Welcome to ZinGames! We, ApplySet Media (hereinafter: “ZinGames”, “us", "we", or "our"), a company established under the Indian low, welcome you to our online platform accessible at https://zingames.com or http://zingames.com. Here, we provide access to a variety of virtual environments, games, and other engaging content, along with downloadable software or applications suitable for personal computers, tablets, mobile devices, or phones. As a user of the ZinGames Website, referred to as "Website Visitors," you are bound by the terms and conditions outlined in this document, known as the "Terms of Use."
Before proceeding to explore or utilize any part of the ZinGames Website, we urge you to carefully review these Terms of Use. By accessing or using any portion of this ZinGames Website, you indicate that you have read, comprehended, and agreed to abide by these Terms of Use, subject to any future amendments made by ZinGames. Should you disagree with any aspect of these Terms of Use or find them unsatisfactory, your sole recourse is to refrain from accessing or using any part of this ZinGames Website.
ZinGames reserves the right to modify and update these Terms of Use at its discretion, with any revisions being communicated by posting the amended Terms of Use on the ZinGames Website. Your continued usage of the ZinGames Website following such changes indicates your acceptance and adherence to the revised Terms of Use. Failure to comply with these Terms of Use or dissatisfaction with the ZinGames Website warrants discontinuation of use as the exclusive remedy.
1. Responsible Use of the ZinGames Platform
(i) Commercial Use Restrictions: Users are prohibited from reproducing, distributing, or exploiting any part of the ZinGames Website for commercial purposes without explicit written permission from ZinGames.
(ii) User-Generated Content Responsibility: Content submitted to public areas of the ZinGames Website is the responsibility of the submitter. ZinGames does not endorse or guarantee the accuracy of such content. Users warrant that any material uploaded is either their own, in the public domain, or free of proprietary restrictions. By submitting content, users grant ZinGames the right to use it in various capacities.
(iii) Moderation and Termination: ZinGames reserves the right to remove any material deemed inconsistent with these terms, monitor communications, and terminate user access to the ZinGames Website. However, ZinGames is not liable for content provided by third parties.
(iv) Consequences of Non-Compliance: Failure to adhere to these provisions may result in termination of access to the ZinGames Website and potential civil or criminal liabilities.
(v) Compliance with Legal Standards: Your use of the ZinGames Website must adhere to all applicable laws and regulations. Specifically, you agree not to:
Advertising: Post advertisements or solicitations of business.
Unauthorized Data Collection: Collect information about others without their consent.
Unauthorized Access: Intercept or attempt to intercept electronic mail not intended for you.
Misrepresentation: Falsely represent an affiliation with any individual or organization.
Interference: Restrict or inhibit others' use of the ZinGames Website.
Malicious Content: Upload or transmit files containing viruses or corrupted data.
Privacy Violation: Solicit, provide, or exchange personal information without consent.
Illegal Distribution: Download or transmit software or files that cannot be legally distributed through the ZinGames Website.
Content Restrictions: Upload or transmit any defamatory, indecent, obscene, harassing, violent, or otherwise objectionable material. This includes content that may be protected by copyright, without obtaining the necessary permissions.
Spam: Post spam or engage in similar activities like transmitting chain letters.
Privacy Violation: Solicit, provide, or exchange personal information without consent.
Harassment: Engage in stalking, phishing, or harassment of other users.
Violation of Rights: Utilize the ZinGames Website to infringe upon the legal rights of others or to breach laws in any jurisdiction.
Conduct Limitation: Conduct any activity that restricts or inhibits others' use or enjoyment of the ZinGames Website, or that may harm ZinGames or Website Visitors, as determined by ZinGames.
2. Safeguarding Personal Information
At ZinGames, we prioritize the protection of your privacy. We understand the importance of safeguarding your personal information. Our commitment to privacy is outlined in detail in our Website Privacy Policy.
3. Age Requirement
To access and enjoy the offerings of the ZinGames Website, users must certify that they are at least 13 years old. Individuals under the age of 13 are encouraged to visit our ZinGames Kids website (the “kids.zingames.com Website”), designed specifically for younger audiences.
4. Game Embedding Policy
At ZinGames, we offer the opportunity for other websites to embed portions of our gaming platform, ZinGames, through an iframe mechanism. However, this privilege comes with certain responsibilities and restrictions:
Embedding Process: ZinGames allows other websites to embed portions of our platform through an iframe, provided that the website includes an "embed" button to retrieve the iframe source code.
Advertising: When games are embedded, they may contain in-game advertisements. These advertisements are an integral part of the gaming experience.
Qualification Withdrawal: ApplySet Media reserves the right to withdraw qualification for embedding at any time. We may also block sites from embedding games at our discretion, without prior warning or the need to provide justification.
Prohibited Actions: It is strictly forbidden to engage in the following actions:
Reproduce, modify, adapt, translate, or create derivative works of any iframed portion of ZinGames.
Remove, hide, or obstruct the visibility of any copyright, trademark, or other proprietary rights notice from the iframed portion of ZinGames.
Interfere with the performance of links within the iframed portion of ZinGames.
Interfere with the operation of advertising included in the iframed portion of ZinGames.
Add any layers above the iframed portion of ZinGames.
Discontinuation: ApplySet Media reserves the right to discontinue an iframed portion of ZinGames at any time.
We appreciate your cooperation in adhering to these guidelines. Failure to comply may result in the termination of embedding privileges.
5. User Profiles and Interactive Platforms
At ZinGames, we may introduce functionality allowing site visitors to share materials through the ZinGames platform. This includes profile pages and interactive services such as forums, message boards, chatting, commenting, and messaging features. However, it is important to adhere to our Rules of Conduct outlined in Section 1.
Submission Responsibility: Users are responsible for any materials they share on the ZinGames platform. ApplySet Media does not have control over, and cannot be held liable for, any use or misuse of these Submissions by third parties.
Public Disclosure: If you choose to make any personally identifiable or other information publicly available on ZinGames, you do so at your own risk. However, please refer to Section 1 (V) of our Privacy Policy for details regarding the collection of personal information.
We encourage responsible sharing and interaction within our community. Please review and adhere to our guidelines to ensure a positive experience for all ZinGames users.
6. Compatibility with Your Devices
It's essential to be aware that when utilizing downloadable applications from ApplySet Media, updates to your device's systems or firmware could potentially affect the compatibility of the applications. ApplySet Media cannot guarantee that the ZinGames Website or any applications provided will remain compatible with all updates to your devices. While ApplySet Media reserves the right to provide updates aimed at enhancing compatibility with updated mobile devices, such updates are not obligatory.
7. Intellectual Property Protection
The entirety of the content on the ApplySet Media website, including all textual information, visual displays, images, audio, and any software provided through or in connection with the ZinGames Website, along with its design, arrangement, and selection, is the exclusive property of ApplySet Media, its affiliates, or licensors. This content is safeguarded by both Dutch and international laws governing copyrights, trademarks, trade secrets, and other proprietary rights.
You are permitted to utilize the content on the ZinGames Website solely for personal use related to your engagement as a current or potential user of the ZinGames Website. However, without prior written consent from ApplySet Media, you may not engage in activities such as copying, modifying, creating derivative works, publicly displaying or performing, republishing, storing, transmitting, or distributing any material from this ZinGames Website.
Limited exceptions include: (a) storing temporary copies of materials in RAM, (b) storing files automatically cached by your web browser for display enhancement purposes, and (c) printing a reasonable number of ZinGames Website pages, provided that copyright and other proprietary notices remain intact.
It's essential to note that neither the title nor any intellectual property rights to the information or materials on the ZinGames Website are transferred to you. These rights remain with ApplySet Media or the relevant content owner.
8. Data Usage Responsibility
In your engagement with the ZinGames Website or any ZinGames application, should it necessitate or involve wireless, cellular data, or internet access, you bear sole responsibility for procuring the requisite data access service. This means that any charges incurred due to data usage, such as those imposed by your mobile device service provider, are your responsibility.
For instance, if your data plan provider charges fees for accessing data while using the ZinGames Website or ZinGames applications on your mobile devices, you are accountable for settling these charges directly with the provider. It's important to recognize that all such charges payable to third parties fall under your purview.
9. Our Responsibility and Liability
ApplySet Media prioritizes your security and satisfaction while using ZinGames. Here's what you need to know about our Limitation of Liability:
Comprehensive Coverage: To the fullest extent permitted by applicable law, ApplySet Media will not be liable for any indirect, incidental, consequential, special, exemplary, or punitive damages of any kind. This includes damages for loss of profits, use or data, loss of other intangibles, or loss of security of submissions, such as unauthorized interception by third parties.
Website Content Disclaimer: While we endeavor to provide accurate and reliable information on the ZinGames Website, we do not assume liability for the materials, information, and opinions presented. Your reliance on the content available on our website is at your own risk.
Scope of Liability: We are not liable for damages resulting from your use of or inability to use the Site, or from any products or third-party materials accessed through the Site. This includes any damages arising from viruses transmitted in connection with the Site.
Disclaimer of Warranties: The ZinGames Website is provided on an "as is" and "as available" basis, without any warranty or guaranty, whether expressed or implied. We make no assurances regarding merchantability, fitness for a particular purpose, or non-infringement.
Your Remedy: If you are dissatisfied with the Site or any products or third-party materials, your sole and exclusive remedy is to discontinue using the Site.
Maximum Liability: In the event of any liability, our maximum aggregate liability for all damages, losses, and causes of action shall be the greater of the total amount paid by you to use the Site (if any) or 100 EUR. Please note that the use of the Site is free of charge.
Benefit for All: All limitations of liability, including those outlined in this section and elsewhere in this Agreement, are made for the benefit of both ApplySet Media and our affiliated entities, as well as their respective successors and assigns.
We are committed to ensuring your safety and satisfaction while using ZinGames. If you have any concerns or questions about our Limitation of Liability, please don't hesitate to reach out to us. At privecy@zingames.com
10. Software Access and Utilization
When ZinGames provides options for downloading software or accessing it through this ZinGames Website, and you choose to download or access such software, it's crucial to understand the terms of use surrounding it. The software, inclusive of any data or images integrated into or produced by it, is licensed to you by ZinGames.
It's important to note that you do not acquire ownership rights to this software. Your usage rights are restricted to utilizing the software solely for the purpose of engaging with the features or services offered by ZinGames through the ZinGames Website. Any attempt to modify, adapt, reverse engineer, decompile, disassemble, or otherwise tamper with the source code of such software is strictly prohibited.
Unless expressly permitted, you are not authorized to develop derivative works from the software or any services accessible on the ZinGames Website. This license granted to you is subject to revocation at ZinGames' discretion, with or without cause, and without prior notice. In such an event, you agree to either destroy or return all copies of the software in your possession or control.
Furthermore, the use of the software is governed by all restrictions outlined in these Terms of Use, including disclaimers of warranties. If the software is additionally governed by a separate end-user license agreement, the terms of that agreement supersede any conflicting terms in these Terms of Use.
11. Network Integrity and Usage
Ensuring the integrity and smooth operation of the ZinGames Website is paramount. By accessing our platform, you commit to the following:
(a) Responsible Access: You pledge not to employ any automated means, such as robots or spiders, to access the ZinGames Website. Manual monitoring or copying of any material on the site for unauthorized purposes is strictly prohibited without prior written consent from ZinGames.
(b) Interference Prohibition: Under no circumstances should you employ any device, software, or routine that disrupts the proper functioning of the ZinGames Website. Any attempt to interfere with its operation is considered a breach of these terms.
(c) Avoiding Overload: You agree not to take actions that place an unreasonable burden on ZinGames' infrastructure. This includes refraining from actions that could overload our servers or disrupt the experience of other users.
(d) Transactional Limitations: Actions such as repeatedly accessing transactional pages or making excessive requests to our servers within a short timeframe are strictly prohibited. Each transactional page should only be accessed or refreshed once within a three-second interval.
Your adherence to these guidelines is essential for maintaining the integrity and functionality of the ZinGames platform for all users.
12. Special Offers and Events
ApplySet Media occasionally offers exciting opportunities such as sweepstakes, contests, surveys, games, or other promotions (collectively referred to as “Special Offers”) through the ZinGames platform. It's important to note the following:
Separate Rules: Special Offers may have specific rules and terms that differ from those outlined in this Agreement. These rules are separate and should be reviewed independently. If you decide to participate in any Special Offers, please take the time to read and understand the applicable rules, as well as our Privacy Policy.
Priority of Rules: In the event of any conflict between the rules of a Special Offer and the terms of this Agreement, the rules specific to the Special Offer will take precedence and govern your participation.
13. Brand Identity and Trademarks
At ZinGames, our brand identity is a cornerstone of our business. Here's what you need to know about trademarks:
(a) Ownership: The names, logos, product and service names, designs, and slogans associated with ZinGames are exclusive trademarks owned by ZinGames, its affiliates, licensors, or contractors, unless explicitly stated otherwise in written form.
(b) Usage Restrictions: Unauthorized use of these trademarks is strictly prohibited without prior written consent from ZinGames. This includes any attempt to use our trademarks for commercial or promotional purposes without our explicit permission.
(c) Identification Purposes: Any other names, brands, or marks mentioned on the ZinGames Website or associated software are used solely for identification purposes. They may be trademarks owned by their respective owners.
Respecting our trademarks helps maintain the integrity of the ZinGames brand and ensures clear identification of our products and services.
14. Engagement with Other Users
Interacting with fellow users is a fundamental aspect of the ZinGames experience. Here's what you need to know about engaging with others on our platform:
(a) Release of Claims: By accessing the ZinGames Website, you agree to release ApplySet Media, along with its shareholders, partners, affiliates, directors, officers, subsidiaries, employees, agents, suppliers, third-party information providers, licensors, licensees, distributors, and contractors, from any claims, demands, and damages arising from disputes with other users. This includes both actual and consequential damages of every kind and nature.
(b) Dispute Resolution: While ZinGames is not obligated to do so, we reserve the right to resolve disputes between users regarding the use of our website. If we choose to intervene, we will do so in good faith. By accessing the ZinGames Website, you further release ApplySet Media and its affiliates from any claims, demands, and damages arising from our resolution of such disputes.
Interacting with other users enriches the ZinGames community, and we are committed to fostering a positive and respectful environment for all.
15. Protection and Support
We're committed to your safety and well-being while using ZinGames. Here's what you need to know about our indemnification policy:
(a) Your Agreement: By accessing the ZinGames Website, you agree to indemnify and hold harmless ApplySet Media, along with its shareholders, partners, affiliates, directors, officers, subsidiaries, employees, agents, suppliers, third-party information providers, licensors, licensees, distributors, contractors, and other entities involved in ZinGames operations. This indemnification extends to any and all liabilities, expenses, damages, and costs, including reasonable attorney's fees, arising from your violation of these Terms of Use or your use of the ZinGames Website, products, services, or information obtained from it.
(b) Legal Protection: We're here to support you. In the event of any legal claims or challenges arising from your use of ZinGames, we'll provide the necessary legal defense and support to protect your interests.
Your safety and security are our top priorities at ZinGames. We're here to ensure that your experience on our platform is both enjoyable and risk-free.
16. Engagement and Contributions
At ApplySet Media, we highly value your input and contributions. Here's what you need to know about our policy regarding comments and submissions:
(a) Ownership of Submissions: Any comments, suggestions, or other information you provide to ZinGames or its partners in response to requests on the ZinGames Website become the property of ApplySet Media. By submitting such content, you agree to transfer all intellectual property rights to ZinGames in advance. This includes any developments resulting from your submissions.
(b) Rights Granted to ZinGames: You grant ZinGames a non-exclusive, royalty-free, worldwide license to use, modify, distribute, and sublicense the materials you submit for any purpose related to ZinGames' web presence, products, and services.
(c) Expectations: You should not expect any form of review, compensation, or consideration for your submissions. Your contributions are voluntary and appreciated, but they do not entitle you to any specific rewards or benefits.
We encourage your active participation and welcome your feedback to help us improve the ZinGames experience for everyone.
17. External Links and Resources
We understand the value of connecting our users with additional resources. Here's what you should know about links to other websites:
(a) Provided for Convenience: The ZinGames Website may include links to third-party websites or resources. These links are offered solely for your convenience and ease of access.
(b) Not an Endorsement: ZinGames does not necessarily endorse the content found on linked third-party websites or resources. The inclusion of such links does not imply endorsement of the content or views expressed therein.
(c) User Discretion Advised: Accessing linked third-party websites or resources is at your own risk. ZinGames is not responsible for the content or reliability of external sites, and users should exercise caution when navigating to these destinations.
We aim to provide a diverse range of resources to enhance your experience, but we encourage users to use discretion and diligence when exploring external links.
18. Protection of Intellectual Property Rights
At ZinGames, we take intellectual property rights seriously. Here's how we address copyright and other infringements:
(a) Monitoring and Enforcement: ZinGames reserves the right to terminate your access to the ZinGames Website if we determine, in our sole discretion, that you are repeatedly infringing on intellectual property rights related to the ZinGames Website. Additionally, we may limit your access or terminate your membership for any infringement of others' intellectual property rights, regardless of whether it constitutes repeat infringement.
(b) Reporting Infringements: If you encounter any content on the ZinGames Website that you believe infringes on copyright, other intellectual property rights, or privacy rights of a third party, or if you suspect a violation of our Terms of Use, please reach out to our designated agent at privacy@zingames.com.
We are committed to maintaining a respectful and lawful online environment, and your cooperation in reporting potential infringements is invaluable.
19. Jurisdiction and Governing Law
At ApplySet Media, we prioritize transparency and clarity regarding the legal framework surrounding your use of the ZinGames Website:
(a) Applicable Law: These Terms of Use are governed by the laws of the India, without regard to its conflicts of law principles. It's important to note that if your rights under these Terms of Use are impacted by consumer protection laws in your country of residence, you should refrain from using our ZinGames Website.
(b) Dispute Resolution: Any dispute arising from these Terms of Use or your utilization of the ZinGames Website will be exclusively resolved in the competent court’s of India, However, if you reside in an EU member state or a country where such a clause is prohibited by local law, this provision does not apply to you. It's designed to ensure compliance with applicable consumer protection laws in your jurisdiction, preserving your rights accordingly.
Final Provisions
At ApplySet Media, we believe in clarity and comprehensiveness in our agreements with you. Here are the final provisions outlining our understanding:
(a) Entire Agreement: These Terms of Use, subject to periodic amendments, represent the entirety of the agreement between you and ZinGames concerning the ZinGames Website. Any prior oral or written communications regarding the ZinGames Website are superseded by these terms.
(b) Limitation of Actions: Any legal actions related to the ZinGames Website must be initiated within one (1) year of the claim's occurrence, or they will be barred.
(c) Irreparable Harm: You acknowledge that any violation of these Terms of Use, particularly regarding the use of the ZinGames Website, may cause irreparable harm to ZinGames. In such cases, remedies at law may be insufficient, and ZinGames reserves the right to seek equitable relief.
(d) Third-Party Beneficiaries: ZinGames' licensors and contractors are direct third-party beneficiaries of the terms outlined in these Terms of Use. They have the authority to enforce these terms concerning their products or services against you.
(e) Severability: If any part of these Terms of Use is deemed unenforceable, the remaining provisions will still be upheld to the fullest extent possible to reflect the original intentions of the parties.
(f) Survival of Terms: Sections pertaining to the protection of ZinGames' intellectual property rights, disclaimers, limitations of liability, choice of law, indemnification obligations, and any licenses granted by you to ZinGames will continue to apply even after the termination of these Terms of Use.
(g) Waiver: ZinGames' failure to enforce any provision of these Terms of Use does not constitute a waiver of that provision. No modification of these terms will be inferred from a course of dealing, conduct, or trade practices between you and ZinGames.
Get in Touch with Us
At ApplySet Media, we value your feedback, we understand that sometimes issues may arise, and we're here to help. If you have any complaints or concerns regarding ZinGames, we encourage you to reach out to us. Here's how you can reach out to us:
Contact Form: Fill out our contact form available at our contact us page. Simply provide your details and message, and we'll get back to you as soon as possible.
Email: Send us an email at privacy@zingames.com. Whether you have a question or complaint, our legal team is ready to assist you promptly.
Mail: You can also reach us by traditional mail at the following address:
Address:
Applyset Media
88, Gokul park, Utran, Chorasi, Surat- 394105, Gujarat, India
privacy@zingames.com
We are committed to providing you with the support and assistance you need to enhance your experience with ZinGames. Your feedback helps us improve, so don't hesitate to get in touch with us.