Term of Use

 

1. INTRODUCTION:

 

These terms of use constitute a binding agreement between you and Zenjoy and its parents, subsidiaries, affiliates and related parties ("App", "company", "us", "our" or "we"), which governs your access and use to its interactive online websites, mobile products, applications and services. These Terms of Use, and any additional terms which might apply to certain products or services, govern your use of our websites ("Website") or any of our widgets or other applications ("Applications" or "App") - together, our "Services".

 

PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE USING OUR SERVICES. BY USING ANY OF OUR SERVICES (OTHER THAN TO READ THESE TERMS OF USE FOR THE FIRST TIME) YOU ARE AGREEING TO COMPLY WITH THESE TERMS OF USE, WHICH MAY CHANGE FROM TIME TO TIME AS SET FORTH IN SECTION TITLED "AMENDMENTS; ADDITIONAL TERMS". IF YOU DO NOT AGREE TO BE BOUND BY THESE TERMS OF USE, DO NOT USE OUR SERVICES.

 

 

2. USE LICENSE:

 

Subject to your agreement and continuing compliance with these terms of use, use license is granted to temporarily download one copy of the materials for personal, non-commercial transitory viewing only. We grant you a non-exclusive, non-transferable, non-sublicensable, revocable limited use for your own non-commercial entertainment purpose. This is not a transfer of title, and under this license you may not:

 

- modify or copy the materials;

- use the materials for any commercial purpose, or for any public display (commercial or non-commercial);

- attempt to decompile or reverse engineer any software contained within the app;

- remove any copyright or other proprietary notations from the materials;

- transfer the materials to another person or "mirror" the materials on any other server.

 

By using our services, you confirm that (1) you are at least 18 years old or have reached the age of majority if that is not 18 years of age in the area you live, or your parent or guardian have read these terms of use and assents them on behalf of you and monitor your compliance with them; (2) you are permitted to access and use our services in the country where you are a legal resident. You agree to abide by and comply with these terms.

 

This license shall automatically terminate if you violate any of these terms and may be terminated by us at any time. Upon terminating your viewing of these materials or upon the termination of this license, you must destroy any downloaded materials in your possession whether in electronic or printed format.

 

 

3. INTELLECTUAL PROPERTY

 

Our Services and associated content (and any derivative works or enhancements of the same) including, but not limited to, all artwork, text, illustrations, files, images, software, scripts, graphics, photos, sounds, music, videos, information, content, materials, products, services, URLs, technology, documentation, and interactive features included with or available through our Services (collectively, the "Service Content") and all intellectual property rights to the same are owned by us, our licensors, or both. Additionally, all trademarks, service marks, trade names and trade dress that may appear in our Services are owned by us, our licensors, or identified third parties. Except for the limited use rights granted to you in these Terms of Use, you shall not claim any right, title or interest in our Services or any Service Content. Any rights not expressly granted in these Terms of Use are expressly reserved.

 

 

4. SERVICE CONTENT & THIRD PARTY LINKS

 

(1) We provide our Services including, without limitation, Service Content for educational, entertainment and/or promotional purposes only. You may not rely on any information and opinions expressed through any of our Services for any other purpose. In all instances, it is your responsibility to evaluate the accuracy, timeliness, completeness, or usefulness of any Service Content. Under no circumstances will we be liable for any loss or damage caused by your reliance on any Service Content.

 

(2) In many instances, Service Content will include content posted by a third-party or will represent the opinions and judgments of a third-party. We do not endorse, warrant and are not responsible for the accuracy, timeliness, completeness, or reliability of any opinion, advice, or statement offered through our Services by anyone other than our authorized employees or spokespersons while acting in their official capacities.

 

(3) Our Services may link or contain links to other websites maintained by third parties. We do not operate or control, in any respect, or necessarily endorse the content found on these third-party websites. You assume sole responsibility for your use of third-party links. We are not responsible for any content posted on third-party websites or liable to you for any loss or damage of any sort incurred as a result of your dealings with any third-party or their website.

 

 

5. LIMITED LICENSE

 

Subject to these terms, we grant you a limited, revocable, non-exclusive, non sublicensable license to access and use our services for your personal and private use only. You may not (1) distribute, display, sell, transmit, publish, modify, reproduce, rent, transfer any of our services or any portion thereof; (2) remove, modify, obscure any copyright, trademark, or other proprietary notices that have been placed in our services; (3) create any derivative works based upon our services; (4) use any data mining, robots or similar data gathering or extraction methods.

 

You represent and warrant that your use our services will be consistent with this license and any other applicable agreements or policies, and will not infringe or violate the rights of any other party or breach any contract or legal duty to any other parties, or violate any applicable law. You expressly agree to indemnify the Company against any liability to any person arising out of your use our services not in accordance with these terms.

 

 

6. VIRTUAL CURRENCY AND VIRTUAL GOODS

 

some services may supply virtual currency and goods for your purchase, which represent a limited license right for your personal, private, non-commercial, non-transferable use and are not redeemable for any sum of money or monetary value from Zenjoy. All in-game Virtual Currency and/or Virtual Goods may be consumed or lost by players in the course of gameplay according to the game's rules applicable to currency and goods, which may vary.

 

 

7. INDEMNIFICATION

 

You agree to indemnify and hold harmless us and our officers, directors, employees, parents, partners, successors, agents, distribution partners, affiliates, subsidiaries, and their related companies from and against any and all claims, liabilities, losses, damages, obligations, costs and expenses (including reasonable attorneys' fees and costs) arising out of, related to, or that may arise in connection with: (1) your use of our services; (2) User Content provided by you or through use of your Membership; (3) any actual or alleged violation or breach by you of these Terms of Use; (4) any actual or alleged breach of any representation, warranty, or covenant that you have made to us; or (5) your acts or omissions. You agree to cooperate fully with us in the defense of any claim that is the subject of your obligations hereunder.

 

 

8. DISCLAIMER

 

- The materials within our services are provided on an 'as is' basis. We make no warranties, expressed or implied, and hereby disclaims and negate all other warranties including, without limitation, implied warranties or conditions of merchantability, fitness for a particular purpose, or non-infringement of intellectual property or other violation of rights.

 

- Further, we do not warrant or make any representations concerning the accuracy, likely results, or reliability of the use of the materials within our services.

 

 

9. LIMITATIONS

 

In no event shall we or our suppliers be liable for any damages (including, without limitation, damages for loss of data or profit, or due to business interruption) arising out of the use or inability to use our services, even if we authorized representative has been notified orally or in writing of the possibility of such damage. Because some jurisdictions do not allow limitations on implied warranties, or limitations of liability for consequential or incidental damages, these limitations may not apply to you.

 

 

10. TERMINATION

 

(1) We reserve the right in our sole discretion and at any time to terminate or suspend your Membership and/or block your use of our Services for any reason including, without limitation if you have failed to comply with the letter and spirit of these Terms of Use. You agree that Zenjoy is not liable to you or any third party for any termination or suspension of your Membership or for blocking your use of our Services.

 

(2) Any suspension or termination shall not affect your obligations to us under these terms of use. these terms which by their nature should survive the suspension or termination of your Membership or survive including, but not limited to the rights and licenses that you have granted hereunder, indemnities, releases, disclaimers, limitations on liability, provisions related to the choice of law, and all of the provisions in the Section titled "MISCELLANEOUS".

 

 

11. ACCURACY OF MATERIALS

 

The materials appearing within us could include technical, typographical, or photographic errors. We do not warrant that any of the materials on its website are accurate, complete or current. We may make changes to the materials contained on its website at any time without notice. However, we do not make any commitment to update the materials.

 

 

12. ACCESS

 

You must provide at your own expense the equipment, Internet connections or mobile devices and/or service plans to access and use our services. We do not guarantee that our services are available in all geographic locations. You acknowledge that when You use our services, your wireless carrier may charge you fees for data, messaging, and/or other wireless access.

 

Check with your carrier to see if there are any such fees that apply to you. You are solely responsible for any costs You incur to access our services from your device. Your right to use our services is also predicated on your compliance with any applicable terms of agreements you have with third parties when using the services.

 

 

13. GOVERNING LAW and DISPUTES RESOLUTION

 

Except to the extent that: (1) any applicable additional terms incorporated into these Terms provide differently, or (2) the applicable laws and regulations of your jurisdiction mandate otherwise, the Agreement and any dispute or claim arising out of or in connection with the Agreement will be governed by the laws of the People's Republican of China.

 

Any dispute, controversy or claim (whether in contract, tort or otherwise) arising out of, relating to, or in connection with the Agreement, including their existence, validity, interpretation, performance, breach or termination, will be referred to and finally resolved by arbitration administered by the China International Economic and Trade Arbitration Commission (CIETAC), and the place of arbitration shall be in Beijing. Within the valid period for the arbitration, such arbitration tribunal shall subject to the arbitration rules of the CIETAC in effect at the time of the arbitration. The award of the arbitration tribunal shall be final and binding upon the two parties.

 

 

14. MISCELLANEOUS

 

(1) 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 be given any legal import.

 

(2) Except where specifically stated otherwise, if any part of these Terms of Use is unlawful or unenforceable for any reason, we both agree that only that part of the Terms of Use shall be stricken and that the remaining terms in the Terms of Use shall not be affected.

 

(3) These Terms of Use constitute the entire agreement of the parties with respect to the subject matter hereof, and supersede all previous written or oral agreements between us with respect to such subject matter.

 

(4) You may not assign these Terms of Use or assign any rights or delegate any obligations hereunder, in whole or in part, without our prior written consent. Any such purported assignment or delegation by you without the appropriate prior written consent will be null and void and of no force and effect. We may assign these Terms of Use or any rights hereunder without your consent and without notice.

 

 

15. CONTACT INFORMATION

 

If you have any questions, feedback, complaints or claims with respect to our Services, you may contact us at privacy@zentertain.net.