These Terms of Service (the “Terms” or “Agreement”) are a legally binding agreement between our company
and its Affiliates (collectively, “Zahid Khan's Apps”, “we”, “us”, or “our”) and you (“You” or “Your”)
with respect to your use of or access to Zahid Khan's Apps’s mobile or web applications, games,
websites, and/or any other services owned, operated, and published by Zahid Khan's Apps (collectively,
the “Services”). Affiliates shall mean subsidiaries, parent companies, joint ventures, and other
organizations or entities under common ownership with our company.
PLEASE REVIEW THESE TERMS
CAREFULLY BEFORE USING THIS SERVICE. BY INSTALLING, USING, OR OTHERWISE ACCESSING ANY SERVICE, YOU AGREE
TO AND ACCEPT THESE TERMS AND ACKNOWLEDGE THAT YOU READ, UNDERSTAND, AND AGREE TO BE LEGALLY BOUND BY
THE TERMS. IF YOU DO NOT AGREE TO THESE TERMS, PLEASE EXIT SUCH SERVICE IMMEDIATELY AND DO NOT INSTALL,
USE OR OTHERWISE ACCESS THE SERVICES. USE OF THE SERVICES IS VOID WHERE PROHIBITED.
In addition
to this Agreement, the Zahid Khan's Apps privacy policy (the “Privacy Policy”) applies to your use of or
access to the Services, and you should review it prior to any use of or access to the Services. Your use
of or access to the Services is strictly subject to these Terms as may be updated from time to
time.
1: Change To The Terms And Services
Zahid
Khan's Apps reserves the
right, at its sole discretion, to change, modify the Terms, its Privacy Policy and other relevant Zahid
Khan's Apps policies, at any time and from time to time by posting the amended terms, policies or rules
on the Zahid Khan's Apps Services. You may be required to accept updates to the Services in order to
continue use or access. You will be deemed to have accepted such changes and updates in their entirety
and without reservation by continuing to use or access the Services. If at any point you do not agree to
any portion of the then-current version of our Terms, the Privacy Policy, or any other Zahid Khan's Apps
policies, or other codes of conduct relating to your use of or access to the Services, your use of or
access to the Services shall immediately terminate.
2: Right To Use The
Services
Subject to your continuous compliance with the Terms, the Privacy
Policy,
or any other Zahid Khan's Apps policies, or other codes of conduct, Zahid Khan's Apps grants to you a
non-exclusive, personal, worldwide, non-transferable, non-sub-licensable and revocable limited license
to access and use the Services solely for your own non-commercial entertainment purposes by accessing
the Services through a web browser or mobile device. You explicitly agree that you will not use the
Services for any other purpose other than as provided for by these Terms. You agree not to copy, modify,
create a derivative work of, reverse engineer, decompile or otherwise attempt to extract source code of
the Services or to allow or assist anyone else to do so.
Zahid Khan's Apps expressly reserves the
right to deny anyone access to the Services at any time for any reason with or without notice. You agree
that Zahid Khan's Apps may cease providing the Services or change the content of the Services at any
time for any reason with or without notice to you without liability. YOU MUST BE THIRTEEN (13) YEARS OF
AGE OR OLDER TO USE THE SERVICES. Additionally, if you are using or accessing the Services from a
jurisdiction that requires a person to be older in order to participate legally in the Services, then
you represent and undertake that you are of such legal age. Zahid Khan's Apps reserves the right to
request proof of age at any stage to verify that persons not of legal age are not using or accessing the
Services. If you access the Services from a Social Networking Site (“SNS”), such as Facebook or Google+,
then you acknowledge that you have also complied with, and will continue to remain in compliance with,
the terms of service/use of such SNS as well as the Terms for the duration of your use of the
Services.
3: Account With Zahid Khan's Apps
You may be
required to
register and establish an account in order to use the Services. You agree to provide accurate and
complete registration information, and you will be responsible for keeping your password
confidential.
Your account is unique to you, and you may neither transfer (or otherwise make
available) your account to others, nor use anyone else’s account at any time. If you distribute your
account or related information, Zahid Khan's Apps reserves all rights to terminate your account
immediately and without refund.
You shall not create an account using a false identity or
information, or on behalf of someone other than yourself.
You are responsible for maintaining the
confidentiality of your account information (including usernames, passwords and billing information).
Zahid Khan's Apps is not liable for any loss that you may incur as a result of someone else using your
account, whether or not that activity is authorized by you.
You are liable for any losses or
damages incurred by Zahid Khan's Apps or any third party as a result of someone else using your account.
In the event of theft, unauthorized use, or any other breach of security on your account, you must
notify Zahid Khan's Apps in writing immediately.
You are responsible for any and all activities
that occur under or in connection with your account created in order for you to use the
Services.
4: Intellectual Property/Ownership
All
materials that are part
of the Services (including, but not limited to, games, applications, code, themes, maps, character,
stories, concept, animation, artwork, effect, methods of operation, transcript, designs, text, graphics,
pictures, video, information, applications, software, music, brand, sound and other files, and their
selection and arrangement) are protected by law from unauthorized use. The entire contents of the
Services are copyrighted under the applicable copyright laws and/or similar laws of other
jurisdictions.
You agree that no materials that are part of the Services may be modified, copied,
distributed, framed, reproduced, republished, downloaded, scraped, displayed, posted, transmitted, or
sold in any form or by any means, in whole or in part, or otherwise exploited without Zahid Khan's
Apps’s express prior written permission, except that the foregoing does not apply to your own User
Content (as defined below). All other uses of copyrighted material, including any derivative use,
require express prior written permission from Zahid Khan's Apps. Any reproduction or redistribution of
materials not in accordance with these Terms is expressly prohibited and may result in severe civil and
criminal penalties.
Zahid Khan's Apps and/or its licensors remain the owners of right, title, and
interest, including copyrights and other intellectual property rights, in and to all materials posted on
the Services by Zahid Khan's Apps. You acknowledge that you do not acquire any ownership rights by using
the Services or by accessing any materials posted on the Services by Zahid Khan's Apps, or any
derivative works thereof. All rights, title and interest in and to the Service (including without
limitation any games, titles, computer code, themes, objects, characters, character names, stories,
dialogue, catch phrases, concepts, artwork, animations, sounds, musical compositions, audio-visual
effects, methods of operation, moral rights, documentation, in-game chat transcripts, character profile
information, recordings of games played using a Zahid Khan's Apps game client, and the Zahid Khan's Apps
game clients and server software) are owned by Zahid Khan's Apps. Zahid Khan's Apps reserves all rights,
including without limitation, all intellectual property rights or other proprietary rights, in
connection with its games and the Service.
NOTWITHSTANDING ANYTHING TO THE CONTRARY HEREIN, 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 FOREVER BE OWNED
BY AND INURE TO THE BENEFIT OF Zahid Khan's Apps OR ITS ASSIGNEES.[Please provide additional sections
when ready.]
5: User Content
Any communications, comments,
chats, sounds
and images, and all the material, data, text, graphics, photographs and their selection and arrangement
uploaded to the Services (“User Content”) are subject, whether in whole or in part, to unlimited
commercial, worldwide, non-commercial and/or promotional use by Zahid Khan's Apps.
You hereby
grant Zahid Khan's Apps and its affiliates a perpetual and irrevocable, worldwide, fully paid-up and
royalty free, non-exclusive, unrestricted, unconditional, unlimited license, including the right to
sublicense, transfer and assign to third parties, and right to copy, print, host, reproduce, fix, adapt,
modify, improve, retitle, translate, reformat, archive, store, cache or otherwise exploit in any manner,
create derivative works from, manufacture, introduce into circulation, commercialize, publish,
distribute, disclose, sell, resell, license, sublicense, transfer, rent, lease, transmit, publicly
display, publicly perform, or provide access to electronically, broadcast, communicate to the public by
telecommunication, display, perform, enter into computer memory, and use and practice, in any way now
known or in the future discovered, in any media, at any time, your User Content as well as all modified
and derivative works thereof in connection with our provision of the Service, including advertising,
marketing and promotions thereof. No credit, approval or compensation is due to you for any such use or
disclosure of the User Content you may submit. Any text, graphics, and photographs and other User
Content uploaded by you shall be your sole responsibility. Thus, users are solely responsible, and Zahid
Khan's Apps is not responsible, for any User Content users upload, post, share, or otherwise make
available. Zahid Khan's Apps may or may not regulate User Content and does not guarantee the accuracy,
quality, or integrity of any User Content on any of the Services. By using the Services, you acknowledge
and accept that you may be exposed to material you find offensive or objectionable. You agree that Zahid
Khan's Apps will not under any circumstances be liable for any User Content, including, but not limited
to, errors in any User Content, or any loss or damage incurred by use of the User Content. Zahid Khan's
Apps reserves the right to remove and permanently delete any User Content from the Services with or
without notice for any reason.
6: User Interactions
You are solely
responsible for your interactions with other users of the Services and any other parties with whom you
interact through the Service and/or Zahid Khan's Apps’s games. Zahid Khan's Apps reserves the right, but
has no obligation, to become involved in any way with disputes between users. You will fully cooperate
with Zahid Khan's Apps to investigate any suspected unlawful, fraudulent or improper activity,
including, without limitation, granting Zahid Khan's Apps access to any password-protected portions of
your Account.
If you have a dispute with one or more users, you release us (and our officers,
directors, agents, subsidiaries, joint ventures and employees) from claims, demands and damages (actual
and consequential) of every kind and nature, known and unknown, arising out of or in any way connected
with such disputes.
7: Virtual Currencies/Goods
The Services may
include
an opportunity to earn and purchase virtual, in-game currency, including but not limited to virtual
coins, points, and credits (collectively, “Virtual Currency”) that may require you to pay a fee using
lawful currency or “real money” to obtain the Virtual Currency. The Services may also include virtual,
in-game digital items (collectively, “Virtual Goods”) that may be purchased from Zahid Khan's Apps with
“real money” or with Virtual Currency. Virtual Currency and Virtual Goods can never be redeemed for
lawful currency, goods, or any other item of monetary value from Zahid Khan's Apps or any other party.
You acknowledge and agree that Virtual Goods or Virtual Currency are licensed to you for your use
through the Services and are subject to applicable laws and rules, the Terms, and limitations and terms
set out in each game.
Your purchase of Virtual Currency and/or Virtual Goods is final and is not
refundable, exchangeable, or transferable, unless required by law. You may not purchase, sell, or
exchange Virtual Currency or Virtual Goods outside of the Services. These transfers are strictly
prohibited, and we shall not be liable for any claims or damages suffered by the users with respect to
Virtual Currency or Virtual Goods purchased or obtained from any third party. Doing so is a violation of
the Terms and may result in termination of your account with the Services and/or legal action taken
against you.
Zahid Khan's Apps retains the right to modify, manage, control and/or eliminate
Virtual Currency and/or Virtual Goods at its sole discretion. Prices and availability of Virtual Goods
and services are subject to change without notice.
YOU ACKNOWLEDGE AND AGREE THAT Zahid Khan's
Apps IS NOT REQUIRED TO PROVIDE A REFUND FOR ANY REASON. IN THE EVENT OF A REFUND AS REQUIRED BY
APPLICABLE LAWS, THE TERMS AND CONDITIONS OF THIRD-PARTY PAYMENT PROCESSOR WILL APPLY AND ANY RELATED
FEES SHALL BE BORNE BY YOU; AND THAT YOU WILL NOT RECEIVE LAWFUL CURRENCY OR OTHER COMPENSATION FOR
UNUSED VIRTUAL CURRENCY AND VIRTUAL GOODS WHEN AN ACCOUNT IS CLOSED, WHETHER SUCH CLOSURE WAS VOLUNTARY
OR INVOLUNTARY.
8: Updates to the Service
You understand that
each
Service is an evolving one. Zahid Khan's Apps may require that you accept updates to the Services and to
Zahid Khan's Apps’s games that you may have installed on your device or computer. You acknowledge and
agree that Zahid Khan's Apps may update the Services and Zahid Khan's Apps’s games, with or without
notifying you. You may need to update third party software from time to time in order to receive the
Services and play Zahid Khan's Apps’s games.
9: Rules of
Conduct/Usage
The Services may provide communication channels such as forums,
communities, or chat areas (“Communication Channels”) designed to enable you to communicate with other
users of the Services. Zahid Khan's Apps has no obligation to monitor these Communication Channels, but
Zahid Khan's Apps may do so and reserves the right to review materials posted to the Communication
Channels and to remove any materials, at any time, with or without notice for any reason, at our sole
discretion. Zahid Khan's Apps may also terminate or suspend your access to any Communication Channels at
any time, without notice, for any reason. You acknowledge that chats, postings, or materials posted by
users on the Communication Channels are neither endorsed nor controlled by Zahid Khan's Apps, and these
communications shall not be considered reviewed or approved by Zahid Khan's Apps. Zahid Khan's Apps will
not under any circumstance be liable for any activity within Communication Channels.
You agree
that all your communications with the Communication Channels are public, and thus you have no
expectation of privacy regarding your use of the Communication Channels. Zahid Khan's Apps is not
responsible for information that you choose to share on the Communication Channels, or for the actions
of other users.
You agree that your use of the Services shall be lawful at all times and that you
will fully comply with the usage rules in all respects. In furtherance of the foregoing, and for
illustrative purposes only and not as a limitation, you agree not to use the Services in order to: •
post, upload, transmit or otherwise disseminate information that is obscene, indecent, vulgar,
pornographic, sexual or otherwise objectionable; • defame, libel, ridicule, mock, stalk, threaten,
harass, intimidate or abuse anyone, hatefully, racially, ethnically or, in a reasonable person’s view,
otherwise offensive or objectionable; • upload or transmit (or attempt to upload or transmit) 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 Services or other users’ computers; •
violate the contractual, personal, intellectual property or other rights of any party including using,
uploading, transmitting, distributing, or otherwise making available any information made available
through the Services in any manner that infringes any copyright, trademark, patent, trade secret, or
other right of any party (including rights of privacy or publicity); • attempt to obtain passwords or
other private information from other members; • improperly use support channels or complaint buttons to
make false reports to Zahid Khan's Apps; • develop, distribute, or publicly inform other members of
“auto” software programs, “macro” software programs or other “cheat utility” software program or
applications in violation of the applicable license agreements; • exploit, distribute or publicly inform
other members of any game error, miscue or bug which gives an unintended advantage; • violate any
applicable laws or regulations, or promote or encourage any illegal activity including, but not limited
to, hacking, cracking or distribution of counterfeit software, or cheats or hacks for the
Services.
10. Privacy and Protection of Personal Information
Information
collected from you is subject to the pertinent SNS’s policy. By using the Services, you may be granting
your social network permission to share your e-mail address and any other personally identifiable
information with Zahid Khan's Apps. You also grant Zahid Khan's Apps access to your friend lists upon
the SNS to establish social connections in the Services. Please see our Privacy Policy for more
information on the collection and use of your information. You acknowledge and agree that the Privacy
Policy is incorporated and made part of these Terms.
11. Disclaimer of
Warranty
YOU AGREE THAT YOUR USE OF AND ACCESS TO THE SERVICES SHALL BE AT YOUR
SOLE
RISK, AND THAT Zahid Khan's Apps PROVIDES THE SERVICES ON AN “AS IS” BASIS. TO THE FULLEST EXTENT
PERMITTED BY LAW, Zahid Khan's Apps, ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS DISCLAIM
ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED (WHETHER BY LAW, STATUTE OR OTHERWISE), IN CONNECTION WITH
THE WEBSITE AND YOUR USE THEREOF, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF TITLE,
MERCHANTABILITY, SATISFACTORY QUALITY OR FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, ACCURACY,
AUTHORITY, COMPLETENESS, USEFULNESS, AND TIMELINESS OF THE SERVICES, OR INFRINGEMENT OF APPLICABLE LAWS
AND REGULATIONS. THE ENTIRE RISK AS TO THE USE, QUALITY, AND PERFORMANCE OF THE SERVICES LIES WITH
YOU.
Zahid Khan's Apps makes no warranties or representations about the accuracy of any
information, the reliability of the materials, the full functionality of the Services, or the
completeness of the content on the Services or any linked sites. Zahid Khan's Apps does not warrant that
the Services will meet your requirements, be uninterrupted, timely, secure, or error-free, that defects
will be corrected, that the server hosting the Services is free of viruses or bugs, or that the systems
or networks will be backed up. Zahid Khan's Apps assumes no liability or responsibility for any (i)
errors, mistakes, or inaccuracies of content, (ii) personal injury or property damage of any nature
resulting from your use of the Services, (iii) any unauthorized access to our secure servers or the
personal and financial information stored therein, (iv) any interruption or cessation of transmission to
or from the Services, (v) any bugs, viruses, Trojan horses, or the like transmitted to or through the
Services by any third party, or (vi) any errors or omissions in any content or any loss or damage of any
kind incurred as a result of the use of any content posted, emailed, transmitted, or otherwise made
available via the Services.
Zahid Khan's Apps shall not be liable for any acts or omissions made
by your internet service provider or other third party with whom you have contracted to gain access to
the server that hosts the Zahid Khan's Apps sites.
12. Limitation of
Liability
YOU ACKNOWLEDGE AND AGREE THAT:
• YOU ARE FREE TO CHOOSE WHETHER
TO
USE THE SERVICES AND DO SO AT YOUR SOLE OPTION, DISCRETION, AND RISK.
• Zahid Khan's Apps DOES NOT
GUARANTEE THAT YOU WILL BE ABLE TO ACCESS OR USE THE SERVICES AT ALL TIMES OR ALL LOCATIONS, OR THAT
Zahid Khan's Apps WILL HAVE ADEQUATE CAPACITY FOR THE SERVICES IN ANY SPECIFIC GEOGRAPHIC AREA.
UNDER
NO CIRCUMSTANCES WILL Zahid Khan's Apps BE LIABLE TO YOU FOR MORE THAN THE AMOUNT YOU HAVE PAID TO Zahid
Khan's Apps IN THE NINETY (90) DAYS IMMEDIATELY PRECEDING THE DATE ON WHICH YOU FIRST ASSERT ANY CLAIM.
TO THE FULLEST EXTENT PERMITTED BY LAW, NEITHER Zahid Khan's Apps NOR ANY THIRD PARTY SERVICE PROVIDER
OR THIRD PARTY LICENSOR SHALL BE LIABLE TO YOU OR ANY THIRD PARTY IN CONTRACT, TORT, NEGLIGENCE, OR
OTHERWISE FOR ANY LOSS OR DAMAGE WHATSOEVER ARISING FROM OR IN ANY WAY CONNECTED WITH YOUR USE OR ANY
THIRD PARTY’S USE OF THE SERVICES, WHETHER DIRECT OR INDIRECT, INCLUDING, WITHOUT LIMITATION, ANY ACT OR
FAILURE TO ACT REGARDING CONDUCT, COMMUNICATION, OR CONTENT ON THE SERVICES, OR USE OF ANY LINK
CONTAINED ON THE SITE. THE DISCLAIMERS OF LIABILITY CONTAINED HEREIN APPLY TO ALL DAMAGES OR INJURY
CAUSED BY OR RELATED TO THE USE OF, OR INABILITY TO USE, THE SERVICES UNDER ANY CAUSE OF ACTION OF ANY
JURISDICTION.
IN NO EVENT SHALL Zahid Khan's Apps OR ANY THIRD PARTY SERVICE PROVIDER OR THIRD
PARTY LICENSOR BE LIABLE TO YOU OR ANY THIRD PARTY BEYOND THE AMOUNT YOU HAVE PAID TO Zahid Khan's Apps
IN THE NINETY (90) DAYS FOR ANY INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL, EXEMPLARY, OR OTHER PECUNIARY
OR CONSEQUENTIAL LOSSES (INCLUDING, WITHOUT LIMITATION, LOSS OF BUSINESS, REVENUE, PROFITS, USE, DATA,
OR OTHER ECONOMIC ADVANTAGE), HOWEVER CAUSED, WHETHER FOR BREACH OF CONTRACT OR IN TORT OR OTHERWISE,
EVEN IF THEY HAVE BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE.
Zahid Khan's Apps SHALL NOT BE
LIABLE, AND YOU AGREE NOT TO SEEK TO HOLD Zahid Khan's Apps LIABLE, FOR THE CONDUCT OF THIRD PARTIES,
INCLUDING OTHER USERS OF THE SERVICES, WITH THE ENTIRE RISK OF THE SERVICES, THIRD PARTY WEBSITES, AND
ANY INJURY THEREFROM RESTING WITH YOU, INCLUDING ANY DAMAGE OR LOSS OF ANY KIND.
13.
Indemnification by You
You agree to defend, fully indemnify, and hold Zahid
Khan's
Apps, its third party service providers and licensors, and their respective officers, directors, agents,
and employees (the “Indemnified Parties”) harmless from and against any and all claims, liabilities,
losses, injuries, damages, costs, or expenses (including attorneys’ fees and costs) incurred by any
Indemnified Party arising out of or resulting from your access or use of the Services, including (but
not limited to) your breach or alleged breach of any term, condition, obligation, representation, or
warranty contained in these Terms; any violation by you of any law or the rights of any third party; any
User Content posted, transmitted, or provided by you or on your behalf; any use by you of the Services
or use by any other person accessing the Services using your user identification (whether or not with
your authorization); your violation of any third party’s intellectual property or other legal rights; or
the illegal or improper use of your user account.
14. Limitations Period for
Claims
NOTWITHSTANDING ANY LAW TO THE CONTRARY, ANY CAUSE OF ACTION ARISING OUT
OF
OR RELATED TO YOUR ACCOUNT(S), USE OF THE SERVICES, THESE TERMS, THE PRIVACY POLICY, OR ANY RELATED
MATTER MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF
ACTION IS PERMANENTLY BARRED.
15. Severability
You and Zahid Khan's Apps
agree that if any portion of these Terms of Service or of the Zahid Khan's Apps Privacy Policy is found
to be illegal or unenforceable in whole or in part by any court or tribunal of competent jurisdiction,
such provision shall, for that jurisdiction only, be ineffective solely to the extent of such
determination without affecting the validity or enforceability of the remainder of the provision or any
other provision, which shall continue in full force and effect.
16. No
Waiver
The failure of Zahid Khan's Apps to require or enforce strict
performance by
you of any provision of these Terms or the Zahid Khan's Apps Privacy Policy, or its failure to exercise
any right under them, shall not be construed as a waiver or relinquishment of Zahid Khan's Apps’s right
to assert or rely upon any such provision or right in that or any other instance.
The express
waiver by Zahid Khan's Apps of any provision, condition, or requirement of these Terms or the Zahid
Khan's Apps Privacy Policy shall not constitute a waiver of any of your future obligations to comply
with such provision, condition, or requirement.
Except as expressly and specifically set forth in
these Terms, no representations, statements, consents, waivers, or other acts or omissions by Zahid
Khan's Apps shall be deemed a modification of these Terms or legally binding unless documented in
physical writing and hand-signed by you and a duly appointed representative of Zahid Khan's
Apps.
17. Notices
We may notify you via postings on
Home or via e-mail or any other means of communication.
Except as specified in Section 20, all notices given by you or required from you under these Terms or
the Zahid Khan's Apps Privacy Policy must be in writing and sent to the following e-mail address:
zahidshakeelkhan1@gmail.com. Notices provided without compliance with this Section 17 shall have no
legal effect.
18. Governing Laws
For the purposes of these
Terms,
including Sections 19-21, “Dispute” means any dispute, claim, or controversy between you and Zahid
Khan's Apps arising out of these Terms or the Zahid Khan's Apps Privacy Policy, arising out of your use
of the Services, or regarding any aspect of your relationship with Zahid Khan's Apps, whether such
dispute, claim, or controversy is based in contract, statute, regulation, ordinance, tort (including,
but not limited to, fraud, misrepresentation, fraudulent inducement, or negligence), or any other legal
or equitable theory, and includes the validity, enforceability, or scope of these Terms, including
specifically Section 20 (except for the enforceability of the Class Action Waiver clause below).
“Dispute” shall include any Dispute brought by any individual purporting to act on your behalf or any
individual or entity seeking damages, recovery, or relief for injury associated with or suffered by you.
“Dispute” is to be given the broadest possible meaning that will be enforced.
If you reside in
the United States or assert a Dispute arising under or related to any U.S. law (including the laws of
any State or subdivision thereof), this Agreement (including the Privacy Policy) and your relationship
with Zahid Khan's Apps, as well as any Dispute, shall be governed by and interpreted in accordance with
the laws of California, without regard to any conflict of laws principles and regardless of your
location. Otherwise, the relationship between the parties and any Dispute shall be governed by and
interpreted in accordance with the laws of Singapore, without regard to principles of conflict of laws
and regardless of your location.
19. Dispute Resolution—If You Live in the United
States
PLEASE READ THIS DISPUTE RESOLUTION PROVISION (“PROVISION”) CAREFULLY
BECAUSE
IT AFFECTS YOUR RIGHTS. BY AGREEING TO BINDING ARBITRATION, YOU WAIVE YOUR RIGHT TO LITIGATE DISPUTES
THROUGH A COURT AND TO HAVE A JUDGE OR JURY DECIDE YOUR CASE.
If you live in the United States,
you and Zahid Khan's Apps agree that all disputes between you and Zahid Khan's Apps will be settled by
binding arbitration, unless otherwise provided herein.
This agreement does not apply (1) if you
are a resident of any jurisdiction which prohibits this arbitration agreement, (2) if you opt out of
this arbitration agreement as described in Section (e) below, or (3) to certain types of disputes
described in Section (e) below. Please read this Provision carefully.
a. Purpose &
Disputes CoveredThis Provision facilitates the prompt and efficient resolution of
any disputes (including, except as provided below, a dispute as to whether a dispute is covered by this
arbitration agreement) that may arise between Zahid Khan's Apps and you or anyone acting on your behalf,
asserting your rights, or seeking damages or losses incurred by you.
Arbitration is a form of
private dispute resolution in which parties waive their rights to file a lawsuit, proceed in court, and
have a judge or jury decide the case. In the absence of an arbitration agreement, you might otherwise
have the right to bring claims in court, have them decided by a judge or jury, and/or participate in a
case filed by others (including, but not limited to, class actions or representative actions). By
agreeing to these Terms, you waive your right to litigate claims in court and to have your claims heard
by a judge or jury. There is no judge or jury in arbitration, and court review of an arbitration award
is limited. The arbitrator must follow this agreement and can award the same damages and relief as a
court (including attorneys’ fees).
When you first consent to these Terms, you have the right to
opt out of this Provision, meaning you would retain your right to litigate your disputes in a court. If
you have previously consented to arbitrate, then you may only opt out of the revised arbitration
procedure contained herein, and the last Terms you agreed to will govern our relationship going
forward.
b. Agreement to Arbitrate / Waiver of Right to Jury TrialYOU
AND Zahid Khan's Apps EACH AGREE THAT, EXCEPT AS PROVIDED BELOW, ANY AND ALL DISPUTES, WHETHER PRESENTLY
IN EXISTENCE OR BASED ON ACTS OR OMISSIONS IN THE PAST OR FUTURE, WILL BE RESOLVED EXCLUSIVELY AND
FINALLY BY BINDING ARBITRATION RATHER THAN IN COURT IN ACCORDANCE WITH THIS PROVISION, AND YOU ARE
WAIVING YOUR RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE AS A PLAINTIFF OR CLASS MEMBER IN ANY CLASS
ACTION, REPRESENTATIVE PROCEEDING, OR MASS OR COLLECTIVE ACTION (WHERE DAMAGES, LOSSES, OR INJURIES
ASSOCIATED WITH YOU AND OTHER INDIVIDUALS OR ENTITIES ARE CONSIDERED IN A SINGLE ACTION). YOU AND Zahid
Khan's Apps AGREE THAT ANY DISPUTE OVER WHETHER A DISPUTE IS SUBJECT TO THIS PROVISION WILL BE RESOLVED
BY BINDING ARBITRATION. Furthermore, any person purporting to act on your behalf, asserting your rights,
or seeking damages or other remedies on your behalf will submit to binding arbitration as set forth
herein.
You understand and agree that by entering into this agreement, you and Zahid Khan's Apps
are each waiving the right to a jury trial or a trial before a judge in a public court. Except as
otherwise provided, those rights are waived. Other rights that you would have if you went to court, such
as the right to appeal and to certain types of discovery, may also be limited or
waived.
c. Class Action WaiverYOU AND Zahid Khan's Apps AGREE THAT EACH
MAY BRING CLAIMS IN ARBITRATION AGAINST THE OTHER ONLY IN AN INDIVIDUAL CAPACITY AND NOT ON A CLASS,
MASS, COLLECTIVE, OR REPRESENTATIVE BASIS (“CLASS ACTION WAIVER”). YOU AND Zahid Khan's Apps EACH AGREE
TO WAIVE THE RIGHT TO PURSUE OR HAVE A DISPUTE RESOLVED AS A PLAINTIFF OR CLASS MEMBER IN ANY CLASS,
COLLECTIVE, MASS, OR REPRESENTATIVE PROCEEDING.
Except as otherwise provided in this Provision,
the arbitrator shall have no authority to consolidate more than one person’s claims or to preside over
any form of a class or representative proceeding. The arbitrator may award declaratory or injunctive
relief only in favor of the individual party seeking relief and only to the extent necessary for that
party’s individual claim(s).
Notwithstanding any other provision, disputes regarding the
interpretation, applicability, or enforceability of this Class Action Waiver shall be resolved only by a
court and not by an arbitrator. In any case where: (1) the dispute is filed as a class, collective, or
representative action, or falls within the scope of the Class Action Waiver, and (2) there is a final
judicial determination that the Class Action Waiver is unenforceable with respect to any claim or
remedy, then that claim or remedy (and only that claim or remedy) shall be severed and may be brought in
a court of competent jurisdiction. All other claims or remedies shall be resolved in arbitration on an
individual basis to the fullest extent possible.
If you opt to pursue your dispute in court after
opting out of this Provision (as described in Section (e) below), the Class Action Waiver will not apply
to you. No user of the Services may serve as a class representative, class member, or otherwise
participate in any class, consolidated, or representative proceeding without complying with the opt-out
requirements below.
d. Pre-Arbitration Claim ResolutionBefore initiating
arbitration or litigation, you must first give Zahid Khan's Apps the opportunity to resolve the dispute
by contacting our customer support. Please send a written notification to:
Zahid Khan's Apps
PUHS
PIA Road Lahore
This notice must include:
Your name,
Your address,
A written description of
your claim,
Identification of the Service at issue,
Your game account, and
A description of the
dispute and the specific relief you seek.
If Zahid Khan's Apps does not resolve the dispute within 45
days after receiving your written notification, you may then pursue arbitration. You may pursue your
dispute in court only under the circumstances described in Section (e) below.
e.
Exclusions from Arbitration/Right to Opt OutNotwithstanding the foregoing, you or
Zahid Khan's Apps may choose to pursue a dispute in court if:
(i) the dispute qualifies to be
initiated in small claims court; or
(ii) you provide Zahid Khan's Apps with a written notice of your
desire to opt out of these arbitration procedures (the “Arbitration Opt-Out Notice”) within 30 days from
the date you first consent to this Agreement.
To opt out, you must send a written notice to:
Zahid
Khan's Apps, 97K Gulberg III, Lahore
The notice must include:
Your name,
Your address,
Your
game account, and
A clear statement that you do not wish to resolve disputes with Zahid Khan's Apps
through arbitration.
If you do not opt out within 30 days, you will be deemed to have waived your
right to litigate disputes except as provided above.
Nothing in this Provision precludes either party
from seeking provisional remedies (such as injunctive relief) in aid of arbitration from a court of
appropriate jurisdiction.
f. Arbitration ProceduresIf this Provision
applies and the dispute is not resolved as provided above, either you or Zahid Khan's Apps may initiate
arbitration proceedings. The parties may agree on a single arbitrator; otherwise, arbitration will be
administered by ADR Services, Inc. (www.adrservices.com, (415) 772-0900) and conducted before a single
arbitrator. Arbitration shall be conducted on an individual basis. Unless both parties agree otherwise
in writing, the arbitrator shall have no authority to consolidate claims or preside over any class or
representative proceeding. Except as provided in Section 20(c) above, all issues shall be determined by
the arbitrator, including the scope and enforceability of this arbitration agreement and any related
dispute, including any claim that all or part of this agreement is void or voidable. However, a court
has exclusive authority to enforce the Class Action Waiver, as set forth above.
ADR Services,
Inc.’s Arbitration Rules shall apply, except where they conflict with this Provision. Under no
circumstances will class action procedures apply to the arbitration. Because the Services and these
Terms concern interstate commerce, the Federal Arbitration Act (“FAA”) governs the arbitrability of all
disputes.
The arbitrator may award any relief available under applicable law on an individual
basis and will not have the power to award relief to, against, or for the benefit of any non-party. The
arbitrator’s award shall be in writing and final, subject only to any review provided by the FAA, and
may be entered in any court of competent jurisdiction for enforcement.
g. Severability
Notwithstanding Section 16 of these Terms, if any clause
within this Provision (other than the Class Action Waiver clause) is found to be illegal or
unenforceable, that clause will be severed from this Provision, and the remainder will continue in
full force and effect. However, if the Class Action Waiver clause is found unenforceable, this
entire Provision will be unenforceable and the dispute will be decided by a court.
h.
Continuation
This Provision shall survive the termination of your account and/or
your access to or use of the Services.
20. Dispute Resolution—If You Live in a
Country Other Than the United States
PLEASE READ THIS SECTION CAREFULLY
BECAUSE
IT AFFECTS YOUR RIGHTS. BY AGREEING TO BINDING ARBITRATION, YOU WAIVE YOUR RIGHT TO LITIGATE
DISPUTES THROUGH A COURT AND TO HAVE A JUDGE OR JURY DECIDE YOUR CASE.
If a dispute arises
between you and Zahid Khan's Apps, we encourage you to first contact us directly to seek a
resolution by visiting our
customer support site at
or by sending an email to
zahidshakeelkhan1@gmail.com.
Any dispute that arises in whole or in part from your use of or
access to the Services shall be referred to and finally resolved by arbitration administered by the
Singapore International Arbitration Center (“SIAC”) in accordance with the SIAC Arbitration Rules
then in force. The seat of arbitration shall be Singapore, and the arbitration tribunal shall
consist of one arbitrator. The language of the arbitration shall be English.
YOU ACKNOWLEDGE
AND AGREE THAT ANY PROCEEDINGS TO RESOLVE ANY DISPUTE SHALL BE CONDUCTED SOLELY ON AN INDIVIDUAL
BASIS. NEITHER YOU NOR Zahid Khan's Apps SHALL SEEK TO HAVE ANY DISPUTE HEARD AS A CLASS ACTION OR
IN ANY REPRESENTATIVE PROCEEDING.
21. Litigation, Jurisdiction, and
Venue
If you reside in the United States or initiate a dispute arising
under or
related to U.S. law (including the laws of any State or subdivision thereof), you and Zahid Khan's
Apps agree that:
(i) any litigation between you and Zahid Khan's Apps, including disputes
relating to arbitration, shall be conducted exclusively in the courts located in San Francisco,
California, and
(ii) you consent to the personal jurisdiction of the state and federal courts
located in San Francisco, California, for the purposes of any such litigation.
22.
General
These Terms of Service, together with any supplemental policies and
documents expressly incorporated by reference herein (including the Zahid Khan's Apps Privacy
Policy), constitute the entire agreement between you and Zahid Khan's Apps and supersede all prior
understandings regarding the subject matter herein, whether electronic, oral, or
written.
Zahid Khan's Apps reserves the right to assign, transfer, sublicense, pledge, or
delegate these Terms and the Privacy Policy, in whole or in part, to any person or entity at any
time, with or without your consent. You may not assign, transfer, sublicense, pledge, or delegate
any of your rights or obligations under these Terms without Zahid Khan's Apps’s prior written
consent. Zahid Khan's Apps may, in its sole discretion, terminate your account if any purported
assignment by you is made.
Zahid Khan's Apps shall not be liable for any delay or failure to
perform due to causes beyond its reasonable control, including acts of God, war, terrorism, riots,
embargoes, acts of civil or military authorities, fire, floods, accidents, strikes, or shortages of
transportation, fuel, energy, labor, or materials.
Nothing in these Terms shall create or
confer any rights or benefits to third parties. Nothing in these Terms shall be construed as
creating an agency, partnership, trust arrangement, fiduciary relationship, or any other form of
joint enterprise between you and Zahid Khan's Apps.
Nothing in these Terms grants you any
security interest over the assets of Zahid Khan's Apps, including any amounts credited to your
account.
By using the Services, you agree to comply with all applicable tax laws and release
Zahid Khan's Apps from any liability related to your compliance with such laws.
This
Agreement has been drafted in the English language. In the event of any discrepancy between any
translated version and the English language version, the English version shall prevail.