MZ - Terms of Use

Terms of Use

Last Updated: June 28, 2017

These terms of use and our Privacy Policy which is incorporated herein by reference (collectively, “Terms of Use”) govern the relationship between you and Machine Zone, Inc. or any of its subsidiaries and affiliates (collectively, “MZ” or “we” or “us”) relating in any way to 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.comwww.machinezone.comwww.gameofwarapp.comwww.epicwar-online.comwww.mobilestrikeapp.com, www.finalfantasyxvapp.com, www.epicaction-online.com and any service accessible from an MZ webpage (collectively, the “MZ Services”) offered by MZ. 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 THAT WAIVE YOUR RIGHT TO A COURT HEARING OR JURY TRIAL.

1.  Your Acceptance of these Terms of Use

These Terms of Use form a legal agreement between you and MZ.  When you use a 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 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 a MZ Service. 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 for your own non-commercial entertainment purposes.  You agree not to use MZ Services for any other purpose.

 

Login Information and Your MZ Account

Within MZ Services, you may create an account with us 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 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, loss of In-App Purchases, Service Charges or other changes to your account and/or account status, whether or not authorized by you.  MZ will not be responsible for anything that happens through or to your account and/or account status as a result of you allowing any third party to access your Login Information and/or 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 MZ Services 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; (iii) you do not agree to these Terms of Use; or (iv) we have previously banned you from using MZ Services.

If you are 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.  

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.   MZ Services is not endorsed by Google or Apple.  If you create an account with any mobile application platform, you are subject to any terms and conditions imposed by the mobile application platform and you understand that any obligations imposed by such mobile application platform are in addition to your obligations under these Terms of Use.

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, sending you a notice to the e-mail address we have on file, or otherwise notifying you of changes through MZ Services.  Unless we state otherwise, changes are effective when we post or notify you of them or thirty (30) days after they are posted in MZ Services, whichever is earlier. By continuing to use MZ Services thereafter, you agree to the changes and the updated Terms of Use.  We will not enforce future material changes without your express agreement to them.  Without limitation to the foregoing, this provision does not apply in New Jersey.

4.  No Transfer of Accounts or In-Service Content

 

Your account is for your personal 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 “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 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, (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, and (6) create or permit to exist an interest or arrangement of any kind, which in substance secures the payment of money or performance of any obligation or gives a creditor priority over unsecured creditors, over any of your rights with respect to MZ Services, your MZ account or In-Service Content

 

You acknowledge that any purported transfers of MZ 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 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-Service 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 is 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 (including by seeking injunctive relief).  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. To the extent permitted by applicable law, you waive any moral rights you may have in such suggestions and feedback (such as the right to be identified as the author).

6.  Code of Conduct

 

You agree to comply with the following requirements (our "Code of Conduct") when you use MZ Services:

 

  1. You will not to disrupt or attempt to disrupt MZ Services or any other person’s use or enjoyment of MZ Services.
  2. 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 security mechanisms for MZ Services.
  3. 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.
  4. You will not make any automated use of MZ Services, or take any action that imposes an unreasonable burden on our infrastructure.
  5. 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.
  6. You will not override any security feature or restrictions on use of MZ Services that we may implement.
  7. You will not improperly use our support services, including by submitting false reports.
  8. 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.
  9. Except where permitted by law, you will not copy, modify or distribute content from MZ Services except as specifically authorized by us.
  10. 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 account, or any portion of your account, and/or subject you to any of the penalties identified in Section 11.

7. Your Interactions with Other Users. 

You are solely responsible for your interactions with other players with whom you interact through MZ Services. 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.”

Being aware now of this code section, you expressly waive and relinquish all rights and benefits which you may have had thereunder which were existing up until the moment you consented to these Terms of Use.  Moreover, you also expressly waive any other similarly statute or common law principle of similar effect to California Civil Code §1542.

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 a 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, slanderous material, or material that violates any local, state, or federal law, rule, or regulation.

 

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 publish, reproduce, distribute, and otherwise use your User Content and any modifications thereto in connection with MZ Services in any media now known or hereafter developed, at any time or times, 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 and we are not under any obligation to pre-screen 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 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.  We have the right to investigate violations of these Terms of Use or conduct that affects the Services.  We may also consult and cooperate with law enforcement authorities to prosecute users who violate the law.

 

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 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 use MZ Services, you acknowledge and accept that the Privacy Policy applies to you.  You should carefully review the Privacy Policy and, if you do not agree with it, you should not use MZ Services.

 

By downloading or using MZ Services, you also acknowledge and accept that we may send you unsolicited commercial electronic messages in connection with MZ Services, including advertising material.

 

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 are 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.

You agree that you have no ownership interest in your MZ Services 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 or goods 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-GAME 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 account at any time, for any reason or no reason, by issuing an in-game 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 IT, AND PROHIBIT ACCESS TO MZ SERVICES AND THE CONTENT, SERVICES AND TOOLS AVAILABLE THROUGH MZ SERVICES, OR DELAY OR REMOVE USER CONTENT, AND WE ARE UNDER NO OBLIGATION TO COMPENSATE YOU FOR ANY LOSSES OR RESULTS.

Upon termination of your account for any reason, you agree to no longer access (or attempt to access) MZ Services.  If your account is terminated, certain provisions of this Agreement will apply after such termination, including Section 14’s mandatory arbitration provision and class action waiver.

 

12.  Disclaimer; Limitation of Liability

 

MZ SERVICES IS 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, VEHICLE OR OTHER ITEMS IN THIS GAME DOES NOT INDICATE AFFILIATION, SPONSORSHIP, OR ENDORSEMENT BY ANY MANUFACTURER.  ALL TRADEMARKS RELATING TO ANY WEAPONS, GEAR, VEHICLES OR OTHER ITEMS IN THIS GAME ARE THE EXCLUSIVE PROPERTY OF THEIR RESPECTIVE OWNERS.

YOU ACKNOWLEDGE THAT, EXCEPT IN THE CASE OF WILLFUL MISCONDUCT 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 PLAYERS OF MZ SERVICES.  Certain state and national laws, including the state law of New Jersey, 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.  Nothing in these Terms of Use shall exclude or limit our liability for (i) fraud; or (ii) death or personal injury caused by our negligence.

Where our liability cannot be limited or excluded by applicable law, our liability to you is limited, to the extent permitted by applicable law, to:

 

and you agree it is fair and reasonable, in all the circumstances, for our liability to be limited in this way.

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 account is deleted.  This Indemnification Provision does not apply in New Jersey.

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. 

In the event of any controversy or claim arising out of or relating to these Terms, including any question regarding its existence, validity, termination or breach thereof, or your use of MZ Services or any related services, the parties hereto shall consult and negotiate with each other and, recognizing their mutual interests, attempt to reach a satisfactory solution.  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 MZ SERVICES, YOUR USE OF MZ SERVICES, 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 account for MZ Services, stop using MZ Services, or delete MZ Services 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.  You and we agree that the arbitrator shall have the exclusive authority to resolve any dispute relating to the interpretation, applicability or enforceability of the terms or formation of this contract, including whether any dispute between us is subject to this Agreement to Arbitrate (i.e., the arbitrator will decide the arbitrability of any dispute) and whether all or any part of these terms are void or voidable.

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 Consumer Arbitration Rules (the “Rules”) of the American Arbitration Association (“AAA”) (including Rule 1(g) of those Rules that provides for arbitration through the submission of documents only/desk arbitration where no disclosed claims or counterclaims exceed $25,000), as modified by these Terms of Use.  The Rules 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 that is required to take place in person will take place pursuant to the Rules, which provide that face-to-face proceedings be conducted at a location which is reasonably convenient to both parties with due consideration of their ability to travel and other pertinent circumstances.  

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 fees, 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 Rules.  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 either party may seek to recover their attorneys’ fees and costs in arbitration if the arbitrator determines that the other party’s claims (or counterclaims) are frivolous or the other party’s costs are unreasonable.

 

For non-US Users:

 

In the event of any controversy or claim arising out of or relating to these Terms, 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”) (www.icdr.org) 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. The European Union also operates an online dispute resolution platform which can be found at www.ec.europa.eu/consumers/odr.

 

 

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.

 

YOU UNDERSTAND THAT YOU WOULD HAVE HAD A RIGHT TO LITIGATE THROUGH A COURT, TO HAVE A JUDGE OR JURY DECIDE YOUR CASE AND TO BE PARTY TO A CLASS OR REPRESENTATIVE ACTION.  HOWEVER, YOU UNDERSTAND AND CHOOSE TO HAVE ANY CLAIMS DECIDED INDIVIDUALLY AND ONLY THROUGH ARBITRATION.

 

Service of Process

 

To initiate arbitration or any legal proceeding against MZ, you must 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

Notwithstanding any provision in these Terms 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.

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.

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, computer code, themes, objects, characters, character names, stories, dialogue, catch phrases, concepts, artwork, animations, sounds, musical compositions, audio-visual effects, methods of operation, moral rights, documentation, in-game chat transcripts, character profile information, and recordings) are owned by MZ and its licensors.  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,” “Cognant,” “Game of War,” “Game of War: Fire Age,” “Epic Action,” “Epic War,” “Final Fantasy XV: A New Empire,” “Mobile Strike,” “Satori,” and logos associated with each of the foregoing, are trademarks of or licensed to MZ, and any other trademarks, logos and service marks (collectively, "Marks") displayed on, in or associated with 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-Game 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 E. Bayshore Road, Suite 200 Palo Alto, CA 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.  Electronic Signatures

You acknowledge and agree that by agreeing to this Agreement electronically that you are expressly agreeing to the terms set forth herein.  You acknowledge that your electronic submission constitutes your agreement and intent to be bound by the terms of this Agreement.  Pursuant to any applicable statutes, regulations, rules, ordinances or other laws, including without limitation the United States Electronic Signatures in Global and National Commerce Act, P.L. 106-229 (the “E-Sign Act”) or other similar statutes, YOU HEREBY AGREE TO THE USE OF ELECTRONIC SIGNATURES, CONTRACTS, ORDERS AND OTHER RECORDS AND TO ELECTRONIC DELIVERY OF NOTICES, POLICIES AND RECORDS OF TRANSACTIONS INITIATED OR COMPLETED THROUGH THE SITE OR SERVICES OFFERED BY MZ. Further, you hereby waive any rights or requirements under any statutes, regulations, rules, ordinances or other laws in any jurisdiction which require an original signature or delivery or retention of non-electronic records, or to payments or the granting of credits by other than electronic means.

20. Notice for California Users

Under California Civil Code Section 1789.3, users of the Website from California are entitled to the following specific consumer rights notice: The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 1625 North Market Blvd., Suite N 112, Sacramento, CA 95834, or by telephone at (916) 445-1254 or (800) 952-5210.  MZ may be contacted in writing at MZ LLC, 2225 E. Bayshore Road, Suite 200, Palo Alto, CA 94303.

 

21. 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.  Except as otherwise expressly provided herein, 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.

MZ reserves the sole and exclusive right to assign any or all of its rights and obligations under this Agreement, in whole or in part, to any party at any time without any notice. This Agreement may not be assigned by you, and you may not delegate your duties under them.

 

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.

By providing the consent in paragraph 9, we may not be required under Australian privacy legislation to take reasonable steps to ensure that the overseas recipient of your personal information does not breach the Australian Privacy Principles in relation to your personal information, and we are not responsible for a failure of the overseas recipient to comply with Australian privacy legislation.  You should be aware that overseas recipients may not be subject to privacy legislation which is as stringent as the legislation which applies in Australia.

 

For EU Users Only:

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.

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-Game Item.

22.  Contact Information.

This website and the MZ Services are operated and provided by Machine Zone, Inc.  If you have any questions, comments or concerns regarding our policies and/or practices, please send an e-mail to support@mz.com.

23.  Disclaimer.

REFERENCE TO, OR DEPICTION OF, ANY WEAPON, VEHICLE, OR GEAR IN THE MZ SERVICES DOES NOT INDICATE AFFILIATION, SPONSORSHIP, OR RENDORSEMENT BY ANY MANUFACTURER.  ALL TRADEMARKS IN THE MZ SERVICES ARE THE EXCLUSIVE PROPERTY OF THEIR RESPECTIVE OWNERS.

© Machine Zone, Inc., 2017.  All Rights Reserved.