Terms of use
1. Introduction
These terms of use (Terms) set out the relationship between you and Brinemedia (“us” or “we”) regarding your use of our games and services. By downloading or playing our games and services you agree to these Terms. Please read these Terms. If you do not understand these Terms, or do not accept any part of them, then you should not use or purchase the Services. By installing or using our Services you accept our Terms and Privacy Policy. If a child under age 13 wishes to use our Services, the child’s legal guardian agrees to these Terms as a precondition to the child’s use. You can access these Terms at any time at Brinemedia. We reserve the right, at our sole discretion, to change, modify, add or remove portions of our Terms, Privacy Policy by posting the amended terms at brinemedia.com. Your continued use of our Services confirms your acceptance of the updated Terms or Privacy Policy.
2. Right To Use Our Services
(2.1) Subject to these Terms, we grant you a non-exclusive, non-transferrable, non-sublicensable, limited right to use our Services for your own personal, non-commercial, entertainment purposes. You agree not to use our Services for any other purpose. The rights granted to you are subject to your full compliance with these Terms.
(2.2) Except as set out in clause 2.1, you do not receive any other license and we retain all right, title and interest in and to the Services. This means we own at all times all copyright, trade marks, code, software, characters, themes, character names, game names, storylines, dialogue, settings, artwork, sounds effects, music, in-app items, gameplay recordings, trade secrets, patents, titles, and any and all rights in, or derived from, the Services. The Services must not be copied, reproduced or distributed in any manner or any medium without our prior written consent, which will be granted or withheld in our sole discretion.
(2.3) The licence ends on the earlier of your disposal of the Services or our termination of the licence in accordance with these Terms.
3. Virtual Items
(3.1) Our Services may include Virtual Items. These items can be earned through gameplay or “purchased” with legal currency.
(3.2) You agree that Virtual Items only exist within our Services and can never be exchanged for real money, real goods or real services from us or anyone else. You do not own Virtual Items but instead you purchase a limited personal revocable licence to use them. Any balance of Virtual Items does not reflect any stored value.
(3.3) We reserve the right to control, regulate, change or remove any Virtual Items without notice and without any liability to you.
(3.4) You are not entitled to bring any Claims in respect of, and do not suffer, any Loss as a result of any "loss" of or "damage" to your Virtual Items. To the full extent permitted by law, we will not be liable to compensate you in respect of any matter whatsoever related to the Virtual Items, including but not limited to any Loss you allege to have suffered or any Claims you allege to be entitled to bring.
(3.5) If we suspend or terminate your Account due to your breach of these Terms you will lose any Virtual Items that you may have and we will not compensate you for this loss or make any refund to you.
(3.6) If you successfully request that your personal data be deleted in accordance with the Privacy Notice, you will permanently lose all your Virtual Items, and other Account information, will not have any right to refund. Once deleted, we can no longer associate such any Virtual Items with you.
(3.7) Virtual Money and virtual Goods may only be purchased and held by legal residents of countries where access to and use of the Services are permitted. If you live in the European Union, you have certain rights to withdraw from online purchases. However please note if you download Virtual Money from us, your right of withdrawal ends. You agree that purchase of Virtual Money involves immediate download of such Content, and you lose your right of withdrawal once the purchase is complete.
4. Your Obligations
(4.1) You will not:
1. use or promote the use of any form of cheats, modifications, exploits or other unauthorised means to interfere with, or gain undue advantage in your use of, our Services;
2. attempt to gain unauthorised access to our Services;
3. make any automated use of our Services;
4. impersonate any other person in your use of our Services;
5. post another person’s personal information or data through our Services without that person’s consent;
6. attempt to decompile, reverse engineer, disassemble or hack any of our Services, or to defeat or overcome any of our encryption technologies or security measures or data transmitted, processed or stored by us;
7. copy, distribute, make available to the public or create a derivative work from our Services or any part thereof unless we have first agreed to this in writing;
8. use our Services to gather, accumulate or otherwise aggregate information or data including, but not limited to, data or information about us, our Services or other users; or
9. use our Services in connection with the actual or attempted contravention of any laws.
(4.2) You are responsible for ensuring that your installation and use of our Services does not cause you to exceed any data usage quotas or other limitations that may apply to your internet service or other services acquired from third parties.
(4.3) You must comply with the terms of service of the relevant digital storefront where you obtained our Services, including but not limited to the Apple App Store, the Google Play Store and the Amazon App Store.
(4.4) You must comply with any applicable third party terms of agreement when using our Services.
(4.5) To use our Services you must:
1. not be located in a country that is subject to an embargo by the government of the United States of America or the European Union;
2. not be included on any list of prohibited or restricted parties by the government of the United States of America or the European Union; and
3. comply with the laws that apply to you in the location that you access our Services from. If any laws applicable to you restrict or prohibit you from using our Services, you must comply with those legal restrictions or, if applicable, stop accessing and using our Services.
5. Advertising
(5.1) You understand that:
1. our Services may feature advertisements from us and/or third parties;
2. we may at our sole discretion introduce advertising into any of our Services that do not presently contain advertising, unless we have explicitly stated that Service will be an advertising-free Service;
3. we are not responsible for the content of any third party advertisements, nor the content of any website or other materials that may be linked to by third party advertisements, and you view those third party websites and materials at your sole risk; and
4. we provide information to third party advertisers in accordance with our Privacy Policy.
6. Disclaimer & Release
(6.1) To the fullest extent permitted by law, we are not liable for any claims or losses arising directly or indirectly from:
1. a failure to provide our services, or any part thereof;
2. corruptions to or loss of data, errors or interruptions occurring in the course of using, or as part of, any of our services;
3. any suspension or discontinuance of any of our services, or any part thereof; or
4. any use of our services by other users, including any use of our services by other users which contravenes these terms.
7. Warranty
(7.1) Our services are provided on an “as is” and “as available” basis for your use. You understand that our services cannot be guaranteed to be error free and the existence of any errors will not be a breach of these terms.
(7.2) Except as expressly provided to the contrary in these terms, and to the full extent permitted by law: 1. we will not be liable to you for any loss, including special, indirect or consequential damages (such as loss of profits), or claim, arising out of breach of these terms or arising out of the supply of defective services;
(7.3) You agree that you have exercised your independent judgment in acquiring our services and have not relied on any representation we have made which has not been stated expressly in these terms or upon descriptions or illustrations or specifications contained in any document including catalogues or publicity material produced by us.
(7.4) If you purchased our services from the Apple App Store, in the event of any failure of our services to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price to you. You agree that, to the maximum extent permitted by law, Apple will have no other warranty obligation whatsoever with respect to our services, and any other claims, losses, damages, costs or expenses attributable to any failure to conform to any warranty will be dealt with by us in accordance with these terms.
8. General
(8.1) Entire agreement - These Terms, our Privacy Policy set out the entire agreement between you and us concerning our Services and they replace all earlier agreements and understandings between you and us.
(8.2) Severability - If any part of these Terms are found to be invalid or unenforceable, that part will be limited or eliminated to the minimum extent necessary so that these Terms will otherwise remain in full force and effect and enforceable.
(8.3) Waivers - Our failure to exercise or enforce any of our rights under these Terms does not waive our right to enforce such right. Any waiver of such rights shall only be effective if it is in writing and signed by us.
(8.4) Governing Law - These Terms are governed exclusively by the law in force in Kyiv, Ukraine. All legal actions in connection with these Terms shall be bought in the state or federal courts located in Kyiv, Ukraine.
(8.5) Force Majeure - Notwithstanding anything else contained in these Terms, we are not liable for any delay in or failure to comply with these Terms if the delay or failure is caused by circumstances beyond our reasonable control, including without limitation, fire, flood, act of God, strikes, lock outs, stoppage of work, trade disputes or any act of war or terrorism.
If you have any questions or concerns you can contact us at contact@zombiederby.com
Last updated: 11 March 2022
