1. Acceptance of Terms
IF YOU DO NOT AGREE TO ANY OF SUCH TERMS, CONDITIONS, RULES, POLICIES OR PROCEDURES, DO NOT USE OR ACCESS THE POGIGAMES.
3. Registration and Eligibility
You shall not:
provide any false personal information to MobilityZone or create any account for anyone other than yourself without such person's permission;
use a User Name that is the name of another person with the intent to impersonate that person;
use a User Name or the account that is subject to any rights of a person other than you without appropriate authorization; or
Use a User Name that is a name that is otherwise offensive, vulgar or obscene or otherwise unlawful.
MobilityZone reserves the right to to limit the number of PogiGames accounts a user can establish and/or to refuse registration of, or may suspend or terminate your ability to use or access to the PogiGames accounts, and refuse any and all current or future use of or access to any or all PogiGames accounts, in its sole discretion. You are solely responsible and liable for activity that occurs on your PogiGames account and shall be responsible for maintaining the confidentiality of your password.
4. ELECTRONIC COMMUNICATIONS
When you access to the PogiGames, send e-mails or electronically chat with PogiGames and/or with MobilityZone, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you by e-mail or by posting notices neither in the Site nor in the PogiGames. You agree that all agreements, notices, disclosures and other communications that PogiGames provides to you electronically satisfy any legal requirement that such communications be in writing.
5. VIRTUAL CURRENCY
If you access one of our social games through a third party social networking site (each, a "Social Game"), you may have the opportunity to use virtual, in-game currency ("virtual currency") to license a variety of virtual, in-game items ("virtual item") that can be used while playing such Social Game. You may be required to pay a fee to obtain virtual currency.
You have no property interest in any virtual currency or virtual items. Any purchase of virtual currency, and virtual currency accumulated through any applicable Social Game membership benefits, are purchases of a limited, non-transferable, revocable license to use that virtual currency within the applicable Social Game. Virtual currency and virtual items may not be transferred or resold for commercial gain in any manner, including, without limitation, by means of any direct sale or auction service. Virtual currency and virtual items have no monetary value, and cannot be used to purchase or use products or services other than within the applicable Social Game. Virtual currency and virtual items cannot be refunded or exchanged for cash or any other tangible value. Virtual currency that you purchase through individual transactions and that are not part of a recurring subscription must be used by you within one (1) year of the date of purchase. If you do not redeem your virtual currency by that point, so long as your PogiGames account(s) with respect to the applicable Social Game remains active and in good standing, you will be offered an opportunity to convert any unused virtual currency into one or more in-game or other options determined by PogiGames in its sole discretion. All virtual currency and virtual items are unconditionally forfeited if your Social Game account is terminated or suspended for any reason, in MobilityZone sole discretion, or if PogiGames discontinues any Social Game.
6. SOCIAL NETWORK SITES
If you access our Social Games, you should be aware that Social Games are only available to individuals who have registered with the social networking site through which she/he accesses Social Games. You agree that your social networking site account information is accurate, current and complete.
If MobilityZone has reasonable grounds to suspect that you have provided any information that is inaccurate, not current or incomplete, MobilityZone may suspend or terminate your ability to use or access Social Games and refuse any and all current or future use of or access to Social Games (or any portion thereof).
Content standards may vary depending on where you are within a PogiGames and the expectations of the relevant game community. Some game play may involve use of stronger language than others, including mild expletives. You should always use your best and most respectful and conservative judgment in interacting as part of any game play, and submitting any content, such as a review or post to any forums or message boards, within PogiGames.
We expressly reserve the right, but have no obligation, to: (a) monitor any communications within the PogiGames, including, without limitation, to ensure that appropriate standards of online conduct are being observed, and (b) immediately or at any time remove any content that we deem objectionable or unsuitable in our sole discretion. MobilityZone does not endorse, approve, or prescreen any content that you or other users post or communicate on or through any PogiGames. MobilityZone does not assume any responsibility or liability for any content that is generated, posted or communicated by any user on or through the PogiGames. You agree to indemnify MobilityZone and its Affiliates and each of their respective employees, contractors, officers, directors, shareholders, agents, representatives, vendors, and content providers from any liability or damages arising out of or resulting from any content you post or communicate on or through the PogiGames.
Posting, transmitting, promoting, or distributing any content that is illegal
Harassing or threatening any other user of PogiGames or any employee or contractor of MobilityZone
Impersonating another person, indicating that you are a MobilityZone employee or a representative of MobilityZone (if you are not), or attempting to mislead users by indicating that you represent MobilityZone in any way
Attempting to obtain a password, other account information, or other private information from any other user of PogiGames
Uploading any software, files, photos, images or any other content to the PogiGames that you do not own or have the legal right to freely distribute, or that contain a virus or corrupted data, or any other malicious or invasive code or program
Posting messages for any purpose other than personal communication, including without limitation advertising, promotional materials, chain letters, pyramid schemes, political campaigning, soliciting funds, mass mailings and sending "spam", or making any commercial use of any PogiGames
Improperly using any game support functions or complaint buttons, or making false complaints or other reports to MobilityZone representatives.
Posting or communicating any player's real-world personal information within PogiGames or by or through PogiGames or any related bulletin board.
Uploading or transmitting, or attempting to upload or transmit, any material that acts as a passive or active information collection or transmission mechanism, including, without limitation, gifs, 1x1 pixels, web bugs, and other similar devices.
Using or launching any automated system, including, without limitation, any spider, bot, cheat utility, scraper or offline reader that accesses PogiGames, or using or launching any unauthorized script or other software.
Using a false e-mail address or otherwise disguising the source of any content that you submit within PogiGames, or using tools which anonymize your internet protocol address.
Interfering or circumventing any PogiGames security feature or any feature that restricts or enforces limitations on use of or access to PogiGames
Attempting to sell any part of PogiGames, including, without limitation, any virtual currency (if applicable), PogiGames accounts and access to them in exchange for real currency or items of monetary or other value.
Engaging in cheating or any other activity that MobilityZone deems to be in conflict with the spirit of PogiGames
Content added, created, uploaded, submitted, distributed, or posted to the PogiGames by users is collectively referred to as, "User Submissions."
8. User Submissions
You acknowledge and agree that your submitted content, including your reviews and your communications with other users via online messaging, forums or bulletin boards, and any other similar types of communications and submissions on or through any PogiGames, are non-confidential, public communications, and you have no expectation of privacy concerning your use of or participation in any PogiGames (other than with respect to the information you provide to us in establishing your PogiGames account(s), if applicable). You acknowledge that personal information that you communicate publicly within any PogiGames may be seen and used by others and may result in unsolicited communications. MobilityZone is not liable for any information that you choose to submit or communicate to other users on or through any PogiGames, or for the actions of any other users in PogiGames.
You represent and warrant that you have all necessary rights in and to any materials that you post within any PogiGames, that such materials do not infringe any proprietary or other rights of third parties, that all such content is accurate and will not cause injury to any person or entity, and that you will indemnify MobilityZone and its Affiliates and their respective employees, contractors, officers, directors, shareholders, agents, representatives, vendors, and content providers for all claims resulting from your submitted and posted content. If any such materials incorporate the name, voice, likeness and/or image of any individual, you represent and warrant that you have the right to grant MobilityZone permission to use any such name, voice, likeness and/or image of such individual appearing in the materials you post throughout the world in perpetuity. Once you post or communicate any content or materials on or through the PogiGames, you expressly grant MobilityZone the complete, worldwide, fully sub licensable and irrevocable right to quote, re-post, use, reproduce, modify, adapt, publish, translate, create derivative works from, display, distribute, transmit, and broadcast such content or materials, including without limitation the name you submit in connection with such content or materials, in any form, with or without attribution to you, and without any notice or compensation to you of any kind. We reserve the right to immediately remove any content that may be considered, in our sole discretion, in violation of the rights of any third party.
You may not use any portion of PogiGames to collect information, including login names, about other users, and use of such information to send unsolicited e-mail or for any other purpose is strictly prohibited. You may not advertise any goods or services on any PogiGames, or otherwise exploit your participation on or through any PogiGames for any commercial purpose.
When you post a review, we will display your rating of PogiGames, along with your user name and certain other information you may provide, such as your city and state location, skill level, favorite game and favorite genres. By submitting a review, you are consenting to the release of all information that you provide in that review to a public forum. If you do not want any such information to be shared in a public forum, do not use the review feature.
10. MOBILITYZONE SOFTWARE
We may require that you download certain software from MobilityZone or its licensors onto your computer ("MobilityZone Software"). MobilityZone grants to you a non-exclusive, non-transferable, revocable, limited license to use the MobilityZone Software to participate in the PogiGames. The MobilityZone Software is for your personal use, and may not be reproduced, duplicated, copied, resold, sublicensed, or otherwise used in whole or in part by you for commercial purposes. You may not modify, translate, reverse-engineer, reverse-compile or decompile, disassemble or create derivative works from any of the MobilityZone Software.
NEITHER MOBILITYZONE NOR ITS LICENSORS, IS LIABLE FOR ANY DAMAGES IN CONNECTION WITH YOUR USE OF ANY MOBILITYZONE SOFTWARE (INCLUDING LIABILITY FOR ANY CONSEQUENTIAL OR INCIDENTAL DAMAGES OR DAMAGE TO YOUR COMPUTER HARDWARE OR SOFTWARE), AND THE ENTIRE RISK OF USE, INCLUDING, WITHOUT LIMITATION, ANY DAMAGE TO YOUR COMPUTER HARDWARE OR SOFTWARE, RESULTING FROM ANY USE OF THE MOBILITYZONE SOFTWARE, RESIDES WITH YOU.
MobilityZone reserves the right to collect fees, surcharges or costs incurred before you cancel your PogiGames account(s) or a particular subscription. In the event that your PogiGames account or a particular subscription is terminated or cancelled, no refund will be granted, no online time or other credits (e.g., points in an online game) will be credited to you or converted to cash or other form of reimbursement, and you will have no further access to your account or anything associated with it (such as points, tokens or in-game items). Any delinquent or unpaid accounts must be settled before MobilityZone may allow you to create any new or additional accounts. All virtual currency and virtual items are unconditionally forfeited if your Social Game account is terminated or suspended for any reason, in MobilityZone sole discretion, or if MobilityZone discontinues any Social Game.
12. Intellectual Property
The Digital Millennium Copyright Act provides recourse to copyright owners who believe that their rights under the United States Copyright Act have been infringed by acts of third parties over the Internet. If you believe that your copyrighted work has been copied without your authorization and is available on or in a PogiGames in a way that may constitute copyright infringement, you may provide notice of your claim to MobilityZone listed below.
13. IMPORT TAXES AND FEES
When you buy physical goods (e.g. CD-ROM) through PogiGames for delivery outside the United States, you are considered an importer and, as between you and MobilityZone, you will be responsible for payment of all taxes, duties, fees or other charges that may be applicable to such importation, including VAT, and you must comply with all laws and regulations of the country in which you are receiving the goods. Your privacy is important to us and we know that you care about how information about your order is used and shared. We would like our international customers and customers dispatching products internationally to be aware that cross-border deliveries are subject to opening and inspection by customs authorities.
14. Warranty Disclaimer
Save to the extent required by law, MobilityZone has no special relationship with or fiduciary duty to you. You acknowledge that MobilityZone has no control over, and no duty to take any action regarding the Site and the PogiGames.
You release MobilityZone from all liability for you having acquired or not acquired PogiGames. PogiGames may contain, or direct you to websites containing, information that some people may find offensive or inappropriate. MobilityZone makes no representations concerning any Content contained in or accessed through PogiGames, and MobilityZone will not be responsible or liable for the accuracy, copyright compliance, legality or decency of material contained in or accessed through or in PogiGames.
THE SITE, POGIGAMES, AND CONTENT ARE PROVIDED "AS IS", "AS AVAILABLE" AND ARE PROVIDED WITHOUT ANY REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, AND ANY WARRANTIES IMPLIED BY ANY COURSE OF PERFORMANCE OR USAGE OF TRADE, ALL OF WHICH ARE EXPRESSLY DISCLAIMED, SAVE TO THE EXTENT REQUIRED BY LAW.
MOBILITYZONE DO NOT WARRANT THAT: (A) POGIGAMES WILL BE SECURE OR AVAILABLE AT ANY PARTICULAR TIME OR LOCATION; (B) ANY DEFECTS OR ERRORS WILL BE CORRECTED; (C) ANY CONTENT OR SOFTWARE AVAILABLE AT OR THROUGH POGIGAMES IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; OR (D) THE RESULTS OF USING POGIGAMES WILL MEET YOUR REQUIREMENTS.
YOUR USE OF THE SITE, POGIGAMES, AND CONTENT IS SOLELY AT YOUR OWN RISK.
16. Limitation of Liability
ALL LIABILITY OF MOBILITYZONE, ITS DIRECTORS, EMPLOYEES, AGENTS, REPRESENTATIVES, PARTNERS, SUPPLIERS OR CONTENT PROVIDERS HOWSOEVER ARISING FOR ANY LOSS SUFFERED AS A RESULT OF YOUR USE THE SITE, THE POGIGAMES, CONTENT, AND USER SUBMISSIONS IS EXPRESSLY EXCLUDED TO THE FULLEST EXTENT PERMITTED BY LAW, SAVE THAT, IF A COURT OF COMPETENT JURISDICTION DETERMINES THAT LIABILITY OF MOBILITYZONE, ITS DIRECTORS, EMPLOYEES, AGENTS, REPRESENTATIVES, PARTNERS, SUPPLIERS OR CONTENT PROVIDERS (AS APPLICABLE) HAS ARISEN, THE TOTAL OF SUCH LIABILITY SHALL BE LIMITED IN AGGREGATE TO ONE HUNDRED US DOLLARS ($100).
IN NO EVENT SHALL MOBILITYZONE, NOR ITS DIRECTORS, EMPLOYEES, AGENTS, REPRESENTATIVES, PARTNERS, SUPPLIERS OR CONTENT PROVIDERS, BE LIABLE UNDER CONTRACT, TORT, STRICT LIABILITY, NEGLIGENCE OR ANY OTHER LEGAL OR EQUITABLE THEORY OR OTHERWISE (AND WHETHER OR NOT MOBILITYZONE, ITS DIRECTORS, EMPLOYEES, AGENTS, REPRESENTATIVES, PARTNERS, SUPPLIERS OR CONTENT PROVIDERS HAD PRIOR KNOWLEDGE OF THE CIRCUMSTANCES GIVING RISE TO SUCH LOSS OR DAMAGE) WITH RESPECT TO THE SITE, POGIGAMES, CONTENT, AND USER SUBMISSIONS FOR:
INDIRECT OR CONSEQUENTIAL LOSSES OR DAMAGES;
LOSS OF ACTUAL OR ANTICIPATED PROFITS;
LOSS OF REVENUE;
LOSS OF GOODWILL;
LOSS OF DATA;
LOSS OF ANTICIPATED SAVINGS;
WASTED EXPENDITURE; OR
COST OF PROCUREMENT OF SUBSTITUE GOODS OR SERVICES.
DEATH OR PERSONAL INJURY ARISING AS A RESULT OF OUR OR YOUR NEGLIGENCE (AS APPLICABLE);
FRAUD (INCLUDING FRAUDULENT MISREPRESENTATION), THEFT OR OTHER CRIMINAL ACTIVITY;
17. Compliance with Applicable Laws
You hereby acknowledge that you are obligated to adhere with any and all applicable laws, including, without limitation, regarding Intellectual Property, Privacy and Spam or unsolicited e-mail communication, including without limitation the CAN-SPAM Act of 2003 (15 U.S.C. 7701) and the Digital Millennium Copyright Act of 1998.
18. Governing Law
19. Integration and Severability
21. Contact Us
If you have any kind of problem, you may contact us at::