The Power of Realtime™
Our wildly popular mobile games are also the world’s largest concurrent communications applications. We connect and facilitate the city building, troop training, army marching, battle fighting and player chats of millions of people from all corners of the globe in real time, scaled and operated on our RTplatform and powered by our Realtime™ technology.
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MZ develops and publishes online and mobile products and services, including websites and mobile applications (collectively, the "Services"). In this policy, "MZ" refers to Machine Zone, Inc. and its Affiliates, which shall mean subsidiaries, parent companies, joint ventures and other corporate entities under common ownership. We may also refer to MZ as "We" or "Us".
- The information We collect, how we do so and the purposes of our collection
- How We use and with whom We share such information
- How you can access and update such information
- The choices you can make about how We collect, use and share your information
- How We protect the information We store about you
INFORMATION WE COLLECT
When you use any MZ Service, also sometimes referred to as an "application" or "app", you get access to its online community within that Service and you allow MZ to access certain information from your profile for that application. The information you allow MZ to access varies by application, and it is affected by the privacy settings you and your friends establish in that application. You can control and find out more about these settings within the Service. For example, MZ may access and store some or all of the following information, as allowed by you and your preferences:
- Your in-game username
- Your device's MAC address
- Facebook User ID
- Facebook Fan Status
- Your physical location and that of your access devices
INFORMATION WE COLLECT FROM YOU DIRECTLY
When you interact with the Service at http://www.mz.com, http://www.machinezone.com, http://www.gameofwarapp.com, http://www.epicwar-online.com, http://www.mobilestrikeapp.com, or any MZ-owned website, We may collect and store information from you directly as described below:
We may allow you to "register" with Us by using Facebook Connect or other Application authentication options to create an account or profile within the Service. We may also provide a more typical registration flow where you may be required to provide the following information: your age or birthday (for age screening and/or to better understand who our users are); your e-mail address; a password and other information that helps Us confirm that it is you accessing your account.
We may also offer you the option to complete a user profile that is visible to other MZ users. Your user profile may include: a profile image; one or more game username(s); and a MZ user ID number that is created by MZ and used to identify your profile.
INFORMATION WE RECEIVE OR COLLECT WHEN YOU ACCESS MZ SERVICES ON A MOBILE DEVICE
If you access MZ Services on your mobile telephone or other mobile device, including iPads and tablets, we collect mobile device identifiers, including MAC Address, and possibly IP Address. In certain Services we will create and assign to your device an identifier that is similar to an account number. We may collect the name you have associated with your device, device type, telephone number, country, and any other information you choose to provide, such as user name, character name, geo-location or e-mail address. We may also access your contacts to enable you to invite friends to join you in the Service.
MZ may also receive the billing and payment information that you provide when your purchase is processed by another party, such as Facebook (for Facebook Credits), Apple (for purchases on iOS devices), Google (for purchases on Android devices), or Amazon (for purchases on Kindle devices).
CUSTOMER SUPPORT CORRESPONDENCE
When you ask for assistance from our Customer Support team, we will collect and store the contact information you provide (generally your name and e-mail address), information about your game play or activity on the Service, and your username or ID number. We will also store the correspondence and any information contained within.
PUSH NOTIFICATIONS & LOCAL NOTIFICATIONS
With your consent we may send push notifications to your mobile device to provide Service updates and other relevant messages. You can manage push notifications from the Social section within the relevant Service.
TECHNICAL AND USAGE INFORMATION
When you access our websites or our Services, We collect (i) certain technical information about your mobile device or computer system, including MAC Address, IP Address and mobile device ID; and (ii) usage statistics about your interactions with the Service. This information is typically collected through the use of server log files or web log files ("Log Files"), mobile device software development kits and tracking technologies like browser cookies to collect and analyze certain types of technical information. Some of the cookies the Service places on your computer are linked to your user ID number(s). For more information on how We utilize cookies and other tracking technologies, please review the "Cookies and Automated Information Collection" discussion under ("How We Collect Information about You").
HOW WE COLLECT INFORMATION ABOUT YOU
We may collect information about you in any one or more of the following ways:
INFORMATION ABOUT PLAYERS AND PLAY
To provide a richer game play and social experience in our Services, We collect information about your play and interaction with other players and users. The bulk of this information is collected and stored through the use of Log Files, which are files on our web servers that record actions taken on our Services and websites.
You may be able to take part in certain activities on our websites or Services that give you the opportunity to communicate or share information not just with MZ, but also with other users of our Service. These include:
- Participating in player forums and message boards
- Posting public comments to other users' profiles or gameboards
- Sending private messages or invitations to other users, either directly on our websites or to their e-mail accounts
- Chat with other users
- Posting web links
We may record and store archives of these communications on MZ's servers to protect the safety and well-being of our users and MZ's rights and property in connection with the Services. You acknowledge and consent to the recording and storage of such communications for these purposes.
COOKIES AND AUTOMATED INFORMATION COLLECTION
When you access the Services, We collect certain technical information in order to (i) analyze the usage of our sites and Services; (ii) provide a more personalized experience; and (iii) manage advertising. We and service providers acting on our behalf, such as Google Analytics, use Log Files and tracking technologies to collect and analyze certain types of technical information, including cookies, IP addresses, device type, device identifiers, browser types, browser language, referring and exit pages, and URLs, platform type, the number of clicks, domain names, landing pages, pages viewed and the order of those pages, the amount of time spent on particular pages, game state and the date and time of activity on our websites or Services, and other similar information. In some cases, We will associate this information with your user ID number for our internal use.
We may also employ other technologies including (i) web beacons, which allow Us to know if a certain page was visited or whether an e-mail was opened; (ii) tracking pixels, which allow Us to advertise more efficiently by excluding our current users from certain promotional messages, identifying the source of a new installation or delivering ads to you on other websites; and (iii) local shared objects also known as flash cookies, which help Us to prevent fraud, remember your in-game preferences and speed up load times.
We may collect or receive information from other sources including (i) other MZ users who choose to upload their email contacts; and (ii) third party information providers. This information will be used to supplement your profile - primarily to help you and your friends connect. It will be combined with other information We collect.
HOW WE USE THE INFORMATION WE COLLECT
In general, We collect, store and use your information to provide you with a safe, smooth, efficient, fun, and customized experience. For example, We may use information collected from you in any one or more of the following ways:
- To create your game accounts and allow play of our games
- To identify and suggest connections with other MZ users
- To enable user-to-user communications
- To provide technical support and respond to user inquiries
- To prevent fraud or potentially illegal activities, and enforce our Terms of Service
- To deliver and target advertising
- To notify users of in-game updates
- To provide in-game leader boards and promote in-game player achievements
- To solicit input and feedback to improve MZ products and services and customize your user experience
- To inform users about new products or promotional offers
- To engage in commonly accepted practices, such as contacting you at the email address We have on file if you are a potential winner in a sweepstakes
One important use of your information is communication. If you have provided your e-mail address to MZ, We'll use it to respond to (i) customer support inquiries, and (ii) keep you informed of your in-game activity, including comments from friends, notifications about in-game status and requests. Some messages, such as invites for friends to join you in a game, may include your name and profile photo. We may also send promotional e-mail messages and promotional messages ("Promotional Communications") directly or in partnership with parties other than MZ. Each Promotional Communication will generally offer recipients choices about receiving additional messages.
SHARING OF YOUR INFORMATION
We will share your information (in some cases personal information) with third parties, that is parties other than MZ, in the following circumstances:
THIRD PARTY SERVICE PROVIDERS
We will provide your information to third party companies to perform services on our behalf, including payment processing, data analysis, e-mail delivery, hosting services, customer service and to assist Us in our marketing efforts. We direct all such third party service providers to maintain the confidentiality of the information disclosed to them and to not use your information for any purpose other than to provide services on MZ's behalf.
ADVERTISING OF THIRD PARTY PRODUCTS AND SERVICES
MZ Services or their purchase pages may display an "offer wall" that is hosted by an offer wall provider. The offer wall allows third party advertisers to provide virtual currency to users in exchange for interacting with an advertisement or for completing a marketing offer that may include signing up for an account with one of those advertisers. These are not offers made by MZ. These offers may be displayed to you based on certain technical information, such as your geographic area or anonymous demographic information. After clicking on one of these advertisements, you will no longer be on a site hosted by MZ or a partnering social network. To properly credit user accounts and to prevent fraud, a unique identifier, in some cases your user ID number, will be shared with the offer wall provider.
SAFETY, SECURITY AND COMPLIANCE WITH LAW
Your information, and the contents of all of your online communications (including without limitation chat text, voice communications, IP addresses and your personal information) may be accessed and monitored as necessary to provide the Service and may be disclosed: (i) when We have a good faith belief that We are required to disclose the information in response to legal process (for example, a court order, search warrant or subpoena); (ii) to satisfy any applicable laws or regulations; (iii) where We believe that the Service is being used in the commission of a crime, including to report such criminal activity or to exchange information with other companies and organizations for the purposes of fraud protection and credit risk reduction; (iv) when We have a good faith belief that there is an emergency that poses a threat to the health and/or safety of you, another person or the public generally; and (v) in order to protect the rights or property of MZ.
SALE OR MERGER
OUR POLICIES CONCERNING CHILDREN
Our Services (including websites, games, and applications) are not intended for children under the age of 13 and We do not knowingly collect any personal information from such children. Children under the age of 13 should not use our Services at any time. In the event that We learn that We have inadvertently gathered personal information from children under the age of 13, We will take reasonable measures to promptly erase such information from our records.
HOW TO ACCESS AND UPDATE YOUR INFORMATION
INFORMATION WE RECEIVE FROM AN SNS WHERE YOU PLAY OUR GAMES
To manage the information MZ receives about you from an SNS where you play our games, you will need to follow the instructions at that site for updating your information and changing your privacy settings. The privacy management tools for applications on Facebook can be found here. The privacy management tools for Google + can be found here. You can manage certain aspects of information collection and use by going to the settings of your (mobile) device and reviewing the permissions of each application.
OTHER METHODS OF ACCESSING AND CONTROLLING YOUR INFORMATION
If you no longer want MZ to make active use of your information, you may send an e-mail to firstname.lastname@example.org. Place "Delete My Account" in the subject line and include your first name, last name, e-mail address and user ID number from which you access our games (if applicable) in the body of the e-mail. We will respond to your request within thirty (30) days. Please note that certain records, for example those pertaining to payments or customer service matters, will be retained for legal and accounting purposes. If you have sent or posted content on the Service, We may not be able to delete it.
- If you wish to review or change the information MZ has about you, e-mail Us at the address provided herein.
- You can turn off push notifications and local notifications by visiting the "notifications" page within the relevant game.
- You can stop further use of your geo-location by visiting your device's settings for the relevant application or the "settings" page for the relevant game.
YOUR SHARING AND MESSAGING OPTIONS
Information We Receive from Third Party SNS Where You play a MZ Game If you play our games at a third-party SNS, MZ will be able to access and store profile and other information about you as described above. The categories of information you share with Us will depend, in part, on the permissions you grant Us and the privacy settings you have established at the SNS where you access the application. MZ does not offer an "opt out" option for specific fields that are shared by the SNS where you access and play the game(s).
OPTING OUT OF PUSH COMMUNICATIONS
When you install our apps on your mobile device you can choose to receive push notifications. You can turn off push notifications by visiting the "options" or "settings" page within the relevant game. You may also receive local notifications. You can turn off local notifications by visiting the "options" or "settings" page within the relevant game.
PRIVACY POLICIES OF LINKED SITES AND ADVERTISERS
Our websites and games may contain advertisements from companies other than MZ that may link to their own websites. We are not responsible for the privacy practices or the content of such websites. If you have any questions about how these other websites use your information, you should review their policies and contact them directly.
SECURITY OF YOUR INFORMATION
MZ implements reasonable security measures to protect the security of your information both online and offline, and We are committed to the protection of customer information. While We take reasonable precautions against possible security breaches of our websites and our customer databases and records, no website or Internet transmission is completely secure, and We cannot guarantee that unauthorized access, hacking, data loss, or other breaches will never occur. We urge you to take steps to keep your personal information safe (including your account password), and to log out of your account after use. If your account is hacked, this may lead to unauthorized play of your MZ games, so be careful to keep your account information secure. If you have questions about the security of our websites, please contact us at email@example.com Unfortunately, the transmission of information over the Internet is not completely secure. Although We strive to protect your personal data, We cannot guarantee the security of your data while it is being transmitted to our site; any transmission is at your own risk. Once We have received your information, We have procedures and security features in place to try to prevent unauthorized access.
YOUR CALIFORNIA PRIVACY RIGHTS
We do not share personal information with third parties for their direct marketing purposes unless you affirmatively agree to such disclosure, typically by "opting in" to receive information from a third party that is participating in a sweepstakes or other promotion on one of our sites. If you do ask Us to share your personal information with a third party for its marketing purposes, We will only share information in connection with that specific promotion, as We do not share information with any third party (other than our service providers) on a continual basis. To prevent disclosure of your personal information for use in direct marketing by a third party, do not opt in to such use when you provide personal information on one of our sites.
RIGHT TO ACCESS
Users in certain jurisdictions have a right to access personal information held about them. Your right of access can be exercised in accordance with applicable law. At your request, and per applicable law, we will use commercially reasonable efforts to correct inaccurate personal information or delete personal information, but please note that we may be required to retain personal information by law or for legitimate business purposes. When we delete any information, it will be deleted from our active databases but may remain in our archives. Please note that we may also decline to process requests that are frivolous, vexatious, that jeopardize the privacy of others, are extremely impractical, or for which access is not otherwise required by local law. Please submit any requests related to access, correction, or deletion of your personal data in writing to firstname.lastname@example.org
© 2016 Machine Zone, Inc. All Rights Reserved.
You acknowledge that you may access and/or download some MZ Services for free, and while there may be additional content or services available for purchase within some MZ Services (“In-App Purchases”), such In-App Purchases are entirely voluntary and not required to participate in or advance within MZ Services. You also acknowledge that you may not access and/or download other MZ Services without executing a separate agreement with MZ which may require you to pay for content or services (“Service Charges”).
2. Limited License, Login Information, and Your Account and Eligibility.
Limited License Grant
Login Information and Your MZ Account
You may create an account with us (“MZ Account”) by providing a username and/or email address and a password (“Login Information”). With some MZ Services, we may also allow you to create an account through third party social networks or services (such as Facebook) with whom you maintain an account (a “Third Party Service”).
You shall not share your MZ Account or your Login Information, nor let anyone else access your account or do anything else that might jeopardize the security of your account. You are solely responsible for maintaining the confidentiality of your Login Information, and you will be solely responsible for all uses of your Login Information, including any purchases, In-App Purchases, Service Charges, or other changes to your MZ Account and/or MZ Account status, whether or not authorized by you. MZ will not be responsible for anything that happens through or to your MZ Account and/or MZ Account status as a result of you allowing any third party to access your Login Information and/or MZ Account.
MZ reserves the right to remove or reclaim any usernames at any time and for any reason, including but not limited to claims by a third party that a username violates the third party’s rights.
There are limitations on who may download and access MZ Services. You may not download or access MZ Services if you are under 13 years of age. If we learn that a user under 13 years of age is accessing an MZ Service despite this restriction, we will immediately delete their account and all personal information we have related to their account.
Some MZ Services are available for download from mobile application platform providers like Google or Apple, each of which may require you to maintain an account with them in order to access and use MZ Services.
4. No Transfer of Accounts or In-Service Content.
Unless otherwise specified, your MZ Account is for your personal, non-commercial use only. You specifically agree not to: (1) share your account credentials with anyone else, (2) sell, offer to sell, rent, lease, trade or otherwise transfer your account, (3) sell, offer to sell, rent, lease, trade or otherwise transfer any content, “Gold” or other virtual currencies, game resources, in-game services like “speed-ups,” or other in-Service items associated with your account (collectively, “In-Service Content”), except by using mechanisms within MZ Services (e.g., through in-game Gift Mode) that anticipate and specifically allow for the non-commercial transfer of In-Service Content, (4) buy, offer to buy, accept, access or use any other user’s account or In-Service Content, except by using mechanisms within MZ Services that anticipate and specifically allow for the non-commercial transfer of In-Service Content, and (5) link to or otherwise endorse or identify any websites, organizations, or persons that sell, offer to sell, rent, lease, buy, offer to buy, accept, access, trade or otherwise transfer accounts or In-Service Content.
5. Intellectual Property Rights in MZ Services.
If you provide us with any suggestions for enhancement or feedback regarding MZ Services or any of our other products or services, you agree that we will have a perpetual, transferable, sub-licensable, royalty-free, irrevocable, worldwide license to use such suggestions and feedback, including by incorporating your suggestions or feedback in MZ Services, without any obligation to compensate you.
6. Code of Conduct.
You agree to comply with the following requirements (our "Code of Conduct") when you access MZ Services:
- You will comply with your obligations to third party mobile platform providers, such as Apple and Google, from whom you download an MZ Service, including any terms regarding payment for In-App Purchases and Service Charges made through suchplatforms.
- You will not attempt to obtain login information or access another user’s account or collect or harvest personal information from other users.
- You will not exploit, distribute or publicly inform other users of any MZ Service error, miscue or bug which provides for an unintended advantage or allows impersonation of another person, including by use of automated collection mechanisms such asclear graphics interchange formats ("gifs"), cookies, or similar technology.
- You will not exploit differences in pricing for In-App Purchases or In-Service Content (e.g., through arbitrage) by sending altered, deceptive, or false source-identifying information, including but not limited to, by use of a proxy orspoofed IP addresses or VPNs, or by requesting that someone else make In-App Purchases or purchase In-Service Content on your behalf in order to take advantage of a difference in pricing.
- You will not harass, threaten or bully any other users, nor post or submit any abusive, threatening, bullying, harassing, obscene, defamatory, offensive, pornographic or illegal content, or content that infringes or violates the rights of someoneelse, or impersonate any other person.
- You will not use MZ Services for any unauthorized commercial purpose, including but not limited to commercial advertisement or solicitation (such as chain letters, junk e-mail, “spam,” or other repetitive messages), or gathering ortransferring In-Service Content for sale.
- You will not use MZ Services for performing services for payment, such as leveling up or item collection services.
- You will not use or design cheats, exploits, automation software, bots, hacks, mods or any unauthorized software designed to modify or interfere with an MZ Service experience.
- You will not remove or obscure any proprietary notices within MZ Services.
- You will not disrupt or attempt to disrupt MZ Services or any other person’s use or enjoyment of MZ Services.
- You will not attempt to gain unauthorized access to MZ Services, to accounts registered to others, or to networks from which portions of MZ Services are provided, including by circumventing or bypassing robot exclusion headers or securitymechanisms for MZ Services.
- You will not use any service or software that accesses, intercepts, "mines," or otherwise collects information from MZ Services or that is in transit from or to MZ Services.
- You will not make any automated use of MZ Services, or take any action that imposes an unreasonable burden on our infrastructure.
- You will not use any software, technology, or device to send content or messages, scrape, spider, or crawl MZ Services, or harvest or manipulate data from MZ Services.
- You will not improperly use our support services, including by submitting false reports.
- Except where permitted by law or relevant open source licenses, you will not modify, reverse engineer, decompile, disassemble, decipher or otherwise try to derive the source code for MZ Services.
- You will not copy, modify or distribute content from MZ Services except as specifically authorized by us.
- You will not advocate, promote, encourage, or otherwise facilitate any illegal behavior, including but not limited to the use of illegal drugs, unlawful gambling or theft.
Failure to comply with this Code of Conduct may result in the suspension of your MZ Account, or any portion of your MZ Account, and/or subject you to any of the penalties identified in Section 11 herein.
7. Your Interactions with Other Users.
You are solely responsible for your interactions with other users with whom you interact through MZ Services you access. MZ reserves the right, but has no obligation, to become involved in any way with any disputes concerning MZ Services. You will fully cooperate with us to investigate any suspected unlawful, fraudulent or improper activity, including without limitation granting MZ access to any portion of your account.
If you have a dispute with one or more users, or any other interaction you believe may give rise to any claim, you release MZ (and our officers, directors, agents, subsidiaries, joint ventures and employees) from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such disputes.
If you live in California, you waive California Civil Code §1542, which says: "A general release does not extend to claims which the creditor does not know or suspect to exist in his or her favor at the time of executing the release, which if known by him or her must have materially affected his settlement with the debtor."
If you live outside of California, you waive any other statute, law, or rule of similar effect in your jurisdiction.
8. User Content.
MZ Services may include features by which users can submit or upload content to MZ Services, including without limitation chat and messaging utilities and the ability to select profile names and names for certain In-Service Content (collectively, “User Content”). If you create an MZ Services account via a Third Party Service or otherwise “link” content associated with your Third Party Service account to your account for MZ Services, your User Content includes any information or content provided to us by that Third Party Service. You represent that you have all rights and permissions necessary to submit User Content to us (including, with respect to photographs, written consent from each identifiable person therein), that your User Content is accurate, and that your User Content is not subject to any confidentiality obligations or in violation of the Code of Conduct. In addition, you represent and warrant that any User Content submitted by you does not violate or infringe upon any copyright, right of privacy, trademark, patent, trade-name, performing right or any literary, dramatic, musical, athletic, personal, private, civil, contract, or property right or any other right of any person, firm, or corporation, or contain any libelous or slanderous material.
You retain all right, title and interest to your User Content, except that you grant us a perpetual, non-exclusive, transferable, sub-licensable, royalty-free, irrevocable, worldwide license to use your User Content and any modifications thereto in connection with MZ Services without compensation to you. To the extent permitted by applicable law, you waive any moral rights you may have in your User Content (such as the right to be identified as the author).
We do not endorse any User Content supplied by other users; each user is responsible for his or her User Content, and we expressly disclaim any warranty with respect to User Content. We have no obligation to monitor User Content, and we are not responsible for monitoring MZ Services for inappropriate or illegal communications by other users. However, we reserve the right to block, remove or edit User Content. We may, in our discretion, choose to monitor or record your interaction with MZ Services you access or with other users when you are using MZ Services. You acknowledge and agree that you have no expectation of privacy in any User Content.
In addition to User Content, MZ collects (i) information, content or other material that you provide to us or is otherwise transmitted in or through MZ Services you access or which is generated, acquired or developed when you download, install, and/or use MZ Services or anytime you are in contact with us and (ii) information you receive or which is transmitted to or otherwise made available to you from other users of MZ Services or third parties in MZ Services (collectively, “Service Information”). We use the Service Information in many ways, including but not limited to, to help us provide and support MZ Services and our services. For example, we may use the Service Information to deliver and target advertising and generate information about the reach and effectiveness of advertising through various measurements and analytics (without providing personally identifiable information about you).
10. In-Service Content; Payments; Ownership.
MZ Services may allow you to “earn” In-Service Content. You may also use real money to purchase a license to use certain In-Service Content. Purchased In-Service Content is subject to the payment terms and conditions of the mobile platform (e.g., Apple’s iOS, Google’s Android OS, and Amazon’s Fire OS) from which you make your purchase. MZ does not control or manage the payment process; please review the relevant terms and conditions with the applicable platform provider before making any In-App Purchases. When you purchase a license to use In-Service Content, you agree that we may begin to supply you with your purchased In-Service Content immediately.
Unless otherwise specified, you agree that you have no ownership interest in your MZ Account or any In-Service Content associated with your account, regardless of whether you “earned” or “purchased” such In-Service Content. You agree that In-Service Content, including “Gold,” “Silver,” and any other virtual currencies within MZ Services are for personal non-commercial entertainment purposes, have no independent value outside of MZ Services, may not be redeemed for any cash value, and is simply a measurement of your limited license.
ALL SALES ARE FINAL. YOU ACKNOWLEDGE THAT NEITHER WE NOR ANY MOBILE PLATFORM PROVIDER IS REQUIRED TO PROVIDE A REFUND FOR ANY REASON, AND THAT YOU WILL NOT RECEIVE MONEY OR OTHER COMPENSATION FOR UNUSED IN-SERVICE CONTENT WHEN AN ACCOUNT IS CLOSED, WHETHER SUCH CLOSURE WAS VOLUNTARY OR INVOLUNTARY, UNLESS OTHERWISE REQUIRED BY APPLICABLE LAW. IN THE EVENT THAT YOU DO NOT RECEIVE AN IN-SERVICE ITEM THAT YOU PROPERLY PURCHASED THROUGH A PLATFORM PROVIDER, YOU MAY REQUEST A REFUND DIRECTLY FROM THAT PLATFORM PROVIDER SUBJECT TO THEIR REFUND POLICY.
11. Termination and Suspension.
You may terminate your MZ Account at any time, for any reason or no reason, by issuing an in-Service message or by sending an email to support@MachineZone.com with the subject entitled "Termination."
Upon termination of your account for any reason, you agree to no longer access (or attempt to access) MZ Services.
12. Disclaimer; Limitation of Liability.
MZ SERVICES ARE PROVIDED "AS IS," AND USE OF MZ SERVICES IS AT YOUR SOLE RISK. TO THE EXTENT PERMITTED BY APPLICABLE LAW, WE MAKE NO REPRESENTATIONS, WARRANTIES, OR CONDITIONS OF ANY KIND, EITHER EXPRESS OR IMPLIED, ABOUT MZ SERVICES OR ANY CONTENT OR SERVICES MADE AVAILABLE THROUGH MZ SERVICES, AND WE SPECIFICALLY DISCLAIM ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, OR AVAILABILITY. MZ DOES NOT WARRANT THAT YOU WILL BE ABLE TO ACCESS OR USE MZ SERVICES AT THE TIMES OR LOCATIONS OF YOUR CHOOSING; THAT MZ SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE; THAT DEFECTS WILL BE CORRECTED; OR THAT MZ SERVICES OR OUR SERVICE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
REFERENCE TO, OR DEPICTION OF, ANY WEAPON, GEAR OR OTHER ITEMS IN MZ SERVICES DOES NOT INDICATE AFFILIATION, SPONSORSHIP, OR ENDORSEMENT BY ANY MANUFACTURER. ALL TRADEMARKS RELATING TO ANY WEAPONS, GEAR OR OTHER ITEMS IN MZ SERVICES ARE THE EXCLUSIVE PROPERTY OF THEIR RESPECTIVE OWNERS.
YOU ACKNOWLEDGE THAT, EXCEPT IN THE CASE OF WILLFUL ACTS OR GROSS NEGLIGENCE, WE WILL NOT BE LIABLE TO YOU FOR: (1) ANY INCIDENTAL, INDIRECT, PUNITIVE, SPECIAL OR CONSEQUENTIAL DAMAGES, REGARDLESS OF THE CAUSE OF ACTION AND EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES; (2) AN AMOUNT IN EXCESS OF $100 OR THE AMOUNTS YOU HAVE PAID US FOR MZ SERVICES DURING THE 6 MONTH PERIOD PRECEDING THE EVENT FIRST GIVING RISE TO LIABILITY, WHICHEVER IS GREATER; OR (3) THE CONDUCT OF THIRD PARTIES, INCLUDING THIRD PARTY SITES OR MOBILE PLATFORM PROVIDERS OR OTHER USERS OF MZ SERVICES. Certain state and national laws do not allow some of the exclusion of liability or the warranty disclaimers set forth above. Therefore, the above limitations and disclaimers may not apply to you, and you may have additional rights.
14. Agreement to Arbitrate; Class Action Waiver.
PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS YOUR RIGHTS AND INCLUDES WAIVER OF A TRIAL BY JURY IN A COURT AND OF THE ABILITY TO BRING ANY CLAIM ON BEHALF OF OTHERS.
This Section 14 (i.e., the “Agreement to Arbitrate”) applies to the maximum extent permitted by applicable law. If the laws of your jurisdiction prohibit the application of provisions of this Section 14 notwithstanding Section 15 below, those prohibited provisions will not apply to you. IF YOU LIVE IN THE EUROPEAN UNION, NONE OF THIS SECTION 14 APPLIES TO YOU.
Most user concerns can be resolved by contacting our customer support team at support@MachineZone.com. In the unlikely event that we are unable to resolve your concerns and a dispute remains, this Section explains how you and we agree to resolve it. As explained in more detail below, we each agree to resolve any dispute between us through binding arbitration or small claims court instead of in courts of general jurisdiction.
Agreement to Arbitrate; Exceptions
If we cannot resolve our dispute through customer support, YOU AND WE AGREE TO RESOLVE ALL DISPUTES AND CLAIMS BETWEEN US IN INDIVIDUAL BINDING ARBITRATION, INCLUDING CLAIMS CONCERNING ANY ASPECT OF THE RELATIONSHIP BETWEEN US, YOUR DECISION TO DOWNLOAD OR ACCESS AN MZ SERVICE, YOUR USE OF AN MZ SERVICE, ANY USER CONTENT, OR YOUR ACCOUNT. This Agreement to Arbitrate is intended to be interpreted broadly, and applies to all legal claims under any legal theory (whether based in contract, tort, statute, fraud, misrepresentation, or any other legal theory), and applies to any disputes or claims that you assert or that arise even after you stop using or delete your MZ Account for an MZ Service, stop using an MZ Service, or delete an MZ Service application from your mobile device. This Agreement to Arbitrate also applies to any claims that are currently the subject of a purported class action litigation in which you are not a member of a certified class. If you and we have a dispute about whether this Agreement to Arbitrate can be enforced or applies to our dispute, you and we agree that the arbitrator will decide that issue as well.
An arbitration is a proceeding before a neutral arbitrator, instead of before a judge or jury. Arbitration is less formal than a lawsuit in court, and provides more limited discovery. It follows different rules than court proceedings, and is subject to very limited review by courts. The arbitrator will issue a written decision and provide a statement of reasons if requested by either party. YOU UNDERSTAND THAT YOU AND WE ARE GIVING UP THE RIGHT TO SUE IN COURT AND THE RIGHT TO HAVE A TRIAL BEFORE A JUDGE OR JURY.
This Section 14, however, does not apply to the following types of claims or disputes, which you or we may bring in court in accordance with Section 15 below:
(1) claims of infringement or other misuse of intellectual property rights, including such claims seeking injunctive relief; and
(2) claims for preliminary injunctive relief for violations of sections 4 and 6 herein.
This Section does not prevent you from bringing your dispute to the attention of any federal, state, or local government agencies that can, if the law allows, seek relief from us for you. Also, any of us can bring a claim in small claims court either in Santa Clara County, California or the county where you live, or some other place we both agree on, if such claims meets all the requirements to be brought in that court.
To start an arbitration proceeding, use the form on AAA’s website (www.adr.org) or call the AAA at 1-800-778-7879.
Any arbitration under this section will take place pursuant to AAA rules and be conducted in Santa Clara County, California.
If your claim is for US$25,000 or less, we agree to reimburse your filing fee promptly upon being notified of the filing, or pay it for you if you are unable to pay it and we receive a written request from you. Also, if your claim is for US$25,000 or less, we agree to reimburse your share of the arbitration costs, including your share of arbitrator compensation, at the conclusion of the proceeding, unless the arbitrator determines your claims are frivolous or your costs are unreasonable as determined by the arbitrator. If you seek more than US$25,000, the arbitration costs, including arbitrator compensation, will be split between you and us according to the AAA Commercial Arbitration Rules and the AAA’s Supplementary Procedures for Consumer Related Disputes, if applicable. Irrespective of the amount you seek, neither party shall be entitled to have their attorneys’ fees or costs paid by the other party, provided, however, that we are entitled to recover our attorneys’ fees and costs in arbitration if the arbitrator determines that your claims are frivolous or your costs are unreasonable.
For EU Users
In the event of any controversy or claim arising out of or relating to this contract, including any question regarding its existence, validity, termination or breach thereof, the parties hereto shall consult and negotiate with each other and, recognizing their mutual interests, attempt to reach a satisfactory solution. If they do not reach settlement within a period of 60 days, then, upon notice by any party to the other(s), any unresolved controversy or claim shall be settled by arbitration administered by the International Centre for Dispute Resolution (“ICDR”) in accordance with the provisions of its International Arbitration Rules. The place of arbitration shall be in London, England. The number of arbitrators shall be one. The language to be used in the arbitral proceedings shall be English. Except as may be required by law, neither a party nor its representatives may disclose the existence, content, or results of any arbitration hereunder without the prior written consent of MZ.
Class Action Waiver
For disputes arising between MZ and you, or any other user, that are subject to this Agreement to Arbitrate, you and we agree that we can only bring a claim against each other on an individual basis. NEITHER YOU NOR WE CAN BRING A CLAIM AS A PLAINTIFF OR CLASS MEMBER IN A CLASS ACTION, CONSOLIDATED ACTION, OR REPRESENTATIVE ACTION. THE ARBITRATOR CANNOT COMBINE MORE THAN ONE PERSON’S CLAIM INTO A SINGLE CASE, AND CANNOT PRESIDE OVER ANY CONSOLIDATED, CLASS, OR REPRESENTATIVE ARBITRATION PROCEEDING, UNLESS WE BOTH AGREE OTHERWISE IN WRITING. THE ARBITRATOR’S DECISION OR AWARD IN ONE PERSON’S CASE CAN ONLY AFFECT THE PERSON WHO BROUGHT THE CLAIM, NOT OTHER USERS OF MZ SERVICES, AND CANNOT BE USED TO DECIDE DISPUTES WITH OTHERS.
If a court decides that this “Class Action Waiver” subsection is not enforceable or is invalid, then Section 14 shall cease to have effect, however, the remaining portions of the Terms and Conditions will remain in full force and effect.
Service of Process
To initiate arbitration or any legal proceeding against MZ, please serve initiating documents on MZ’s registered agent for service of process at: The Corporation Trust Company, Corporation Trust Center 1209 Orange Street, Wilmington, Delaware 19801.
Changes to this Section 14
We agree to provide you with 5 days’ notice through the applicable MZ Service if we change this Section 14. Notwithstanding any provision in this License to the contrary, we agree that if we make any future change to this Section 14, you may reject any such change by sending us written notice within 30 days of the change to: email@example.com.
15. Applicable Law.
For Users other than EU Users
For claims not required to be arbitrated under Section 14, or in the event the arbitration provision in Section 14 is deemed unenforceable or voided, you agree that any claim asserted in any legal proceeding by you against us shall be commenced and maintained exclusively in any state or federal court located in Santa Clara County, California having subject matter jurisdiction with respect to the dispute between the parties and you hereby consent to the exclusive jurisdiction of such courts. In any dispute arising between us, the prevailing party will be entitled to attorneys’ fees and expenses.
For EU Users
16. Third Party Promotions and Links.
MZ Services may contain advertisements and other promotional content from third parties, including links to third party websites or vendors (collectively "Third Party Promotions "), some of which may invite you to participate in promotional offers in return for receiving optional services and/or In-Service Content. Some of these Third Party Promotions may charge separate fees, which are not included in any fees that you may pay to us. Any separate charges or obligations you incur in your dealings with such third parties are your responsibility. We make no representation or warranty regarding any content, goods and/or services contained in such Third Party Promotions and will not be liable for any claim relating thereto. We exercise no control over Third Party Promotions, and MZ has no responsibility for their content, goods, services, performance, operation, availability, business practices or policies. We are providing these Third Party Promotions to you only as a convenience, and we do not imply any endorsement or recommendation of their content, goods, or services. If you decide to access any of these Third Party Promotions, you do so entirely at your own risk. Third Party Promotions including third party websites are subject to their own terms and policies, including privacy and data gathering practices.
17. Ownership; Trademarks and Copyrights.
All rights, title and interest in and to MZ Services (including without limitation any games, titles, content, computer code, themes, objects, characters, character names, stories, dialogue, catchphrases, concepts, artwork, animations, sounds, musical compositions, audio-visual effects, methods of operations, moral rights, documentation, in-Service chat transcripts, character profile information, and recordings) are owned by MZ. MZ reserves all rights, including without limitation all intellectual property rights or other proprietary rights in connection with MZ Services.
The trademarks “MZ,” “Machine Zone,” “Game of War,” “Game of War: Fire Age,” “Epic War,” “Mobile Strike,” “RTplatform,” “Realtime,” “MZ Realtime,” and logos associated with each of the foregoing, are trademarks of MZ and its subsidiaries and affiliates, and all trademarks, logos and service marks (collectively, "Marks") displayed on or in MZ Services are either our property or the property of third parties. Similarly, all artwork and other protectable expression in MZ Services are either our property or the property of third parties and protected by Copyright law. Marks, artwork, images, music, and any other protectable expression may not be copied, imitated or used without written permission from the owner.
18. Digital Millennium Copyright Act (“DMCA“) Notice.
MZ responds to allegations of copyright violations in accordance with the Digital Millennium Copyright Act (“DMCA”). The DMCA provides a process for a copyright owner to give notification to an online service provider concerning alleged copyright infringement. When MZ receives a valid DMCA notification, it may expeditiously take down the offending content. On taking down content under the DMCA, we will take reasonable steps to contact the owner of the removed content, including by forwarding them a copy of the Notice and the name and email address of the person submitting the Notice, so that a Counter Notice may be filed. On receiving a valid Counter Notice, we generally restore the content in question, unless we receive notice from the notification provider that a legal action has been filed seeking a court order to restrain the alleged infringer from engaging in the infringing activity.
Please note: The DMCA provides that you may be liable for damages (including costs and attorneys’ fees) if you falsely claim that content is infringing your copyright. We recommend contacting an attorney if you are unsure whether your content is protected by copyright law or whether content is infringing on your copyright.
To Submit a Notice:
If you believe that In-Service content infringes on your copyright, you must submit a written notification to MZ either by email or written letter (regular mail or courier). The Notice must include the following:
- An identification of the copyright you claim has been infringed (i.e., your copyrighted material);
- A description of the nature and exact location of the content you claim infringes your copyright;
- Your name, address, telephone number, and email address;
- Statements by you that: (a) you have a good faith belief that the use of the copyrighted materials described above and contained on the service is not authorized by the copyright owner, its agent, or by protection of law; and that (b) you swear, under penalty of perjury, that the information in the notification is accurate and that you are the copyright owner or are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; and
- A physical signature of the copyright owner or a person authorized to act on their behalf. To satisfy the signature requirement, please designate electronic signatures by typing a forward slash before and after your name (e.g., /Jane Doe/).
Send the written Notice to the designated Copyright Agent at MZ by emailing us at firstname.lastname@example.org or by sending the Notice to:
Machine Zone, Inc.
Attn: Designated Copyright Agent
2225 East Bayshore Road, Suite 200
Palo Alto, California 94303
To Submit a Counter Notice:
Under the DMCA, a Counter Notice is a legal means to state your objection to a DMCA Notice. If you have received a DMCA Notice from MZ, or have been otherwise advised by MZ that your account was the subject of a DMCA Notice, and you dispute that your material is infringing or believe that the material removed or disabled was as a result of a mistake or misidentification of the material to be removed or disabled, you may submit a Counter Notice.
MZ shall not be liable for any delay or failure to perform resulting from causes outside the reasonable control of MZ, including without limitation any failure to perform hereunder due to unforeseen circumstances or causes beyond MZ’s control, such as acts of God, war, terrorism, riots, embargoes, acts of civil or military authorities, fire, floods, accidents, strikes, or shortages of transportation facilities, fuel, energy, labor or materials.
For Australia and New Zealand Users Only:
Upon termination of your account, MZ will take all reasonable steps to destroy or de-identify your personal information. You acknowledge that some information about you may be retained where required by law or for data back-up purposes.
For European Union Users Only:
If you reside in the European Union, you acknowledge that you will no longer have the right to cancel under the EU's Consumer Rights Directive (or implementing legislation in the country where you are located) once we start to supply you with the In-Service Item.