Terms of Use
Date of last update: June 15, 2009
Welcome to Hyzonia, a web platform which enables you to create your adver-game in type of “HyzoLand” and “HyzoBox” as a “Publisher”, introduce, promote and market your products and services as an “Advertiser” and use Hyzonia platform for promoting, marketing and advertising your client’s products, services and concepts as an “Agency” and join and play in HyzoLands and HyzoBoxes as a “Player” (“Member”).
Hyzonia services (“Hyzonia”, “Hyzonia platform” or “Services” or “Our Services”, “Our Platform”) are operated by RENA FZCO. (“us”, “we”, “Hyzonia” or “RENA”), a Free Zone registered in Dubai/United Arab Emirates Company.
By browsing, accessing, using or registering at www.hyzonia.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 parts of this agreement or any guidelines at any time without notice to you by posting a revised version on Hyzonia website. The revised version will be effective at the time we post it and it is your responsibility to check them regularly or whenever your visit us to review such amendments. We last modified this agreement on the date stated above. Your continued use of Hyzonia platform and our Services 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 Hyzonia platform.
By registering, You (as “you”, “user of Hyzonia” or “a representative of a company or legal entity”) represent and warrant that you are fully able to enter into the terms, conditions, obligations, representations and warranties set forth in these Terms of Use.
These Terms of Use contain general terms that apply to you as a user of Hyzonia platform, along with additional terms that may apply to you as a Publisher (if you create an adver-game), Advertiser (if you run a campaign) and Agency (if you partner with us to promote Hyzonia services to your clients).
If you are using Hyzonia platform as a representative of a business, company or legal entity, you represent that you have the authority to enter into this Agreement on behalf of that company or entity, and you agree that the terms "you" or “your” in this Terms of Use refers to your company or legal entity.
When using Hyzonia platform, you will also be subject to the Hyzonia Privacy Policy and additional policies or rules applicable to specific services and features on Hyzonia platform, which may be posted by us from time to time.
These Terms of Use and future modifications govern your access and use of the Hyzonia services and platform and is a legal contract between You and RENA.
Eligibility:
Hyzonia services are not directed to children and anyone younger than 13 years and are offered only to persons in the age of 13 or older. Any registration, use or access by anyone under 13 is prohibited and in violation of these Terms of Use. Anyone who provides their personal information through Hyzonia, represent and warrant that they are 13 years or older and agree to abide by the terms of this agreement. As a Player, if you are using Hyzonia services through a publisher website, you are abided by publisher website terms and conditions.
Some of our services are available only for businesses, companies and legal entities and if you are under 18 and not a business representative, you are not allowed to use these services.
Privacy Policy & personal information:
Information about our customers is an important part of our business, and we are not in the business of selling it to others. The information that we collect may be used to process the billing, payment and shipping requirements. We may use outside billing and shipping companies to process your payments and deliveries securely. We share your billing and shipping information with such companies insofar as necessary for the processing of your payment or shipping or to prevent or detect fraud. These companies have agreed not to retain, share, store or use your personal information for any secondary purposes.
Contents:
When you register to Hyzonia as an Agency or Publisher or Advertiser, you will be able to post some contents to different HyzoLands and HyzoBoxes. You define different entities and start entering the contents for each entity, which you would like to communicate, introduce, promote, market, expose or advertise through our platform. Your account is non-transferrable account which you are responsible to keep it, and if you need to pay for using some Hyzonia services, you will be charged prior to your use.
By submitting any type of contents including and not limited to your communications, logos, texts, photos and movies through Hyzonia platform, you grant Hyzonia a nonexclusive, royalty-free, perpetual, worldwide, irrevocable, and fully sub-licensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such contents throughout the world in any media.
You are responsible for making sure that you have all rights in your content, including the rights necessary for you to grant the foregoing allowances and licenses to your contents. You are solely responsible for your content. You understand that even if your contents are published or marked private by you, Hyzonia does not guarantee any confidentiality or privacy with respect to any of your content.
By posting your contents, you represent and warrant that you own or otherwise, you legally control all of the rights to the contents that you submit; that the contents are accurate; that use of the contents you supply do not violate this agreement and will not cause injury to any person or entity; and that you will indemnify Hyzonia for all claims arising from any kind of contents which you post.
Hyzonia has the right to monitor and edit or remove any activity or any content. Hyzonia takes no responsibility and assumes no liability for any content submitted by you.
Hyzonia reserves the right to suspend wholly or partially the operation of Hyzonia platform and our services any time without prior notice, for repair, maintenance, improvement or otherwise.
It is strictly prohibited to use our platform or our services for purposes that are illegal, unlawful, offensive, threatening, racist, obscene, hurtful or inappropriate. The language you use, must not be considered racist, threatening, obscene, offensive or inappropriate.
You must not deceive or send spam to others by using the information you may find through our platform or our services.
Asking any personal or business information from anyone is forbidden and will not be tolerated.
In case of providing violent or illegal contents, Hyzonia will have the right to use, reproduce and exploit your content in any manner without restriction, including in response to any subpoena or other judicial or administrative order, to assist government enforcement agencies or otherwise required by law and to protect the rights, property or safety of Hyzonia, any individual, or the general public.
Additionally, you understand and agree that your content that is displayed on Hyzonia platform may continue to appear on the our Platform, even after you have terminated your account or terminated these Terms of Use, as portions of your content may have been incorporated into user profiles or other features.
In addition to the rights, licenses and privileges referred to above, you agree that Hyzonia, in its sole discretion, may use and refer to your trademarks, service marks, trade names, image, character, logos, domain names and other distinctive brand features or identification in marketing materials, financial reports, presentations, website materials, customer lists and other media now known or hereafter discovered in connection with the marketing, advertising and promotion of Hyzonia platform, and any products, goods, features, capabilities and/or services associated with Hyzonia platform.
As an Agency, Advertiser, Publisher or Player, you acknowledge that Hyzonia and its designees reserve the right, but shall have no obligation, to pre-screen, filter, remove, refuse to accept, post, display, or transmit any content through or on any HyzoLand or HyzoBox in Hyzonia platform in whole or in part at any time for any reason or no reason with or without notice and with no liability of any kind.
All codes, graphics, sounds, texts, logos, videos, photographs and data placed in any part of Hyzonia platform and our services, or shown in our website(s) or Publishers’ website(s), are protected by copyright and other intellectual property rights belonging to Hyzonia or Advertisers, Publishers, Agencies or licensors, so you may not use these contents by any means.
Hyzonia grants you a limited license to visit and access our platform, our website(s) or use our services and not to download (other than page caching) or modify our platform, our websites and our services, or any portion of them, except with express written consent of RENA or Hyzonia. This license allows you to open an account to access Hyzonia to create an adver-game, or advertise your brands and entities which you own or those whose (texts, logos, photos, movies, …) you have total legal control of contents or your authorized entity to submit to our platform. You are not allowed to use our platform, our website or our services and theirs contents derivatively; or to use data mining, robots, or similar data gathering and extraction tools.
Hyzonia platform, our website(s) and our services or any portion of these may not be reproduced, duplicated, copied, sold, resold, or otherwise exploited for any personal or commercial purpose without express written consent of RENA or Hyzonia. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including but not limited to images, text, page layout, or form) of Hyzonia without our express written consent. You may not use any meta tags or any other "hidden text" utilizing Hyzonia name or trademarks without our express written consent. Any unauthorized use terminates the permission or license granted by Hyzonia. You granted a limited, revocable, and nonexclusive right to create a hyperlink to the home page of www.hyzonia.com as long as the link does not portray Hyzonia or our services in a false, misleading, derogatory, or otherwise offensive matter. You may not use any logo or other proprietary graphic or trademark of Hyzonia as part of the link without our express written permission.
By defining prizes or quests as an Advertiser, you warrant to keep the defined prizes in stock and supply the defined prizes to winners or the introduced shipping company, for delivering to the winners. If you registered as an Advertiser and have defined several sub-accounts for different brands through your Advertiser account, you are solely responsible for all needed preparations to deliver the prizes to winners or to the shipping company, unless we indicate otherwise by express written means.
If a HyzoLand or HyzoBox is removed from Hyzonia platform, the content associated with that HyzoLand or HyzoBox may also be deleted at the discretion of the Advertiser or Agency or Hyzonia. We encourage you to be sure you are comfortable with this possibility before contributing your content to Hyzonia. You should be aware that Hyzonia is not required and may not keep back-up copies of content (including your content) on Hyzonia platform once the HyzoLand, HyzoBox or content is deleted. Additionally, Hyzonia makes no guarantee, either during or after the term of this agreement, that your content will be safely stored on Hyzonia platform and you should independently back-up your content.
Hyzonia has the exclusive right to sell, run and/or serve third-party advertising on your adver-game. If you are a Publisher, you agree not to include any advertising for anything in your adver-game unless expressly written by Hyzonia. If you pay the Premium Service fees for controlling over ads to run your own ads, you may include third-party advertisements or sponsorships on your adver-game. If you run your own ads, Hyzonia will have the option to send other ads to your adver-games, which we may exercise on notice to you, to offer and display, in partnership with you. Any such advertising policies are part of this agreement and are subject to change from time to time. If you are a Publisher, Hyzonia reserves the right to include promotional materials on your adver-game(s) at no cost to Hyzonia.
YOU AGREE THAT Hyzonia WILL NOT BE RESPONSIBLE OR LIABLE FOR ANY LOSS OR DAMAGE OF ANY SORT INCURRED AS THE RESULT OF ANY INTERACTIONS OR DEALINGS WITH ADVERTISERS AND AGENCIES OR AS THE RESULT OF THE PRESENCE OF SUCH ADVERTISERS ON YOUR ADVER-GAME.
Registration Data; Account Security
You need to register and create an account to become a Hyzonia user. Hyzonia user accounts are non-transferable and you will be solely responsible and liable for any activity that occurs under your Hyzonia account. We serve the right to log-off or deactivate the inactive accounts for an extended period of time.
You agree to keep your password safe at all times and not to disclose it to anyone. You are totally responsible for the activities of all persons who use your password to gain access to your account. Hyzonia will not be liable for any loss that you may incur as a result of someone else using your password.
You must not use anyone else account information without the permission of the account holder. You must not choose a username that breaks the rights of any third party, and impersonates our staff or other users. Your username must not be offensive, threatening, racist, obscene, hurtful, unlawful or inappropriate. Your username must not contain your email address or your mobile number or any contact data out of your or any third party's real life information. We keep the right to make such assessment in our discretion and to change any username for any reason or take such other actions as we believe appropriate.
You agree to provide accurate, complete and true information about yourself while you fill the sign up form and update this information in future, when they are to be changed.
Hyzonia has the right at its sole discretion for any reason to delete, disable or deactivate your account, block your email or IP address, or otherwise terminate your access to or use of the Hyzonia Platform or any HyzoLand or HyzoBox.
Hyzonia reserves the right to remove any HyzoLand or HyzoBox or content within any Publisher’s website or anywhere on the Hyzonia Platform or shut down it with or without notice, and with no liability of any kind to you.
If you terminate your account, we will not refund you any fees you may have paid for any reason.
Intellectual Property rights, Ownership and Licensing
Hyzonia grants you a limited, non-exclusive, non-sub licensable, freely revocable license to access and use the Hyzonia platform. You hereby acknowledge that you acquire no right in the whole Hyzonia platform codes.
You agree that all the intellectual property rights in Hyzonia platform, which does not include your contents are owned by Hyzonia or its licensors.
Upon expiration or termination of this agreement, or removal of your account by Hyzonia, the license will be terminated immediately.
You agree not to, nor will you allow any third party (whether or not for your benefit) to:
- Sell, rent, loan, lease or run the access to Hyzonia platform or technology
- Attempt to access Hyzonia source code software in any way
- Copy, archive, store, reproduce, rearrange, modify, adapt, download, upload, create derivate works from, display, perform, publish, distribute, redistribute or disseminate any Hyzonia technology.
- Access Hyzonia platform to build a product using similar ideas, features, functions, interface or graphics of Hyzonia platform.
- Access (or attempt to access) any service on Hyzonia platform by any means other than as permitted in these Terms of Use.
- Circumvent, disable or otherwise interfere with security related features of the embeddable features that prevent or restrict use or copying of any content or third party content or enforce limitations on use of the embeddable features or the content and third party content therein.
- Access Hyzonia platform to upload your code or your content to cause a breach of security to Hyzonia platform or any HyzoLand, HyzoBox or interfere with the proper working of Hyzonia platform or prevent others from using Hyzonia platform.
- Delete the copyright and other proprietary rights notices on Hyzonia platform or embeddable features.
Hyzonia copyrights, trademarks, logos, images, services’ names, trade names and other distinctive branding features used on Hyzonia platform are the trademarks of Hyzonia and may not be used without permission.
Hyzonia is not granting you a license under any intellectual property right to the Hyzonia trademarks. Other trademarks, logos, and trade names that may appear on Hyzonia platform are the property of their respective owners.
If you are a Publisher, Hyzonia reserves the right to include Hyzonia copyright and trademark notices in your adver-game and links them to the Hyzonia Terms of Use, Privacy Policy and other terms.
You agree that, as between you and Hyzonia, Hyzonia owns all rights, titles and interests, including, all intellectual property rights, in and to the Hyzonia technology. You shall not acquire any right, title or interest therein, except for the limited rights expressly set forth in this Agreement. Any rights not expressly granted herein, are reserved to Hyzonia. You agree to abide by all copyright notices, information, or restrictions contained in any part of the Hyzonia Platform. You must not alter, delete, or conceal any copyright, trademark, patent, or other notices contained on Hyzonia platform, including notices on any Hyzonia technology you download, transmit, display, print or reproduce from or using Hyzonia platform.
Disclaimers
Hyzonia attempts to be as accurate as possible. However, Hyzonia and its directors, successors, affiliates, contractors, subcontractors, officers, agents, suppliers, licensors, partners and employees expressly do not warrant that the website or our general or business services will cover your requirements or your expectations, nor it guarantees that they are secure and free of viruses, errors, omission, interruption, deletion, defect, delay in operation or transmission, , theft or destruction or unauthorized access to, or alteration of user communications. We cannot warranty the software reliability, and accuracy, or correction of its defections, or any information which you may see or receive through our websites and our services. We offer it on an “AS IS” and “AS AVAILABLE” basis, and the use of Hyzonia platform, our website and our services is solely upon your risk and responsibility.
Hyzonia and its directors, successors, affiliates, contractors, subcontractors, officers, agents, suppliers, licensors, partners and employees expressly disclaim all representations, warranties, or conditions of any kind, whether express or implied, including but not limited to the implied warranties or conditions of accuracy, completeness, merchantability, performance, system integration, fitness for a particular purpose, quiet enjoyment, title and non-infringement.
Hyzonia and its directors, successors, affiliates, contractors, subcontractors, officers, agents, suppliers, licensors, partners and employees expressly inform any obtained or downloaded material through the use of Hyzonia platform is done at your own discretion and risk and you will be solely responsible for any damage to your computer system or any other device or loss of data that results from downloading of these materials.
Hyzonia and its directors, successors, affiliates, contractors, subcontractors, officers, agents, suppliers, licensors, partners and employees expressly inform that any obtained information, request or advice, written or verbal by you shall create no warranty expressly stated in this agreement.
Limitation on Liability
HYZONIA AND ITS DIRECTORS, SUCCESSORS, AFFILIATES, CONTRACTORS, SUBCONTRACTORS, OFFICERS, AGENTS, SUPPLIERS, LICENSORS, PARTNERS AND EMPLOYEES UNDER NO LEGAL THEORY, SHALL NOT BE LIABLE IN THIS AGREEMENT, FOR ANY TORT (INCLUDING NEGLIGENCE), STATUTORY DUTY OR OTHERWISE ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OF USE OR HYZONIA PLATFORM, THE WEBSITE, OR GENERAL OR BUSINESS SERVICES, OR RESULTING FROM THE USE OR INABILITY TO USE, OR RESULTING FROM THE PURCHASED, RECEIVED, TRANSACTED OR REWARDED ITEMS, PRODUCTS, SERVICES FOR CONSEQUENTIAL, INDIRECT, DIRECT OR SPECIAL LOSS OR DAMAGE, COST OF COVER, GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES OR ANY ECONOMIC LOSSES (INCLUDING BUT NOT LIMITED TO LOSS OF THE REVENUE, PROFITS, CONTRACTS, BUSINESS OR ANTICIPATED SAVINGS) OR PUNITIVE DAMAGES OR LOSS OF DATA, IN EACH CASE, EVEN IF THE DAMAGE OR LOSS IS INTENTIONAL OR WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS OR DAMAGE AND HOWSOEVER INCURRED.
EXCEPT AS EXPRESSLY PROVIDED IN THESE TERMS OF USE, WE EXPRESSLY DISCLAIM ANY REPRESENTATIONS, WARRANTIES, CONDITIONS OR OTHER TERMS, EXPRESS OR IMPLIED, BY STATUTE, COLLATERALLY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES, CONDITIONS OR OTHER TERMS OF SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE OR REASONABLE CARE AND SKILL.
THESE LIMITATIONS SHALL ALSO APPLY WITH RESPECT TO DAMAGES INCURRED BY REASON OF ANY PRODUCTS OR SERVICES SOLD OR PROVIDED ON ANY THIRD PARTY SITES OR OTHERWISE PROVIDED BY ANY THIRD PARTIES OTHER THAN HYZONIA (INCLUDING THIRD PARTY CONTENTS) AND RECEIVED BY YOU THROUGH OR ADVERTISED ON THE HYZONIA PLATFORM OR ADVER-GAMES OR RECEIVED BY YOU ON ANY THIRD PARTY SITES.
YOU RELEASE HYZONIA AND ITS DIRECTORS, SUCCESSORS, AFFILIATES, CONTRACTORS, SUBCONTRACTORS, OFFICERS, AGENTS, SUPPLIERS, LICENSORS, PARTNERS AND EMPLOYEES FROM CLAIMS, DEMANDS AND DAMAGES OF EVERY KIND OF NATURE ARISING OUT OF OR RELATED TO ANY DISPUTES BETWEEN YOU AND ANY THIRD PARTY (INCLUDING NOT LIMITED TO PUBLISHERS, AGENCIES, ADVERTISERS, PLAYERS) FOR YOUR INTERACTIONS INCLUDING PAYMENT, REWARDS, PRIZES, DELIVERY OF GOODS, SERVICES AND ANY OTHER TERMS, CONDITIONS, WARRANTIES OR REPRESENTATIONS ASSOCIATED WITH SUCH DEALING AS HYZONIA IS UNDER NO OBLIGATION TO BECOME INVOLVED.
HYZONIA RESERVES THE RIGHT AT ANY TIME AND FROM TIME TO TIME TO MODIFY, SUSPEND OR DISCONTINUE PROVIDING HYZONIA PLATFORM OR ANY PART OF ITS SERVICES WITH OR WITHOUT NOTICE. HYZONIA WILL NOT BE LIABLE TO YOU OR TO ANY THIRD PARTY FOR ANY MODIFICATION, SUSPENSION OR DISCONTINUANCE OF HYZONIA PLATFORM.
Indemnity
You agree to indemnify, defend, and hold harmless Hyzonia and its directors, successors, affiliates, contractors, subcontractors, officers, agents, suppliers, licensors, partners, employees and all third-party advertisers, technology providers, service providers or other partners, and each of their respective officers, directors, agents, shareholders, employees and representatives, from and against any third party claim, demand, loss, damage, cost, or liability including attorneys' fees and costs.
Hyzonia reserves the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us and you agree to cooperate with our defense of these claims. You agree not to settle any matter without the prior written consent of Hyzonia. Hyzonia will use reasonable efforts to notify you of any such claim, action or proceeding upon becoming aware of it.
All claims must be submitted in writing and brought within maximum two months of their occurrence or otherwise waived.
Relationship of parties
No agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created by this agreement. The parties are independent contractors with respect to each other.
You agree that Hyzonia has no special relationship with or fiduciary duty to you. Neither party shall have any right, power or authority to enter into any agreement for or on behalf of, or incur any obligation or liability of, or to otherwise bind, the other party.
General
If any provision of this agreement is held invalid, illegal or unenforceable, such provision will be reformed only to the extent necessary and in such a manner to effect the original intention of the parties; all remaining provisions continue in full force and effect. Any failure by either party to strictly enforce any provision of this agreement will not operate as a waiver of that provision or any subsequent default or breach of the same or a different kind.
This Agreement will be governed by and construed in accordance with the laws of Dubai, United Arab Emirates, exclusive of its conflict of law principles. Except for actions for injunctive relief for a violation of intellectual property rights, confidentiality obligations or enforcement or recognition of any award or order in any appropriate jurisdiction, (a) if You are located in the United Arab Emirates, any and all claims, controversies or actions arising out of or relating to this agreement shall be filed exclusively in the Dubai courts (b) if you are located outside of the United Arab Emirates, then all claims, disputes or controversies arising out of or related to this agreement shall be subject to binding arbitration in United Arab Emirates, under the Commercial Arbitration Rules of the UAE Arbitration Centre.
Headings above are for guidance only and not binding. If we fail to enforce any provision of these Terms of Use, that failure will not preclude us from enforcing that provision (or any similar provision) on a later occasion. If any provision of these Terms of Use is found by a court to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and that other provisions remain in full force and effect. These Terms of Use are governed by UAE law, and any dispute connected with them or our Products is subject to the exclusive jurisdiction of the UAE courts, and is to be directed in English language only.
By registering in Hyzonia platform, you confirm and warrant to us that you have all the rights, power and authority necessary to grant the above license and operate the Hyzonia platform and services.
We welcome your feedback on this document and thank you for using Hyzonia.