ambiguities in this Section 15.
    2. In Disputes before the AAA, the AAA’s Supplementary Procedures for Consumer-Related Disputes will apply for Disputes of less than $75,000, the AAA’s Commercial Arbitration Rules will apply for Disputes involving $75,000 or more, and in either instance the AAA’s Optional Rules For Emergency Measures Of Protection shall apply.  The ICDR’s rules will apply to Disputes before that entity.  AAA and ICDR rules are available at www.adr.org and www.icdr.org or by calling 1-800-778-7879.  This Provision governs in the event it conflicts with the applicable arbitration rules of the AAA or ICDR.  Based on the class action waiver set forth in subsection 15(B)(vii) below, under no circumstances will class action procedures or rules apply to the arbitration.
    3. Because the Services and these Terms of Service concern interstate commerce, the Federal Arbitration Act (“FAA”) governs the arbitrability of all Disputes.  However, the arbitrator will apply applicable substantive law consistent with the FAA and the applicable statute of limitations or condition precedent to suit. 
    4. Arbitration Award.  The arbitrator may award on an individual basis any relief that would be available pursuant to applicable law and these Terms of Service, and will not have the power to award relief to, against or for the benefit of any person who is not a party to the proceeding.  The arbitrator will make any award in writing but need not provide a statement of reasons unless requested by a party.  Such award will be final and binding on the parties, except for any right of appeal provided by the FAA, and may be entered in any court having jurisdiction over the parties for purposes of enforcement.
    5. Location of Arbitration.  If You reside in North America, You or Blackzendo may initiate arbitration in either Rockville, Maryland, USA or the judicial district that includes the address You provide in Your written notification of Pre-Arbitration Claim Resolution.  In the event that You select the judicial district that includes the address You provide in Your written notification of Pre-Arbitration Claim Resolution, Blackzendo may transfer the arbitration to Rockville, Maryland, USA in the event that it agrees to pay any additional fees or costs You incur as a result of the transfer, as determined by the arbitrator.  If You do not reside in North America, the arbitration shall take place in London, England or Sydney, Australia as requested by You.
    6. Payment of Arbitration Fees and Costs. Blackzendo will pay all arbitration filing fees and arbitrator’s costs and expenses upon Your written request given prior to the commencement of the arbitration or as otherwise required by applicable law.  You are responsible for all additional fees and costs that You incur in the arbitration, including, but not limited to, attorneys or expert witnesses.  Fees and costs may be awarded as provided pursuant to applicable law.  In addition to any rights to recover fees and costs under applicable law, if You provide notice and negotiate in good faith with Blackzendo as provided in the section above titled “Pre-Arbitration Claim Resolution” and the arbitrator concludes that You are the prevailing party in the arbitration, You will be entitled to recover reasonable attorney’s fees and costs as determined by the arbitrator.
    7. Class Action Waiver.  Any arbitration proceedings initiated pursuant to this Section 15 will be conducted only on an individual basis and not in a class, collective, consolidated or representative action or as a member of a class, collective, consolidated or representative action.    If You choose to pursue Your Dispute in court by opting out of this Provision, as specified above, this Class Action Waiver will not apply to You.  Neither You, nor any other user of the Services can be a class representative, class member, or otherwise participate in a class, consolidated, or representative proceeding without having complied with the opt-out requirements above. 

C. Jury Waiver.  You understand and agree that by entering into these Terms of Service You and Blackzendo are each waiving the right to a jury trial or a trial before a judge in a public court.  In the absence of this Section 15, You and Blackzendo might otherwise have had a right or opportunity to bring Disputes in a court, before a judge or jury, and/or to participate or be represented in a case filed in court by others (including, but not limited to, class actions).  Except as otherwise provided below, those rights are waived.  Other rights that You would have if You went to court, such as the right to appeal and to certain types of discovery, may be more limited or may also be waived. 

D. Severability.  If any clause within this Section 15 (other than the Class Action Waiver clause above) is found to be illegal or unenforceable, that clause will be severed from this Section 15, and the remainder of this Section 15 will be given full force and effect.  Notwithstanding the foregoing sentence, if the Class Action Waiver clause is found to be illegal or unenforceable, this entire Section 15 will be unenforceable and the Dispute will be decided by a court. 

E. Continuation.  This Section 15 shall survive the termination of these Terms of Service and Your use of the Services.

16.  Unsolicited Materials

Blackzendo has an established policy not to accept or consider any unsolicited material, ideas or suggestions of any nature whatsoever.  Please do not send us any unsolicited materials, as they will not be considered by anyone at Blackzendo.  Any unsolicited materials sent will be treated as non-confidential, and Blackzendo will not be liable for any use or disclosure of such unsolicited material.

If You do send any creative materials, including, but not limited to, feedback, creative suggestions, error corrections, ideas, notes, drawings, fan art, storylines, music, concepts, data, or other Content that is not UGC or a Game Mod, transmitted via the Services, websites, U.S. Postal Service, Fed-Ex, mail, electronic mail or otherwise (collectively “Information”), such creative materials and communications shall to the fullest extent permitted by law be deemed to be the property of Blackzendo and You hereby assign and agree to assign to Blackzendo full and unfettered ownership of all such Information.  None of the Information shall be subject to any obligation of confidentiality on the part of Blackzendo and Blackzendo shall not be liable to You for any use or disclosure of any Information. Blackzendo shall exclusively own any now known or hereafter existing rights to the Information of every kind and nature throughout the universe and on any media, and shall be entitled to unrestricted use and exploitation of the Information for any purpose whatsoever, commercial or otherwise, without compensation to, or approval by, You.

17.  Intellectual Property Infringement

Blackzendo respects the intellectual property rights of others, and requires that those who use its Services do the same. Blackzendo will terminate the Account of any user who is responsible for any or repeated acts of intellectual property infringement.  You may not, and by using the Services You agree not to, use the Services to transmit material: (i) that is copyrighted, unless You are the copyright owner or have obtained the permission of the copyright owner to transmit it; (ii) that reveals trade secrets, unless You own them or have the permission of the owner to so transmit them; or (iii) that infringes on any Intellectual Property Rights, as defined below, of others or violates the privacy or rights of publicity of others. For purposes of these Terms of Service, the term “Intellectual Property Rights” means, collectively, rights under patent, trademark, copyright and trade secret laws, and any other intellectual property or proprietary rights recognized in any country or jurisdiction worldwide, including, without limitation, moral rights and similar rights.

If You believe that any Content appearing on the Services has been copied in a way that constitutes copyright infringement, please send a written communication that includes the following information to the Copyright Agent named below (please consult Your counsel and/or see Section 512(c)(3) of the Digital Millennium Copyright Act):

      • A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
      • Identification of the copyrighted work claimed to have been infringed or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site.
      • Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit the service provider to locate the material. Providing URLs in the body of an email is the best way to help us locate Content quickly.
      • Information reasonably sufficient to permit the service provider to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted.
      • A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law.
      • A statement that the information in the notification is accurate and, under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
Blackzendo AG
Seminarstrasse 54
CH-5430 Wettingen
Switzerland

Attn: Legal Department
Email: a p p s e r v i c e [at] b l a c k zendo.com

If You believe that any Content appearing on the Services has been used in a way that constitutes an infringement or misappropriation of Intellectual Property Rights other than copyright infringement, please send a written communication following the above procedures that describes the purported infringement or misappropriation.

Blackzendo will notify You if it removes or disables access to copyright-protected material that You provide, if such removal is pursuant to a valid DMCA take-down notice that Blackzendo has received.  If You receive such notice from Blackzendo, You may provide Blackzendo with a counter-notification in writing to Blackzendo’s designated agent that includes all of the following information:

      • Your physical or electronic signature;
      • Identification of the material that has been removed or to which access has been disabled, and the location at which the material appeared before it was removed or access to it was disabled;
      • A statement from You under the penalty of perjury, that You have a good faith belief that the material was removed or disabled as a result of a mistake or misidentification of the material to be removed or disabled; and
      • Your name, physical address and telephone number, and a statement that You consent to the jurisdiction of a court for the judicial district in which Your physical address is located, or if Your physical address is outside of the United States, for any judicial district in which Blackzendo may be located, and that You will accept service of process from the person who provided notification of allegedly infringing material or an agent of such person.

Blackzendo may, but is not obligated to, follow similar procedures if it removes or disables any Content that purportedly constitutes infringement or misappropriation of any Intellectual Property Rights other than copyrights.

18.  General Terms

A. No Third Parties Have Rights or Remedies..  You agree that these Terms of Service (including without limitation the Supplementary Terms) and Blackzendo’s enforcement of these Terms of Service, are not intended to confer and do not confer any rights or remedies upon any person other than You and Blackzendo. 

B. Severability..  Except as specifically provided in Section 15 above, if any part of these Terms of Service is held invalid or unenforceable, that portion shall be interpreted in a manner consistent with applicable law to reflect, as nearly as possible, the original intentions of such part, and the remaining portions of these Terms of Service shall remain in full force and effect. 

C. Waiver.  The failure of Blackzendo to exercise or enforce any right or provision of these Terms of Service will not constitute waiver of such right or provision.  Any waiver of any provision of these Terms of Service will be effective only if expressly acknowledged in a writing signed by Blackzendo. 

D. Governing Law.

    1. For residents of North America, these Terms of Service and all Disputes (as defined in Section 15 above) shall be governed by the laws of the State of Maryland, USA, excluding its conflicts of laws rules and principles that would result in another State or country’s laws applying to these Terms of Service or any Disputes.
    2. If You reside outside of North America, then these Terms of Service and all Disputes shall be governed by the laws of England, excluding its conflicts-of-law rules and principles that would result in another State or country’s laws applying to these Terms of Service or any Disputes.

19.  Entire Agreement

These Terms of Service (including, without limitation, the Blackzendo Privacy Policy, Game EULA’s and other Supplemental Terms) constitute the entire agreement between You and Blackzendo relating to the Services.  These Terms of Service supersede any prior or contemporaneous understanding, representations or other agreement, written or verbal regarding the subject matter of these Terms of Service. 

If there is any direct conflict between specific terms and conditions in these Terms of Service, a EULA and any Supplemental Terms for a particular Game or Service, the terms and conditions shall govern Your use and access of that Game or Service in the following order of precedence: 

(A)       with respect to any specific Game: (i) the EULA for that Game; (ii) the Code of Conduct for that Game (if any); (iii) the applicable beta agreement for that Game; (iv) any applicable nondisclosure agreement for that Game, and (v) these Terms of Service, and

(B)       with respect to any Services, whether or not related to a Game (subject to (A) above): (i) these Terms of Service; (ii) the Privacy Policy; and (iii) the applicable Code of Conduct (if any). Blackzendo will be the final and sole arbiter of any interpretation of any inconsistencies.

Notwithstanding the foregoing, in connection with a tournament sponsored by Blackzendo, if either the tournament rules or any terms in a Blackzendo tournament agreement for the specific tournament directly conflict with specific terms and conditions in these Terms of Service or any applicable Supplemental Terms, the applicable tournament rules and terms in the tournament agreement will control, but solely for purpose of the specific tournament and not for any other purpose.

In addition, in connection with a contest, if either the contest rules for the specific contest directly conflict with specific terms and conditions in these Terms of Service or any Supplemental Terms, the applicable contest rule will control, but solely for purpose of the specific contest and not for any other purpose.

Bookmark this site and visit this site regularly for updates to Blackzendo’s Terms of Service.

Last updated March 17, 2016