Effective Date: 11th. November, 2023
These Terms of Service ("Agreement") establish the terms governing the relationship between you and DOMO ZOO PTE. LTD., a Singaporean company with its registered office located at Suntec Tower One, 7 Temasek Boulevard, Singapore (referred to herein as "DOMO ZOO," "Us," or "We"). These terms pertain to your utilization of DOMO ZOO's games, websites, and associated services (collectively referred to as the "Service"). The utilization of the Service is also subject to DOMO ZOO's Privacy Policy and other pertinent policies, which are integrated into this Agreement by reference.
Prior to accessing or using the Service, whether by browsing any DOMO ZOO website or engaging with a game, it is imperative that you agree to abide by these Terms of Service and the Privacy Policy. Additionally, you may be required to create an account on the Service (referred to as an "Account"). By registering for an Account or employing the Service in any other way, you affirm that you are 13 years of age or older. If you fall within the age bracket of 13 to 17, you confirm that your legal guardian has reviewed and consented to these Terms. In the event that you access the Service through a Social Networking Site ("SNS") such as Facebook or Google+, you are obligated to adhere to its terms of service/use, in addition to complying with these Terms of Service.
By installing, using, or otherwise accessing the Service, you signify your agreement to these Terms of Service. Should you disagree with these terms, please refrain from installing, using, or accessing the Service. The use of the Service is prohibited in areas where it is deemed void.
DOMO ZOO retains the right, at its discretion, to modify, amend, add, or remove sections of these Terms of Service, its Privacy Policy, and other pertinent DOMO ZOO policies. Such changes will be communicated by posting the revised terms on the DOMO ZOO Service. Your continued use of the Service will be considered as acceptance of these modifications. If, at any point, you do not consent to any part of the current version of our Terms of Service, the DOMO ZOO Privacy Policy, or any other DOMO ZOO policy, regulations, or codes of conduct associated with your Service use, your license to use the Service will promptly terminate. Consequently, you must cease using the Service immediately.
1. License
1.1. Limited License to Use the Service
In accordance with your acceptance and ongoing adherence to these Terms of Service, as well as any additional applicable DOMO ZOO policies, DOMO ZOO extends to you a limited license. This license is non-exclusive, non-transferable, non-sublicensable, revocable, and confined in scope, granting you permission to access and utilize the Service strictly for your personal, non-commercial entertainment purposes. It is expressly prohibited to employ the Service for any other purpose beyond the specified non-commercial entertainment use.
**Use Restrictions**
The following restrictions govern the utilization of the Service:
- Age Limitations: You are prohibited from creating an Account or accessing the Service if you are under the age of 13. It is your responsibility to limit usage by minors, and you must prevent access to children under the age of 13. You bear full responsibility for any unauthorized use of the Service by minors. Additionally, you are accountable for any use of your credit card or other payment instrument (e.g., PayPal) by minors.
- Account Integrity: You are expressly forbidden from purchasing, selling, renting, or giving away your Account. Creating an Account using false identity or information, or doing so on behalf of someone other than yourself, is strictly prohibited. Access to the Service is not permitted if you have previously been removed by DOMO ZOO or banned from playing any DOMO ZOO game.
- Commercial Use Prohibition: Your Account is to be used solely for non-commercial purposes. You are not allowed to use the Service for advertising, solicitation, or the transmission of any commercial advertisements. This includes, but is not limited to, chain letters, junk or spam emails, or the dissemination of repetitive or misleading messages to any individual.
Login Information and Your Account
To access your Account, you may be required to choose a password or use alternative credentials ("Login Information"). It is imperative that you refrain from sharing your Account or Login Information and prevent unauthorized access to your Account to ensure its security. In the event of any suspected breach of security, such as loss, theft, or unauthorized disclosure of Login Information, you are obligated to promptly notify DOMO ZOO and modify your Login Information.
You bear the sole responsibility for maintaining the confidentiality of your Login Information. Whether authorized by you or not, you will be held responsible for all uses of the Login Information, including any purchases. You are accountable for all activities that occur through your Account.
DOMO ZOO retains the right to remove or reclaim any usernames at its discretion and for any reason. This includes, but is not limited to, situations where a third party claims that a username violates their rights.
It's important to note that the Service supports only one Account per game on a supported device.
License Limitations
Any use of the Service in violation of these License Limitations is strictly prohibited and may result in the immediate revocation of your limited license, potentially exposing you to liability for violations of the law. You expressly agree not to, under any circumstances:
- Refrain from participating in any activity that DOMO ZOO deems contrary to the spirit or purpose of the Service, or engage in improper use of DOMO ZOO's support services.
- Avoid using or being involved (directly or indirectly) in the utilization of cheats, exploits, automation software, bots, hacks, mods, or any unauthorized third-party software designed to alter or disrupt the Service, any DOMO ZOO game, or the overall gaming experience.
- Do not alter or allow the modification of any files integral to the Service or any DOMO ZOO game without obtaining the express written consent of DOMO ZOO.
- Avoid disrupting, interfering with, or adversely affecting the normal flow of the Service or engaging in any activity that may detrimentally impact the experience of other users when using the Service or playing DOMO ZOO games. This includes activities such as win trading, manipulation of rankings, exploiting errors in the Service to gain an unfair advantage over other players, and any other intentional abuse or actions contrary to the design of the Service.
- Refrain from disrupting, overburdening, or assisting in the disruption or overburdening of any computer or server ("Server") utilized to provide or support the Service or any DOMO ZOO game environment.
- Do not initiate, assist, or participate in any form of attack, including but not limited to the distribution of viruses, denial of service attacks on the Service, or any other attempts to disrupt the Service or hinder another person's use or enjoyment of the Service.
- Refrain from attempting to gain unauthorized access to the Service, accounts registered to others, or to the computers, servers, or networks connected to the Service through any means other than the user interface provided by DOMO ZOO. This includes, but is not limited to, circumventing or modifying, attempting to circumvent or modify, or encouraging or assisting any other person to circumvent or modify any security, technology, device, or software that is part of the Service.
- Avoid posting any information that is abusive, threatening, obscene, defamatory, libelous, or racially, sexually, religiously, or otherwise objectionable or offensive. Additionally, refrain from engaging in ongoing toxic behavior, such as repeatedly posting information on an unsolicited basis.
- Do not post any information that contains nudity, excessive violence, or offensive subject matter, or includes a link to such content.
- Abstain from attempting to harass, abuse, or harm another person or group, including DOMO ZOO employees and customer service representatives. Similarly, do not advocate or incite harassment, abuse, or harm.
- Avoid making available through the Service any material or information that infringes on any copyright, trademark, patent, trade secret, right of privacy, right of publicity, or any other right of any person or entity. Additionally, refrain from impersonating any other person, including a DOMO ZOO employee.
- Do not attempt to reverse engineer, decompile, disassemble, decipher, or otherwise derive the source code for any underlying software or other intellectual property used to provide the Service or any DOMO ZOO game. Similarly, do not attempt to obtain any information from the Service or any DOMO ZOO game using methods not expressly permitted by DOMO ZOO.
- Refrain from soliciting or attempting to solicit login information or any other login credentials or personal information from other users of the Service or any DOMO ZOO game.
- Do not collect or post anyone's private information, including personally identifiable information (whether in text, image, or video form), identification documents, or financial information through the Service.
DOMO ZOO retains the right to ascertain what conduct it deems to be in violation of the rules of use or contrary to the intent or spirit of these Terms of Service or the Service itself. DOMO ZOO reserves the right to take appropriate action as a consequence, which may involve the termination of your account and the prohibition of your use of the Service, either in whole or in part.
1.2. Suspension and Termination of Account and Service
Without limiting any other remedies, DOMO ZOO may take actions such as limiting, suspending, terminating, modifying, or deleting accounts or access to the Service, or portions thereof, if it is determined that you are, or DOMO ZOO suspects that you are, failing to comply with any of these Terms of Service or engaging in any actual or suspected illegal or improper use of the Service. This may occur with or without notice to you. In the event of account termination or limitation, you may lose your user name, persona in the Service, as well as any benefits, privileges, earned items, and purchased items associated with your use of the Service. DOMO ZOO is not obligated to compensate you for any such losses or results.
Without limiting other remedies, DOMO ZOO reserves the right to limit, suspend, or terminate the Service and user accounts, or portions thereof. Access to games, sites, content, services, and tools may be prohibited, hosted content may be delayed or removed, and technical and legal measures may be taken to prevent users from accessing the Service if it is believed that they are creating risk or potential legal liabilities, infringing the intellectual property rights of third parties, or acting inconsistently with the letter or spirit of the terms or policies. Additionally, in appropriate circumstances and at the sole discretion of DOMO ZOO, accounts of users who may be repeat infringers of third-party intellectual property rights may be suspended or terminated.
DOMO ZOO retains the right to terminate any account that has remained inactive for a period of 180 days.
DOMO ZOO reserves the right to cease offering and/or supporting the Service, a particular game, or any part of the Service at any time. In such cases, your license to use the Service or a specific part thereof will be automatically terminated. DOMO ZOO is not obligated to provide refunds, benefits, or other compensation to users in connection with the discontinued Service. The termination of your account may involve disabling your access to the Service or any part thereof, including any content you or others have submitted.
You have the option to terminate your account at any time and for any reason by contacting us through our customer service email at developer@domozoo.com and informing DOMO ZOO of your decision to terminate your account.
2. Ownership
2.1. Games and Service
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 DOMO ZOO game client, and the DOMO ZOO game clients and server software) are owned by DOMO ZOO. DOMO ZOO reserves all rights, including without limitation, all intellectual property rights or other proprietary rights, in connection with its games and the Service.
2.2. User Accounts
Regardless of any conflicting information herein, you recognize and consent that you do not possess any ownership or other property interest in the account. Additionally, you explicitly acknowledge and agree that all rights associated with the account are and will perpetually be owned by and accrue to the benefit of DOMO ZOO.
2.3. Virtual Items
DOMO ZOO possesses ownership, licenses, or otherwise holds the rights to use all content featured in the Service or in DOMO ZOO games. Despite any provision to the contrary herein, you explicitly acknowledge that you have no right or title in or to any content within the Service. This includes, without limitation, virtual goods or currency that appears or originates in any DOMO ZOO game, whether earned in-game or purchased from DOMO ZOO, along with any other attributes associated with an account or stored on the Service.
3. User Content
3.1. Submission of User Content
"User Content" refers to any communications, images, sounds, and all material, data, and information that you upload or transmit through a DOMO ZOO game client or the Service, or that other users upload or transmit, including, without limitation, any chat text. By transmitting or submitting any User Content while using the Service, you affirm, represent, and warrant that such transmission or submission:
(a) is accurate and not confidential or misleading;
(b) does not violate any laws, contractual restrictions, or other third-party rights, and that you have permission from any third party whose personal information or intellectual property is comprised in the User Content;
(c) is free of viruses, adware, spyware, worms, or other malicious code; and
(d) you acknowledge and agree that any of your personal information within such content will at all times be processed by DOMO ZOO in accordance with its Privacy Policy.
3.1.1. Content Screening
DOMO ZOO disclaims any responsibility for the conduct of any user submitting User Content and does not assume responsibility for monitoring the Service for inappropriate content or conduct. We do not, and cannot, pre-screen or monitor all User Content. Your use of the Service is at your own risk. By using the Service, you may encounter User Content that is offensive, indecent, or not in line with your expectations. You assume all risks associated with the use of any User Content available in connection with the Service. At our discretion, our representatives or technology may monitor and/or record your interaction with the Service or communications (including, without limitation, chat text) when you are using the Service.
By agreeing to these Terms of Service, you hereby grant your irrevocable consent to the monitoring and recording practices outlined herein. You recognize and affirm that you hold no expectation of privacy regarding the transmission of any User Content, including, but not limited to, chat text or voice communications.
DOMO ZOO retains the exclusive right, at its sole discretion, to scrutinize, monitor, restrict, edit, delete, disable access to, or otherwise render unavailable any User Content (including, but not limited to, your User Content) without prior notice, for any reason or without specifying any reason at any given time. Should DOMO ZOO decide, at its discretion, to monitor the Service, it nonetheless disclaims any responsibility for User Content and assumes no obligation to alter or remove any inappropriate User Content. We possess the right, though not the obligation, at our sole discretion, to edit, decline to post, or delete any User Content.
3.2. Information Sharing Among Service Members
3.2.1. Public Discussion
Within the Service, there are various forums, blogs, and chat features allowing you to share User Content, which may include your observations and comments on designated topics. While using these features, it's important to note that DOMO ZOO cannot ensure that other members will refrain from utilizing the ideas and information you share. Consequently, if you possess confidential ideas or information you prefer others not to use, it's advisable to refrain from posting it on the Service. DOMO ZOO disclaims any responsibility to assess, utilize, or compensate you for any ideas or information you choose to submit.
3.2.2. Self-Responsibility for Your Content
You bear sole responsibility for the information you post on, through, or in connection with the Service and provide to others. DOMO ZOO reserves the right to reject, refuse to post, or delete any User Content for any reason, including, but not limited to, User Content that, in the sole judgment of DOMO ZOO, violates these Terms of Service.
3.2.3. Your License to DOMO ZOO
By using the Service, you grant DOMO ZOO an irrevocable, perpetual, transferable, fully paid-up, royalty-free, worldwide license (including the right to sublicense and assign to third parties) and the right to copy, reproduce, fix, adapt, modify, create derivative works from, manufacture, commercialize, publish, distribute, sell, license, sublicense, transfer, 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, your User Content, as well as all modified and derivative works thereof, in connection with our provision of the Service, including marketing and promotions of the Service. You also grant DOMO ZOO the right to authorize others to exercise any of the rights granted to DOMO ZOO under these Terms of Service.
Additionally, you grant DOMO ZOO the unconditional, irrevocable right to use and exploit your name, likeness, and any other information or material included in any User Content and in connection with any User Content, without any obligation to you. Except as prohibited by law, you waive any rights of attribution and/or any moral rights you may have in your User Content, regardless of whether your User Content is altered or changed in any manner. DOMO ZOO does not claim any ownership rights in your User Content, and nothing in these Terms of Service is intended to restrict any rights that you may have to use and exploit your User Content. DOMO ZOO has no obligation to monitor or enforce your intellectual property rights in or to your User Content.
3.3. User Interactions
You bear sole responsibility for your interactions with other users of the Service and any other parties with whom you engage through the Service and/or DOMO ZOO games. While DOMO ZOO reserves the right to intervene in these disputes, it is under no obligation to do so. You agree to fully cooperate with DOMO ZOO in investigating any suspected unlawful, fraudulent, or improper activity, including granting DOMO ZOO access to any password-protected sections of your Account.
In the event of a dispute with one or more users, you hereby 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.
4. Fees and Purchase Terms
4.1. Purchases
Within the Service, you have the option to make purchases using "real-world" money, obtaining a limited, personal, non-transferable, non-sublicensable, revocable license to use:
- (a) "virtual currency," encompassing virtual cash or diamonds, for use in DOMO ZOO games;
- (b) "virtual in-game items" (collectively referred to as "Virtual Items"); and
- (c) other goods or services ("Merchandise").
It is permissible to purchase Virtual Items solely through the Service from us or our authorized partners, and not through any alternative means. DOMO ZOO retains the right to manage, regulate, control, modify, or eliminate Virtual Items and/or Merchandise at its discretion, with or without prior notice. In the event of such actions, DOMO ZOO holds no liability to you or any third party.
The transfer of Virtual Items and Merchandise is strictly prohibited unless expressly authorized within the Service. Except as expressly permitted in the Service, you are not allowed to sell, purchase, redeem, or otherwise transfer Virtual Items or Merchandise to any person or entity, including but not limited to DOMO ZOO, another user, or any third party.
ALL PURCHASES AND REDEMPTIONS OF VIRTUAL ITEMS MADE THROUGH THE SERVICE ARE FINAL AND NON-REFUNDABLE.
The provision of Virtual Items for use in DOMO ZOO games is a service provided by DOMO ZOO that commences immediately upon acceptance by DOMO ZOO of your purchase.
4.2. Payment of Fees
You are responsible for settling all fees and relevant taxes accrued by you or anyone utilizing an Account registered to you. DOMO ZOO retains the right to adjust the pricing for goods and services available through the Service at its discretion. YOU ACKNOWLEDGE THAT DOMO ZOO IS NOT OBLIGATED TO ISSUE A REFUND UNDER ANY CIRCUMSTANCES, AND THAT YOU WILL NOT RECEIVE MONETARY OR OTHER COMPENSATION FOR UNUSED VIRTUAL ITEMS WHEN AN ACCOUNT IS CLOSED, WHETHER SUCH CLOSURE IS VOLUNTARY OR INVOLUNTARY.
5. Updates to the Service
You recognize that the Service is subject to evolution. DOMO ZOO may necessitate your acceptance of updates to the Service and to the DOMO ZOO games installed on your device or computer. You acknowledge and consent to DOMO ZOO's ability to update the Service and DOMO ZOO games, with or without prior notification. To ensure access to the Service and the ability to play DOMO ZOO games, you may be required to periodically update third-party software.
6. Disclaimer of Warranties
While Section 7 specifies DOMO ZOO's liability, it's crucial to understand that the Service is offered on an "as is" and "as available" basis for your use. This means there are no warranties, whether express or implied, including but not limited to the warranties of merchantability, fitness for a particular purpose, title, non-infringement, and those arising from the course of dealing or usage of trade.
DOMO ZOO cannot guarantee that you'll be able to access or use the Service at the times or locations of your choosing. The Service may not be uninterrupted or error-free, and defects may not always be corrected. Furthermore, DOMO ZOO does not warrant that the game or the Service are free of viruses or other harmful components.
It's important to note that some jurisdictions may not permit the exclusion of certain warranties. Consequently, some of the above disclaimers may not be applicable to you.
7. Limitation of Liability; Sole and Exclusive Remedy; Indemnification
To the fullest extent permitted by law, DOMO ZOO shall not be held liable to you for any indirect, incidental, consequential, special, punitive, or similar damages. This includes, but is not limited to, loss of revenues, lost profits, lost data, business interruption, or other intangible losses, regardless of the legal theory (contract, tort, or otherwise) and whether or not DOMO ZOO has been informed of the potential for such damages.
In no event shall DOMO ZOO's liability to you exceed the total amount you paid to DOMO ZOO in the six (6) months immediately preceding the date on which you first assert a claim. If you haven't made any payments to DOMO ZOO during this time, your sole remedy and DOMO ZOO's exclusive liability for any dispute is to cease using the Service and deactivate your account.
These terms do not affect the statutory rights of any consumer or exclude liability for gross negligence or willful misconduct of DOMO ZOO. DOMO ZOO shall not be relieved of liability for death or personal injury resulting from negligence or fraud.
You agree to indemnify, defend, and hold DOMO ZOO and its officers, directors, agents, subsidiaries, joint ventures, and employees harmless from any third-party claim, demand, damages, or losses, including reasonable attorneys' fees. This indemnification obligation does not apply if the infringement of rights is not attributable to your intentional or negligent behavior.
8. Dispute Resolution and Law
In case of a dispute between you and DOMO ZOO, we recommend initiating contact directly through our customer service email: developer@domozoo.com, to explore resolution options. This Agreement is subject to the laws of Singapore, and its interpretation and enforcement shall follow these laws. Any conflict of laws principles requiring the application of the laws of another jurisdiction are not applicable. You consent to the personal, non-exclusive jurisdiction of Singapore and any other court of competent jurisdiction chosen by us.
9. Severability
You and DOMO ZOO mutually agree that if any part of these Terms of Service or the DOMO ZOO Privacy Policy is deemed illegal or unenforceable, either in whole or in part, by a court of competent jurisdiction, the affected provision shall be rendered ineffective solely within that jurisdiction. This determination of invalidity or unenforceability shall not impact the validity or enforceability of the provision in any other jurisdiction or manner. Additionally, it shall not affect the remaining provisions of the terms, which will remain fully valid and enforceable.
10. General Provisions
10.1. Assignment
DOMO ZOO retains the right to assign or delegate these Terms of Service and/or the DOMO ZOO Privacy Policy, either wholly or partially, to any individual or entity, at its discretion, with or without your consent. Assignment or delegation of any rights or obligations under these terms by you requires the prior written consent of DOMO ZOO, and any unauthorized attempts are considered ineffective.
10.2. Supplemental Policies
DOMO ZOO reserves the right to release additional policies pertaining to specific services like forums, contests, or loyalty programs. Your utilization of these services is contingent upon adherence to both the particular policies associated with each service and these overarching Terms of Service.
10.3. Entire Agreement
These Terms of Service, along with any supplementary policies and documents explicitly referenced herein (including the DOMO ZOO Privacy Policy), represent the comprehensive agreement between you and DOMO ZOO. They surpass any prior understandings, whether electronic, oral, or written, and prevail over earlier agreements, practices, policies, or precedents between you and us concerning the Service.
10.4. No Waiver
The failure of DOMO ZOO to insist on strict performance by you of any provision in these Terms of Service or the DOMO ZOO Privacy Policy, or the failure to exercise any right under them, shall not be interpreted as a waiver or relinquishment of DOMO ZOO's right to assert or rely upon any such provision or right in that or any other instance.
The explicit waiver by DOMO ZOO of any provision, condition, or requirement of these Terms of Service or the DOMO ZOO Privacy Policy shall not be deemed a waiver of any future obligation to comply with such provision, condition, or requirement.
Unless expressly and specifically outlined in these Terms of Service, no representations, statements, consents, waivers, or other acts or omissions by DOMO ZOO shall be considered a modification of these Terms of Service, nor legally binding, unless documented in physical writing, hand-signed by you and a duly appointed officer of DOMO ZOO.
10.5. Notices
We reserve the right to notify you through email or any other communication method using the contact information you provide to us. All notices required from you or given by you under these Terms of Service or the DOMO ZOO Privacy Policy shall be in writing and directed to:
DOMO ZOO PTE. LTD.
Suntec Tower One, 7 Temasek Boulevard
Singapore
Any notices provided by you without adherence to the specifications outlined in this Section on Notices shall be deemed to have no legal effect.
10.6. Equitable Remedies
You recognize that the rights bestowed and responsibilities established under these Terms of Service for DOMO ZOO are of a distinctive and irreplaceable character. The forfeiture of these rights would result in irreparable harm to DOMO ZOO, which cannot be adequately remedied through monetary compensation alone. Therefore, in the case of any breach or anticipated breach by you, DOMO ZOO reserves the right to seek injunctive or other equitable relief without the requirement of posting a bond, surety, or providing proof of damages.
You explicitly relinquish any entitlement to pursue injunctive or other equitable remedies, and you refrain from seeking to enjoin or restrain the operation of the Service or any DOMO ZOO game. This waiver extends to any efforts to prohibit the exploitation of advertising, materials, content, or any other elements associated with the Service. Instead, you agree to confine your claims to requests for monetary damages, subject to the limitations outlined in Section 7 (if applicable).
10.7. Force Majeure
DOMO ZOO holds no responsibility for delays or non-performance caused by factors beyond its reasonable control. Such circumstances include, but are not limited to, acts of God, war, terrorism, riots, embargoes, actions by civil or military authorities, fires, floods, accidents, strikes, or shortages of transportation facilities, fuel, energy, labor, or materials.