Term of Use
Date of last update: Jan. 10, 2010
GENERAL INFORMATION
Welcome to hyzogames.com (“Hyzogame", "Hyzogames", Game", "Games", "Site", "Portal",, "Service", "Services"), a web portal for joining and playing free games to win prizes as a "Member", "User", "you" or "Player".
By browsing, accessing, using, registering or playing at www.hyzogames.com, you signify that you read, understand and agree to be bound by these “Terms of Use” (“terms” or “agreement”).
We reserve the right, at our sole discretion, to amend, change, modify, add or remove some or all parts of this agreement or any guidelines at any time without notice to you by posting a revised version on Hyzogames.com. The revised version will be effective at the time we post it and it is your responsibility to check them regularly or whenever you visit us to review such amendments. We last modified this agreement on the date stated above. Your continued use of hyzogames.com after any such amendments constitutes your acceptance of the new Terms of Use. If you do not agree to abide by these or any future terms do not use or access (or continue to use or access) the services of hyzogames.com When using hyzogames.com, you will also be subject to the Privacy Policy and additional policies or rules applicable to specific services and features on Hyzogames.com, which may be posted by us from time to time. These Terms of Use and future modifications govern your access and use of the Hyzogames.com and is a legal contract between You and Hyzogames.com.
1.1 Terms and Conditions BindingThe Terms and Conditions and all other obligations and rules detailed in writing on the Site (collectively, the "Terms of Use") are by and between hyzogames.com (each, "the Site," "us," or "we") and everyone who uses the Site (each, "you", "user", "member" or "player"). By using the Site, creating an account, and/or participating in any contest or service offered on the Site, you accept and agree to be bound by all terms, conditions and notices contained or referenced on the Site, including the most current version of the Terms and Conditions. The Site may modify the Terms and Conditions at any time. Your continued use of the Site following such modifications signifies your acceptance of those modifications. You are responsible for reviewing the Terms of Use periodically for any such modifications.
The Terms of Use constitute the entire agreement between you and us pertaining to the subject matter hereof and supersedes all prior or other arrangements, understandings, negotiations and discussions, whether oral or written. No waiver of any of the provisions of the Terms of Use shall be deemed or shall constitute a waiver of any other provisions hereof (whether or not similar), nor shall waiver constitute a continuing waiver unless otherwise expressly provided.
If any provision of the Terms of Use is found to be invalid or unenforceable by a court of competent jurisdiction, such provision shall be severed from the remainder of the Terms of Use, which will otherwise remain in full force and effect.
1.2 Governing Law and Disputes
The Terms of Use will be governed and construed in accordance with the laws of the Dubai, United Arab Emirates, irrespective of any principles of conflicts of law.
By registering for an account and/or participating in any contest, raffle, sweepstake, giveaways, coupon or any other kind of prizes and drawings offered on the Site, you agree that any dispute that cannot be resolved between the parties shall be resolved individually, without resort to any form of class action. You further agree that any legal action arising from any dispute shall proceed only in the courts of Dubai, or as otherwise determined by us, and you hereby submit to personal jurisdiction and venue in such courts for the purposes of litigating any such action.
1.3 Entire Agreement
The Terms of Use constitute the entire agreement between you and the Site and cannot be modified by you. The Terms of Use cannot be modified on an individual basis by any person affiliated, or claiming affiliation, with the Site. Nothing in this subsection will prevent the Site from modifying the terms of the Terms of Use and posting such modifications on the Site.
1.4 Severability
If any portion of the Terms of Use is deemed void or unenforceable, then that provision shall be deemed severable from the Terms of Use and shall not affect the validity and enforceability of the remaining provisions.
CONDITIONS AND OBLIGATIONS
2.1 Eligibility
To be eligible to register and open an account and/or participate in any contest, raffle, sweepstake, giveaways, coupon or any other kind of prizes and drawings offered on the Site, you must: (a) be a natural person at least 13 years of age or older, who is assigned to the e-mail address submitted on your account registration form; (b) be a legal resident of the MENA region with a valid address and currently residing at the address in an eligible location; (c) be physically located within the MENA; (d) be physically located in MENA in which participation in any contest, raffle, sweepstake, giveaways, coupon or any other kind of prizes and drawings you select on the Site is unrestricted by law; and (e) at all times abide by the Terms of Use. By using or accessing the Site, you represent and warrant that you have the right, authority, and capacity to enter into this agreement to abide by all the Terms of Use.
2.2 Additional Persons Not Eligible
Notwithstanding Section 2.1, the following persons are ineligible to receive any prize offered on the Site: employees, officers, and directors (and their immediate family members) of the Site, its parent companies, subsidiaries, and affiliates; and any other person with access to non-public information regarding the operation of any contest, raffle, sweepstake, giveaways, coupon or any other kind of prizes and drawings offered on the Site. For purposes of this section, immediate family members include parents, siblings, spouses, children, or any other person permanently residing in the same household with such employee, officer, or director.
2.3 Legality and Taxes
The Site reserves the right (but has no obligation to you) to monitor the location from which you access the Site and to block access from any jurisdiction in which participation or access is illegal or restricted. The Site may require any participant receiving any prize to provide the Site with proof that he or she is, or was at the time the subject of any contest, raffle, sweepstake, giveaways, coupon or any other kind of prizes and drawings was played, eligible to participate according to the Terms of Use. Without limiting any contrary provision of the Terms of Use, if the Site monitors your access or participation on the Site, the Site shall not be liable for the effectiveness of such monitoring. By accessing, using, or downloading in any way any materials on the Site, or merely browsing the Site, or creating an account and/or participating in any contest, raffle, sweepstake, giveaways, coupon or any other kind of prizes and drawings or service offered by or through the Site, you represent and warrant that you are doing so in compliance with the Terms of Use and agree to indemnify and hold harmless the Site for any liability, claims, and damages (including attorneys' fees) arising out of or related to your violation of the Terms of Use.
2.4 Acknowledgment of Proprietary Rights
By registering for an account and/or participating in any contest, raffle, sweepstake, giveaways, coupon or any other kind of prizes and drawings offered on the Site, you acknowledge that all information contained on the Site may be protected, in all forms and media, by one or more valid copyrights, patents, trademarks, trade secrets, or other proprietary rights, and that all such rights are owned by the Site. You may not modify, publish, participate in the transfer or sale of, create derivative works from, or in any way exploit this information, except that you may download one copy for your personal, non-commercial in-home use only, provided you keep intact all copyright and other proprietary notices. The Site neither warrants nor represents that your use of materials displayed on the Site will not infringe rights of third parties. While the Site uses reasonable efforts to include accurate and up-to-date information, the Site makes no warranties or representations as to its accuracy. The Site assumes no liability or responsibility for any errors or omissions in the content of the Site.
Any communication or material you transmit to the Site by electronic mail or otherwise, including any data, questions, comments, suggestions, or the like, are and will be treated as, non-confidential and non-proprietary. Anything you transmit or post may be used by the Site or its affiliates for any purpose, including, but not limited to, reproduction, disclosure, transmission, publication, broadcast, Site promotion, marketing and posting. Furthermore, the Site is free to use any ideas, concepts, know-how or techniques contained in any communication you send to Site for any purpose whatsoever including, but not limited to, developing, manufacturing and marketing products using such information, without any additional compensation or other liability or obligation whatsoever to you.
The trademarks, logos, and service marks (collectively the "Trademarks") displayed on the Site, including the names of all games, are registered and unregistered Trademarks of the Site and/or others. Nothing contained on the Site should be construed as granting, by implication, or otherwise, any license or right to use any Trademark displayed on the Site without the written permission of the Site or such third party that owns the Trademark displayed on the Site. Your misuse of any Trademark displayed on the Site, or any other content on the Site, except as provided in the Terms of Use, is strictly prohibited. You are also advised that the Site will aggressively enforce its rights (including intellectual property rights) to the fullest extent of the law, including but not limited to, the active pursuit of criminal prosecution and/or civil litigation where appropriate.
2.5 Promotional Activities
By registering for an account, you agree that the Site may display your username and your records for any contest, raffle, sweepstake, giveaways, coupon or any other kind of prizes and drawings. By accepting any prize from the Site, you agree to allow the Site to print, publish, broadcast and use, worldwide, in any media and at any time, your name, picture, voice, likeness, and/or biographical information for promotional, marketing or related purposes without additional compensation.
2.6 Submissions
If you send comments, questions or suggestions, including, but not limited to, notes, text, drawings, or computer programs, to the Site, such submissions shall become, and shall remain, the sole property of the Site. No submission shall be subject to any obligation of confidence on the part of the Site. The Site shall exclusively own all rights to, and shall be entitled to unrestricted use of, all such submissions without any compensation to you whatsoever.
2.7 Accuracy of Information
You represent and warrant that all information you supply to the Site is complete, accurate and current. Knowingly submitting incomplete or inaccurate information, or failing to update and maintain current, complete and accurate information, may result, without limitation, in immediate termination of your account and forfeiture of any prizes or winnings.
2.8 Privacy Policy
The Site will not intentionally disclose any personally identifying information about you (including information submitted on the application form) to third parties without your consent except where the Site, in good faith, believes such disclosure is necessary to comply with the law or other contractual provisions of the Site or to enforce the Terms of Use or other rules of the Site. Your acceptance of any prize from the Site constitutes consent for the Site's disclosure of personal information as described in Section 2.5. The Site reserves the right to collect general demographic and other market information that does not personally identify you to any person without additional consent. To view the Site's full privacy policy, click on the following link: Privacy Policy.
2.9 Anti-Spam Policy
The Site is vigorously against the practice commonly referred to as "Spam". Users who are reported and whose claims of "Spam" are validated by the Site, will have their respective accounts either immediately TERMINATED or SUSPENDED, at the sole discretion of the Site. Additionally, any winnings (if any) may be voided at the sole discretion of the Site.
DISCLOSURES
3.1 Odds and Prizes
The results of all tournaments offered on the Site depend on the number of the players participating in such contest, raffle, sweepstake, giveaways, coupon or any other kind of prizes and drawings and the skill of the players.
3.2 Winners Lists
A preliminary list of winners will be posted on the Site up to five (5) business days while verification of the results takes place in order to help prevent potential Abuse.
3.3 Determination of Winners
The results and winners of any contest, raffle, sweepstake, giveaways, coupon or any other kind of prizes and drawings on the Site will be determined by the Site, and such determinations are final. By registering and/or participating in any contest, raffle, sweepstake, giveaways or coupon you agree to be bound by these determinations.
3.4 Prize Rules
Rules for prizes on the Site can be found by clicking on the following link: by clicking on the following link: Prize Rules
LIMITATION OF LIABILITY
4.1 General Disclaimer
BY REGISTERING FOR AN ACCOUNT AND/OR PARTICIPATING IN ANY CONTENT, RAFFLE,SWEEPSTAKE, COUPON OR ANY OTHER KIND OF PRIZES AND DRAWINGS OFFERED ON THE SITE, YOU AGREE THAT: (1) THE SITE IS NOT RESPONSIBLE OR LIABLE FOR ANY DAMAGE, LOSS, OR INJURY RESULTING FROM USE, ACCESS, OR ATTEMPTED USE OR ACCESS OF THE SITE; (2)THE SITE IS NOT LIABLE FOR ANY DAMAGE, LOSS, OR INJURY CAUSED BY DOWNLOADING ANY INFORMATION FROM THE SITE; (3) THE SITE IS NOT LIABLE OR RESPONSIBLE FOR LOSSES DUE TO VIOLATIONS OF THE TERMS AND CONDITIONS BY OTHER PLAYERS; AND (4) THE SITE HAS NO RESPONSIBILITY TO ENFORCE THE TERMS AND CONDITIONS FOR THE BENEFIT OF OTHER PLAYERS. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, YOU AGREE THAT THE SITE IS NOT LIABLE FOR ANY DAMAGE TO YOUR PERSONAL COMPUTER, ANY DAMAGE, LOSS, OR CORRUPTION OF DATA, OR ANY CONSEQUENTIAL OR INCIDENTAL DAMAGES ARISING FROM USE OF THE SITE.
The Site also assumes no responsibility, and shall not be liable for, any damages to, or viruses that may infect, your computer equipment or other property on account of your access to, use of, or browsing in the Site or your downloading of any materials, data, text, images, video or audio from the Site.
In case of a malfunction or disruption of service for which the Site is responsible that prevents you from completing a tournament in which you have begun to participate, the Site will, upon receipt of a refund request and verification of the status of the alleged malfunction or disruption of services, refund the entry fee charged for that unfinished tournament entry only. The Site reserves the right to determine, in its sole discretion, whether it is responsible for any such malfunction or disruption. The Site also reserves the right to limit your tournament play or terminate your account should the Site determine, in its sole discretion, that you have intentionally caused such a malfunction or disruption. The Site is not liable for any potential winnings from any unfinished any contest, raffle, sweepstake, giveaways, coupon or any other kind of prizes and drawings.
4.2 No Warranty
ALL GOODS AND SERVICES PROVIDED ON THE SITE ARE PROVIDED "AS IS", WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. NO PERSON AFFILIATED, OR CLAIMING AFFILIATION, WITH THE SITE HAS AUTHORITY TO EXTEND SUCH WARRANTIES.
4.3 Hacking, Tampering, or Unauthorized Access
By registering for an account and/or participating in any contest, raffle, sweepstake, giveaways, coupon or any other kind of prizes and drawings offered on the Site, you agree that the Site is not responsible for any damage, loss, or injury resulting from hacking, tampering, or other unauthorized access or use of the Site or your account.
Any attempt to gain unauthorized access to the Site's systems or any account, interfere with procedures or performance of the Site, or deliberately damage or undermine the Site is subject to civil and/or criminal prosecution and will result in immediate termination of your account and forfeiture of any prizes to which you are otherwise entitled.
Any attempt to participate in any contest, raffle, sweepstake, giveaways, coupon or any other kind of prizes and drawings offered on the Site by means of automatic, macro, programmed, or similar methods, or to otherwise commit fraud with regard to the Site, will result in active pursuit of civil litigation and/or criminal prosecution, termination of your account, and forfeiture of all prizes to which you might otherwise be entitled.
4.4 Accounts for Individual Use Only
You, as the holder of your account, are solely responsible for all obligations and, assuming compliance with the Terms of Use, are entitled to all benefits accruing thereto. You may not allow any other person to access your account, access the Site, accept any winnings, or participate in any contest, raffle, sweepstake, giveaways, coupon or any other kind of prizes and drawings using your account information. Your account is not transferable to any other person. By registering and/or participating in any contest, raffle, sweepstake, giveaways, coupon or any other kind of prizes and drawings offered on the Site, you agree to indemnify, defend, and hold the Site harmless from or for any claims, liability, damages, and/or costs (including attorneys' fees) arising from any use of your account by any person.
4.5 Account Termination
The Site reserves the right to terminate your account, limit or prohibit your participation in any game, any contest, raffle, sweepstake, giveaways, coupon or any other kind of prizes and drawings, including but not limited to any Abuse by you.
By registering for an account and/or participating in any contest, raffle, sweepstake, giveaways, coupon or any other kind of prizes and drawings offered on the Site, you consent to allow the Site to access your account information to investigate complaints or other allegations of Abuse.
We welcome your feedback on this Terms of Use and thank you for using Hyzogames.com.
