zwooper.com - terms of use and copyright

Please read these Terms of Use carefully before using this website. By using this website (the "Website"), the user ("You") has accepted these Terms of Use. If You do not accept these Terms of Use, please do not use this Website.

Zwooper.com may modify all or any part of these Terms of Use from time to time and may not provide notice to You. You are encouraged to check back often so You are aware of your current responsibilities. Your continued use of this Website after changes to the Terms of Use have been published constitutes your binding acceptance of the updated Terms of Use. If at any time the Terms of Use are no longer acceptable to You, You should immediately cease use of this Website.

Statement of Purpose

This Website is a social website, for the playing of online games and to provide opportunities for the interaction between players. It is free to use, with optional paid-for elements. The social aspect of the Website is designed to build social relations among people who, for example, share interests, activities, backgrounds or real-life connections. The online community aspect of this site consists of a basic profile of each user (user profile), social links, and a fictitious visual representation referred to as your online "Avatar". A history of your online gaming activity is also stored within your profile. Please note that this website is not endorsed by or affiliated with CBS, CBS.com, SEG, their affiliates, sponsors, or the producers of Survivor.

Community Behaviour Rules & Moderation

To foster an open, welcoming, contributory environment you must adhere to the following practices:
• Access to the Zwooper.com website is for those aged 15 or over. If you are under 15 years old and wish to use the Website, please get a parent's or guardian's permission before doing so
• You may not post or link to content that is threatening, abusive, defamatory, libelous, derogatory, violent, harassing, bigoted, hateful, profane, obscene, lewd, lascivious, pornographic or otherwise objectionable, or post or link to content that gives rise to civil or criminal liability, or otherwise violates any applicable law
• You may not intentionally make false or misleading statements
• You may not offer to sell or buy any product or service
• You may not post material that infringes any copyright, trademark, patent, trade secret, right of privacy or right of publicity
• You may not disclose confidential information
• You may not disclose information that you do not lawfully own the rights to, or permission to republish
• You may not post, link to, upload or transmit software or other materials that contain viruses, worms, time bombs, Trojan horses, or other harmful or disruptive components
• You may not restrict or inhibit any other user from using or enjoying this Website, for example, by cracking, spoofing, defacing, hacking or impairing functionality
• You may not post political campaign materials, chain letters, mass mailings or "spam" (unwanted mass messages sent to large groups of recipients, requesting help, votes or gifts, for example)

You are solely responsible for the content You provide. Zwooper.com has the right, but not the duty, to pre-screen, refuse, edit, move or remove any content that violates these Terms of Use or that is unlawful. Zwooper.com may close comments if, in its sole discretion, the comments are no longer on topic or the commenting has devolved to personal attacks. Zwooper.com further has the right to limit or terminate Your registration with, or access to, the Website (which may include termination of access by anyone at your IP address) for breach of these Terms or Use or for conduct that, in Zwooper.com's sole discretion, subjects Zwooper.com to unreasonable legal risk. If a comment is removed, the player concerned will be contacted within 24 hours by a member of the official Zwooper Team, with information on why the comment was removed, and details of what action (if any) has or will be taken against the player. A repeated offence after an intitial warning, may result in the temporary removal of a player's Points reducing them to White Level, with the result that the player is unable to post or comment, and also unable to play Survival, both of which require Purple level or above. Moderation is carried out by various members of the Zwooper Team, as well as by several long standing members of the site who have proven that they are able to make decisions using the same standards as the official Team. Our policy regarding moderation of the chat rooms in Survival games is one of "self moderation" by the players in the game. Any content that a player finds inappropriate may be reported to a member of the Zwooper team with details of the incident and a note of the relevant game number. Appropriate action will then be taken. NB. Members of the Zwooper Team and those helping us in an official capacity will appear offline whilst carrying out their moderation roles.

User Registration

Registration at Zwooper.com is encouraged. If you are registered at Zwooper.com, we will be able to contact you with information that may be relevant to You. Acceptance of Zwooper Ltd Terms & Conditions at the point of registration also confirms your acceptance to be added to the Zwooper Mailing List, intended for the sole purpose of direct contact via regular Newsletter or general mailings. You can unsubscribe from this list from the link at the bottom of any mailing.
You may not select a User Name that impersonates some other person or business, is or may be unlawful, is protected by trademark or other proprietary rights, is vulgar or offensive, or may cause confusion.
You agree not to sell or transfer your use of, or access to this Website or permit anyone else to use your account through your User Name or password. You are responsible for maintaining the confidentiality of your password and account and for all activity that occurs on your account. Zwooper.com reserves the right to reject or remove any User Name that does not meet these requirements or that is used in breach of these Terms of Use. Your User Name cannot be changed once your account has been registered. If you wish to create a new account with a different User Name, please contact us to ensure your existing account is Locked and it should be noted that any designs, points or Chips you have in your old account will be lost. Your choice of gender at the point of registration is used to determine the gender of your Zwooper Avatar. The gender of your Avatar cannot be changed after initial registration unless by closure of your account and the registering of a new one. The clothes and accessories are not inter-changeable, as the designs are uniquely produced to suit the gender of the Avatar chosen. 

Trademarks

The logos and service marks ("Marks") displayed on this Website are the property of Zwooper.com. You may not use Zwooper.com Marks or any confusingly similar mark as a trademark for your product or services, or use the trademark in any other manner that might cause confusion in the marketplace, including but not limited to in advertising, on auction sites, or on software or hardware.

Zwooper.com License to You

Zwooper.com either owns the copyright in the HTML, text, images, audio, video, software or other content that is made available on the Website, has used reasonable efforts to obtain permission of the owner of the copyright to make it available on this Website, or has otherwise determined that the content is available for use on the Website.

Original content on the Website - Restrictions on use of Materials

No part of this website or any of its contents may be reproduced, copied, modified or adapted, without the prior written permission of Zwooper.com.
You may share this website only by providing a back-link or the URL of the page(s) you wish to disseminate. For any other mode of sharing, please contact Zwooper.com using the details on the Contact page.

Use of, or modification and use of any of the Contents for any other purpose other than for their intended purpose within the Zwooper.com website, will be a violation of Zwooper.com's copyright and other intellectual property rights. All graphics and images on this website are protected by copyright and may not be reproduced or appropriated in any manner without written permission of Zwooper.com.

Once purchased using Zwooper.com's online currency (Chips), only non-watermarked and completed Avatar designs may be downloaded and subsequently uploaded by the user as their own personal profile picture on 3rd party websites. The completed Avatar designs can only be downloaded in the manner shown on the Instructions page (link).

Your License to Zwooper.com and Other Users

By displaying, publishing or making available any content, messages, text, files, images, photos or any other materials, You represent and warrant that the content does not and will not defame any person or entity, or violate or infringe upon the copyright, trademark, patent, trade secret, right of privacy, right of publicity, or other right of any person, that the content is available for licensing, and that you expressly waive (to the extent such rights are waivable) all moral rights, droit moral (personal moral rights) or similar rights that, if enforced, would prevent the full use of the works. 

Linked Sites

Any links to other websites and resources are provided for convenience only. The inclusion of any link to a website does not imply agreement with or endorsement by Zwooper.com of the website, the statements on it, or their entities, products or services. Zwooper.com has not reviewed the linked websites and is not responsible for the content or availability of any linked websites. If you decide to access any of the linked third-party websites from this Website, you do this entirely at your own risk. 

Lawful Use Only

Your use of this Website is subject to all applicable local, state, national and international laws and regulations. Any attempt by any person to deliberately damage this Website is a violation of criminal and civil laws. Zwooper.com reserves the right to seek damages from any such person to the fullest extent permitted by law. 

International Issues

Zwooper.com makes no representation that this Website is appropriate or available for use in territories where its contents are illegal or restricted or prohibited. If you choose to access this Website, you do so on your own initiative and are responsible for compliance with applicable local laws. 

Indemnification

Any person submitting content to this Website agrees to defend, indemnify and hold Zwooper.com and its parent, subsidiaries, affiliates, officers, directors, shareholders, predecessors, successors in interest, employees, agents and licensors harmless from and against any and all claims, losses, liabilities and expenses (including legal fees) (i) related to your breach of this Agreement or (ii) related to or arising out of such submitted content, including without limitation claims made by third parties for tort (civil wrong-doings), breach of contract, false advertising, product liability, and patent, copyright or trademark infringement, even if such content is reviewed by Zwooper.com prior to publishing on the Website. 

LIMITATION ON LIABILITY

THIS WEBSITE AND ALL CONTENT, MATERIALS, INFORMATION, SOFTWARE AND SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. YOUR USE OF THIS WEBSITE IS AT YOUR OWN RISK. Zwooper.com IS NOT LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES (INCLUDING, WITHOUT LIMITATION, LOSS OF BUSINESS, REVENUE, PROFITS, GOODWILL, USE, DATA, ELECTRONICALLY TRANSMITTED ORDERS, OR OTHER ECONOMIC ADVANTAGE) ARISING OUT OF OR IN CONNECTION WITH THE WEBSITE, EVEN IF Zwooper.com HAS PREVIOUSLY BEEN ADVISED OF, OR REASONABLY COULD HAVE FORESEEN, THE POSSIBILITY OF SUCH DAMAGES, HOWEVER THEY ARISE, INCLUDING WITHOUT LIMITATION DAMAGES DUE TO (a) THE USE OF OR THE INABILITY TO USE THE WEBSITE; (b) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE WEBSITE, INCLUDING WITHOUT LIMITATION UNAUTHORIZED ACCESS TO OR ALTERATION OF TRANSMISSIONS OR DATA, MALICIOUS OR CRIMINAL BEHAVIOR, OR (d) CONTENT OR INFORMATION YOU MAY DOWNLOAD, USE, MODIFY OR DISTRIBUTE. Zwooper.com MAKES NO WARRANTY THAT, (i) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (ii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE, (iii) THE QUALITY OF ANY PRODUCTS, SERVICES, CONTENT, INFORMATION, OR OTHER MATERIALS OBTAINED BY YOU THROUGH THE SERVICE WILL MEET YOUR EXPECTATIONS, (iv) ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED, OR THAT THIS WEBSITE, ITS CONTENT, AND THE SERVER ON WHICH THE WEBSITE AND CONTENT ARE AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. ANY MATERIAL (INCLUDING CONTENT) DOWNLOADED OR OBTAINED THROUGH THE USE OF THIS WEBSITE IS DONE AT YOUR OWN RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY MATERIAL. INFORMATION CREATED BY THIRD PARTIES THAT YOU MAY ACCESS ON THIS WEBSITE OR THROUGH LINKS IS NOT APPROVED, ADOPTED OR ENDORSED BY Zwooper.com AND REMAINS THE RESPONSIBILITY OF THE THIRD PARTY. 
TO THE EXTENT ANY JURISDICTION DOES NOT ALLOW THE EXCLUSION OR LIMITATION OF DIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES, PORTIONS OF THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY. 

Privacy

See the Privacy Policy here

Waiver and Severability

Zwooper.com's failure to exercise or enforce any right or provision of these Terms of Use shall not constitute a waiver of such right or provision. If one or more of the provisions contained in this Agreement is held invalid, illegal or unenforceable in any respect by any court of competent jurisdiction, such holding will not impair the validity, legality, or enforceability of the remaining provisions. 

No Third Party Beneficiary

These Terms of Use do not confer any third-party beneficiary rights. 

Entire Agreement

These Terms of Use supersede all previous agreements, understandings, and arrangements, whether oral or written, and constitutes the entire agreement between the parties regarding the subject matter herein. 

Language

These Terms of Use are in the English language only, which language shall be controlling in all respects, and all versions of this Agreement in any other language shall be for accommodation only and shall not be binding. 

Section Headings

The section heading of these Terms of Use are for convenience only and have no legal or contractual effect