إعلان القبول

Smilegate West, Inc. Terms of Use

Updated 26 April 2023

The terms of this agreement ("Terms") govern the relationship between you (as defined below) and Smilegate West, Inc. (the "SGW" or "we") regarding your use of any game (including mobile games, and each, a "Game") and related services provided or serviced by SGW (collectively, the "Service") including SGW and z8games branded websites (such as the website located at www.z8games.com, the "Z8Games Portal"). SGW includes its "Affiliates," which shall mean subsidiaries, parent companies, joint ventures and other corporate entities under common ownership.

"You", "user", or "player" means the person who uses the Game and/or the Service. To use the Game and/or the Service, you are required to accept and comply with these Terms.

By (1) clicking "I Agree", "I Consent", or its equivalent at the time of your registration for an Account (defined below), and/or (2) using of any aspect of the Service, you accept these Terms, as well as the following:

1. Privacy Policy, a copy of which is available at: www.z8games.com/privacypolicy.html (the "Privacy Policy"); and
2. Any game specific terms or policies that SGW may establish, adopt, or amend from time to time (collectively and as applicable, the "Game-specific Terms"), including any game specific End User License Agreement (the "EULA") governing your use of the applicable Game client software that you download and install onto your computer.

You further specifically acknowledge and agree that your use of the Game "CrossFire" is also subject to our CrossFire Game Policy, a copy of which is available at: CrossFire Game Policy. The CrossFire Game Policy constitutes the Game-specific Terms for the CrossFire Game.

If any of these Terms conflicts with terms contained in any other policies, such as the Privacy Policy or any Game-specific Terms, the terms in the other policies shall govern with respect to the specific subject contemplated therein, unless such policies specifically stipulate therein that these Terms prevail over such policies.

For the avoidance of doubt, you specifically acknowledge and agree that, SGW may establish, adopt, amend, repeal, or terminate all or part of these Terms, the Privacy Policy, EULA, the Game-specific Terms, and any other terms and policies related to a Game, the Service, or the Z8Games Portal, all of which are specifically incorporated into these Terms by reference.

If at any point for any reason you do not agree to any of these Terms, the Privacy Policy, the Game-specific Terms, or any other terms and policies established by SGW, you must immediately notify SGW and your license to use the Service and the applicable Game shall immediately terminate.

You must provide all equipment and software necessary to connect to the Service, which may include a mobile device. You are responsible for all internet fees, data fees, or mobile fees that you incur while accessing the Service.

1. Changes to Terms
   
   1. SGW reserves the right, at our discretion, to change, modify, add or remove portions of these Terms, the Privacy Policy, and any Game-specific Terms at any time as the Service and applicable law evolves ("New Terms"). SGW will notify you of the New Terms by posting the New Terms at the location where the original Terms, Privacy Policy, and the Game-specific Terms were posted, as applicable, and may also provide other notice by email, postal mail, in-game pop-up screen, or in-game notice. Your continued use of the Service will signify that you have reviewed and accepted the New Terms. The New Terms will become effective 30 days after being posted at the location where the original Terms, Privacy Policy, and the Game-specific Terms were posted, as applicable. If you do not accept the New Terms, or if you cannot comply with the New Terms for any reason, you must not access the Service.
   2. Unless otherwise set forth in these Terms, to the extent these Terms conflict with any other terms, policy, rules or codes of conduct of SGW, these Terms shall govern.
2. Violation of Terms
   
   1. WITHOUT LIMITING OUR OTHER REMEDIES, WE MAY LIMIT, SUSPEND, DEACTIVATE OR TERMINATE USER ACCOUNTS, PROHIBIT ACCESS TO THE SERVICE AND THEIR CONTENT, SERVICES AND TOOLS, DELAY OR REMOVE HOSTED CONTENT, AND TAKE TECHNICAL AND LEGAL STEPS TO PREVENT USERS FROM ACCESSING THE SERVICE IF WE BELIEVE THAT THEY ARE CREATING RISK OR POSSIBLE LEGAL LIABILITIES, INFRINGING THE INTELLECTUAL PROPERTY RIGHTS OF THIRD PARTIES, OR ACTING INCONSISTENTLY WITH THE LETTER OR SPIRIT OF OUR TERMS OR POLICIES, WITH OR WITHOUT NOTICE TO YOU. YOU CAN LOSE YOUR USERNAME AND CHARACTER AS A RESULT OF ACCOUNT SUSPENSION, DEACTIVATION, OR TERMINATION, AS WELL AS ANY BENEFITS, PRIVILEGES, ITEMS AND PURCHASED ITEMS ASSOCIATED WITH YOUR USE OF THE SERVICE, AND SGW IS UNDER NO OBLIGATION TO COMPENSATE YOU FOR ANY SUCH LOSSES OR RESULTS.
   2. SGW reserves the right to stop offering and/or supporting the Service or any part thereof at any time either permanently or temporarily, at which point your license to use the Service or a part thereof will be automatically terminated or suspended. In such event, SGW shall not be required to provide refunds, benefits or other compensation to you in connection with such discontinued elements of the Service.
3. Grant of a Limited License
   
   1. Subject to your agreement and continuing compliance with these Terms, SGW grants you a non-exclusive, non-transferable, and revocable limited license to access and use the Service solely for your own non-commercial entertainment purposes. You agree not to use the Service for any other purpose.
   2. You understand that while at times you may "earn," "buy," or "purchase" (a) virtual currency for use in the Service; or (b) virtual in-game items (together with virtual currency, "Virtual Items"), you do not own the Virtual Items and the amounts of any Virtual Item do not refer to any credit balance of real currency or its equivalent. Rather, you are purchasing a limited license to use the Service, including software programs that occasionally manifest themselves as these items. Any "virtual currency" balance shown in your Account does not constitute a real-world balance or reflect any stored value, but instead constitutes a measurement of the extent of your license.
      
      Virtual Items are not transferable to another person or Account (unless otherwise explicitly permitted by SGW), has no cash value and is not redeemable for any sum of money or monetary value from SGW at any time. Virtual Items do not constitute a personal property right.
      
      We reserve the right to reduce, liquidate, deactivate, suspend or terminate your Virtual Items or access thereto if we suspect, after investigation, that you have misused Virtual Items or have otherwise used them to conduct any fraudulent or illegal activity.
4. Software, Game Client, anti-cheating
   
   1. The Service and any software that is made available to download from the Service, including Game client software installed on your computer ("Software") is the copyrighted work of SGW, our licensors, and/or other suppliers. Use of the Software is governed by the terms of the applicable EULA, if any, which accompanies or is included with the Software. End users shall not install or use any Software that is accompanied by or includes a EULA unless the end user first agrees to the EULA terms. Software, including, without limitation, all HTML code contained on the Service, is owned by SGW, our licensors, and/or other suppliers and is protected by copyright laws and international treaty provisions. Any reproduction or redistribution of the Software or Service is expressly prohibited by law, and may result in severe civil and criminal penalties. Violators will be prosecuted to the maximum extent possible.
   2. We strongly condemn any cheating, hacking, or other fraudulent activities that undermine our games and our user communities. We take such actions very seriously and take all necessary measures to prevent and stop them in order to maintain a safe and healthy environment for our users. We use an anti-cheat software to monitor and prevent cheating, hacking, and other fraudulent activities. This anti-cheat software is installed together with the Game, specifically including the "CrossFire" Game, on your device.
      
      When you connect to our Game online, the anti-cheat software monitors and checks the course of execution of the Game Software, the gameplay, the Game files, file storages, and the working memory of your hardware (when operating) for the purposes of detecting and analyzing any cheating, hacking, or other fraudulent activities, including the use of any Unauthorized Executable Code.
      
      "Unauthorized Executable Code" in this context mean third-party programs or files (such as "add-ons", "mods", "hacks", "trainers", "malicious driver", "suspicious memory" or "cheats") which enable the user to hack into the Game, interfere with or modify the Game or the gameplay, or otherwise affect the gameplay in any way, in a manner not intended or expressly authorized by us. The anti-cheat software will be automatically terminated when you exit the Game.
      
      We may collect, analyze, and store such relevant data and information for our investigation, enforcement, and defense purposes, such as certain data related to your device and the suspected Unauthorized Executable Code. We reserve the right to terminate your license and your account if we determine that you have been cheating, hacking, or involving yourself in other fraudulent activities that undermine our games and our user communities.
   3. WITHOUT LIMITING THE FOREGOING, COPYING OR REPRODUCTION OF THE SOFTWARE TO ANY OTHER SERVER OR LOCATION FOR FURTHER REPRODUCTION OR REDISTRIBUTION IS EXPRESSLY PROHIBITED. THE SOFTWARE MAY BE SUBJECT TO OTHER LIMITATIONS, DISCLAIMERS OR WARRANTIES SET FORTH IN THE APPLICABLE EULA ENTERED INTO BY YOU IN CONNECTION WITH YOUR USE OF THE SOFTWARE. IN THE EVENT OF ANY CONFLICT BETWEEN THE TERMS OF SUCH EULA AND THIS AGREEMENT, THE EULA SHALL CONTROL WITH RESPECT TO THE SOFTWARE ONLY. THE SOFTWARE IS WARRANTED, IF AT ALL, ONLY ACCORDING TO THE TERMS OF THE APPLICABLE EULA. EXCEPT AS MAY BE WARRANTED IN THE EULA, AND SUBJECT TO SECTION 15.4 BELOW, SGW AND SGW'S THIRD PARTY PROVIDERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THE SOFTWARE, INCLUDING ALL IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.
5. Your Account
   
   1. You may be required to register and create a personal account on the Service ("Account") to access and use the Service. You may also be required to have an account with a social networking service ("SNS") through which you connect to the Service, or have an account with the applications provider for your mobile device. If you access the Service from an SNS you shall comply with its terms of service/use as well as these Terms.
   2. Notwithstanding anything herein to the contrary, you acknowledge and agree that you shall have no ownership or other property interest in the Account, and you further acknowledge and agree that all rights in and to the Account are and shall be owned solely and exclusively by SGW. The use of any information that you provide to us in connection with registering for an Account is subject to our Privacy Policy.
   3. You agree to (i) provide us with current, complete and accurate information as prompted by the applicable registration form, and (ii) maintain and promptly update the registration data to keep it true, complete, accurate and correct. If you provide any information that is untrue, inaccurate, not current or incomplete, SGW has the right to suspend or deactivate your Account and refuse you from any and all current and future use of the Service (or any portion thereof).
   4. If you elect to make a purchase within the Service, you represent and warrant that all registration information that you submit is true and accurate (including, without limitation, your billing information such as credit card number and expiration date) and you agree to pay all fees corresponding to such Service, plus all applicable taxes.
   5. When registering for an Account, you may be asked to choose a password and a username. You must not use a username that is used by someone else, is vulgar or otherwise offensive (as determined by SGW in its sole discretion), infringes any trademark or other rights of others, or is used in any way that violates these Terms. You are entirely responsible for maintaining the confidentiality and security of your Account information (including user/account names and passwords and billing information).
   6. You are solely responsible for any and all activities, charges and fees that occur under your Account. You agree to properly exit from your Account at the end of each session. You agree to notify SGW immediately of any unauthorized use of your Account or any other breach of security (and to provide properly documented evidence as reasonably requested by SGW).
   7. SGW will not be liable for any loss or damage that you may suffer as a result of someone else using your Account, either with or without your knowledge. You will be liable for any and all losses incurred by SGW and/or any of its licensors due to someone else using your Account. You may not use anyone else's Account at any time. Your Account is personal to you and you may not transfer or make your Account available to others. Any distribution by you of your Account or related information may result in suspension or deactivation of your Account without refund or compensation to you, and the imposition of additional charges to your Account based on any unauthorized use.
   8. Only "natural persons," as opposed to any kinds of legal entities (e.g., corporations, limited liability companies, and/or partnerships), shall have the right to create an Account.
   9. If you are under the age of 16, you are prohibited from using the Service or creating an Account.
6. Your Responsibilities
   You agree that you may not access or use the Service to:
   1. Conduct surveys, contests, or pyramid schemes or to send chain letters, junk email or any other form of solicitation;
   2. Distribute spam or any duplicative or unsolicited messages (commercial or otherwise);
   3. Defame, abuse, harass, stalk, threaten or otherwise violate the rights (including, without limitation, rights of privacy and publicity) of others;
   4. Publish, post, upload, transmit, distribute or disseminate any information, data, text, software, music, sound, photographs, graphics, images, video, messages, tags or other material (collectively, "Content") that is harmful, abusive, vulgar, sexually explicit, defamatory, libelous, obscene, embarrassing, unwanted, invasive of another's right of privacy or publicity, racially or ethnically hateful or, in a reasonable person's view, otherwise offensive or objectionable;
   5. Use, upload, transmit, distribute or otherwise make available any Content, in any manner that infringes or misappropriates any copyright, trademark, patent, trade secret, or other right of any party;
   6. Upload files that contain viruses, Trojan horses, worms, time bombs, cancelbots, corrupted files or data, or any other similar software or programs that may damage the operation of the Service or other users' computers or in any way alters the Software or its application;
   7. Advertise or offer to sell or buy any goods or services for any purpose, unless the Service or SGW expressly permits such messages;
   8. Falsify, delete or disable any copyright management information, such as author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of Software or other Content;
   9. Restrict or inhibit any other user of the Service from using and enjoying the Service by, for example, disrupting the flow of chat in chat rooms with vulgar language, hitting the return key repeatedly, so the screen goes by too fast to read, using excessive SHOUTING (all caps) in an attempt to disturb other users, "spamming," or flooding (continuous posting of repetitive text);
   10. Violate any license agreements (including, without limitation, any end user license, code of conduct or other terms of use/service or guidelines) which may be applicable to the Service or Software;
   11. Attempt to harvest (in an automated manner or otherwise) or collect any information about others, including e-mail addresses, or use such information to send unsolicited emails;
   12. Violate any applicable laws or regulations, or promote or encourage any illegal activity including, without limitation, hacking, cracking or distribution of counterfeit software, or using or distributing cheats or hacks for the Service or the Software;
   13. Impersonate or create a false identity (such as a celebrity or a Company representative) or otherwise misrepresent your affiliation with a person or any entity;
   14. Use, download or otherwise copy, or provide (whether or not for a fee) to a person or entity any directory of users of the Service;
   15. Attempt to get a password, other Account information, or other private information from a user of the Service;
   16. Improperly use in-game support to make false reports to SGW's administrators and representatives;
   17. Use, develop or distribute "auto" software programs, "macro" software programs or other "cheat utility" software program or applications in violation of any software license agreement;
   18. Use the Service to resell or make any commercial use of the Service, or otherwise use the same for any commercial purpose or for the benefit of any third party, without the prior written consent of SGW; or
   19. Use the Service for fraudulent transactions including, without limitation, fraudulent in-game virtual transactions;
   20. Attempt to hack the Service, or to defeat or overcome any encryption technology or security measures implemented by SGW with respect to the Service and/or data transmitted, processed or stored by SGW; or
   21. Interfere with or disrupt the Service or any servers or networks connected to or operated with the Service, or disobey any requirements, procedures, policies or regulations of networks connected to or operated with the Service; or
   22. Disrupt or assist in the disruption of (i) any computer used to support the Service; or (ii) any other player's Service experience. ANY ATTEMPT BY YOU TO DISRUPT THE SERVICE OR UNDERMINE THE LEGITIMATE OPERATION OF THE SERVICE IS A VIOLATION OF THESE TERMS, AND MAY BE A VIOLATION OF CRIMINAL AND CIVIL LAWS.
7. CrossFire Game Policy
   All CrossFire related actions, including but not limited to character naming, accounts, in-game behavior, items purchase and refund, chargebacks, banning and unbanning, items addition and removal, responsibility for in-game actions, hacking, and scamming, are governed by CrossFire Game policy . By accepting these terms, you also agree to follow and abide by CrossFire Game Policy.
8. Community Forums
   
   1. SGW provides community forums ("Forums") for use by users of the Service allowing users to help each other in a constructive and positive atmosphere.
      
      If SGW believes, in its sole discretion, that you have failed to fully comply with the Code of Conduct (as described below), you may be denied access to the Forums and/or your Account may be to suspended or deactivated with or without notice and without any right for you to review or appeal. SGW and/or its moderators shall have the right, in its sole discretion with or without notice and without any right for you to appeal, to (i) modify or terminate your participation in any or all of the Forums, (ii) edit or delete any and all content that you submit in a Forum and (iii) limit or revoke your access to any or all of the Forums.
   2. Community Forums Code of Conduct
      1. Be Helpful, Friendly and Supportive. Do not engage in name-calling, post anything containing obscenity, vulgarity, or profanity. Do not post harassing, threatening, abusive, lewd, inflammatory, or any messages that disparages any religion, race, nation, gender, or sexual orientation.
      2. Stay on Topic. Refrain from discussing personal matters, abusing any company or product, or, in general, from posting in a manner unrelated to the direct purposes of the Forums.
      3. Be Careful. SGW does not approve, and you, not SGW , are responsible for using any information you receive from another participant of the Forums. If any user asks you for personal information, such your phone number, mailing address, email address, password or credit card number, do not provide it. In addition, do not post any personal information in the Forums.
      4. No Promotion of Other Activities. Do not use the Forums to promote or advertise third party services, products, websites or organizations.
      5. Be Law-abiding. Do not post anything in the Forums that is unlawful, libelous, defamatory, or that infringes upon any intellectual property rights of others, including the privacy rights of the other users. Do not conduct any activity that may be illegal, or harmful in any way, such as hacking, flooding scripts viruses or Trojan horses. Do not post URLs to web sites or servers that contain unlawful software/hardware distribution. Do not post any content on the boards that would constitute as junk mail, spam, chain letters, or any other form of unauthorized solicitation.
      6. Be Clean. Do not post any profanity, sexually explicit or vulgar language, including any masked or code message that is intended to be interpreted as such. This restriction includes the posting of any imagery or links to imagery on other sites that are profane, sexually explicit or vulgar.
9. Company Duty to Monitor
   You agree that SGW is not liable for Content provided by other users. SGW has no duty to pre-screen user generated Content, but SGW has the right to refuse to post or to edit any submitted Content. SGW reserves the right to remove Content for any reason, but is not responsible for any failure or delay in removing such material.
10. Fee-Based Services and Purchases
    
    1. Some aspects of the Service require the payment of fees. If you are required to pay a fee, the specific terms and conditions associated with such Service will be included where those services are offered. You agree to pay all fees, charges and taxes that you incur. Unless otherwise noted, all currency references are in U.S. dollars. SGW may at any time, upon notice if required by applicable laws, change the amount of, or basis for determining, any fee or charge, or, institute new fees or charges. All fees and charges are payable in accordance with payment terms in effect at the time the fee or the charge becomes payable.
    2. SGW may, from time to time, modify, amend, or supplement its fees and fee-billing methods, and such changes shall be effective immediately upon posting on the Service.
    3. In the Service you may purchase, with "real world" money, a license to use Virtual Items and or other goods or services. You may also obtain a license to use Virtual Items by redeeming SGW game cards or third party virtual currency, such as Facebook Credits.
    4. You can license Virtual Items by visiting the purchase page in one of our games or third party mobile application, providing your billing information, confirming the particulars of your purchase and re-affirming your agreement to these Terms.
       
       By ordering a license to use Virtual Items you agree and accept that the Virtual Items ordered will be promptly provided to you following completion of your purchase.
       
       If you have elected to purchase products and/or services, including any Virtual Items, upon your acceptance of these terms and submission of your order, you hereby agree that we have the right to automatically charge your credit card or debit your account for the applicable fees or charges, plus any applicable taxes we are required to collect, and you authorize us to do so. Any prices posted in US Dollar or non-US dollar currencies on the Service do not include any applicable sales tax, unless specifically noted that it is tax-inclusive. You agree to pay all fees and applicable taxes incurred by you or anyone using an Account registered to you.
       
       SGW may revise the pricing for the goods and services it licenses to you through the Service at any time. YOU ACKNOWLEDGE THAT SGW IS NOT REQUIRED TO PROVIDE A REFUND FOR ANY REASON, AND THAT YOU WILL NOT RECEIVE MONEY OR OTHER COMPENSATION FOR UNUSED VIRTUAL ITEMS WHEN AN ACCOUNT IS SUSPENDED OR DEACTIVATED, OR IF YOU ARE DENIED ACCESS TO THE SERVICE, WHETHER SUCH SUSPENSION, DEACTIVATION, OR DENIAL WAS VOLUNTARY OR INVOLUNTARY.
       
       If you reside in the European Union and you purchase a product or service from SGW, you may have the right to withdraw from a purchase within seven (7) calendar days, commencing on the day after the date of purchase (the "Cooling Off Period"). However, you lose your right of withdrawal if the performance of the services begins before the end of the Cooling Off Period. Accordingly, please note that if you purchase a license to use Virtual Items from SGW, your right of withdrawal is lost as the performance of our services begins promptly once your purchase is completed. To withdraw from your purchase within the Cooling Off Period, submit your requests on the online support page located at z8games branded websites and attach a copy of your purchase confirmation email. If you withdraw from your purchase within the Cooling Off Period, we will refund the price as soon as reasonably practicable, and in any event within 30 days after the date that you exercise your right of withdrawal.
11. Virtual Items Generally
    You agree that SGW retains the unfettered right to modify any and all aspects of the Service and Virtual Items. You acknowledge that SGW has been, is, and will be constantly making changes to the Service. You further acknowledge that SGW can and will, in its discretion, modify features, functions or abilities of any element of the Service or any Virtual Items (which may, among other things, make the Virtual Items substantially more valuable, effective or functional, or less valuable, effective or functional, more common or less common, or eliminated entirely).
    
    YOU PROMISE, THEREFORE, THAT YOU WILL NEVER ASSERT OR BRING ANY CLAIM OR SUIT AGAINST SGW, ITS LICENSOR(S) OR THIRD PARTY PROVIDERS, OR ANY EMPLOYEES OF ANY OF THE ABOVE, WHICH IS RELATED TO OR BASED ON (I) A CLAIM FOR THE "VALUE" OF VIRTUAL ITEMS IF SGW DELETES THEM (AND/OR SUSPENDS, DEACTIVATES, OR TERMINATES YOUR ACCOUNT(S)), (II) A CLAIM FOR THE "VALUE" OF VIRTUAL ITEMS THAT YOU MAY LOSE IF SGW DOES ANYTHING THAT IT IS ENTITLED TO DO PURSUANT TO ANY PROVISION OF THESE TERMS, RULES OF CONDUCT, TERMS OF SERVICE, PRIVACY POLICY, ANY GAME-SPECIFIC TERMS (INCLUDING EULA, OR CROSSFIRE GAME POLICY), OR FOR ANY MALFUNCTIONS AND/OR BUGS IN THE SERVICE AND/OR (III) A CLAIM THAT THE "VALUE" OF ANY VIRTUAL ITEMS HAS INCREASED OR DECREASED BY VIRTUE OF ANY MODIFICATION THAT SGW HAS MADE OR WILL MAKE TO THE SERVICE.
12. TERMINATION
    These Terms are effective until terminated. You may terminate these Terms agreement by deleting the Software from your computer and terminating all SGW Accounts registered to you.
    
    You acknowledge and agree that you are not entitled to any refunds, benefits or other compensation for any purchases or pre-payments made prior to any termination of these Terms, or as a result of suspension or deactivation of your Account.
13. COPYRIGHT NOTICES/COMPLAINTS
    
    1. It is SGW's policy to respond to notices of alleged copyright infringement that comply with the Copyright Act of Canada. SGW reserves the right to terminate without notice any user's access to the Service if that user is determined by SGW, in its sole discretion, to be a "repeat infringer." In addition, SGW accommodates and does not interfere with standard technical measures used by copyright owners to protect their materials.
       
       The Copyright Act of Canada provides recourse to copyright owners who believe that their rights under the Act have been infringed by acts of third parties over the Internet.
       
       If you believe that your copyrighted work has been copied, reproduced, displayed, duplicated, performed, distributed, or otherwise infringed without your authorization and is available on the Service in a way that may constitute copyright infringement, you may provide notice of your claim to SGW's Designated Agent listed below. For your notice to be effective, it must include the following information:
       1. A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
       2. A description of the copyrighted work that you claim has been infringed upon;
       3. A description of where the material that you claim is infringing is located;
       4. Information reasonably sufficient to permit SGW to contact you, such as an address, telephone number, and, if available, an e-mail address at which you may be contacted;
       5. A statement by you that you have a good-faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and
       6. A statement that the information in the notification is accurate and, under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
       
       SGW's Designated Agent is: Smilegate West, Inc.
       Attn: Copyright Infringement Administrator
       PO Box 10061,
       Toronto, Ontario, CANADA M2N 0B6
       
       Email: info@smilegatewest.com
    2. If your Content or other information has been affected by reason of a notification under the Copyright Act of Canada, you may make a counter-notification. You will be liable for damages (including costs and attorneys' fees) if you materially misrepresent that your Content or your activity is not infringing the copyrights of others. When we receive a counter-notification, we may reinstate the material in question.
       
       To file a counter-notification with us, you must provide us with a written communication sent to SGW's Designated Agent identified above that sets forth the following items:
       1. An identification of the URLs or other unique identifying information of material that SGW has removed or to which SGW has disabled access;
       2. Your name, address, telephone number, email address, and a statement that you consent to the jurisdiction of Federal District Court for the judicial district in which your address is located (or Ontario, Canada if your address is outside of Canada), and that you will accept service of process from the person who provided notification under the Copyright Act of Canada or an agent of such person;
       3. A statement, under penalty of perjury, that you have a good faith belief that content at issue was removed or disabled as a result of a mistake or misidentification of the material to be removed or disabled; and
       4. Your physical or electronic signature
14. DISCLAIMER OF LIABILITY
    
    1. NEITHER SGW, ITS LICENSORS AND THIRD PARTY PROVIDERS, NOR ANY OF THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES OR AGENTS (COLLECTIVELY, THE "SGW PARTIES"), MAKE ANY WARRANTY WHATSOEVER, INCLUDING, WITHOUT LIMITATION, THAT THE SERVICE WILL BE UNINTERRUPTED OR ERROR FREE; NOR DO THEY MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM USE OF THE SERVICE OR AS TO THE ACCURACY, RELIABILITY, QUALITY OR CONTENT OF ANY INFORMATION, SERVICE OR MERCHANDISE PROVIDED ON OR THROUGH THE SERVICE, INCLUDING, WITHOUT LIMITATION, ALL SGW COMMUNICATION FEATURES.
    2. TO THE EXTENT PERMITTED BY APPLICABLE LAW, THE SERVICE AND ALL INFORMATION, CONTENT AND SERVICES CONTAINED THEREON ARE PROVIDED ON AN "AS IS" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. THE SGW PARTIES EXPRESSLY DISCLAIM ANY AND ALL WARRANTIES OF TITLE OR NON-INFRINGEMENT OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OTHER THAN THOSE WARRANTIES WHICH ARE INCAPABLE OF EXCLUSION, RESTRICTION OR MODIFICATION UNDER THE LAWS APPLICABLE TO THESE TERMS. USE OF THE SERVICE, INCLUDING, WITHOUT LIMITATION, ALL COMMUNICATION FEATURES AVAILABLE THROUGH THE SERVICE, IS AT YOUR SOLE RISK.
15. LIMITATION OF LIABILITY
    
    1. SUBJECT TO ANY APPLICABLE LAWS WHICH PROHIBIT THE FOLLOWING LIMITATIONS AND EXCLUSIONS, THE DISCLAIMERS AND LIMITATIONS OF LIABILITY CONTAINED IN SECTIONS 14 AND 15 APPLY TO ANY DAMAGES OR INJURY CAUSED BY ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, COMMUNICATION LINE FAILURE, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF THE STATION, WHETHER FOR BREACH OF CONTRACT, TORTIOUS BEHAVIOR, NEGLIGENCE, OR UNDER ANY OTHER CAUSE OF ACTION.
    2. IN NO EVENT WILL ANY OF THE SGW PARTIES BE LIABLE FOR: (A) ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR RELATED TO (I) THE USE OF OR INABILITY TO USE THE SERVICE, (II) THE BREACH OF ANY REPRESENTATION OR WARRANTY, (III) THE USE BY YOU OF THE SERVICE OR ANY BROWSER OWNED OR OPERATED BY ANY PARTY AND/OR (IV) THE DOWNLOADING OF ANY SOFTWARE OWNED OR OPERATED BY ANY THIRD PARTY, IN CONNECTION WITH THE SERVICE; OR (B) ANY INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR RELATED TO THE SERVICE, EVEN IF SGW WAS PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
    3. IN THE EVENT ANY CLAIM RELATING TO THE PERFORMANCE OR NONPERFORMANCE BY SGW PURSUANT TO THESE TERMS, OR IN ANY OTHER WAY CONCERNING THE SERVICE, IS MADE BY YOU, THE ACTUAL DAMAGES TO WHICH YOU MAY BE ENTITLED SHALL BE LIMITED TO THE FEES, IF ANY, PAID BY YOU FOR USE OF THE SERVICE IN THE 12 MONTH PERIOD PRECEDING YOUR CLAIM.
    4. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF STATUTORY OR IMPLIED WARRANTIES, OR THE EXCLUSION OR LIMITATION OF LIABILITY FOR CERTAIN TYPES OF DAMAGES, INCLUDING (AS APPLICABLE IN YOUR JURISDICTION), WARRANTIES OF TITLE, POSSESSION, FITNESS FOR A PARTICULAR PURPOSE, QUALITY, CORRESPONDENCE WITH A DESCRIPTION OR SAMPLE OF THE APPLICABLE GOODS, AND THAT SERVICES WILL BE CARRIED OUT AT A REASONABLE PRICE, USING REASONABLE SKILL AND WITHIN A REASONABLE TIME. IN SUCH JURISDICTIONS THE LIMITATIONS AND EXCLUSIONS SET FORTH IN SECTIONS 15 AND 16 MAY NOT APPLY TO YOU. CONSEQUENTLY, IN SUCH JURISDICTIONS, THE LIABILITY OF THE SGW PARTIES IS LIMITED TO THE EXTENT PERMITTED BY LAW, THEREBY MINIMIZING THE LIABILITY OF SUCH SGW PARTIES TO YOU TO THE LOWEST AMOUNT PERMITTED BY APPLICABLE LAW. THIS LIMITATION IS INDEPENDENT OF ANY OTHER LIMITATION SET FORTH IN THIS AGREEMENT.
    5. IF YOU ARE A CALIFORNIA RESIDENT, 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 FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR.
    6. THE SGW PARTIES DO NOT ENDORSE AND ARE NOT RESPONSIBLE FOR THE ACCURACY OR RELIABILITY OF ANY OPINION, ADVICE OR STATEMENT, NOR FOR ANY OFFENSIVE, DEFAMATORY, OBSCENE OR ILLEGAL POSTING OR CONDUCT, ON THE SERVICE, INCLUDING, WITHOUT LIMITATION, ALL SGW COMMUNICATION FEATURES OF THE STATION, BY ANYONE OTHER THAN AUTHORIZED SGW EMPLOYEES WHILE ACTING IN THEIR OFFICIAL CAPACITIES. UNDER NO CIRCUMSTANCES WILL THE SGW PARTIES, BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY YOUR RELIANCE ON INFORMATION OBTAINED ON OR THROUGH THE SERVICE, INCLUDING, WITHOUT LIMITATION, ALL SGW COMMUNICATION FEATURES. IT IS YOUR RESPONSIBILITY TO EVALUATE THE ACCURACY, COMPLETENESS OR USEFULNESS OF ANY INFORMATION, OPINION, ADVICE OR OTHER CONTENT AVAILABLE THROUGH THE SERVICE, INCLUDING, WITHOUT LIMITATION, ALL SGW COMMUNICATION FEATURES. PLEASE SEEK THE ADVICE OF PROFESSIONALS, AS APPROPRIATE, REGARDING THE EVALUATION OF ANY SPECIFIC INFORMATION, OPINION, ADVICE OR OTHER CONTENT.
    7. THE SGW PARTIES DO NOT ENDORSE, WARRANT OR GUARANTEE ANY PRODUCT OR SERVICE OFFERED BY A THIRD PARTY THROUGH THE SERVICE AND NONE OF THE SGW PARTIES WILL BE A PARTY TO OR IN ANY WAY MONITOR ANY TRANSACTION BETWEEN YOU AND THIRD PARTY PROVIDERS OF PRODUCTS OR SERVICES. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE.
16. Indemnification
    You agree to indemnify, save, and hold SGW, its affiliated companies, contractors, employees, agents and its third-party suppliers, licensors, and partners harmless from any claims, losses, damages, liabilities, including legal fees and expenses, arising out of your use or misuse of the Service, any violation by you of these Terms, or any breach of the representations, warranties, and covenants made by you herein. SGW reserves the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify SGW, and you agree to cooperate with SGW's defense of these claims. SGW will use reasonable efforts to notify you of any such claim, action, or proceeding upon becoming aware of it. You agree that the provisions in this paragraph will survive any termination of your Account or of the Service.
17. Seizure Warning
    A very small percentage of people may have seizures or blackouts when exposed to certain light patterns, flashing lights, or flashing images, including while playing or watching video games, even if they have never had a seizure or blackout in the past. Children and teenagers are more susceptible to seizure than adults.
    
    Symptoms of seizures include: lightheadedness jerking or shaking of the extremities disorientation full convulsions (which can lead to other injuries by causing an individual to fall off of a chair and/or strike objects nearby) confusion altered vision loss of awareness eye or muscle twitching If you experience any of these or similar symptoms while playing a video game, STOP PLAYING AND CONSULT YOUR DOCTOR IMMEDIATELY.
    
    Parents should watch when their children play video games and ensure their children are not experiencing symptoms. If you or anyone in your family has an epileptic condition or history of seizures, consult your physician prior to playing video games because you may have an undiagnosed condition.
18. Equitable Remedies
    You acknowledge that the rights granted and obligations made under these Terms to SGW are of a unique and irreplaceable nature, the loss of which shall irreparably harm SGW and which cannot be replaced by monetary damages alone. Accordingly, SGW shall be entitled to injunctive or other equitable relief (without the obligations of posting any bond or surety or proof of damages) in the event of any breach or anticipatory breach by you.
    
    You irrevocably waive all rights to seek injunctive or other equitable relief, or to enjoin or restrain the operation of the Service or any SGW game, exploitation of any advertising or other materials issued in connection therewith, or exploitation of the Service or any content or other material used or displayed through the Service and agree to limit your claims to monetary damages (but only to the extent permissible under these Terms).
19. Disputes
    
    1. These Terms and the relationship between you and SGW shall be governed by the laws of the province of Ontario and Canada without regard to its conflict of law provisions. You and SGW agree to submit to the personal and exclusive jurisdiction of the courts located within the province of Ontario, Canada.
    2. The UN Convention on Contracts for the International Sale of Goods is expressly disclaimed.
    3. For any claim (excluding claims for injunctive or other equitable relief) where the total amount of the award sought is less than CDN $10,000, the party requesting relief shall resolve the dispute in a cost effective manner through binding non-appearance-based arbitration. The party requesting relief shall initiate such arbitration through an established alternative dispute resolution ("ADR") provider mutually agreed upon by the parties. The ADR provider and the parties must comply with the following rules: (a) the arbitration shall be conducted by telephone, online and/or be solely based on written submissions, and the specific manner shall be chosen by the party initiating the arbitration; (b) all aspects of the arbitration shall be conducted in the English language; (c) the arbitration shall not involve any personal appearance by the parties or witnesses unless otherwise mutually agreed by the parties; and (d) any judgment on the award rendered by the arbitrator shall be final and may be entered in any court of competent jurisdiction.
    4. For any claim where the total amount of the award sought is more than CDN $10,000, the party requesting relief shall commence a claim in the appropriate court within Ontario, Canada. You and SGW agree to submit to the personal and exclusive jurisdiction of the courts located within the province of Ontario, Canada.
    5. All claims you bring against SGW must be resolved in accordance with this Section. All claims filed or brought contrary to this Section shall be considered improperly filed. Should you file a claim contrary to this Section, SGW shall be entitled to recover attorneys' fees and costs up to $2,000, provided that SGW has notified you in writing of the improperly filed claim, and you have failed to promptly withdraw the claim.
20. Severability
    You and SGW agree that if any portion of these Terms, any Game-specific Terms (such as EULA, or CrossFire Game Policy), Privacy Policy, or any other terms and policies is found illegal or unenforceable, in whole or in part by any court of competent jurisdiction, such provision shall, as to such jurisdiction, be ineffective solely to the extent of such determination of invalidity or unenforceability without affecting the validity or enforceability thereof in any other manner or jurisdiction and without affecting the remaining provisions of these Terms, which shall continue to be in full force and effect.
21. Miscellaneous
    SGW's failure to act with respect to a breach by you or others does not waive our right to act with respect to subsequent or similar breaches. You may not assign or transfer this Agreement or your rights hereunder, and any attempt to the contrary is void. This Agreement sets forth the entire understanding and agreement between us and you with respect to the subject matter hereof. No waiver by either party of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default. The section headings used herein are for convenience only and shall not affect the interpretation of this Agreement. SGW shall not be liable for any delay or failure to perform resulting from causes outside the reasonable control of SGW, including without limitation, 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.
22. Jurisdictional Issues
    
    1. The Service is controlled and operated by SGW from its offices in Ontario, Canada. Accessing the Service from territories where the Service is illegal is prohibited. Those who choose to access the Service from other locations do so on their own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable. You shall not use the Service if you are located in a country embargoed by the United States or if you are on the U.S. Treasury Department's list of Specially Designated Nationals.
    2. Certain specific terms that apply only for users residing in the European Union, are as follows: Section 2.1 is replaced by: SGW RESERVES THE RIGHT TO DEACTIVATE YOUR ACCOUNT OR SUSPEND ACCESS TO THE SERVICE FOR GOOD CAUSE. IN PARTICULAR, IF YOU ARE IN VIOLATION OF THESE TERMS, ANY GAME-SPECIFIC TERMS (SUCH AS EULA AND CROSSFIRE GAME POLICY), PRIVACY POLICY, OR ANY OTHER APPLICABLE TERMS AND POLICIES, OR INFRINGE ANY THIRD PARTY RIGHTS, SGW WILL MAKE A REASONABLE DETERMINATION BASED ON THE FACTS AVAILABLE TO SGW AS TO WHETHER SUCH ACTS, OMISSIONS, OR CIRCUMSTANCES CAN BE CURED BY YOU WITHIN A REASONABLE AMOUNT OF TIME WITHOUT HARM OR LIABILITY TO SGW OR THIRD PARTIES. IF SGW DETERMINES IN GOOD FAITH THAT ANY CURING IS NOT POSSIBLE, OR NOT POSSIBLE WITHIN A REASONABLE PERIOD, OR IF THERE IS A REFUSAL TO CURE, OR IF YOUR BEHAVIOR IS GROSSLY UNACCEPTABLE, OR IMMEDIATE DEACTIVATION OR SUSPENSION IS WARRANTED TO PREVENT HARM OR LIABILITY TO SGW OR THIRD PARTIES, SGW MAY IMMEDIATELY DEACTIVATE OR SUSPEND YOUR ACCOUNT AND YOUR ACCESS TO THE SERVICE AND INFORM YOU THEREOF. OTHERWISE, FOR MINOR INFRACTIONS OF THESE TERMS, SGW WILL PROVIDE YOU WITH A REASONABLE OPPORTUNITY TO CURE SUCH INFRACTIONS. YOU ARE ENTITLED TO TERMINATE THESE TERMS AT ANY TIME BY UNINSTALLING SOFTWARE FROM YOUR COMPUTER AND CEASING FURTHER USE OF THE SERVICE. UNLESS OTHERWISE SET FORTH HEREIN, SGW PROVIDES NO REFUNDS OR COMPENSATION FOR CANCELATIONS.
23. Notice
    
    1. You must give notice to SGW by electronic mail to info@smilegatewest.com, or by first class mail, postage prepaid, or overnight courier to Smilegate West, Inc., Attn: TOU Administrator, PO Box 10061, Toronto, Ontario, CANADA M2N 0B6. SGW may give notice to you by means of a general notice through the Service, electronic mail to your e-mail address on record in SGW’s account information (if you are a registered member), or by written communication sent by first class mail, postage prepaid, or overnight courier to your address on record in SGW’s account information (if you are a registered member).

CrossFire Game Policy

1. Responsibility of actions
   
   All actions taken on an account are the responsibility of its owner. This includes but is not limited to, hacking, acting in an excessively negative nature and abusing bugs. Accounts may have action taken against them no matter who was on the account at any given time. If an account was lost due to a scam and subsequently broke the Terms and Conditions, Smilegate West, Inc. ("we" or "SGW") takes no responsibility for the actions performed while the account was lost.
2. Account
   1. Account Responsibility
      
      It is the responsibility of the account holder to ensure that the information used to create the account remains remembered and confidential by the creator of the account. This information may include, but is not limited to; The Login ID information, The Registration Email and the Security Question and Answer. Z8Games takes no responsibility to prove ownership of the account if this information is voluntarily transmitted to other people. Additionally, Z8Games will never ask any user for their Account Password.
      
      SGW takes no responsibility for the inability of the account holder to provide any of the information listed above. SGW may not be able to grant account access to the account if the information is not provided.
      
      It is the responsibility of the account holder to ensure that additional measures are taken for the security of the account. This includes but is not limiting to, running regular virus and malware checks, monitoring appropriate file sharing and watching what websites are being clicked on. Z8Games takes no responsibility for the loss of an account due to a "phishing" website, "key-logging" programs or other malicious software.
      
      SGW takes no responsibility for the loss of items due to scams, hacking, account sharing or other actions beyond Smilegate West and SGW control. It is the player's responsibility to report lost items or situations for investigation no later than 48 hours after the event; however it is not SGW's obligation to return items once the investigation is complete.
   2. Account Sharing
      
      Accounts shall not be shared between people. This includes but is not limited to such people as friends, relatives, parents, children, spouses, co-workers, clan members etc. It is the responsibility of the account holder to keep all information about the account secure. SGW takes no responsibility for an account in which more than one person may know the confidential information of. Accounts involved in sharing instances may require information to prove ownership. SGW reserves the right to leave the account in its current state or close an account if information cannot be corroborated.
   3. Account Buying/Selling/Trading
      
      SGW does not allow the buying or selling of its property. This includes but is not limited to accounts, items contained within accounts or any other virtual property created within the Game. Accounts may be suspended or closed if investigated or caught participating in selling or the promotion of account selling or any other solicitation involving account or item buying/selling.
   4. Account Suspension
      
      SGW may, at any time, issue Warnings, Temporary Suspensions or Permanent Account Closures for any conduct that SGW believes is in violation of this policy or detrimental to the interests of another User or Third Party. In the event an account receives a Warning or Suspension, information will be transmitted to the player via the https://crossfire.z8games.com website operated by SGW (the "Z8Games Portal"). It is the players responsibility to contact SGW regarding any closures or actions taken on an account within 30 days of said action.
   5. Account Closure
      
      SGW reserves the right to terminate or close any account, without notice for any reason. In such cases SGW has no liability to you.
   6. Suspension and Ban Disputes
      
      Players have 48 hours to contact SGW regarding any ban dispute including but not limited to: Hacking, Harassment, Impersonation and other malicious in-game activities. Contacting SGW regarding a dispute for these reasons does not ensure that the account will be recovered.
   7. Account Return and Recovery
      
      In the event that an account becomes compromised, it is the player's responsibility to contact SGW with the most amount of information they can provide. SGW may require additional information to prove account ownership. This information includes but is not limited to: the security question and answer, the original Registered Email, the IP address of the registering computer and Financial Transaction receipts/records. If at such time it is impossible for SGW to prove ownership then the account may be ignored, left in its current status or closed. It is not the responsibility of SGW to return lost accounts to any specific person or player
      
      Additionally SGW staff will only ask for account information as listed above by direct communication and only through our support site.
3. Conduct & Behavior
   
   It is the responsibility of the user to act accordingly while playing games through the Z8Games Portal. This may include, but is not limited to, the Cross Fire forums operated within the Z8Games Portal. SGW, in its sole discretion, reserves the right to close or remove users who act negatively towards the community and/or other users of its products.
   1. Character Naming Conventions
      
      A name references any or all public display of identity within the Z8Games Portal and within games on the Z8Games Portal. Character, clan and forum names may comprise any legal letter, symbol or number combination allowed by the restrictions placed in the game or website environment. Character names may not, in any way, reference negative content including, but not limited to: sexual or racial/ethnic slang, extreme violence, obscene and vulgar slang/language. SGW, reserves the right to judge the content of a character, clan or forum name and determine the best course of action in its sole discretion.
      
      SGW reserves the right to change any character, clan or forum name of any account or player in its games or website in its sole discretion. Reasons for a name change include, but are not limited to: a negative conduct described in this document, harassment of other players, identity theft or account inactivity. No warning will be given when a character, clan or forum name is changed based on these rules.
   2. In-Game and Forum Chat/Messages
      
      In-game chat is defined as any action taken in a public or private chat channel within any of the outlets on the Z8Games Portal. This includes, but not limited to: server, channel, game and private chat in the game as well as Z8Games community forum.
      
      SGW, in its sole discretion, reserves the right to take disciplinary action towards any account of users found acting negatively towards other users. Negative actions may include, but are not limited to: racist, derogatory, or discriminatory actions, continual chat harassments, sexual harassments (including harassments based on one's gender identity), and scamming attempts.
      1. Harassment Definition and Clauses
         
         Harassment includes, but is not limited to, stalking, inappropriate name-calling, offensive or negative remarks directed to a single player or group of players, impersonation, and spreading false rumors. All harassment cases may be reported through the appropriate channels to a SGW representative, however, SGW, in its sole judgment, will determine the extent to which a player or account may be punished for harassment.
   3. Impersonation
      
      SGW reserves the right to take action against any player or account which, in its sole discretion, were found to have been impersonating other players, administrators, GM (Game Master), or Player Moderators.
   4. Cheats, Hacking, and Malicious Software Usage
      
      SGW strongly condemns any cheating, hacking, or other fraudulent activities that undermine our games and our user communities. We take such actions very seriously, and take all necessary measures to prevent and stop them in order to maintain a safe and healthy environment for our users. We use an anti-cheat software to monitor and prevent cheating, hacking, and other fraudulent activities. This anti-cheat software is installed together with the Game, specifically including the "CrossFire" Game, on your device.
      
      When you connect to our Game online, the anti-cheat software monitors and checks the course of execution of the Game Software, the gameplay, the Game files, file storages, and the working memory of your hardware (when operating) for the purposes of detecting and analyzing any cheating, hacking, or other fraudulent activities, including the use of any Unauthorized Executable Code.
      
      "Unauthorized Executable Code" in this context mean third-party programs or files (such as "add-ons", "mods", "hacks", "trainers", "malicious driver", "suspicious memory", or "cheats") which enable the user to hack into the Game, interfere with or modify the Game or the gameplay, or otherwise affect the gameplay in any way, in a manner not intended or expressly authorized by us. The anti-cheat software will be automatically terminated when you exit the Game.
      
      We may collect, analyze, and store such relevant data and information for our investigation, enforcement, and defense purposes, such as certain data related to your device and the suspected Unauthorized Executable Code.
      
      We reserve the right to terminate your license and your account or impose any other sanctions or penalties if we determine that you have been cheating, hacking, or involving yourself in other fraudulent activities that undermine our games and our user communities. We have the sole and absolute right to determine whether you have committed such activities.
   5. Gameplay Conduct
      
      SGW, in its sole discretion, will determine the course of action in any case involving the acts of "griefing" (causing other players problems performing standard functions of the game), kill stealing, or any other action that SGW determines, after review, to be a gameplay conduct that needs to be regulated.
      
      If you attempt to exploit a bug in a Game or to affect the Service, SGW may, in its sole discretion, take action against you based upon its assessment of the exploitation, including, but not limited to, whether: (a) you attempted to exploit the bug intentionally, maliciously, and/or on multiple occasions; (b) your actions damage another character, gameplay of other users, Game functionality, any aspect of the Service, and/or any activities of other users of the Service; and (c) whether or not you sought to conceal your attempt to exploit a bug.
   6. Reporting Responsibility
      
      It is the responsibility of the account holder to report, to the Support Site available at the Z8Games Portal, any violations of the rules within this agreement. SGW reserves the right to take any level of action based on the reported evidence.
   7. Excessive/Repetitive/Abusive Reporting
      
      SGW reserves the right to take action against players or accounts that have excessively and repeatedly reported other players, accounts or rule violations, whether these reports are legitimate or not. These actions may also include, false hack reports, continued harassment of SGW Administrators and Staff, excessive use of profanity and/or abusive language or ignoring instructions of a GM.
4. Billing & Monetary Policy
   1. Virtual Currency
      
      Some or all games under the Z8Games portal may offer the ability to use and/or obtain virtual currency to purchase/license items and/or services. This virtual currency can only be used in their intended games and may not be used in any game not designated by the game's developer or publisher. You may be required to pay real currency in order to obtain certain types of virtual currency or other online currency.
      
      SGW, in its sole discretion, reserves the right to change or alter the value of virtual currency or other online currency you purchase for any given amount at any time. All changes to these values will not require any prior notice but will be reflected in the new values at the time of purchase. No refunds will be given at any time for incorrect buyer perception of the values given. Your purchase of virtual currency or other online currency is final and shall under no circumstances be refundable, exchangeable or transferable including, without limitation, upon termination, suspension, and/or ban of your SGW account for any reason, termination of this agreement, and/or the discontinuation of the services.
   2. Z8Games Points (ZP) Refund Policy
      
      Z8Games Points are the virtual currency used to purchase items in-game ("ZP" or "Z8Games Points"). All payments made to purchase ZP are final and cannot be refunded.
   3. Item Purchase and Refund Policy
      
      All Item Purchases are final. SGW takes no responsibility for mistaken actions within its game or website relating to item purchasing. Refunds (of Z8Games Points) will be given for in-game item purchases so long as the purchaser contacts SGW within 48 hours of the purchase. Refunds (of Z8Games Points) will be given for CrossFire items with durations of 30 days or more only if the purchaser contacts SGW within 48 hours of the purchase of the item. Refund of this type will only be given once per account. Any and all website-based purchase shall be eligible for refund solely in the discretion of SGW.
   4. CrossFire Black Market Crates Refund Policy
      
      All Black Market Crates sales are final. No refunds or exchanges will be given for the crates themselves and no items won from the crates can be exchanged for other items. Black Market Coupon refunds will be given for accidental exchanges as long as the purchaser contacts SGW within 48 hours of the original coupon exchange. A refund of this type will only be given once per account.
   5. CrossFire Same-Item-Type Storage Maximum
      
      An account may own up to a maximum of fourteen (14) items of any individual type from the Black Market and a maximum of fourteen (14) of any individual VIP item. No Compensation will be given if a player wins an item of the same type that exceeds this maximum (more than 14).
   6. CrossFire Temporary Items
      
      Temporary Items, or those which have limited time of use, will not have their timers held for account suspensions of any kind. No refund or exchange will be given for an item which runs out of its timer during the period in which an account is suspended.
   7. Item Transfer Policy
      
      It is the responsibility of the player to understand that all item sales are for the single account which purchased the item only. Transfer of items is not possible and requests for such actions will be denied.
   8. Item Deletion Policy
      
      Because all purchases within Crossfire are final, we do not delete any weapons from accounts based on user requests. If you own a weapon item and the refund policy no longer applies, that weapon will be on your account and we will not process requests to arbitrarily remove it.
   9. Chargeback Policy
      
      Accounts that have incurred chargebacks will receive a penalty fee of $15-$25 USD per chargeback transaction (varies by payment method or credit card brand). Reversal of account closure can be made through full payment of original purchase order, including the penalty fee, in the form of a digital prepaid card or e-pin codes, unless otherwise stated by the staff of SGW. All payments should be in US dollars and must be accessible in Canada.
      
      Please note all chargeback accounts will remain closed until we receive your payments.

Smilegate Privacy Policy & Text of the Declarations of Consent
Version: 3.0
Valid as of: 26 April 2023

Why are you reading this?

It is important to us that you always know what information we obtain about you in the scope of the use of the Smilegate services and what this information is used for. In the Privacy Policy below, we therefore aim to keep you fully informed as to the type, extent and purpose of the collection, storage, use and processing of personal data on our events, websites, mobile platforms and online products and/or services, including PC, online and mobile games (hereinafter: "Smilegate Services").

Personal data is all information relating to an identified or an identifiable natural person. A person is identified when the identity of a specific person can be deduced from the information itself. A person is identifiable when we can make a connection to a specific person using additional information available to us.

This Privacy Policy applies to our games and related services (including Z8Games websites). This Privacy Policy does not apply to data which becomes known to us as part of job applications or in any other manner outside the use of the Smilegate Services. This Privacy Policy also does not apply to the websites and services of other providers, to which any of our websites or any of our services might link. We recommend that you read the privacy policy of every other service provider you make use of, in particular before you make your personal data available to them.

We will review this Privacy Policy periodically, and reserve the right to modify and update it at any time. You acknowledge that we may make changes to this Privacy Policy and it is your responsibility to check back to this page from time to time to review the Privacy Policy; provided, however, that if such changes are significant and it is required by applicable laws, we will endeavor to post notice or acquire your consent regarding such significant changes to this Privacy Policy. Changes to this Privacy Policy will come into effect immediately upon such changes being uploaded in the Services or to our Websites.

Who we are

We are the provider of Smilegate Services and the organization accountable for personal data you provide as part of using the Smilegate Services within the meaning of applicable data protection and privacy laws. We are Smilegate West Inc., 5000 Yonge Street, Unit 1701, Toronto, Ontario, Canada M2N 7E9 (hereinafter: "SGW" "Smilegate West" "we" or "us").

You can access this Privacy Policy at any time on our websites.

OVERVIEW

Information on data processing by Smilegate

1. Basic user data
2. Usage data
3. Possible disclosure of your personal data to third parties
4. Where is the data stored?
5. How do we protect your personal data?
6. Use of Smilegate Services by minors
7. Legal bases for processing your personal information
8. Your rights
9. Your California privacy rights and "Do Not Track"
10. Data Protection Officer and EU Representative

Information on data processing by Smilegate

In the following sections, we describe which of your personal data will be processed while you use Smilegate Services. For a better understanding, we differentiate between your basic user data (data provided by you while registering your account or communicating with us) and usage data (data automatically collected by us while you use our services).