Terms Of Service — VNG Game Studios

Please read these terms carefully before using the Services.

1Introduction

1.1 Welcome to VNG Game Studios. These Terms of Service set out the terms and conditions by which VNG GAME STUDIOS and/or its affiliates and subsidiaries (individually and collectively, "VNG," "we," "us" or "our") offer:

our mobile games, including but not limited to Dead Target: Zombie, Sniper Zombies, Zombie Hunter, and other titles published by VNG Game Studios ("Games");
the underlying Games client software and related platform client software ("Software");
our websites, including deadtarget.com and related domains ("Sites"); and
any other apps, websites, games, or services that link to these Terms of Service, regardless of how you access or use them, including through mobile devices (collectively, the "Services").

1.2 The Services also include any services provided by or through the VNG platform client software, any services made available through our Games or the Sites, and all information, linked pages, features, data, text, images, photographs, graphics, music, sounds, video, messages, tags, content, programming, software, application services (including without limitation any mobile application services) or other materials made available by or through us ("Content"). Any updates, upgrades and new features added to or augmenting the Services are also subject to these Terms of Service.

1.3 Please read these Terms of Service carefully before using the Services so that you are aware of your legal rights and obligations with respect to VNG.

1.4 BY USING THE SERVICES, YOU SIGNIFY YOUR IRREVOCABLE ACCEPTANCE OF THESE TERMS OF SERVICE. IF YOU DO NOT AGREE TO THESE TERMS, PLEASE DO NOT USE OUR SERVICES. IF YOU ARE YOUNGER THAN 18 YEARS OLD OR THE RELEVANT "AGE OF MAJORITY" WHERE YOU LIVE, YOU MUST GET PERMISSION FROM A PARENT OR LEGAL GUARDIAN TO USE THE SERVICES AND THAT PARENT OR LEGAL GUARDIAN MUST AGREE TO THESE TERMS OF SERVICE. IF YOU DO NOT KNOW WHETHER YOU HAVE REACHED THE "AGE OF MAJORITY" WHERE YOU LIVE, OR DO NOT UNDERSTAND THIS SECTION, PLEASE DO NOT USE THE SERVICES UNTIL YOU HAVE ASKED YOUR PARENT OR LEGAL GUARDIAN FOR HELP. IF YOU ARE THE PARENT OR LEGAL GUARDIAN OF A MINOR WHO IS USING THE SERVICES, YOU MUST ACCEPT THESE TERMS OF SERVICE ON THE MINOR'S BEHALF AND YOU WILL BE RESPONSIBLE FOR ALL USE OF THE SERVICES, INCLUDING PURCHASES MADE BY THE MINOR, WHETHER OR NOT THE MINOR IS SUPERVISED BY YOU DURING SUCH PURCHASE.

1.5 VNG has the right to revise these Terms of Service at any time without providing notice to its users. It is your responsibility to check this page regularly to make note of any changes. Your continued use of the Services shall be deemed irrevocable acceptance of those revisions.

1.6 VNG reserves the right to change, modify, suspend or discontinue any portion of the Services at any time. VNG may release certain Services or their features in a beta version, which may not work correctly or in the same way the final version may work, and we shall not be held liable in such instances. VNG may also impose limits on certain features or restrict your access to parts of, or the entire, Services in its sole discretion and without notice or liability.

1.7 VNG reserves the right to refuse to provide you access to the Services.

2Privacy

2.1 Your privacy is very important to us at VNG. To better protect your rights, we have provided our Privacy Policy to explain our privacy practices in detail. Please review the Privacy Policy at deadtarget.com to understand how VNG collects and uses the information associated with your use of the Services. By using the Services or agreeing to these Terms of Service, you consent to VNG's collection, use, disclosure and/or processing of your Content and personal data as described in the Privacy Policy.

3Limited License

3.1 VNG grants you a non-exclusive, non-transferable limited right and license to install the Software and access and use the Services, subject to the terms and conditions of these Terms of Service and for personal use only. This license does not allow you to make any commercial use or any derivative use of the Services (including without limitation any of its individual elements, including but not limited to the Games, Software or Content). All rights not specifically granted by VNG under these Terms of Service are hereby reserved by VNG.

3.2 You acknowledge and agree that all title, ownership rights and intellectual property rights connected with the Services (including but not limited to any derivative works, titles, computer code, objects, themes, characters, character names, stories, dialogues, catch phrases, locations, concepts, artwork, graphics, animation, sounds, musical compositions, audio-visual effects, text, screen displays, methods of operation, moral rights, "applets" incorporated in the Services, and any related documentation) are the property of VNG and where applicable, third party proprietors identified in the Services.

3.3 By using or accessing the Services you agree to comply with the copyright, trademark, service mark, and all other applicable laws that protect the Services and its Content. You agree not to copy, distribute, republish, transmit, publicly display, publicly perform, modify, adapt, rent, sell, or create derivative works of any portion of the Services or its Content. You also may not, without our prior written consent, mirror or frame any part or whole of the Services on any other server or as part of any other website.

4Terms of Use

4.1 The license for use of the Services is effective until terminated as set forth in these Terms of Service or if you fail to comply with any term or condition of these Terms of Service.

4.2 You agree not to:

upload, post, email, transmit or otherwise make available any Content that is unlawful, harmful, threatening, abusive, harassing, alarming, distressing, tortuous, defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable;
use the Services to harm minors in any way;
use the Services to impersonate any person or entity, or otherwise misrepresent your affiliation with a person or entity;
forge headers or otherwise manipulate identifiers in order to disguise the origin of any Content transmitted through the Services;
remove any proprietary notices from the Services;
cause, permit or authorize the modification, creation of derivative works, or translation of the Services without the express permission of VNG;
use the Services for any commercial purpose or the benefit of any third party or any manner not permitted by the licenses granted herein;
use the Services for fraudulent purposes;
attempt to decompile, reverse engineer, disassemble or hack the Services (or any portion thereof), or to defeat or overcome any encryption technology or security measures implemented by VNG;
harvest or collect any information including without limitation any personal data or information;
upload, post, email, transmit or otherwise make available any Content that you do not have a right to make available under any law or under contractual or fiduciary relationships;
upload, post, email, transmit or otherwise make available any Content that infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party;
interfere with, manipulate or disrupt the Services or servers or networks connected to the Services or any other user's use and enjoyment of the Services;
take any action or engage in any conduct that could directly or indirectly damage, disable, overburden, or impair the Services or the servers or networks connected to the Services;
use the Services to intentionally or unintentionally violate any applicable local, state, national or international law, rule, code, directive, guideline, policy or regulation;
use the Services to violate the privacy of others or to "stalk" or otherwise harass another;
use the Services to collect or store personal data about other users in connection with the prohibited conduct and activities set forth above;
use, develop, or distribute any robot, spider, unauthorized script, unauthorized scraper or offline reader, or any other cheat, mod, hack or the like, or any unauthorized third-party software designed to modify or interfere with the Services;
buy, sell, trade, or advertise to sell any virtual currency or items or game account for commercial purposes;
exploit, distribute, or publicly inform other members of any game error, miscue, or bug which gives an unintended advantage.

4.3 You understand that all Content, whether publicly posted or privately transmitted, is the sole responsibility of the person from whom such Content originated. This means that you, and not VNG, are entirely responsible for all Content that you upload, post, email, transmit or otherwise make available through the Services. Under no circumstances will VNG be liable in any way for any Content, including, but not limited to, any errors or omissions in any Content, or any loss or damage of any kind incurred as a result of the use of, or reliance on, any Content posted, emailed, transmitted or otherwise made available through the Services.

4.4 You acknowledge that VNG may or may not pre-screen Content, but that VNG and its designees shall have the right (but not the obligation) in their sole discretion to pre-screen, refuse, delete or move any Content that is available through the Services for any reason.

4.5 You acknowledge, consent and agree that VNG may access, preserve and disclose your information and Content if required to do so by law or pursuant to an order of a court or by any governmental or regulatory authority having jurisdiction over VNG or in a good faith belief that such access, preservation or disclosure is reasonably necessary to: (a) comply with legal process; (b) enforce these Terms of Service; (c) respond to claims that any Content violates the rights of third parties; (d) respond to your requests for customer service; or (e) protect the rights, property or personal safety of VNG, its users and/or the public.

5Accounts and Security

5.1 Some functions of our Services require registration for an Account by selecting a unique user identification ("User ID") and password, or by linking a third-party social networking service ("SNS") such as Facebook or Google. If you select a User ID that VNG, in its sole discretion, finds offensive or inappropriate, VNG has the right to suspend or terminate your Account.

5.2 You agree to (a) keep your password confidential and use only your User ID and password when logging in, (b) ensure that you log out from your account at the end of each session, (c) immediately notify VNG of any unauthorized use of your User ID and/or password, and (d) ensure that your Account information is accurate and up-to-date. You are fully responsible for all activities that occur under your User ID and Account even if such activities or uses were not committed by you. VNG will not be liable for any loss or damage arising from unauthorized use of your password or your failure to comply with this Section.

5.3 You agree that VNG may for any reason, in its sole discretion and without notice or liability to you or any third party, immediately terminate your Account and your User ID, and remove or discard from the Services any Content associated with your Account and User ID. Grounds for such termination may include, but are not limited to, (a) extended periods of inactivity, (b) violation of the letter or spirit of these Terms of Service, (c) violation of any applicable law, (d) fraudulent, harassing, defamatory, threatening or abusive behavior, or (e) behavior that is harmful to other users, third parties, or the business interests of VNG.

5.4 You may freely delete your Account at any time by using the in-game settings or by contacting our customer support team.

6Virtual Items and Purchases

6.1 Some of our Games may be described as "free" within the description page of App marketplaces. You may download and play such Games free of charge, but they may offer optional in-app purchases for additional game content, virtual items, or virtual currency.

6.2 If there is a charge associated with the purchase of in-game products or any portion of the Services, you agree to pay that charge. The price stated for the in-game products and Services excludes all applicable taxes and currency exchange settlements, unless stated otherwise. You are solely responsible for paying such taxes or other charges.

6.3 You understand that virtual items and virtual currencies are provided solely for your entertainment use, and that you have a limited license to use them under these Terms of Service, not an ownership interest in them. Any "virtual currency" balance shown in your account does not constitute a real-world balance or reflect any stored value, but instead constitutes a measurement of the extent of your license.

6.4 VNG prohibits and does not recognize any purported transfers of virtual items or virtual currency effectuated outside of the Services, or the purported sale, gift or trade in the "real world" of anything that appears or originates in the Services, unless expressly authorized by VNG. Any such transfer or attempted transfer is prohibited and void, and may subject your account to termination.

6.5 YOU AGREE AND ACKNOWLEDGE THAT VNG IS NOT REQUIRED TO PROVIDE A REFUND FOR ANY REASON, AND THAT YOU WILL NOT RECEIVE MONEY OR OTHER COMPENSATION FOR UNUSED VIRTUAL ITEMS WHEN A GAME ACCOUNT IS CLOSED, WHETHER SUCH CLOSURE WAS VOLUNTARY OR INVOLUNTARY. YOUR PURCHASE OF VIRTUAL CURRENCY IS FINAL AND IS NOT REFUNDABLE, EXCHANGEABLE OR TRANSFERABLE, EXCEPT IN VNG'S SOLE DISCRETION.

6.6 VNG may revise the pricing for the goods and services it licenses to you through the Services at any time. Once purchased, your in-game products will be valid indefinitely until your account is terminated for any reason or if we are no longer able to legally service your account.

6.7 Notwithstanding the foregoing, if you reside in the European Union and you have purchased virtual items or currencies from VNG, you may have the right to withdraw from a purchase within fourteen (14) calendar days, commencing on the day after the date of purchase (the "Cooling Off Period"). However, you lose your right of withdrawal if the performance of our services begins before the end of the Cooling Off Period.

7Third Party Advertising

7.1 VNG may feature advertisements from third parties or provide links on the Services to third party websites or vendors who may invite you to participate in a promotional offer in return for receiving an optional component of the Services and/or benefits (such as virtual items or virtual currency). Any charges or obligations you incur in your dealings with these third parties are your sole responsibility. VNG makes no representation or warranty regarding any content, goods and/or services provided by any third party, and will not be liable for any claim relating to any third party content, goods and/or services.

7.2 The linked sites are not under the control of VNG and may collect data or solicit personal information from you. VNG is not responsible for their content, business practices or privacy policies, or for the collection, use or disclosure of any information those sites may collect.

8Notifications

8.1 We may send local or push notifications to your mobile device to make you aware of game updates, promotional events, new game information and other relevant messages regarding the game service. You can manage push notifications from the "options" or "settings" page within the relevant Game.

8.2 We may also send email to your email account to make you aware of game updates, promotional events, new game information, and other relevant messages regarding the game service. If you do not want to receive our email notifications, please contact us.

9Disclaimer

9.1 THE SERVICES ARE PROVIDED "AS IS" AND WITHOUT ANY WARRANTIES, CLAIMS OR REPRESENTATIONS MADE BY VNG OF ANY KIND EITHER EXPRESS, IMPLIED OR STATUTORY WITH RESPECT TO THE SERVICES, INCLUDING WITHOUT LIMITATION WARRANTIES OF QUALITY, PERFORMANCE, NON-INFRINGEMENT, MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE, NOR ARE THERE ANY WARRANTIES CREATED BY COURSE OF DEALING, COURSE OF PERFORMANCE OR TRADE USAGE. WITHOUT LIMITING THE FOREGOING, VNG DOES NOT WARRANT THAT THE SERVICES OR THE FUNCTIONS CONTAINED THEREIN WILL BE AVAILABLE, ACCESSIBLE, UNINTERRUPTED, TIMELY, SECURE, ACCURATE, COMPLETE OR ERROR-FREE, THAT DEFECTS, IF ANY, WILL BE CORRECTED, OR THAT THE SERVICES AND/OR THE SERVER THAT MAKES SAME AVAILABLE ARE FREE OF VIRUSES, CLOCKS, TIMERS, COUNTERS, WORMS, SOFTWARE LOCKS, DROP DEAD DEVICES, TROJAN-HORSES, ROUTINGS, TRAP DOORS, TIME BOMBS OR ANY OTHER HARMFUL CODES, INSTRUCTIONS, PROGRAMS OR COMPONENTS. YOU ACKNOWLEDGE THAT THE ENTIRE RISK ARISING OUT OF THE USE OR PERFORMANCE OF THE SERVICES REMAINS WITH YOU TO THE MAXIMUM EXTENT PERMITTED BY LAW.

9.2 Some jurisdictions do not allow the disclaimer of implied warranties, so some or all of the foregoing disclaimers may not apply to you.

10Exclusions and Limitation of Liability

10.1 IN NO EVENT SHALL VNG BE LIABLE WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING WITHOUT LIMITATION NEGLIGENCE), PRODUCT LIABILITY OR STRICT LIABILITY OR OTHER THEORY, OR OTHER CAUSE OF ACTION AT LAW, IN EQUITY, BY STATUTE OR OTHERWISE, FOR LOSS OF USE, PROFITS, REVENUES, GOODWILL OR ANTICIPATED SAVINGS OR FOR ANY INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES (INCLUDING WITHOUT LIMITATION ANY LOSS OF DATA, SERVICE INTERRUPTION, COMPUTER, MOBILE PHONE OR MOBILE DEVICE FAILURE) ARISING OUT OF OR IN CONNECTION WITH THE USE OR INABILITY TO USE THE SERVICES, INCLUDING, WITHOUT LIMITATION, ANY DAMAGES RESULTING THEREFROM, EVEN IF VNG HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

10.2 YOUR ONLY RIGHT WITH RESPECT TO ANY PROBLEMS OR DISSATISFACTION WITH THE SERVICES IS TO TERMINATE YOUR ACCOUNT AND DISCONTINUE ANY USE OF THE SERVICES.

10.3 IF, NOTWITHSTANDING THE PREVIOUS SECTIONS, VNG IS FOUND BY A COURT OF COMPETENT JURISDICTION TO BE LIABLE (INCLUDING FOR GROSS NEGLIGENCE), ITS LIABILITY TO YOU OR TO ANY THIRD PARTY IS LIMITED TO SGD 100 (ONE HUNDRED SINGAPORE DOLLARS).

10.4 NOTHING IN THESE TERMS OF SERVICE SHALL LIMIT OR EXCLUDE ANY LIABILITY FOR DEATH OR PERSONAL INJURY CAUSED BY VNG'S NEGLIGENCE, FOR FRAUD OR FOR ANY OTHER LIABILITY THAT CANNOT BE LAWFULLY LIMITED AND/OR EXCLUDED.

11Links to Third Party Sites

11.1 Any links provided through the Services will let you leave the Sites or Games. These links are provided as a courtesy only, and the sites they link to are not under the control of VNG in any manner whatsoever and you therefore access them at your own risk. VNG is in no manner responsible for the contents of any such linked site or any link contained within a linked site, including any changes or updates to such sites.

12Copyright Infringement

12.1 If you believe that your work (as included on the Services) has been copied, displayed, or distributed in a way that constitutes copyright infringement, please notify us. A notification of claimed infringement must be a written communication and must include substantially all of the following:

a physical or electronic signature of a person authorized to act on behalf of the owner of the copyright interest that is allegedly infringed;
a description of such copyrighted work(s) and an identification of what material in such work(s) is claimed to be infringed;
a description of the exact name of the infringing work and the location of the infringing work on the Services;
information sufficient to permit VNG to contact you, such as your physical address, telephone number and email address;
a statement by you that you have a good faith belief that the use of the material identified in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
a statement by you that the information in the notification is accurate and, under penalty of perjury, that you are authorized to act on the copyright owner's behalf.

13Suspension and Termination

13.1 VNG MAY LIMIT, SUSPEND, OR TERMINATE YOUR USE OF THE SERVICES AND/OR GAME ACCOUNT IF WE HAVE A REASONABLE BELIEF THAT YOU FAIL TO COMPLY WITH ANY PORTION OF THESE TERMS OF SERVICE.

13.2 VNG reserves the right to stop providing or supporting any part of the Services or a particular Game at any time either permanently or temporarily, at which point your license to use the Services or a part thereof will be automatically terminated or suspended. In such an event, VNG is not required to provide refunds, benefits or other compensation to users in connection with such discontinued elements of the Services.

14Your Representations and Warranties

14.1 You represent and warrant that:

you possess the legal capacity (and in the case of a minor, valid parent or legal guardian consent), right and ability to enter into these Terms of Service and to comply with its terms;
you will use the Services for lawful purposes only and in accordance with these Terms of Service and all applicable laws, rules, codes, directives, guidelines, policies and regulations; and
you will only use the Services on a machine or device on which such use is authorized by the machine's or device's owner.

15Indemnity

15.1 You agree to indemnify, defend and hold harmless VNG, and its shareholders, subsidiaries, affiliates, officers, agents, licensors, co-branders or other partners, and employees (collectively, the "Indemnified Parties"), at your expense, from and against any and all claims, actions, proceedings, and suits and all related liabilities, damages, settlements, penalties, fines, costs and expenses (including, without limitation, reasonable legal fees and other dispute resolution expenses) incurred by any Indemnified Party arising out of or relating to (a) the hosting, operation, management and/or administration of the Services by or on behalf of VNG, (b) your violation or breach of any term of these Terms of Service or any policy or guidelines referenced herein, (c) your use or misuse of the Services, or (d) your breach of any law or the rights of a third party.

16Governing Law and Dispute Resolution

16.1 If any provision of these Terms of Service shall be deemed unlawful, void, or for any reason unenforceable under the law of any jurisdiction, then that provision shall be deemed severable from these terms and conditions and shall not affect the validity and enforceability of any remaining provisions.

16.2 These Terms of Service shall be governed by and construed in accordance with the laws of the Republic of Singapore without regard to its conflict of law rules. Any dispute, controversy, claim or difference of any kind whatsoever arising out of or relating to these Terms of Service against or relating to VNG or any Indemnified Party under these Terms of Service shall be referred to and finally resolved by arbitration in Singapore in accordance with the Arbitration Rules of the Singapore International Arbitration Centre ("SIAC Rules") for the time being in force. There will be one (1) arbitrator and the language of the arbitration shall be English.

17General Provisions

17.1 VNG reserves all rights not expressly granted herein.

17.2 VNG may modify these Terms of Service at any time by posting the revised Terms of Service on the Sites. Your continued use of the Services after such changes have been posted shall constitute your acceptance of such revised Terms of Service.

17.3 You may not assign, sublicense or transfer any rights granted to you hereunder or subcontract any of your obligations.

17.4 Nothing in these Terms of Service shall constitute a partnership, joint venture or principal-agent relationship between you and VNG, nor does it authorize you to incur any costs or liabilities on VNG's behalf.

17.5 The failure of VNG at any time or times to require performance of any provision hereof shall in no manner affect its right at a later time to enforce the same unless the same is waived in writing.

17.6 These Terms of Service are solely for your and our benefit and are not for the benefit of any other person or entity, except for VNG's affiliates and subsidiaries (and each of VNG's and its affiliates' and subsidiaries' respective successors and assigns).

17.7 The terms set forth in these Terms of Service and any agreements and policies included or referred to in these Terms of Service constitute the entire agreement and understanding of the parties with respect to the Services and supersede any previous agreement or understanding between the parties in relation to such subject matter.