Terms of Service
Summary
This summary is for convenience only. It is not part of the agreement and does not replace the full text below.
- The Game is free to download. Some items, features and the Golden Status subscription are paid.
- You need an account to play. The account stays ours; you get a right to use it.
- Virtual currency and virtual items are a licence to use them inside the Game. You do not own them and they have no value outside the Game.
- The Game has clans and communication features. Section 15 sets out what you may and may not post, and section 16 explains how to report content and how decisions can be appealed.
- Some paid items contain random rewards. The chances are shown in the Game before you buy.
- If you are a consumer in the EU or the UK, you have a 14-day right to cancel most purchases. Section 12 explains how it works and when it ends.
- We can change and update the Game, but section 7 limits when and how, and gives you a way out if a change materially affects you.
- If we take action against your account or your content, sections 14 and 16 tell you how to challenge it.
1. Who we are and what these Terms cover
In these Terms of Service (the "Terms"), "we", "us" and "our" mean Vistrex Limited, which is the legal owner and/or operator of the Game. "You" means the person who downloads, installs, accesses or plays the Game.
"Game" means the mobile game Dawn of Zombies: Survival Game, including the software, the online services that support it, and all updates, content and features we make available as part of it.
These Terms form a binding agreement between you and us. They govern your account, your use of the Game as an online service, your purchases, the content you post, and your conduct while playing.
2. Documents forming part of these Terms
The following form part of these Terms and are incorporated by reference:
(a) our Privacy Policy;
(b) our Parent’s Guide;
(c) any in-Game rules, disclosures or additional terms that we present to you and that are expressed to form part of these Terms.
If there is any inconsistency, these Terms prevail, except in relation to personal data, where the Privacy Policy prevails.
3. Platform terms and your licence to use the Game
3.1The Game is distributed through the Apple App Store and Google Play (each a "Platform"). Your licence to install and use the Game software on your device is granted through the relevant Platform:
- if you obtained the Game from the Apple App Store, that licence is granted under Apple's Licensed Application End User License Agreement (the Standard EULA), which is available from Apple. We are the Application Provider under that agreement; Apple is not a party to it;
- if you obtained the Game from Google Play, that licence is granted under section 5.3 of the Google Play Developer Distribution Agreement, as supplemented by the additional restrictions in section 3.3 below.
3.2These Terms govern the online service, your account, your purchases, your content and your conduct. The Platform terms govern the installation and use of the Game software on your device, and your relationship with the Platform operator.
In the event of a conflict between these Terms and the applicable Platform terms in relation to the installation or use of the Game software on your device, the Platform terms prevail. In all other respects these Terms apply.
Your relationship with the Platform operator is separate from your relationship with us, and nothing in these Terms alters your rights against the Platform operator.
3.3Whether or not the applicable Platform terms already say so, you must not:
(a) copy, modify, adapt, translate or create derivative works of the Game, except as permitted by these Terms or by applicable law;
(b) reverse engineer, decompile, disassemble or otherwise attempt to derive the source code of the Game, except to the extent that this restriction cannot be excluded under applicable law. In particular, nothing in these Terms restricts any right you may have under Article 6 of Directive 2009/24/EC to decompile the Game where necessary to achieve interoperability with an independently created program, or under equivalent provisions of national law;
(c) use, distribute or promote cheats, bots, macros, automation tools, modified clients, memory editors or any other software or technique that gives you or another player an advantage not intended by the design of the Game, or that interferes with its normal operation;
(d) circumvent, disable or interfere with any security, anti-cheat, digital rights management or payment mechanism in the Game, or obtain virtual currency or virtual items other than through the methods we make available;
(e) access the Game through an emulator, virtual machine or unauthorised client where we have indicated that this is not supported, or access our servers by any means other than the Game client;
(f) use the Game for any commercial purpose, including the sale, rental or brokerage of accounts, virtual currency or virtual items, or the provision of boosting or account-levelling services; or
(g) use the Game in connection with any gambling, betting or wagering activity.
3.4If we make the Game available through any channel where no Platform licence is granted to you, we grant you a personal, non-exclusive, non-transferable, revocable licence to install and use one copy of the Game on a device that you own or control, for your personal, non-commercial use, subject to the restrictions in section 3.3.
4. Age and capacity
4.1 Minimum age
The Game contains mature themes and includes features that allow players to communicate with each other.
You may play only if you are at least the higher of:
(a) the minimum age at which, under the law of the country in which you are resident, you may enter into these Terms, use an online service of this kind, and consent to the processing of your personal data; and
(b) any minimum age indicated by the rating displayed for the Game in the store from which you obtained it.
If you are at or above that age but below the age of majority in your country of residence, you may play only with the consent of a parent or legal guardian, who accepts these Terms on your behalf and takes responsibility for your use of the Game.
We may restrict particular features, including communication features, by reference to age, and where a Platform makes an age signal available to us, we may use it for that purpose and to confirm that you meet the minimum age.
4.2 If you are a parent or guardian
If you allow a person in your care to play, you accept these Terms on their behalf and you are responsible for their activity in the Game, including any purchases made from your account or device, and including content they post.
We recommend that you:
(a) turn on the parental controls in your device operating system and in the Platform, which allow you to require authentication for every purchase, to disable in-app purchases entirely, and to set spending limits;
(b) do not save payment details on a device a child uses without authentication; and
(c) read our Parents Guide, which explains what the Game contains, what can be bought in it, and how to control spending.
4.3 Purchases made by a person without capacity
If a purchase was made by a person without the required capacity, or without the consent of their parent or guardian, please contact us at support@dozsurvival.com. Because purchases are processed by the Platform, we will either handle the request ourselves or direct you to the Platform's refund process and help you use it. We will deal with such requests fairly and will not require you to establish more than is reasonable in the circumstances.
5. Your account
5.1You access the Game through your Apple or Google account, and we create and maintain a game profile on our servers that is linked to it. In these Terms, "Account" means that game profile. It does not mean your Apple or Google account.
5.2The credentials used to sign in belong to the Platform and are governed by the Platform's own terms. We do not receive them, do not hold them, and have no means of changing or resetting them.
You are responsible for keeping your device and your Platform account secure. Anyone who obtains access to either will also be able to access your Account. If you believe that has happened, contact the Platform — only you can secure or recover the Platform account itself.
We are not responsible for loss caused by your failure to keep your device or your Platform account secure, or by a compromise of the Platform's own systems. This does not limit our liability where unauthorised access resulted from our own failure.
If you lose access to your Account, contact us at support@dozsurvival.com. We will restore access where we can reasonably satisfy ourselves that the Account is yours, and we may ask for information allowing us to confirm this, such as the identifier of the linked Platform account, the approximate date the Account was created, and receipts for purchases. We may decline where we cannot confirm it; this protects players against account theft.
5.3The Account is a means of accessing the Game. It remains ours. You have a personal right to use it for as long as these Terms are in force.
You may not sell, rent, gift, share, transfer or otherwise dispose of your account, and you may not acquire an account from anyone other than us. Any purported transfer is void, and we may close an account that has been transferred or offered for transfer.
5.4If the Game allows you to choose a display name, you must not choose one that is unlawful, offensive, impersonates another person, infringes a third party's rights, or is designed to impersonate us or our staff. We may change a display name that breaches this section, and will tell you when we do.
5.5If you do not access your Account for 12 consecutive months, we may close it and delete the associated data. Where you have enabled notifications for the Game, we will send a push notification at least 30 days before we do so. Opening the Game at any time resets the period.
We will not charge any fee, and we will not require you to make a purchase, to keep your Account open.
5.6You may close your account at any time through the in-Game settings or by contacting support@dozsurvival.com. Closure takes effect once we have processed your request.
When your account is closed, your progress, virtual currency and virtual items are lost and cannot be restored. Any active subscription continues until the end of the period already paid for, unless you cancel it separately through the Platform, and is not renewed. Closing your account does not by itself entitle you to a refund, but it does not affect any refund or withdrawal right you already have under section 12 or 13, or under applicable law.
6. Changes to these Terms
We may change these Terms where there is a valid reason to do so, including:
(a) a change in applicable law, regulation, or a decision or guidance of a court or competent authority;
(b) a change in the requirements of a Platform or of another provider whose services are necessary to operate the Game;
(c) the introduction of a new feature or service, or the withdrawal of an existing one;
(d) a change in our corporate structure, or in the services or technology we use to operate the Game;
(e) improvements to security, to content moderation, or measures to prevent fraud or abuse; or
(f) correction of errors, ambiguities or inconsistencies in these Terms.
The change applies from your next session in the Game, and you will have 7 days from that session to reject it in accordance with the paragraph below.
If you do not accept the change, you may reject it by closing your account before the change takes effect. If you continue to play after the change takes effect, the changed Terms apply to you.
Changes required by law or necessary for security may take effect immediately.
7. The Game: availability, updates and changes
7.1We will use reasonable skill and care to keep the Game available, but we do not guarantee that it will be available without interruption. Access may be suspended for maintenance, updates, or technical or security reasons. Where an interruption is planned and material, we will give advance notice in the Game or through our usual channels, unless the circumstances do not permit it.
7.2We will supply the updates, including security updates, that are necessary to keep the Game in conformity with these Terms, for the period that you can reasonably expect given the type and purpose of the Game.
Some updates are required in order to continue playing. If you choose not to install an update that we have made available and informed you about, the Game or parts of it may stop working, and we are not responsible for the consequences of that choice, provided that the update was supplied correctly and that we explained the consequences of not installing it.
7.3The Game is a live service. Beyond what is necessary to keep it in conformity, we may change it, including by adding, altering, rebalancing, replacing or removing features, content, virtual items, prices of future purchases, seasons, events and game mechanics, where:
(a) these Terms permit us to do so, which they do; and
(b) we have a valid reason, such as adapting the Game to a new technical environment, responding to an increased or reduced number of players, addressing a balance or exploit problem, complying with law, or other reasons of a similar nature.
Nothing in this section limits your rights under section 12 or 13, or under applicable law.
8. End of service
If we decide to stop operating the Game, we will:
(a) give you at least 30 days' notice, by a notice displayed in the Game and on our website;
(b) stop selling virtual currency, virtual items and new subscriptions from the date of that notice, and stop renewing existing subscriptions;
(c) keep the Game available for the notice period so that you have the opportunity to use virtual currency and virtual items you have already acquired; and
(d) refund the unused portion of any subscription period you have already paid for.
Where mandatory law requires us to do more, we will do so. Where we are prevented from giving the full notice period by circumstances beyond our reasonable control, we will give as much notice as we can and will refund virtual currency purchased and not spent, calculated by reference to the price you paid for it.
9. Purchases, virtual currency and virtual items
9.1The Game offers virtual currency and virtual items. When you acquire virtual currency or a virtual item, you receive a personal, non-exclusive, non-transferable, revocable licence to use it within the Game, for as long as we operate the Game and your account remains open.
You do not acquire ownership of the virtual currency or the virtual item, and you acquire no rights in the underlying software or content. Virtual currency and virtual items:
(a) have no monetary value and are not legal tender, electronic money, a payment instrument or a store of value;
(b) cannot be redeemed for money or exchanged for anything of value outside the Game; and
(c) cannot be sold, transferred or traded outside the Game. Trading and gifting inside the Game are permitted only where and to the extent that the Game itself provides for them.
9.2Purchases made inside the Game are processed by the Platform through which you obtained the Game. The Platform, and not us, is the seller or the seller's agent for those purchases, collects payment, and operates its own refund process. Your rights in respect of payment and refunds may therefore be exercised against the Platform as well as against us, as described in section 13.
9.3Virtual currency and virtual items are subject to these Terms regardless of the authorised channel through which they were acquired. If you acquired anything through an online store operated by a third party, the contract of sale was concluded with the operator of that store, and questions of payment, invoicing and refund are governed by that operator's terms. These Terms govern the use of what you acquired within the Game, including sections 9.1, 9.5, 8 and 14.
9.4Before you confirm a purchase we will show you the total price in your local currency, inclusive of applicable taxes, together with what you will receive.
Where a price is expressed in virtual currency, we will show you what you need to buy in order to make that purchase and what it costs in your local currency, so that you can see the real cost before you commit.
9.5We may set reasonable limits on the amount of virtual currency or the number of virtual items that may be purchased or held, for example to prevent fraud or to comply with law. Where we offer spending limit tools, we will tell you how to use them.
We will not change the balance of virtual currency in your account, or remove virtual items you have lawfully acquired, other than:
(a) where you have spent or used them;
(b) where they were obtained in breach of section 3.3 or section 14, in which case section 14.3 applies;
(c) as a result of a correction of a technical error, where we will explain what happened and put you back in the position you would have been in;
(d) on closure of your account under section 5.6 or section 21; or
(e) where we are required to do so by law.
Changes to the way virtual items function within the Game are governed by section 7.3.
10. Paid random items
Some paid items, including containers and cases, contain rewards determined at random.
Before you buy such an item, we will display the probability of obtaining each category of reward, or each reward, expressed as a percentage. That disclosure is made in the Game at the point of purchase and is accurate for the offer to which it relates.
Paid random items may not be available in every country, and we may withdraw them in a given country where required by law.
11. Subscription
11.1The Game offers a subscription that gives access to benefits for a recurring period. Before you subscribe we will tell you what it includes, the price, the length of the billing period, when the first payment is taken, and when it renews.
11.2The subscription renews automatically at the end of each billing period, at the price then in effect, and payment is taken through the Platform, until you cancel. This is made clear to you before you subscribe.
11.3You may cancel at any time through the subscription settings of the Platform account you used to subscribe — in the Apple App Store or in Google Play. Cancellation must be made at least 24 hours before the end of the current billing period to stop the next renewal; this is a requirement of the Platforms, not of ours.
We cannot cancel a Platform subscription on your behalf, but if you have difficulty we will help you find the right setting. Contact support@dozsurvival.com.
If you subscribed through a store operated by a third party, cancellation is made through that operator, under its terms.
11.4Cancellation takes effect at the end of the billing period already paid for. You keep the benefits until then. After that, subscription benefits stop, and any content or advantage that depended on an active subscription becomes unavailable. Virtual currency and virtual items you acquired while subscribed remain in your account unless they were expressly stated to be available only while the subscription is active.
11.5Where we offer a free trial, we will tell you how long it lasts and what you will be charged when it ends. Unless you cancel before the end of the trial, the subscription starts and the first payment is taken.
11.6We may change the price of the subscription for future billing periods. We will notify you in advance in accordance with section 6 and with the rules of the Platform. A price increase takes effect only after you have been notified and, where the Platform or applicable law requires it, only after you have agreed to it. If you do not agree, you may cancel before the increase takes effect.
12. Right of withdrawal (consumers in the EU and the UK)
12.1If you are a consumer resident in the European Union, the European Economic Area or the United Kingdom, you have the right to withdraw from a purchase within 14 days, without giving a reason. The period runs from the day the contract is concluded.
12.2The right of withdrawal applies in full to purchases of virtual currency that you have not yet spent. Unspent virtual currency may be returned within the 14-day period and we will refund what you paid for it. Where you have spent part of the virtual currency, we will refund the portion that remains unspent.
12.3For purchases of digital content that is supplied immediately the right of withdrawal is lost once supply has begun, but only if, before supply began:
(a) you gave your express prior consent to supply beginning during the 14-day period; and
(b) you acknowledged that you would thereby lose your right of withdrawal.
12.4The 14-day right applies to the initial subscription purchase on the same basis as set out in section 12.3. If you withdraw after benefits have begun to be supplied with your consent, we may deduct an amount proportionate to what has been supplied up to the point you told us you were withdrawing.
12.5To withdraw, tell us clearly, by email to support@dozsurvival.com. You may also use the refund process of the Platform through which you purchased.
13. Refunds outside the right of withdrawal
Separately from the right of withdrawal, purchases made inside the Game are subject to the refund policy of the Platform that processed the payment, and requests may be made directly to the Platform. Purchases made through a store operated by a third party are subject to that operator's refund policy.
We may also, at our discretion, grant a refund or restore lost content where we are not obliged to. This is a voluntary practice. It does not create an entitlement, and it does not limit, replace or condition your rights under section 12, under the legal guarantee in section 18, or under any other mandatory provision of applicable law.
14. Rules of play and what we do about breaches
14.1You must not use the Game in breach of section 3.3, exploit bugs or errors for advantage instead of reporting them, use the Game unlawfully, harass or abuse other players or our staff, or attempt to obtain access to another player's account.
Rules about what you may post and send to other players are in section 15.
14.2If you breach these Terms, we may take one or more of the following measures, according to the seriousness and persistence of the breach and its effect on other players:
(a) issue a warning;
(b) remove or disable access to content you have posted;
(c) remove or reverse an advantage obtained in breach of these Terms;
(d) restrict access to particular features, including communication features;
(e) suspend your account temporarily;
(f) close your account permanently.
We will choose the least restrictive measure capable of addressing the breach. Permanent closure is reserved for serious breaches, for repeated breaches after warning, or for conduct that is unlawful.
14.3Virtual currency and virtual items obtained in breach of these Terms may be removed without compensation.
14.4We will inform you of any measure under section 14.2, and of the reasons for it, by a notice displayed in the Game, including on the screen shown to you where access to the Game or to a feature is restricted or suspended. This does not apply where we are prevented from informing you by law. Where the measure concerns content, section 16.3 also applies.
You may challenge the decision by writing to support@dozsurvival.com within 14 days. We will review the decision, and the review will not be carried out solely by the automated system that produced the original decision. We will respond within 30 days. If the measure was wrong, we will reverse it and restore what was affected, so far as we are able.
15. Content and communication
15.1The Game includes clans, alliances and features that allow you to send messages and other content to other players. "Your Content" means anything you post, send, upload or display through the Game, including messages, display names, clan names, descriptions and emblems.
You remain responsible for Your Content. We do not pre-screen it, and we are not obliged to monitor it.
15.2Your Content must not:
(a) be unlawful, or promote, facilitate or incite unlawful activity;
(b) be threatening, abusive, harassing, or designed to intimidate or humiliate another person;
(c) incite hatred or violence against a person or group, or attack a person or group on the basis of race, ethnic origin, nationality, religion, disability, sex, sexual orientation, gender identity or age;
(d) be sexually explicit, or sexualise a minor in any way;
(e) depict or glorify terrorism, extreme violence, self-harm or suicide;
(f) disclose another person's private information, or impersonate another person, our staff, or a public authority;
(g) infringe the intellectual property rights, privacy rights or other rights of any person;
(h) contain malware, phishing links or links to fraudulent services;
(i) advertise or promote goods or services, including the sale or exchange of accounts, virtual currency or virtual items outside the Game; or
(j) be spam, or otherwise disrupt the experience of other players.
15.3You keep any rights you hold in Your Content. You grant us a worldwide, non-exclusive, royalty-free, sublicensable licence to host, store, reproduce, display, adapt and communicate Your Content for the purposes of operating, moderating and promoting the Game.
So far as permitted by law, you agree not to assert moral rights against us in relation to such use. Where moral rights cannot be waived, we will use Your Content in a way that respects them.
The licence ends when Your Content is deleted, except where it has already been shared with other players who have not deleted it, where we must keep a copy to comply with a legal obligation or to handle a complaint, or where it exists in routine backups.
15.4If you send us feedback, suggestions, bug reports or other material, you grant us a worldwide, non-exclusive, royalty-free, sublicensable licence to use, reproduce, adapt and publish that material for the purposes of operating, improving and promoting the Game and our other games. You confirm that you have the right to grant that licence.
15.5We may review, moderate, restrict, remove or disable access to Your Content where we consider in good faith that it breaches section 15.2 or applicable law, or where we are required to do so.
We use a combination of automated tools and human review. Where a measure is taken about your content, section 16.3 explains what we will tell you and how you can challenge it.
16. Reporting content, decisions and complaints
16.1You may contact us about anything in this section at support@dozsurvival.com.
16.2Anyone may notify us of content in the Game that they consider illegal. To allow us to act, please include:
(a) an explanation of why you consider the content illegal;
(b) enough information to locate it;
(c) your name and email address, except where the report concerns an offence relating to the sexual abuse or exploitation of children; and
(d) a statement that you believe in good faith that the information in the report is accurate and complete.
We will confirm receipt without undue delay, decide the report in a timely, diligent, non-arbitrary and objective manner, and inform you of our decision and of the remedies available against it. Where we use automated means to process or decide a report, we will say so.
Reports about intellectual property infringement may also be sent to us under section 17.
16.3Where we remove or disable access to content, restrict the visibility of content, suspend or restrict an account, or suspend or terminate the provision of the Game to you, we will give the affected person a clear and specific statement of reasons, unless we are prevented from doing so by law or the content is deceptive commercial content distributed at volume.
The statement will identify what was affected, the ground for the decision, the facts and circumstances relied on, whether automated means were used, and how the decision can be challenged.
16.4If you are affected by a decision under section 16.3, or if you reported content and are unhappy with the outcome, you may complain to us at support@dozsurvival.com for 30 days after being informed of the decision.
We will handle complaints in a timely, non-discriminatory, diligent and non-arbitrary manner, under the supervision of appropriately qualified staff, and not solely by automated means. If the complaint shows that the decision was wrong, we will reverse it without undue delay and restore what was affected, so far as we are able.
16.5We may, after issuing a prior warning, suspend for a reasonable period the provision of the Game to a person who frequently posts manifestly illegal content, and suspend the handling of reports and complaints from a person who frequently submits manifestly unfounded ones. In deciding whether to do so, we will take into account the number and proportion of such items, their gravity, and the person's intention.
16.6The Game may display advertising, including advertising that you choose to watch in exchange for a reward.
We do not control the content of third-party advertising and are not responsible for the products or services advertised, or for the websites and applications that advertisements lead to. Your dealings with an advertiser are between you and that advertiser.
The Game uses third-party services for functions such as analytics, attribution, crash reporting, advertising and payments. Their handling of your data is described in our Privacy Policy.
17. Intellectual property
The Game, and all content and materials in it other than Your Content, are owned by us, licensed to us, or otherwise used by us with permission, and are protected by intellectual property law. Except for the rights expressly granted in these Terms, no rights are granted to you.
Our company name, the name of the Game, and our logos are our trade marks or the trade marks of our licensors and may not be used without permission.
If you believe that content in the Game infringes your rights, write to support@dozsurvival.com with details of the right you rely on, the content concerned, and your contact details. We will investigate.
18. Conformity and warranties
To the fullest extent permitted by law, the Game is provided "as is" and "as available", and we exclude all implied conditions, warranties, representations and other terms.
19. Our liability
NOTHING IN THESE TERMS EXCLUDES OR LIMITS OUR LIABILITY FOR DEATH OR PERSONAL INJURY CAUSED BY OUR NEGLIGENCE, FOR FRAUD OR FRAUDULENT MISREPRESENTATION, FOR GROSS NEGLIGENCE OR WILFUL MISCONDUCT, OR FOR ANY OTHER LIABILITY THAT CANNOT LAWFULLY BE EXCLUDED OR LIMITED.
WE ARE NOT LIABLE FOR LOSS OF PROFIT, LOSS OF BUSINESS, BUSINESS INTERRUPTION, LOSS OF ANTICIPATED SAVINGS, LOSS OF DATA, LOSS OF GOODWILL, OR ANY INDIRECT OR CONSEQUENTIAL LOSS. OUR TOTAL LIABILITY IN CONNECTION WITH THESE TERMS IS LIMITED TO THE TOTAL AMOUNT YOU PAID US IN THE 12 MONTHS BEFORE THE EVENT GIVING RISE TO THE CLAIM, AND EUR 100, WHICHEVER IS LESS.
WE ARE NOT RESPONSIBLE FOR CONTENT POSTED BY OTHER PLAYERS, EXCEPT WHERE WE FAIL TO ACT ON A REPORT IN ACCORDANCE WITH SECTION 16.
YOU WILL INDEMNIFY US AGAINST ANY CLAIM BROUGHT BY A THIRD PARTY ARISING OUT OF YOUR CONTENT OR OUT OF YOUR BREACH OF SECTION 15.2, TOGETHER WITH REASONABLE LEGAL COSTS. YOU ARE RESPONSIBLE FOR LOSS WE SUFFER AS A RESULT OF YOUR INTENTIONAL OR NEGLIGENT BREACH OF SECTION 15.2, IN ACCORDANCE WITH APPLICABLE LAW.
20. Sanctions and export control
You confirm that you are not located in, and are not a national of or ordinarily resident in, a country or territory subject to comprehensive trade sanctions or embargo imposed by the European Union, the United Kingdom, the United States or the United Nations, and that you are not a person or entity designated on any sanctions or restricted party list maintained by any of those authorities or by the Republic of Cyprus.
You must not use the Game in breach of any applicable sanctions or export control law. We may restrict or terminate access where necessary to comply with such law, or where we reasonably suspect a breach.
21. Term and termination
These Terms apply from the moment you first accept them and continue until your account is closed.
You may terminate at any time by closing your account under section 5.6.
We may terminate these Terms and close your account:
(a) on the grounds and by the process set out in section 14;
(b) on 30 days' notice, if we cease to operate the Game, subject to section 8;
(c) immediately, where required to do so by law or by an order of a competent authority.
Sections 9.1, 15.3, 15.4, 17, 19, 22 and 23 survive termination, together with any other provision that by its nature is intended to survive.
22. Governing law and disputes
22.1These Terms and any dispute or claim arising out of or in connection with them are governed by the laws of the Republic of Cyprus.
22.2Before starting proceedings, please contact us at support@dozsurvival.com. Most issues are resolved that way. Complaints about content decisions go through section 16.4.
22.3To the extent permitted by the law applicable to you, you and we agree that any dispute will be brought only in an individual capacity, and not as a claimant or class member in any purported class, collective, consolidated or representative proceeding, and that no adjudicator may consolidate the claims of more than one person or preside over any form of representative proceeding.
This section does not apply where, and to the extent that, the law of the country in which you are habitually resident does not permit such an agreement. In particular, it does not affect any right of a qualified entity to bring a representative action on behalf of consumers under Directive (EU) 2020/1828 or under the national law implementing it, and it does not affect the powers of any public authority.
If this section is held to be unenforceable in whole or in part, the remainder of section 22 continues to apply.
23. General
Severability. If any provision of these Terms is held invalid or unenforceable, the remaining provisions continue in full force and effect.
Waiver. If we do not enforce a provision of these Terms, that is not a waiver of it or of any other provision.
Assignment. You may not assign or transfer your rights or obligations under these Terms. We may assign or transfer ours to another entity, for example as part of a corporate transaction. We will notify you if we do, and the assignment will not reduce your rights. If you do not accept it, you may close your account and section 6 applies as if the assignment were a change to these Terms.
Third parties. Except as stated in section 3, these Terms are between you and us, and no other person has any right to enforce them.
Force majeure. We are not liable for a failure to perform caused by an event beyond our reasonable control, provided we take reasonable steps to mitigate its effects and resume performance. This does not affect your right to terminate, or your rights under sections 12, 13 and 18.
Language. These Terms are drafted in English. Where we make a translation available, the English version prevails in the event of any inconsistency, except where mandatory provisions of applicable law provide otherwise.
Notices. The notices from us are given by a notice displayed in the Game and, where the notice concerns the Game as a whole, also published on our website. You should send notices to support@dozsurvival.com or to our registered office.