ZQGame Inc. (“ZQGame”) provides free-to-play, web browser and client based, massively multiplayer online role-playing games.(the “Game”),as listed the official ZQGame, Inc. website @ www.zqgame.com. For purposes of this Agreement (defined below), “you” and “your” mean the user of the computer on which the Game will be or has been installed.
1. Use License
Permission is granted to temporarily download one copy of the materials (information or software) on ZQGame Inc's web site for personal, non-commercial transitory viewing only. This is the grant of a license, not a transfer of title, and under this license you may not:
A. Modify or copy the materials;
B. Use the materials for any commercial purpose, or for any public display (commercial or non-commercial);
C. Attempt to decompile or reverse engineer any software contained on ZQGame Inc's web site;
D. Remove any copyright or other proprietary notations from the materials; e. Or transfer the materials to another person or "mirror" the materials on any other server.
This license shall automatically terminate if you violate any of these restrictions and may be terminated by ZQGame Inc at any time. Upon terminating your viewing of these materials or upon the termination of this license, you must destroy any downloaded materials in your possession whether in electronic or printed format.
The materials on ZQGame Inc's web site are provided "as is". ZQGame Inc makes no warranties, expressed or implied, and hereby disclaims and negates all other warranties, including without limitation, implied warranties or conditions of merchantability, fitness for a particular purpose, or non-infringement of intellectual property or other violation of rights. Further, ZQGame Inc does not warrant or make any representations concerning the accuracy, likely results, or reliability of the use of the materials on its Internet web site or otherwise relating to such materials or on any sites linked to this site.
In no event shall ZQGame Inc or its suppliers be liable for any damages (including, without limitation, damages for loss of data or profit, or due to business interruption,) arising out of the use or inability to use the materials on ZQGame Inc's Internet site, even if ZQGame Inc or a ZQGame Inc authorized representative has been notified orally or in writing of the possibility of such damage. Because some jurisdictions do not allow limitations on implied warranties, or limitations of liability for consequential or incidental damages, these limitations may not apply to you.
4. Revisions and Errata
The materials appearing on ZQGame Inc's web site could include technical, typographical, or photographic errors. ZQGame Inc does not warrant that any of the materials on its web site are accurate, complete, or current. ZQGame Inc may make changes to the materials contained on its web site at any time without notice. ZQGame Inc does not, however, make any commitment to update the materials.
ZQGame Inc has not reviewed all of the sites linked to its Internet web site and is not responsible for the contents of any such linked site. The inclusion of any link does not imply endorsement by ZQGame Inc of the site. Use of any such linked web site is at the user's own risk.
6. Governing Law
Any claim relating to ZQGame’s website shall be governed by the laws of the State of California without regard to its conflict of law provisions.
A. Intellectual Property. All rights and title in and to the Properties, and all content included therein (including, without limitation, user accounts, computer code, titles, objects, artifacts, characters, character names, locations, location names, stories, story lines, dialogue, catch phrases, artwork, graphics, structural or landscape designs, animations, sounds, musical compositions and recordings, audio-visual effects, character likenesses, and method of operation) are owned by ZQGame or its licensors. The Properties, and all content therein are protected by United States and other international intellectual property laws. ZQGame and its licensors reserve all rights in connection with the Properties, including, without limitation, the exclusive right to create derivative works therefrom. You agree that you will not create any work of authorship based on the Properties except as expressly permitted by ZQGame.
B. Game Assets and Virtual Items. When using the Game, you may accumulate in-Game assets associated with your Account, including, without limitation, objects, artifacts, currency, items, equipment, and/or other value or status indicators (“Game Assets”) that reside on servers operated by ZQGame as data. You acknowledge and agree that such Game Assets are accumulated as part of your Account and therefore you shall have no ownership or other property interest in any of those Game Assets. You further acknowledge and agree that ZQGame has the right, but not the obligation, to delete, alter, move, remove, or transfer any and all Game Assets, in whole or in part, at any time and for any reason, with or without notice to you, and with no liability of any kind to you. ZQGame does not provide or guarantee, and expressly disclaims any value, cash or otherwise, attributed to any data residing on servers operating by ZQGame, including without limitation the Game Assets associated with your account.
If you have a valid, active Account, you may participate in our virtual currency service offering (“Virtual Items”), which can be purchased online through the official website and used to license certain Game Assets while playing the Game. They might also be provided to you by ZQGame as part of a promotion, or through other means, such as completing certain quests or achievements in the Game or through ZQGame-sponsored contests or sweepstakes. You agree that you will be solely responsible for paying any applicable taxes related to the acquisition of, use of or access to Virtual Currency. As ZQGame feels necessary, in its sole and absolute discretion, ZQGame may limit the total amount of Virtual Currency that may be purchased at any one time, and/or limit the total Gold that may be held in your Account in the aggregate. Additionally, price and availability of Virtual Currency and/or Virtual Items are subject to change without notice.
You are solely responsible for verifying that the proper amount of Virtual Currency has been added to or deducted from your Account during any given transaction, so please notify ZQGame immediately should you believe that a mistake has been made with respect to your Virtual Currency balance. ZQGame will investigate your claim, and in doing so, may request some additional information and/or documentation to verify your claim. ZQGame will let you know the results of the investigation, however, you acknowledge and agree that ZQGame has sole and absolute discretion in determining whether or not your claim is valid, and if so, the appropriate remedy.
YOU FURTHER ACKNOWLEDGE AND AGREE THAT THE VIRTUAL CURRENCY SYSTEM AND THE VIRTUAL ITEMS YOU ACQUIRE HAVE NO MONETARY VALUE AND CANNOT BE REDEEMED FOR CASH. NO REFUNDS WILL BE MADE FOR THE PURHCHASE OF VIRTUAL CURRENCY OR FOR VIRTUAL ITEMS OBTAINED USING VIRTUAL CURRENCY. Some Virtual Items you obtain may have expiration dates while others do not, and each Virtual Item you obtain using VIRTUAL CURRENCY will be included in your Account until the earlier of that Virtual Item’s expiration date, or your Account’s expiration or termination date, or such date when ZQGame ceases to offer or support the Game.
The sale or transfer of Virtual Items or VIRTUAL CURRENCY between users may only be conducted via services approved of and provided by ZQGame, if any, and ZQGame may terminate any Account that acts in contravention of this prohibition.
NOTWITHSTANDING ANYTHING TO THE CONTRARY HEREIN, YOU ACKNOWLEDGE AND AGREE THAT YOU SHALL HAVE NO OWERNSHIP OR OTHER PROPERTY INTERST IN YOUR ACCOUNT, AND YOU FURTHER ACKNOWLEDGE AND AGREE THAT ALL RIGHTS IN AND TO THE ACCOUNT ARE SHALL FOREVER BE OWNED AND INURE TO THE BENEFIT OF ZQGAME YOU ACKNOWLEDGE AND AGREE THAT YOU HAVE NO CLAIM, RIGHT, TITLE, ONWERSHIP OR OTHER PROPRIERTARY INTEREST IN THE GAME ASSETS, VIRTUAL ITEMS OR GOLD THAT YOU ACQUIRE, REGARDLESS OF THE CONSIDERATION OFFERED OR PAID IN EXCHANGE FOR GOLD OR VIRTUAL ITEMS. FURTHERMORE, ZQGAME SHALL NOT BE LIABLE IN ANY MANNER FOR THE DESTRUCTION, DELETION, MODIFICAITON, IMPAIRMENT, “HACKING,” OR ANY OTHER DAMAGE OR LOSS OF ANY KIND CAUSED TO THE GAME ASSETS, VIRTUAL ITEMS OR VIRTUAL CURRENCY, INCLUDING BUT NOT LIMITED TO THE DELETION OF GAME ASSETS, VIRTUAL ITEMS OR VIRTUAL CURRENCY UPON THE TERMINATION OR EXPIRATION OF YOUR ACCOUNT.
B. The Properties. In an effort to improve the Properties, you agree that ZQGame may change, modify, update, suspend, “nerf,” or restrict your access to any features or parts of the Properties, and may require that you download and install updates to the Software, at any time without notice or liability to you. You also understand and agree that any such changes or updates to the Properties might change the system specifications necessary to play the Game, and in such as case, you, and not ZQGame are responsible for purchasing any necessary additional software and/or hardware in order to access and play the Game.
Some aspects of the Game may require you to pay a fee, and you agree that you will provide accurate and complete payment information to the third-party payment provider used by ZQGame. You further agree to pay all fees and applicable taxes incurred by you or anyone using an Account registered to you. ZQGame may revise the pricing for the Game or any item associated therewith at any time. All fees and charges are payable in accordance with payment terms in effect at the time the fee or charge becomes due and payable. ZQGame may, from time to time, modify, amend, or supplement its fees and fee-billing methods, and such changes shall be effective immediately upon posting in this Agreement or elsewhere on the Site or in the Game. If there is a dispute regarding payment of fees to ZQGame, your Account may be closed without warning or notice at the sole discretion of ZQGame.
YOU ACKNOWLEDGE AND AGREE THAT ANY APPLICABLE FEES AND OTHER CHARGES FOR FEE-BASED SERVICES (INCLUDING WITHOUT LIMITATION GOLD) ARE PAYABLE IN ADVANCE AND NOT REFUNDABLE IN WHOLE OR IN PART. YOU ARE FULLY LIABLE FOR ALL CHARGES TO YOUR ACCOUNT INCLUDING ANY UNAUTHORIZED CHARGES.
ZQGAME, UNDER ITS SOLE DISCRETION, MAY SUSPEND, TERMINATE, MODIFY, OR DELETE ACCOUNTS AT ANY TIME FOR ANY REASON OR FOR NO REASON, WITH OR WITHOUT NOTICE TO YOU. ZQGame may stop offering and/or supporting the Service at any time. You may terminate this Agreement at any time simply by not using the Site or the Game. If you wish to terminate your Account, you must affirmatively do so by notifying ZQGame at firstname.lastname@example.org.
11. Prohibited Activities
The list of policies below is meant to give the player an understanding of the types of activities that are prohibited within ZQGame titles. This list has been provided to our players as a general guideline for the various prohibited activities and is not intended to be an all-inclusive outline of every prohibited activity within our games. ZQGame has sole discretion over whether or not a given player action violates our Terms of Service.
12. Offensive Language and Harassment
The use of offensive language in-game expressed through, but not limited to, character name, in-game chat, or any other form of in-game expression is strictly prohibited. Directing offensive language at another player is considered harassment and is strictly prohibited. All claims of harassment and offensive language use are evaluated on a case by case basis and the action taken can be varied based upon the situation at that time. ALL PLAYERS INVOLVED IN A HARASSMENT INVESTIGATION MAY BE PENALIZED BY ZQGAME.
Offensive language includes, but is not limited to:
A. The use of language that is generally considered unacceptable in a public venue
B. Any language that is purposely meant to harm or harass ZQGame or a third party
C. Any language that promotes the discrimination of any race, nationality, religion, sexual orientation or gender
Inappropriate conduct that does not fit into any of the above categories will be evaluated at ZQGame’s discretion.
In accordance with our privacy and confidentiality policies, ZQGame will not inform the victim of any disciplinary action that was issued. Players found guilty of offensive language or harassment may be banned or muted.
13. Chat Spam
Spamming is the act of abusing the chat feature in a way that prevents other players from using it effectively. Spamming also includes the advertisement of third party products or services. ZQGame holds sole discretion over whether a player is found to be spamming. Players found to be spamming may be banned or muted.
In-game scams are defined as any inappropriate actions meant to defraud a fellow player. Players participating in scams may be permanently banned.
15. Game Modification
Using third party programs, tools, or modified game files in ANY ZQGame title is strictly prohibited and is grounds for a permanent ban. During the course of an account investigation, players may be requested to respond to or comply with a GM instruction. Failure to do so is considered a violation of our Terms of Service and may result in disciplinary action being taken against the account. Sharing and/or distributing such programs or game files as well as talking about them with other players in any manner (Facebook, Forums, private chat, etc.) is strictly prohibited as well.
Modifying, analyzing, integrating and reverse engineering game data is also prohibited.
16. Bug Exploitation
Exploiting a bug or other game system that is not running as intended in any ZQGame title is strictly prohibited and is grounds for a permanent ban. ZQGame holds sole discretion over which aspects of its games are not running as intended. During the course of an account investigation, players may be requested to respond to or comply with a GM instruction. Failure to do so is considered a violation of our Terms of Service and may result in disciplinary action being taken against the account. Sharing and/or distributing information regarding such bugs or exploits in any manner (Facebook, Forums, private chat, etc.) is strictly prohibited as well.
17. Selling and Buying of Virtual Assets is Prohibited
This covers the following but is not limited to:
B. In-game Currency
C. In-game Services
D. In-game Item(s)
18. Buying and Selling To a 3rd Party
Items and in-game currency obtained illegally through 3rd party tools or purchased from a third party can affect the game’s economic stability and disrupt game balance. Some 3rd party programs contain viruses and spyware, which can be harmful to other players. This can lead to a leak of a user’s personal data, character deletion, or other unfortunate circumstances. We have a zero tolerance policy for selling and purchasing of accounts from a third party. Such accounts will be permanently banned.
19. Sharing Account Information
The sharing or lending of account or login information to another player is strictly prohibited. Accounts found to be shared or lent may be permanently banned.
Impersonating ZQGame or one of its employees is strictly prohibited. This includes but is not limited to:
A. Claiming to be a ZQGame employee
B. Making statements on behalf of ZQGame
C. Creating a character name with the words ZQ or any other strings that attempt to impersonate a ZQGame employee. ZQGame holds sole discretion over which character names are to be considered prohibited
General Terms and Conditions applicable to Use of a Web Site.