TERMS AND CONDITIONS OF USE OF THE WEBSITE
This “Terms and Conditions of use of the website” is a legally binding agreement that governs the use of www.iz.com which is the property of ZED WORLDWIDE S.A. and/or the games and applications offered by ZED and accessed through third party web sites. In this Agreement, ZED is ZED WORLDWIDE S.A., having its registered office at Calle Rozabella 4, Edificio Bruselas, Complejo Europa Empresarial, 28230, Las Rozas and tax identification number (CIF) A-81593808, registered with the Register of Companies of Madrid in Volume 11,649, on Folio 13, Page M-183921, entry No. 1.
For the purpose of these “Terms and Conditions of Use of the website” (hereinafter referred to as “the Terms and Conditions”), the term User is understood to mean any person who uses the website or Content offered on the website and/or whose identification details are, where applicable, those provided directly by that person on the various forms that ZED invites users to complete in order to access, against payment or free of charge, Content offered on the website. The User is directly and solely responsible for the authenticity of the data provided.
Any use by the User of the website is subject to these Terms and Conditions and any applicable Special Terms and Conditions, and implies full, unconditional acceptance by the User of all the provisions of these Terms and Conditions. Please carefully read the Terms and Conditions, as well as any other information to which they refer, before using the site. If you do not agree to the Terms and Conditions, please leave the site. ZED reserves the right to amend the Terms and Conditions from time to time; we therefore recommend that you review them each time you access the site.
These Terms and Conditions constitute the entire agreement between the User and ZED in relation to use of the website. Moreover, insofar as the applicable laws allow, the provisions of these Terms and Conditions and any Specific Terms and Conditions applicable to the Content prevail over any publicity or advertising concerning the website and/or its content in the event that such publicity or advertising contradicts and/or was produced prior to the Terms and Conditions.
These Terms and Conditions do not rule out the possibility that certain products, services and/or content offered on the website will be subject to special terms and conditions which, where applicable, will be made available to the User.
1. RIGHT TO USE THE WEBSITE
ZED grants the User a limited, non-exclusive, revocable licence to use the website for his own entertainment, information and communication, in accordance with the provisions of these Terms and Conditions or any Special Terms and Conditions that may apply. The site contains informative material, multimedia content and other articles related to ZED and its products and services, as well as third-party content (hereinafter referred to as “Content”). The Content may appear in the form of information, texts, data, pictures, graphics, button icons, registered and unregistered trademarks, illustrations, photographs, audio clips, music, sounds, images, videos, software or other forms and formats now known or that may be invented in the future. When using the site, the User must respect the intellectual property rights of ZED and any third parties, in accordance with the provisions of these Terms and Conditions or any Special Terms and Conditions that may apply.
2. INTELLECTUAL PROPERTY
The Content of the website is protected by intellectual property laws, patents and other laws and treaties in force relating to intellectual property.
ZED or its Suppliers hold the intellectual and industrial property rights to the items that make up the design of the site, such as the brand, trade name or distinguishing mark. Logos, combinations of colours, the choice and form of presentation, the source code of the website, menus, navigation buttons, HTML code, Java applets, texts, images and graphics are protected by copyright, as is any other component of the site related to Content provided by ZED. The site and its Content are the exclusive property of ZED or its Suppliers. All the intellectual property rights and copyrights to the aforementioned Content are held by ZED or its Suppliers. Any unauthorised use of the Content by the User may infringe intellectual property rights of ZED or a third party.
Except where expressly permitted in these Terms and Conditions or rules displayed on the website, and unless the User has the express, written permission of ZED for that purpose, the User may not reproduce, distribute, publish, broadcast, modify, adapt, make available or communicate to the public, translate, display, distribute, sell, licence, prepare derivative works or use or exploit the Content in any manner other that permitted by ZED. No point in these Terms and Conditions may be interpreted to mean that the User is granted (indirectly, by the actions of ZED or in any other way) any licence or rights whatsoever to any Content protected by copyrights or by any other intellectual or industrial property right.
3. LOGOS AND BRANDS
The brands, logos and/or distinguishing marks published on this website are the property of ZED and/or third parties. Any brands, logos and/or distinguishing marks that are not the property of ZED belong to their respective owners and are used with permission. No point contained on this website may be interpreted as the granting (whether indirectly, by the actions of ZED or in any other way) of any licence or rights whatsoever to Users to use any brand belonging to either ZED or a third party.
4. USER DETAILS
5. CONDITIONS OF ACCESS TO THE WEBSITE AND USE OF CONTENT
Access to the ZED website is free of charge, although certain Content offered can only be obtained against payment.
The Contents may include a virtual, in-game currency (“Virtual Currency”) that may be purchased for “real world” money. The Service may also include virtual, in –game digital items (“Virtual Goods”) that may be purchased for “real world” money or for Virtual Currency.
Other than a limited, personal, revocable, non-transferable, non – sublicenseable license to use the Virtual Goods or Virtual Currency, the User have no right or title in or to any such Virtual Goods or Virtual Currency appearing or originating in the Contents.
ZED has the absolute right to manage, regulate, control, modify and/or eliminate such Virtual Currency and/or Virtual Goods as it sees fit in its sole discretion, and ZED shall have no liability to you or anyone for the exercise of such rights.
Transfers of Virtual Currencies and Virtual Goods are strictly prohibited except where explicitly authorized within the Content. Outside of the game, the User may not buy or sell any Virtual Currency or Virtual Goods for “real world” money or otherwise exchange items for value.
The User agrees that all sales of Virtual Goods and Currencies are final. No refunds will be given, except in our sole and absolute discretion. All virtual Goods and Currencies are forfeited if the User’s account is terminated or suspended for any reason, in ZED’s sole and absolute discretion, or if ZED discontinues providing the Contents.
In the event that the User is interested in obtaining Content that is offered against payment (such as the purchase of Virtual Currency and/or Virtual Goods of the Game), the User may choose from various payment methods for accessing Content offered for a certain price. Details of the different payment methods are provided in the Contents and site.
In order to use the Services or acquire Content offered on the website, the User states that he is at least eighteen (18) years of age or that the User is a legal adult in the country of residence.
The User undertakes to use the website in accordance with these Terms and Conditions, the applicable laws, principles of morality and proper conduct. In this sense, the User undertakes to:
- a) Refrain from using Content made available to him in any way or for any purpose that is illegal, is expressly prohibited in the Terms and Conditions or whose effects may infringe or jeopardise the rights, interests or property of ZED or a third party.
- b) Refrain from using the website or its Content for any commercial or political purpose.
- c) Refrain from controlling, compiling or copying Content by means of the use of any robot, “bot”, spider, crawler, spyware, engine, device, software, extraction tool or any other automatic device, utility or manual process of any kind, or any other automatic means of accessing, connecting to or registering with the website or any service or feature offered on or via the website, and from obtaining user lists, obtaining or accessing other information or features about, from or via the website, including any information stored on a server or database connected to the website or any of the services of the website.
- d) Refrain from carrying out any activity that may damage, overload, impair or prevent the normal operation of the website, and from obtaining content provided on the website by illegal or fraudulent means, theft or plagiarism, in accordance with the provisions of the Spanish Penal Code and the applicable laws in each country and/or jurisdiction.<
- e) Refrain from using the Content in any way that is illegal or may prejudice ZED or its Suppliers. Therefore, by way of example, the User shall refrain from modifying, copying, distributing, publishing, giving and/or selling any information or appearance concerning the Content of the website.
- f) Refrain from copying, performing reverse engineering, decompiling, decoding or in any other way altering or interfering with the website or its Content, or engaging in any unauthorised use thereof.
In the event that the User causes damage to a third party as a result of any misuse of Content provided on the website, the User shall expressly exonerate ZED and its Suppliers from any liability that may be attributed to them.
For that purpose, the User shall assume sole and exclusive responsibility for any effects of such misuse. In addition, the User shall be responsible for any expenses, costs and, where necessary, compensation resulting from legal proceedings caused by failure to comply with these Terms and Conditions and the applicable laws.
In order to guarantee the rights under these Terms and Conditions and the prevailing legislation, ZED may:
- a) Supervise the service through its managers, ensuring the secrecy of communications and User privacy at all times.
- b) Temporarily interrupt the service, at any time and without prior notice, for technical or legal reasons, which will be duly explained on the website.
- c) Change the terms of provision of the Content, when so required due to technical reasons or the application of new legal provisions.
- d) Make changes to Content or the website itself, without being required to announce such changes in advance, should ZED consider such changes appropriate in line with its activity. ZED also reserves the right to refuse access to Content, without prior notice, to any User who breaches these Terms and Conditions.
- e) Delete or remove any information that may be illegal or simply offensive from the various services and/or Content offered on the website.
- f) Report any conduct, activities or data suspected of being illegal that comes to ZED’s attention to the competent authorities.
6. COMMUNITY AREAS
Some of the Content included on the website may offer community functions, such as chat rooms or forums. In these cases, ZED does not assume any obligation to supervise, filter, censor, edit or regulate information that Users or third parties send to the website. ZED accepts no responsibility for content, comments and/or information sent by Users or third parties.
The User guarantees to ZED that he has permission to use any information and/or content that he may post on the website. The User also agrees to refrain from:
- Uploading, posting, transmitting (via email, chat or any other means) or in any other way putting on the website any kind of content, language or material that is fraudulent, illegal, defamatory, obscene, pornographic, vulgar, offensive, profane, sexually explicit, threatening, abusive, violent, harassing or in any other way offensive, or that violates any applicable national or international laws or regulations.
- Uploading, posting, transmitting (via email, chat or any other means) or in any other way putting on this website any kind of content, language or material that contains computer viruses, worms, malware in general, or any other machine code or fragments of codes, programs, files or archives designed to interfere with, interrupt, intercept, destroy or limit the functionality of any computer software or hardware, telecommunications or other equipment or that cause any violation of the security of said software, hardware or other equipment.
- Uploading, posting, transmitting (via email, chat or any other means) or in any other way putting on this website any kind of unsolicited or unauthorised advertisements, promotional materials, junk mail or spam, chain letters or any other form of commercial offer, as well as organising bets, lotteries, competitions or prize draws.
- Attempting to harm minors in any way.
- Collecting or storing personal data about other Users or requesting or attempting to discover another User’s password, screen name or other registration information, without the express permission and consent of the User.
- Interfering with or interrupting access to and use of the website or any of its services or functionalities or any servers or networks connected to it, or failing to comply with the requirements, policies, rules or procedures of networks connected to the website.
- Interrupting the normal flow of dialogue or acting in any way that negatively affects the ability of other Users to communicate in real time.
- Creating links to websites, networks, content or resources that violate the spirit of these Terms and Conditions or any Special Terms and Conditions that may be applicable, or promoting the violation or publishing tools or information whose primary use constitutes a violation of the spirit of said Terms and Conditions.
ZED reserves the right to publish additional rules in communal areas of the site and to make access to common features by individuals or groups subject to criteria of age, geography or other considerations, or to deny or restrict access to any individual or group that fails to meet said criteria or fails to comply with our criteria or rules at any time. ZED also reserves the right to change or modify such criteria or rules at any time. Furthermore, ZED reserves the right to remove or delete any posts, messages or other content posted on the website that violate these Terms and Conditions or any applicable Special Terms and Conditions.
Registration in the forum requires a user name and a password. Do not create a user name that reveals your personal identity. The User must keep his password strictly confidential and must not disclose this information to third parties or allow others to use his user name, password or any other account details, except in the case of minors who must share this information with a parent or guardian.
If the User uses the forum service, he should be aware that certain account details or other materials that he provides, such as his user name, may be known by other users of the forum. The User has sole responsibility for the content and consequences of any messages or other information or materials that he posts on the website or via the chat services. Given the anonymity permitted by the user names, the User may not know with whom he is interacting in certain forum services. Consequently, it is important for the User to be careful and selective regarding the information he shares about himself and other people.
The User may inform ZED of any suspected violation of these Terms and Conditions or any applicable Special Terms and Conditions, particularly with regard to any inappropriate behaviour or activities that he detects in our community areas and other communal features, as well as any faults concerning Content published on the site.
In said community areas, ZED will provide a link via which the User will be able to report such information.
You may send ZED information regarding the functioning and any problems you may have detected in relation to the website and/or Contents, as well as suggestions regarding improvements that you consider could be made thereto. Said reports may be used by ZED for any purpose, without the express consent of the User.
a. Responsibilities of Zed: ZED shall only be liable for damage suffered by the User as a result of accessing the website, purchasing products, using services, content and/or tools, when such damage is attributable to a fraudulent action by ZED.
Moreover, ZED shall not be liable for damage suffered by the User in the event that it is not possible to deliver the service covered by these Terms and Conditions due to acts of God, cases of force majeure or other causes not attributable to ZED.
Furthermore, ZED shall not be responsible for incorrect functioning of the website due to maintenance work, incidents, defective functioning of the terminal or insufficient capacity of the terminal to support the systems required to use the service.
ZED will take appropriate measures to ensure a quick response, but cannot be held responsible for any delays caused by telecommunications services or guarantee a specific timeframe for the delivery of Content.
Neither ZED, its subsidiaries or group companies shall, under any circumstances, be liable in the event of damage and/or loss supposedly caused, directly or indirectly, by the use or lack of use of the Contents, including but not limited to loss of anticipated earnings and/or financial loss.
The program is delivered ‘as is’ and no complaints will be accepted regarding supposed specifications with which the Contents and/or services should comply. ZED does not guarantee that the Contents are free of errors, or that they will function without interruption. Neither ZED nor its subsidiaries or group companies shall be liable for any differences that external technical resources may cause to the correct operation of the Contents. The User shall be liable for any damage, loss and/or costs resulting from incompatibilities between the Content or its updates, and programs and/or software owned by third-party companies that the User may have installed on its equipment, as well as any other problems that may arise as a result of the interaction between the Content and such programs.
Under no circumstances will ZED be liable for damages in excess of the amount actually paid by the User for the Content during the six (6) months prior to the date of the claim.
b. Responsibility of the User: The User shall have sole responsibility for the consequences of using data that is untrue or belongs to other persons.
In the event of failure on the part of the User to fulfil its contractual obligations, ZED reserves the right to take appropriate legal action and restrict access to the products, services, content and/or tools on its website.
9. LIMITATION OF LIABILITY
ZED endeavours to ensure that the information that appears on its website is correct and up to date. However, errors or omissions cannot be ruled out; therefore, the User must not consider the information to be accurate without first checking said accuracy with ZED. No information and/or Content on this website should be considered to be an affirmation or an unquestionable fact. ZED has no control over the manner in which the User uses information or Content offered on the website and, therefore, shall not be liable for any direct or indirect facts, acts or damage caused to the User or third parties as a result of or in relation to the use of such information or Content.
The user shall exonerate ZED from any liability that may result from interruptions in availability of the acquisition of products, content and/or tools, and/or the provision of services, due to cases of force majeure or causes beyond its control. In this respect, the following are examples of items that are considered to be beyond ZED’s control: (i) the User’s modem, (ii) the User’s computer system, (iii) the User’s navigation software, (iv) viruses, (v) interconnection of telephone and electricity networks, (vi) any transportation or telecommunications infrastructures used by the User.
10. PROTECTION OF PERSONAL DATA AND E-COMMERCE
In accordance with Organic Law 15/1999 of 13 December on the Protection of Personal Data and Law 34/2002 of 11 July on Information Society Services and Electronic Commerce, and the corresponding implementing regulations, ZED informs Users of its data protection policy:
When accessing the website and using Content owned by ZED, the User is not required to provide any personal data, except where specifically requested by ZED or if the User wishes to register for a particular ZED service or the User requests certain ZED Content or services. In these cases, the personal data collected will be treated as confidential and will be collected with the purpose of providing the services and/or delivering the Content requested. In addition, the User agrees to be sent, by electronic means (email and/or SMS text messages), commercial information concerning the products and/or services initially contracted, as well as promotions and competitions (these messages shall continue to be sent after termination of the contractual relationship – i.e. the Service – until such time as the User withdraws his consent) and other services related to music, videos, images, games, applications, TV programs, casino, marketed by ZED at any time. The User may request that his details not be used for promotional or marketing purposes by sending an email to firstname.lastname@example.org
The User agrees that the personal data provided by him may be processed in a data file owned by and under the responsibility of ZED, duly notified to the General Data Protection Register of the Spanish Data Protection Agency via the mechanisms established for that purpose. ZED guarantees that all the personal data provided by the User will be used for the purpose, in the manner, and in line with the limitations and rights granted by Organic Law 15/1999 on the Protection of Personal Data, and its implementing regulations.
This agreement is given without prejudice to the rights available to the User by virtue of the aforementioned legislation, especially the rights of access, cancellation, rectification and opposition of his data and withdrawal of his permission, without retroactive effect, that may be exercised, free of charge, by sending a request by post to ZED at Calle Rozabella, 4, 1ª planta, Edificio Bruselas, Complejo Europa Empresarial, 28230, Las Rozas, Madrid. This request should include:
- Forename, surname and a photocopy of the official identification document of the interested party and, if acting on behalf of another person, the corresponding authorisation document
- The purpose of the request
- Mobile telephone number
- Address for notification
- Date and signature of the requestor
The User is also responsible for updating and modifying his personal data, in line with the procedure described above.
Users who provide their personal data give their express permission for their data to be shared with Spanish entities within the ZED Group located in the European Union for activities in line with their business purpose, i.e. development and market of entertainment and community products and services for mobile handsets, Internet and TV and the provision of services of access, distribution and exhibition of ZED’S or third parties information and contents through mobile handsets, Internet, and TV. The names and addresses of these entities are listed in the directory of offices by country available at the internet address www.zed.biz.
Users who provide personal data are hereby informed that the aforementioned sharing of their data will occur at the same time as said data is provided to ZED.
The User also gives his permission for Zed to inform him of products, services and/or promotions of Spanish and European entities belonging to the Zed Group, in accordance with Spanish data protection legislation (the corresponding messages shall continue to be sent after termination of the contractual relationship – i.e. the Service – until such time as the User withdraws his consent).
If the User does not wish to receive information about products, services and/or promotions of Spanish or European entities within the ZED Group, he may send an email to email@example.com
ZED may store or use the IP addresses of Users of this site in order to analyse trends, manage the site and monitor the use of the site as a whole. ZED does not associate IP addresses with personally identifiable information.
The website may include links to or from third-party sites, including but not limited to, sites administered by advertisers, licensees and licensors. ZED has no control over the content of the linked websites and assumes no obligation whatsoever to supervise such sites. ZED does not accept any responsibility in relation to such sites. Any activity performed by the User in relation to linked websites must comply with the terms, conditions, legal notices and privacy policies thereof, for which ZED assumes no responsibility.
In addition, the User may create links to this website, on the condition that: (a) the links are only created to the home page of this website, (b) the links only contain text and do not use any trademark graphics, (c) the links and related content on the site do not describe ZED or its products, services or Content in a false, misleading, disrespectful or in any way offensive manner, and (e) the links and related content on the site do not have any commercial purpose.
The prices and rates applicable to the contracting by the User of Content offered against payment will be those stated in the Contents at the time the User accesses the Content in question and activates the contracting process.
ZED reserves the right to change the rates and price list published in each Content at its discretion. Rate or price changes will not be applicable to services contracted prior to the change in question, except for renewals of products and/or services.
The payment arrangements for Content contracted by the User shall be that specified in the applicable Specific Terms and Conditions at the time of contracting and, in any event, shall be made available to the User prior to contracting. ZED reserves the right to cancel services contracted by the User in the event that the User does not comply with the stipulated payment arrangements or fails to pay for the Content contracted.
14. DURATION OF THE CONTRACT
The duration of the contractual obligations resulting from the contracting of Content between Zed and the User will be that stipulated in the Special Terms and Conditions made available to the User prior to contracting.
These Terms and Conditions shall remain in force as long as they are published on the website and shall become applicable as soon as the User uses the website and/or uses or contracts any Content owned by ZED.
15. APPLICABLE LEGISLATION AND JURISDICTION
These Terms and Conditions are governed by the applicable Spanish legislation.
For the resolution of any disputes that may arise in relation to these provisions, the User agrees to submit to the jurisdiction of the courts and tribunals of Madrid, expressly waiving any other jurisdiction to which he may be entitled.
All notifications, demands, requests and other communications between the parties in relation to these Terms and Conditions must be sent in writing, by recorded delivery or special delivery, to the registered office of ZED.
17. NULLITY AND INVALIDITY OF CLAUSES
If any clause included in these Terms and Conditions is declared null or invalid, said nullity will only affect the clause or part of the clause in question. All other clauses of these Terms and Conditions shall remain in force.