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Terms and Conditions

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Terms and Conditions

This Terms and Conditions Agreement (this "Agreement") contains the complete terms and conditions that apply to an individual's or entity's use of the Zilliar's software, including All Apps released by Zilliar Inc. ( the "service" collectively including all content provided by Zilliar Inc., through the Zilliar Inc site, and all the "Zilliar" Apps) provided by Zilliar Inc. As used in this Agreement, "We" means Zilliar Inc, "You" means the applicant, "Site" means any means for viewing the links electronically, including, but not limited to World Wide Websites, intranets or extranets,"Content" means the games, text, images, and associated data delivered by Zilliar Inc. as a part of the Service. BY USING THE SERVICE YOU ACKNOWLEDGE AND AGREE TO THESE TERMS OF SERVICE, AND HALLOWGRAM'S PRIVACY POLICY, WHICH CAN BE FOUND AT privacy-policy. If you choose to not agree with any of these terms, you may not use the service

1. Ownership

Use of the product's name is strictly forbidden unless it's used with the express written permission of Zilliar Inc. This Zilliar.com, including its code, documentation, appearance, structure, and organization is an exclusive product of Zilliar Inc. which retains the property rights to the all Zilliar Apps, its software, codes, copies, modifications, or merged parts.

2. Intellectual Property

4.Content Rights

4.1"Content" means the software, communications, images, sounds, and all the material and information perceived or made available from the Services, whether provided by Zilliar Inc. or by users of the Services. Content also includes any feedback, comments, or suggestions you may provide regarding the Services, other Content, or the Site, including any responses provided through user surveys.

4.2. You acknowledge and agree that all Content, including, without limitation, all accounts, images created, and items acquired and developed as a result of app usage, are the sole and exclusive property of Zilliar Inc. and may be used by Zilliar Inc. (and/or its affiliates, publishing partners, distributors, licensors and licensees) for any purpose, including for commercial or promotional use. You agree that you may only upload or otherwise transmit on or through the Services Content that does not infringe the intellectual property rights of any third party, and you represent and warrant that any Content you do transmit will not infringe the intellectual property rights of any third party.

4.3. If you are deemed to have retained, under applicable law, any right, title or interest in or to any portion of the Content, you agree to and hereby do assign solely and exclusively to Zilliar Inc. all of your right, title and interest in and to such Content, without additional consideration, under applicable patent, copyright, trade secret, trademark and other similar laws or rights, in perpetuity. If such assignment is ineffective under applicable law, you hereby grant to Zilliar Inc. the sole and exclusive, irrevocable, sub-licensable, transferable, worldwide, royalty-free license to reproduce, modify, create derivative works from, publish, distribute, sell, transfer, transmit, publicly display, use, and practice such Content, and to incorporate the same in other works in any form, media, or technology now known or later developed. To the extent permitted by applicable laws, you hereby waive any moral rights or rights of publicity or privacy you may have in such Content.

4.4. Zilliar Inc. representatives may monitor certain Content on the Services, but cannot monitor or prescreen all of the Content on the Services, and do not attempt to do so. Zilliar Inc. and its designees have the right, but not the obligation, to edit, refuse to post, or remove any Content posted on any Services that are deemed objectionable or violate these Terms or the spirit of these Terms, in our sole discretion and determination. If you encounter something you find objectionable and in violation of these Terms, you can bring it to our attention by "flagging" it or reporting it via the in-app support system. We do not assume any responsibility or liability for Content that is generated by users of the Services. You bear the entire risk of the completeness, accuracy or usefulness of Content found on the Services.

4.5. You acknowledge and agree that Zilliar Inc. may use built-in tracking features to obtain information regarding your use of the App, and agree that such information is deemed to be Content for all purposes under these Terms.

4.6. Information collected within the consoles including, but not limited to e-mail addresses, physical mailing addresses, app usage patterns, logs & history, cookies and any other form of marketing or analytical data can be used by Zilliar Inc. at it's sole discretion for it's in house marketing efforts.

5.Termination

5.1. We reserve the right to terminate or suspend your account or your access to any or all of the Services at any time, for any reason and we have the right to terminate your account for what is, in our sole discretion and determination, deemed to be a violation or breach of these Terms of Service.

5.2. In the event your account or access to the Services is terminated, suspended or canceled, whether by you or by Zilliar Inc., you will not be entitled to any refund nor will any credits be credited to you or converted to cash or other form of reimbursement, and you will have no further access to your account or anything associated with it . If your account is terminated or suspended by us, we also have the right to terminate or suspend any of your other accounts.

6.The Services are Available "AS-IS"

The Services are provided on an "AS IS" and "AS AVAILABLE" basis and we do not warrant that the Services will be uninterrupted or error-free, that defects will be corrected, or that the Services will be free of viruses or other harmful components. WE EXPRESSLY DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION THE WARRANTIES OF MERCHANTABILITY OR FITNESS FOR ANY PARTICULAR PURPOSE OR USE AND NON-INFRINGEMENT. Your access and use of the Services is at your own risk. We cannot assume responsibility for any damages suffered by you, including, but not limited to, loss of data, game play, items or characters from delays, non-deliveries, errors, system down time, mis-deliveries or service interruptions caused by us, or by your or by any other user's errors and/or omissions.

7.Limitation of Liability

Zilliar Inc. WILL NOT BE LIABLE IN ANY WAY FOR DAMAGE OR LOSS OF ANY KIND RESULTING FROM (A) THE USE OF OR INABILITY TO USE THE SERVICES INCLUDING WITHOUT LIMITATION LOSS OF GOODWILL, WORK STOPPAGE, COMPUTER FAILURE OR MALFUNCTION; (B) THE LOSS OR DAMAGE TO CHARACTERS, ACCOUNTS, STATISTICS, INVENTORIES OR USER PROFILE INFORMATION; OR (C) INTERRUPTIONS OF SERVICES INCLUDING WITHOUT LIMITATION ISP DISRUPTIONS, SOFTWARE OR HARDWARE FAILURES OR ANY OTHER EVENT WHICH MAY RESULT IN A LOSS OF DATA OR DISRUPTION OF SERVICES. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL Zilliar Inc. WILL BE LIABLE TO YOU OR ANYONE ELSE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES, EVEN IF THEY HAVE BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, AND EVEN IF A REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.

8.Exclusions

Some jurisdictions do not allow the exclusion of certain warranties or the exclusion or limitation of liability for consequential or incidental damages, so the limitations above may not apply to you.

9.Indemnification

You agree to defend, indemnify, and hold Zilliar Inc. harmless from and against any claim, liability, loss, injury, damage, cost, or expense (including reasonable attorneys' fees) incurred by Zilliar Inc. arising out of or from your access and use of the Services, your violation of these Terms or any Content posted, transmitted or provided by you or on your behalf.

10.Waiver and Severability

The failure of Zilliar Inc. to enforce any right or provision of these Terms will not be deemed a waiver of such right or provision. In the event that any provision of these Terms is held to be invalid or unenforceable, the remaining provisions of these Terms will remain in full force and effect.

11.Injunctive Relief

11.1 You acknowledge that the rights granted and obligations made hereunder to Zilliar Inc. are of a unique and irreplaceable nature, the loss of which shall irreparably harm Zilliar Inc. and which cannot be replaced by monetary damages alone so that Zilliar Inc. shall be entitled to injunctive or other equitable relief (without the obligations of posting any bond or surety) in the event of any breach or anticipatory breach by you.
11.2 We will not be liable for indirect, special, or consequential damages (or any loss of revenue, profits, or data) arising in connection with this Agreement or the Service, even if we have been advised of the possibility of such damages. Further, you will indemnify and hold us harmless from all claims, damages, and expenses (including, without limitation, attorneys' fees) relating to the use of the Service on your Site.

12. Controlling Law and Jurisdiction

These Terms and any action related thereto will be governed by the laws of the State of California without regard to its conflict of law provisions. All claims, legal proceedings or litigation arising in connection with the Services will be brought solely in Santa Clara County, California, and you consent to the jurisdiction of and venue in such courts.

13. Other Jurisdictions

Zilliar Inc. operates and controls this application from its offices in the United States. Zilliar Inc. makes no representation that this application is appropriate or available in other locations. The information provided on this application is not intended for distribution to or use by any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation or which would subject Zilliar Inc. to any registration requirement within such jurisdiction or country.

14. In the Event of Merger, Sale or Bankruptcy

In the event Zilliar Inc. is acquired by or merged with a third party entity, we reserve the right to transfer or assign the information we have collected from out users as part of such merger, acquisition, sale, or other change of control. In the unlikely even of bankruptcy, insolvency, reorganization or assignment we may not be able to control how your personal information is treated, transferred or used.

15. Changes and updates to this Notice

We may from time to time change our terms and conditions herein without any prior notice or consent from the users of zilliar.com including console operators, users and any other person(s) deemed affected by the terms and conditions set here.