Last Updated: June 09, 2023

Acknowledgement

The following Terms of Service governs the use of our applications, games, and websites (referred to as “Services”) and the agreement that operates between you and Zamfate Limited (trading and referred to as “Zamfate”). These Terms of Service set out the rights and obligations of all users regarding the use of our Services.

Your access to and use of our Services is conditioned on your acceptance of and compliance with these Terms of Service. These Terms of Service apply to all visitors, users, and others who access or use our Services.

By accessing or using our Services you agree to be bound by these Terms of Service. If you disagree with any part of these Terms of Service then you may not access our Services.

Your access to and use of our Services is also conditioned on your acceptance of and compliance with the Privacy Policy ( https://zamfate.com/privacy ) of Zamfate. Our Privacy Policy describes our policies and procedures on the collection, disclosure, and usage of the information you may provide to us when using any of our Services. Please read our Privacy Policy carefully before using our Services.

Intellectual Property Rights

Our Services are the exclusive property of Zamfate and are safeguarded by copyright, trade dress, patent, trademark laws, international conventions, and other applicable laws pertaining to intellectual property and related proprietary rights in New Zealand and internationally. Unauthorised copying or reproduction of any part of our Services is strictly prohibited unless you have obtained explicit authorisation from us. By using our Services, you do not obtain any ownership rights to them.

You agree not to remove, obscure, or alter any copyright, patent, trademark, or other proprietary rights notices attached to our Services. It is strictly prohibited to sell, license, copy, modify, edit, adapt, create derivative works from, or engage in any unauthorised use of our Services. We retain all rights to our Services that are not explicitly granted to you in these Terms of Service. Unauthorised copying of our Services will result in the termination of your access and use of our Services, and may also lead to legal action. We reserve the right to pursue criminal or civil action against any unauthorised use of our intellectual property. You agree to indemnify and hold us harmless from any unauthorised or illegal conduct on your part or through your use of our Services.

User Comments and Feedback

We provide various opportunities for interaction and information sharing through our Services. This includes expressing your opinions and thoughts about us and other users in our Services via social media platforms such as Reddit, Discord, Facebook, Twitter, and Instagram, as well as digital storefronts where our Services are available. It is important to note that any opinions, views, or statements shared in these instances (excluding those made by our Zamfate’s employees or authorized agents) through posts, feedback, social media chat, or communication features of digital storefronts (referred to as "User Comments"), do not represent the opinions or views of Zamfate.

We do not engage in pre-publication review, editing, or modification of User Comments. However, we retain the right to delete or modify any User Comments at our discretion. By sharing User Comments and accepting these Terms of Service, you acknowledge that we may exercise this right without prior notice to you. Furthermore, any such changes or removals are not subject to review, appeal, or revocation.

We may publicly share or distribute User Comments on our Services, community channels, press releases, promotional materials, and marketing materials. By providing User Comments, you grant us a non-exclusive, perpetual, and irreversible right and license to use your User Comments for the purpose of promoting Zamfate and our Services.

We welcome and encourage you to share feedback, comments, and suggestions for improving our Services (referred to as "Feedback"). By providing Feedback, you acknowledge and agree that all Feedback will become the sole and exclusive property of Zamfate. Additionally, you hereby irrevocably assign to Zamfate all of your rights, title, and interest in and to the Feedback, including but not limited to worldwide patent rights, copyright rights, and other proprietary or intellectual property rights.

Links to Other Websites

Our Services may contain links to third-party websites or services that are not owned or controlled by Zamfate.

Zamfate has no control over and assumes no responsibility for the content, privacy policies, or practices of any third-party websites or services. You further acknowledge and agree that Zamfate shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, goods, or services available on or through any such websites or services.

We strongly advise you to read the terms of service and privacy policies of any third-party websites or services that you visit.

Termination

We may terminate or suspend your access immediately, without prior notice or liability, for any reason whatsoever, including without limitation if you breach these Terms of Service.

Upon termination, your right to use our Services will cease immediately.

Limitation of Liability

Notwithstanding any damages that you might incur, the entire liability of Zamfate and any of its suppliers under any provision of these terms and your exclusive remedy for all of the foregoing shall be limited to the amount actually paid by you through our Services.

To the maximum extent permitted by the applicable law, in no event shall Zamfate or its suppliers be liable for any special, incidental, indirect, or consequential damages whatsoever (including, but not limited to, damages for loss of profits, loss of data or other information, for business interruption, for personal injury, loss of privacy arising out of or in any way related to the use of or inability to use our Services, third-party software and/or third-party hardware used with our Services, or otherwise in connection with any provision of these terms), even if Zamfate or any supplier has been advised of the possibility of such damages and even if the remedy fails of its essential purpose.

Some states do not allow the exclusion of implied warranties or limitation of liability for incidental or consequential damages, which means that some of the above limitations may not apply. In these states, each party’s liability will be limited to the greatest extent permitted by law.

Warranty Disclaimer

Our Services is provided to you “AS IS” and “AS AVAILABLE” and with all faults and defects without warranty of any kind. To the maximum extent permitted under applicable law, Zamfate, on its own behalf and on behalf of its affiliates and its and their respective licensors and service providers, expressly disclaims all warranties, whether express, implied, statutory or otherwise, with respect to our Services, including all implied warranties of merchantability. Fitness for a particular purpose, title and non-infringement, and warranties that may arise out of course of dealing, course of performance, usage or trade practice. Without limitation to the foregoing, Zamfate provides no warranty or undertaking, and makes no representation of any kind that our Services will meet your requirements, achieve any intended results, be compatible or work with any other software, applications, systems or services, operate without interruption, meet any performance or reliability standards or be error-free or that any errors or defects can or will be connected.

Without limiting the foregoing, neither Zamfate nor any of the company’s provider makes any representation or warranty of any kind, express or implied: (i) as to the operation or availability of our Services, or the information, content, and materials or products included thereon; (ii) that our Services will be uninterrupted or error-free; (iii) as to the accuracy, reliability, or currency of any information or content provided through our Services; or (iv) that our Services, its servers, the content, or emails sent from or on behalf of Zamfate are free of viruses, scripts, trojan horses, worms, malware, timebombs, or any other harmful components.

Some jurisdictions do not allow the exclusion of certain types of warranties or limitation on applicable statutory rights of a consumer, so some or all of the above exclusions and limitations may not apply to you. But in such a case the exclusions and limitations set forth in this section shall be applied to the greatest extent enforceable under applicable law.

Disputes Resolution

If you have any concern or dispute about our Services, you agree to first try to resolve the dispute informally by contacting Zamfate.

Indemnity

You agree to defend, indemnify, and hold Zamfate, as well as our employees, directors, representatives, and agents, harmless from any claims, liabilities, damages, losses, and expenses, including reasonable legal and accounting fees, that may arise from or be connected with your access to or use of our Services, or your violation of these Terms of Service.

Injunctive Relief

You acknowledge that a breach of these Terms of Service would result in irreparable harm to us, for which monetary damages alone would not be sufficient as a remedy. Therefore, we are entitled to seek equitable relief in addition to any other remedies available under these Terms of Service or at law. This entitlement extends without the requirement of a bond, other security, or the need to prove damages.

Governing Law

The laws of New Zealand, excluding its conflicts of law rules, shall govern these terms and your use of our Services. Your use of our Services may also be subject to other local, state, national, or international laws.

For European Union (EU) Users

If you are a European Union consumer, you will benefit from any mandatory provisions of the law of the country in which you are resident in.

United States Legal Compliance

You represent and warrant that (i) you are not located in a country that is subject to the United States government embargo, or that has been designated by the United States government as a “terrorist supporting” country, and (ii) you are not listed on any United States government list of prohibited or restricted parties.

Severability and Waiver

If any provision of these Terms is held to be unenforceable or invalid, such provision will be changed and interpreted to accomplish the objectives of such provision to the greatest extent possible under applicable law and the remaining provisions will continue in full force and effect.

Except as provided herein, the failure to exercise a right or to require performance of an obligation under these terms shall not affect a party’s ability to exercise such right or require such performance at any time thereafter nor shall the waiver of a breach constitute a waiver of any subsequent breach.

Translation Interpretation

These Terms of Service may be translated if we have made them available to you on our Services. You agree that the original English text shall prevail in the case of a dispute.

Changes to these Terms of Service

We reserve the right, at our sole discretion, to modify or replace these terms at any time. If a revision is material, we will make reasonable efforts to provide at least 30 days’ notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion. You agree to check these Terms of Service periodically for new information and terms that govern your use of our Services.

By continuing to access or use our Services after those revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, in whole or in part, please stop using our Services.

Contact Us

If you have any questions about these Terms of Service, you can contact us by email at [email protected]