Terms of Service

Terms of Service

These General Terms and Conditions (“Terms” or “agreement”) is a legally binding agreement that governs the player (“you“, “your” or “user“) use of the Mobile Social Applications offered by Abzorba Games, registered in Austria with number ATU 69356029 and address at Wiedner Hauptstrasse 94 1050, Vienna (“AbZorba” or “company”) and accessed through third party web sites (“Service” or “Apps”)

Subject to your acceptance of these Terms, AbZorba grants to you a non-exclusive, non-transferable, revocable limited right to use and display the Service and related software (excluding source and object code) for your personal, household and non-commercial use by any machine(s) of which you are the primary user. The Privacy Notice [https://abzorbagames.com/privacy-policy/] and Cookies Policy are integral part of the Terms, therefore by accepted the Terms you accept also the Privacy Notice and Cookies Policy.

You agree not to use the Service for any other purpose, or to copy or distribute the content of the Service except as specifically allowed in this agreement.

AbZorba reserves the right discontinue the Service or to change the content of the Service in any way and at any time, with or without notice to you and without liability. You agree to be bound by any application, forum, or game specific rules published within the Service.

Your use of the Service is conditioned upon your compliance with these Terms and any use of the Service in violation of these Terms will be regarded as an infringement of AbZorba’s copyrights in and to the Service.

AbZorba reserves the right to terminate your access to the service without notice if you violate these Terms.

The legal relationships between Abzorba and the user are governed by the Austrian law. The court having jurisdiction over the 1st district of Vienna shall be the place of jurisdiction for any disputes arising in connection with this agreement.

Registration

The user may register on AbZorba Apps through the Facebook account using the ‘Facebook Connect’ function or via an email address. By registering with AbZorba, the user shall accept and consent the Terms and Privacy Policy. If the users do not accept the Terms, they may not use the Service and must uninstall and/or delete the application.

In order to register and account via email the following user´s data are needed:

  • email address;
  • name;
  • country;
  • gender

In order to register and account via Facebook, the following data from the user’s Facebook account are collected:

  • Name (first name and surname);
  • Gender;
  • Email address;
  • Country;
  • Facebook user ID;
  • Facebook token.

In addition to accounts registered via Facebook and/or email, the users may use the guest mode, also named “try mode”. The guest mode enables the use of the Service but does not support all functions enabled for registered users. If the user is in the guest mode and subsequently registers an account via the Facebook account and/or email address, the benefits acquired in the guest mode shall be transferred to the registered account.

The user claim that has not been previously banned from play by AbZorba or by a company connected to AbZorba. Only one registered account per user is allowed.

Usage Age

You confirm that you are at least 18 years old before using the Service. Persons that are under the age of 18 should not attempt to use the Service or send any information to AbZorba. Users must be over the age of 18 in order to buy in-game currency through Google Play, iTunes or Amazon Stores. AbZorba assumes no responsibility or liability in case the users intentionally breach the age limit provided in these Terms and/or circumvent the processes in order to use the Services. In case we learn that a user is under 18, we will immediately close the account. If you believe that a user is under the age of 18, please contact us at info@abzorbagames.com

Ownership of Intellectual Property

Unless otherwise specified in writing, all materials that are part of the Service are owned, controlled, or licensed by AbZorba and are protected by law from unauthorized use. The entire contents of the Service are copyrighted under the EU copyright laws and/or similar laws of other jurisdictions. All game names are trademarks of AbZorba and may not be used without the express written permission of AbZorba. You do not acquire any ownership rights by using the Service, downloading material from or uploading material to the Service, or by purchasing any virtual goods.

You agree not to copy, redistribute, publish or otherwise exploit material from the Service, except as expressly permitted herein, without the express prior written permission of AbZorba.

All comments, feedback, suggestions, ideas, and other submissions (“Ideas”) disclosed, submitted, or offered to AbZorba in connection with the use of the Service shall be the exclusive property of AbZorba. You agree that unless otherwise prohibited by law AbZorba may use, sell, exploit and disclose the Ideas in any manner, without restriction and without compensation to you.

In-Game currencies/goods

The Service may include a virtual in-game currency (“Virtual Currency”) including, but not limited to coins, cash, or points. You may purchase the Virtual Currency from AbZorba with real money if you are at least 18 years old. . The Service may also include virtual in-game digital items (“Virtual Goods”) that may be also purchased from AbZorba with real money or with Virtual Currency. Regardless of the terminology used, the Virtual Currency and Virtual Goods may never be converted in real money, goods or other items of monetary value from AbZorba or any other party.

Other than a limited, personal, revocable, non-transferable, non-sublicenseable right to use the Virtual Goods and/or Virtual Currency in the Service, you have no right or title in or to any such Virtual Goods and/or Virtual Currency appearing or originating in the Service, or any other attributes associated with use of the Service or stored within the Service. AbZorba has the absolute right to manage, regulate, control, modify and/or eliminate such Virtual Currency and/or Virtual Goods as it sees fit in its sole discretion. AbZorba shall have no liability to you or anyone for the exercise of such rights. Transfers of Virtual Currencies and/or Virtual Goods to third parties are strictly prohibited except where explicitly authorized within the Service. Outside of the Service and games, you may not buy or sell any Virtual Currency and/or Virtual Goods for real money or otherwise exchange for items of value. Any attempt to do so is in violation of these Terms and may result in a permanent ban from AbZorba Service and in taking a possible legal action against you.

You agree that all sales of Virtual Goods and/or Currencies are final. All Virtual Goods and/or Currencies are lost if your account is closed or suspended for any reason, in AbZorba’s sole and absolute discretion or if AbZorba discontinues providing the Service.

Refund Policy

AbZorba has full discretion to refund any purchase made on any App Store. However no application for refund will be considered unless a full receipt from the App Store is provided with the reference number within 3 days form the purchase. AbZorba decision is final.

Usage Rules and Abuse policy

You represent and warrant that you have full right and authority to use the Services and to be bound by these Terms. You agree that you will comply fully with all applicable laws, regulations, statutes, ordinances related to these Terms.

You undertake that you shall not defraud, or attempt to defraud, AbZorba or other users, and that you shall not act in bad faith in your use of the Service. If AbZorba determines that you do act in bad faith in violation of these Terms, or if AbZorba determines that your actions fall outside of reasonable community standards, AbZorba may at its sole discretion, close your account and/or temporary or permanently prohibit you from using the Service.

You agree that your use of the Service shall be lawful and that you will comply with the Terms and any rules bound or deriving from them. You agree that you shall not:

  • Create an account or access the Service if you are under the age of 18;
  • Upload, post, transmit or otherwise disseminate material that is vulgar, indecent, obscene, pornographic, sexual or that is, in a reasonable person’s view, otherwise offensive or objectionable;
  • Libel, ridicule, defame, mock, stalk, intimidate, threaten, harass, or abuse anyone, hatefully, racially, ethnically or in any other manner;
  • 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 Service or the computers of other users of the Service;
  • Advertise, solicit or transmit any commercial advertisements, including chain letters, junk e-mail or repetitive messages (spam) to anyone;
  • Violate the contractual, personal, intellectual property or other rights of any party including by using, uploading, transmitting, distributing, or otherwise making available any information or material made available through the Service in any manner that infringes any copyright, trademark, patent, trade secret, or other right of any party (including rights of privacy or publicity);
  • Create false personas, multiple identities, multiple user accounts, set up an account on behalf of someone other than yourself, use bots or other automated software programs to defraud or which otherwise violate these Terms and/or the terms of service of any third-party applications or social networks through which the Service is accessed;
  • Attempt to obtain passwords or other private information from other members including personal data or identifiable information (whether in text, image or video form), identification documents, or financial information;
  • Upload or transmit, or attempt to upload or to transmit, without AbZorba’s express permission, any material that acts as a passive or active information collection or transmission mechanism, including, without limitation, clear graphics interchange formats (“gifs”), 1×1 pixels, web bugs, cookies or other similar devices (sometimes referred to as “spyware,” “passive collection mechanisms” or “pcms”);
  • Improperly use support channels or complaint buttons to make false reports to AbZorba;
  • Develop, distribute, use, or publicly inform other members of “auto” software programs, “macro” software programs or other “cheat utility” software programs or applications;
  • Exploit, distribute or publicly inform other persons of any game error, miscue or bug which gives an unintended advantage;
  • Deal with coins in a manner that violates these Terms, including transferring coins to other individuals, parties, or entities, selling or re-selling Virtual Currency and/or Virtual Goods or fraudulently obtaining or acquiring Virtual Currency or other products or services;
  • Rent, lease, sell, trade, gift, bequeath or otherwise transfer your account to anyone without AbZorba’s written permission;
  • Access or use an account which has been rented, leased, sold, traded, gifted, bequeathed, or otherwise transferred from the account creator without AbZorba’s written permission;
  • Engage in any fraudulent activity with respect to payment methods or advertiser tracking mechanisms;
  • Violate any applicable laws or regulations, or encourage or promote any illegal activity including, but not limited to, copyright infringement, trademark infringement, defamation, invasion of privacy, identity theft, hacking, cracking or distribution of counterfeit software, or cheats or hacks for the Service;
  • Attempt to use the Service on or through any service that is not authorized by AbZorba. Any such use is at your own risk and may subject you to additional or different terms. AbZorba takes no responsibility for your use of the Service through any service that is not authorized by it;
  • Post or communicate without permission any person’s personal information using the Service;
  • Attempt to interfere with, hack into or decipher any transmissions to or from the servers for the Service; or
  • Interfere with the ability of others to enjoy using the Service, including disrupt, overburden or aid the disruption or overburdening of the Service servers, or take actions that interfere with or materially increase the cost to provide the Service for the enjoyment of all its users.

Account Closure

AbZorba may refuse access to the Service or may close your account without notice for any reason, including, but not limited to, a suspected violation of these Terms, illegal or improper use of your account, or illegal or improper use of the Service, user content, products, or AbZorba’s intellectual property as determined by AbZorba in its sole discretion.

AbZorba may selectively remove or revoke any benefits associated with your account. Benefits include the rights granted, awarded, gifted, provided to and/or purchased by you to access and/or use online or off-line elements or features of the Service and/or products. They include also but are not limited to paid and free downloadable content, virtual currency, digital and/or virtual assets, unlockable content, rights of use tied to unlock keys or codes, serial codes and/or online authentication of any kind, and in-game achievements. If your account, or a particular subscription for the Service associated with your account, is closed, suspended and/or if any benefits are selectively removed or revoked from your account, no refund will be granted, no benefits will be credited to you or converted to cash or other forms of reimbursement, and you will have no further access to your account or benefits associated with your account or the particular Service.

You acknowledge that AbZorba is not required to provide you notice before suspending or closing your account or selectively removing or revoking benefits associated with your account. In the event that AbZorba closes your account, you may not participate in any of the Services again without AbZorba’s express permission. AbZorba reserves the right to refuse to keep accounts for, and provide access to the Service or other services to, any individual. You may not allow individuals whose accounts have been closed by us to use your account. If you believe that any action has been taken against your account in error, please contact us.

Version last updated: 29 March 2018