TERMS OF USE

These terms of use and our Privacy Policy, which is incorporated herein by reference (collectively, “Terms of Use”), govern the relationship between you and MZ and your use of any online or mobile product or service to which you have access, any product or service that requires an internet connection or MZ Account to access, install, use, or play, any MZ Account you use to access online or mobile products or services, and any MZ website, including but not limited to www.mz.com, www.machinezone.com, www.gameofwarapp.com, www.epicwar-online.com, and www.mobilestrikeapp.com, and any service accessible from an MZ webpage (collectively, the “MZ Services”) offered by Machine Zone, Inc. or any of its subsidiaries and affiliates (collectively, “MZ” or “we” or “us”). Each MZ Service may have its own specific Terms of Use and Privacy Policy, and if you download, access, or use an MZ Service, you agree to also be bound by its specific Terms of Use and Privacy Policy.

SECTION 14 OF THESE TERMS OF USE CONTAINS A BINDING ARBITRATION AGREEMENT AND CLASS ACTION WAIVER, WHICH AFFECT YOUR LEGAL RIGHTS. PLEASE READ IT CAREFULLY.
1.  Your Acceptance of these Terms of Use.

These Terms of Use form a legal agreement between you and MZ. When you use an MZ Service, you agree to be bound by all of the terms, conditions, and restrictions in these Terms of Use. Please read them carefully.

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

Subject to your agreement and continuing compliance with these Terms of Use and MZ’s policies, MZ grants you a non-exclusive, non-transferable, non-sublicensable, revocable limited license subject to the limitations below to access and use MZ Services. Unless otherwise specified, MZ Services are for your personal and non-commercial use. Unless otherwise specified, you may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any information, software, products or services obtained from MZ Services.

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.

Eligibility

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.

You also may not use MZ Services if: (i) you cannot enter into a binding contract with us and your legal guardian has not agreed to these Terms of Use on your behalf; (ii) you are a convicted sex offender; or (iii) we have previously banned you from using an MZ Service.

If you are between the ages of 13 and 17, or under the age of majority where you live, you may not use MZ Services unless your parent or legal guardian has reviewed and agreed to these Terms of Use and the specific Terms of Use for that MZ Service.

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.

3.  Modification of Terms of Use.

We reserve the right to modify these Terms of Use from time to time by posting updated versions in MZ Services or otherwise notifying you of changes through MZ Services. Unless we state otherwise, changes are effective when we post or notify you of them. By continuing to use an MZ Service after the posting of changes to these Terms of Use, you agree to the changes and the updated Terms of Use.

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.

You acknowledge that any purported transfers of MZ Service Accounts or In-Service Content in violation of this Section, including but not limited to transfers in exchange for money or other compensation, are void and breach these Terms of Use, and that we have no responsibility to assist you in connection with completing any such transaction. We may terminate or suspend your MZ Account and/or your right to access or use MZ Services if we discover or reasonably believe that you have attempted to buy, sell, rent, lease, license, or transfer your MZ Account or associated In-Service Content, or used or accessed an account or In-Services Content transferred by another user, or linked to or otherwise endorsed or identified any websites, organizations, or persons that attempt to buy, sell, rent, lease, license, or transfer accounts or In-Service Content in violation of this Section.

5.  Intellectual Property Rights in MZ Services.

Except for the limited license granted herein, we and our licensors retain all right, title and interest in and to MZ Services, including all content made available through MZ Services and the technology and software used to provide MZ Services. MZ Services are protected by copyright, trademark and other laws. If you violate these Terms of Use, you may be breaking the law, including by violating our intellectual property rights. We and our licensors may actively protect our intellectual property rights in the event you violate these Terms of Use. In addition, you agree not to modify, create derivative works of, decompile, or otherwise attempt to extract source code from us.

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.

9.  Information Collection and Use; Privacy Policy.

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).

Our Privacy Policy sets out detailed information regarding our collection, use and sharing of information from and about you. When you download or access an MZ Service, you acknowledge and accept that our general and that MZ Service’s specific Privacy Policy applies to you. You should carefully review such Privacy Policies and, if you do not agree with them, you should not use MZ Services.

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@mz.com with the subject entitled "Termination."

We reserve the right to suspend or discontinue MZ Services or any part of them at any time, including any features, game elements and In-Service Content and revoke any and all licenses provided to you under these Terms of Use. If that happens, we are not required to provide refunds, benefits or other compensation to you for discontinued elements of MZ Services or for any In-Service Content previously earned or purchased, and you will have no further right to access your account or use MZ Services. WE MAY, IN OUR SOLE DISCRETION, LIMIT, SUSPEND, TERMINATE, MODIFY, OR DELETE ACCOUNTS OR ACCESS TO MZ SERVICES OR ANY PORTION OF THEM, AND PROHIBIT ACCESS TO MZ SERVICES AND THE CONTENT, SERVICES AND TOOLS AVAILABLE THROUGH MZ

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.

13.  Indemnity.

If you misuse MZ Services, violate the law, or violate these Terms of Use, and your violation results in loss or damage or a claim or liability against us, you agree to indemnify, defend and hold us harmless from (which means you agree to compensate us for) that loss, damage, claim or liability, including our legal fees and expenses. We may take exclusive charge of the defense of any legal action for which you are required to indemnify us under this Section, at your expense. You agree to cooperate in our defense of these actions. We will use reasonable efforts to notify you of any claim for which you are obligated to indemnify us. This Section will apply even if you stop using MZ Services or your MZ Account is deleted.

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.

Overview

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@mz.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.

The Federal Arbitration Act applies to this Section 14. The arbitration will be governed by the Commercial Arbitration Rules of the American Arbitration Association (“AAA”) and, where applicable, the AAA’s Supplementary Procedures for Consumer Related Disputes, as modified by these Terms of Use, both of which are available at http://www.adr.org. The arbitrator will be bound by these Terms of Use.

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: legal@mz.com.

15.  Applicable Law.
For Users other than EU Users

You agree that these Terms of Use shall be deemed to have been made and executed in the State of California, U.S.A. and that any dispute arising under the Terms of Use, as well as any other dispute or claim that may arise between you and us, shall be governed by and resolved in accordance with the laws of the State of California, without regard to conflict of law provisions or principals.

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

You agree that these Terms of Use shall be governed by the laws of England, excluding the law of conflicts and the Convention on Contracts for the International Sale of Goods (CISG). However, where the laws of England provide a lower degree of consumer protection than the laws of your country of residence, the consumer protection laws of your country shall prevail. In any dispute arising between us, the prevailing party will be entitled to attorneys’ fees and expenses.

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:

  1. An identification of the copyright you claim has been infringed (i.e., your copyrighted material);
  2. A description of the nature and exact location of the content you claim infringes your copyright;
  3. Your name, address, telephone number, and email address;
  4. 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
  5. 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 legal@mz.com 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.

19.  Miscellaneous.

Except as otherwise expressly set forth in these Terms of Use, in the event that any provision of these Terms of Use shall be held by a court or other tribunal of competent jurisdiction to be unenforceable, such provision will be enforced to the maximum extent permissible and the remaining portions of these Terms of Use shall remain in full force and effect. These Terms of Use constitute and contain the entire agreement between you and us with respect to the subject matter hereof and supersedes any prior oral or written agreements. You agree that these Terms of Use are not intended to confer and do not confer any rights or remedies upon any person other than the parties to these Terms of Use.

If we provide a translated version of these Terms of Use or any other terms or policy incorporated or referenced in these Terms of Use, it is for informational purposes only. If the translated version means something different than the English version, then the English meaning will be the one that applies.

If we do not enforce a provision of these Terms of Use, that does not waive our right to do so later. And, if we do expressly waive a provision of these Terms of Use, that does not mean it is waived for all time in the future. Any waiver must be in writing and signed by both you and us to be legally binding.

MZ is subject to existing laws and legal process, and we may comply with law enforcement or regulatory requests or requirements notwithstanding any term to the contrary in these Terms of Use.

We may notify you via postings on www.mz.com or via e-mail or via any other contact information you provide to us. All notices given by you or required from you under these Terms of Use or the MZ Privacy Policy shall be in writing and addressed to: Machine Zone, Inc. Attn: Legal@mz.com. Any notices that you provide that do not comply with these requirements shall have no legal effect.

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.