ZUDATOPIA USER TERMS OF USE
The following terms and conditions form the agreement between You as a user of Zudatopia.com
(“Service”) and Planet Zuda, LLC (aka “We”, “Us”, or “Our”). PLEASE READ THEM CAREFULLY. Your use
of the Service, or any part thereof, constitutes your agreement to be bound by the terms set forth in this
agreement (“Terms”). If You do not wish to agree to these Terms, You may not use the Service and should
not proceed to register for an account.
1. License to Use
Your right to use the Service is subject to these Terms which may be amended by Us at Our sole discretion
from time to time by posting a new version of Terms on this page with the applicable effective date.
Furthermore, We may alter, suspend or discontinue any aspect of the Service at any time, including the
availability of any Service feature, database or content. We may also impose limits on certain features and
aspects of the Service or restrict your access to parts or all of the Service without notice or liability.
2. Age Limitations
Use of the Service is limited to individuals age 13 and above. By using our Service, You agree that you are 13
years of age or older, and that you have read, understood, and agree to be bound by the Terms, and that if
you are between 13 and 18, that your legal guardian has reviewed and grants consent for you to agree to
these Terms .
3. Acceptable Use Policy
You agree to use the Service in accordance with the following Acceptable Use Policy:
a) You agree that you will not violate the laws, regulations, ordinances or other such requirements of any
applicable Federal, State or local government.
b) You agree not to take any action which threatens, encourages or causes any harm to minors of any kind
or to perform any activity which is likely to cause such harm or which assists any other person or group in
doing so.
c) You agree not to take any action which encourages or consists of any threat of harm or harassment of
any kind to any person or property or assists any other person or group in doing so. Such behavior shall
include but not be limited to the posting of communications, pictures, videos or audio recordings which
contain libelous, slanderous, abusive or defamatory statements, or racist, pornographic, obscene, or
offensive language or images.
d) You agree that you will not use the Service to infringe the privacy rights, property rights, or any other
rights of any person.
e) You agree not to collect or attempt to collect personally identifiable information of any other user of the
Service without their express consent. In the event that You collect any such information, You shall
maintain records of any such consent throughout the time that You maintain an account with the Service
and for three years thereafter.
f) You agree not to undertake any action which is harmful or potentially harmful to the Service’s server
structure.
g) Your limited license to use the Service is not subject to lease, sublease or any other sharing or transfer to
any third party without the specific, express written consent of the Service.
h) You agree not to abuse whether verbally or physically or whether in person, via email or telephone or
otherwise (a) any other customer of Service (b) any service provider, employee or contractor of the
Service.
i) You will not use the Service to distribute, promote or otherwise publish any material containing any
solicitation for funds, advertising or solicitation for goods or services; except where expressly authorized
to do so on the Service;
j) You will not use the Service to post or transmit in any manner any contact information including, but not
limited to, email addresses, DM, Social Media identifiers, "instant messenger" nicknames, telephone
numbers, postal addresses, URLs, or full names to any other person or include such information in Your
publicly posted information.
MEMBER TERMS OF USE
k) You agree that Service will make the sole determination of any whether this policy has been violated.
Violation of the Acceptable Use Policy shall be grounds for immediate suspension or termination of your
User Account as provided elsewhere herein.
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4. Fees and Payments
There is presently no fee to use the Service, however, We reserve the right to implement a Service fee or other fee
structure for all or any portion of the service. We will provide notice of the implementation of any such fee by
updating these terms and providing an effective date for the implementation of any such change to these Terms.
5. Privacy and Use of Information
Your data privacy is important to Us. Our Privacy Policy sets forth our policy for the collection and use of
information that we obtain from you and about you. Our Privacy Policy is incorporated herein as though set forth at
length. A complete statement of our Privacy Policy is available to you at the link above or any of the links provided
on most pages of the Service. As with these Terms, your use of the Service, or your express agreement as part of
any registration for the Service, constitutes Your agreement to be bound by the terms of the Privacy Policy. There
is presently no national privacy law that governs the collection of personally identifiable data. For the time being,
because we are based in the State of California, and because California has some of the most robust consumer
privacy protections in the country, we choose to comply with the law of the State of California in the protection of
your personally identifiable information. Specifically, this includes the California Consumer Privacy Act (CCPA) and
the California Privacy Rights Act (CPRA), where applicable. CCPA and CPRA instruct that you may be able to
contact Us to obtain or delete data that we may have which pertains to you. You may find further information and
instructions for making such a request within the terms of our Privacy Policy.
6. Monitoring of Use
We reserve the right to monitor Your use of the Service as well as any advertisements, public postings, messages
or your use of the Service to ensure that they conform to these Terms and to evaluate the effectiveness of the
Service.
7. Proprietary Information
The Service contains and makes available to You, information, methodologies, graphics and other artwork or audio
which is proprietary to Us, our partners, and other users of the Service. We assert full copyright protection over the
information on the Service, whether on Our own behalf or on behalf of our partners and other Users. You agree not
to download, copy, modify, use or distribute any such data, images or information in any manner whatsoever
without having first received the express written consent from Us.
8. Interruption of Service
We make every reasonable effort to maintain operation of the Service; however, many events and circumstances
are beyond Our control. Thus, We do not in any way warrant or otherwise guarantee the availability of the system
or servers and We are not responsible for any delay or loss of data, lack of delivery, lack of connection, slow
connection, or any other such issues whether due to the active or passive negligence.
9. External Links
The Service may from time to time contain links to other Internet sites and resources ("External Links"). You
acknowledge that We are not responsible for, and have no liability as a result of, the availability of External Links or
their contents. We suggest that You review the terms of use and privacy policy of such External Links prior to Your
use of them.
10. Limitations of Actions
MEMBER TERMS OF USE
THE SERVICE IS PROVIDED TO YOU ON AN "AS IS" BASIS, AND WITHOUT ANY WARRANTY OF ANY KIND,
WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT WITHOUT LIMITATION, ANY IMPLIED WARRANTY OF
MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE.
YOU HEREBY WAIVE ANY CLAIM FOR DAMAGES OF ANY KIND WHETHER DIRECT, INDIRECT, SPECIAL,
EXEMPLARY, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL, LOSS OF PROFITS OR LOSS OF BUSINESS
OR ANY OTHER CLAIM ARISING OUT OF YOUR USE OF THE SERVICE. THE TOTAL SOLE AND EXCLUSIVE
REMEDY AVAILABLE TO YOU AS THE RESULT OF ANY BREACH OF THIS AGREEMENT, NEGLIGENCE, OR
ANY ACTION OR FAILURE TO ACT WHETHER INTENTIONAL OR OTHERWISE SHALL BE THE TOTAL
AMOUNT OF FEES PAID BY YOU TO US IN THE THREE MONTHS IMMEDIATELY PROCEEDING ANY
ALLEGATION OF ENTITLEMENT TO SUCH REMEDY.
11. Indemnity
You agree to fully defend and indemnify and hold Us, Our owners, members directors and Our contractors and
affiliates (Indemnified Parties) harmless of and from any and all third party claims, causes of action, demands,
costs, damages including both direct and consequential damages, specifically including attorney’s fees and costs,
expert fees and costs and mediation and/or arbitration fees and costs incurred (whether paid or not) as the result
of any breach or claim of breach of these Terms by You or Your negligence whether active or passive in any way
related to Your use of the Service or any portion thereof. Choice of counsel remains exclusively ours.
You agree to fully defend and indemnify and hold Us harmless of and from any and all third party claims, causes of
action, demands, costs, damages including both direct and consequential damages, specifically including
attorney’s fees and costs, expert fees and costs and mediation and/or arbitration fees and costs incurred (whether
paid or not) as the result of any violation or claimed violation of any copyright or other intellectual property right of
any third party which is in any way related to Your use of the Service or any portion thereof. Choice of counsel
remains exclusively ours.
You agree that to the extent that You are issued any user ID and password that You will maintain the
confidentiality of Your account information and assume all responsibility of and from any loss, theft or other
destruction of any data as the result of any access to your account via the use of Your user ID. You further agree
to defend and indemnify and hold Us harmless of and from any and all third party claims, causes of action,
demands, costs, damages including both direct and consequential damages, specifically including attorney’s fees
and costs, expert fees and costs and mediation and/or arbitration fees and costs incurred (whether paid or not) as
the result of any claim for damages in any way related to the disclosure of Your confidential User ID and Password
information. Choice of counsel remains exclusively ours.
12. Termination / Suspension
In the event of any violation of these Terms, as determined in Our Sole discretion, Your account and any account
tied to you may be suspended, subject to reinstatement on conditions established by Us at the time of such
suspension or, at Our sole option, termination. In the event of either suspension or termination, You may lose
access to any and all data, artwork, game history, score history, ranking or earned benefits (credits, tokens etc.)
(collectively “Your Stuff”) without compensation therefore. To the extent that You are provided an opportunity to
retrieve any or all of Your Stuff, the conditional or other provision of such an opportunity shall not create any
obligation on Our part other than what is expressly assumed and communicated.
13. FORCE MAJEURE
Either party to this agreement shall be excused from any delay or failure in performance hereunder caused by
reason of any occurrence or contingency beyond its reasonable control, including but not limited to, acts of God,
earthquake, labor disputes and strikes, riots, war, and governmental requirements including but not limited to
pandemic related requirements or recommendations. The obligations and rights of the party so excused shall be
extended on a day-to-day basis for the period of time equal to that of the underlying cause of the delay.
14. U.S. EXPORT CONTROLS
Software available in connection with the Services may be subject to United States export controls. No Software
may be downloaded or otherwise exported or re-exported in violation of U.S. export laws. Downloading or using
the any downloaded Software or software component is at your sole risk.
15. ASSIGNMENT
Your rights under these Terms may be assigned only upon Our express written approval. We may assign Our
rights hereunder to any person or entity who shall become a principal owner, or shareholder of Service. Any other
attempted transfer or assignment of rights hereunder shall be null and void ab initio.
MEMBER TERMS OF USE
16. SEVERABILITY
If any term, clause or provision hereof is held invalid or unenforceable by a court of competent jurisdiction, such
invalidity shall not affect the validity or operation of any other term, clause or provision and such invalid term,
clause or provision shall be deemed to be severed from the Agreement.
17. CHOICE OF LAW
These Terms shall be interpreted under the laws of the State of California without regard to any conflict of laws
provisions. Any action between the parties to this agreement for the breach of this agreement or any action or
claim in any way relating thereto shall be venued in the Superior Court of the State of California, County of Los
Angeles. The parties to this agreement hereby consent to jurisdiction in that court and agree to accept service by
mail and hereby waive any defense of any kind related to jurisdiction or venue.
18. NO AGENCY
Notwithstanding any other provision of this agreement, We are not Your agent, partner or joint venturer in any
respect.
19. AMENDMENT
We may without advance notice amend these Terms from time to time, and will do so by posting new Terms
together with a statement as to the effective date of the Agreement on this page of this web site in place of the old.
Each and every such amendment shall be become effective immediately for all pre-existing and future accounts.
20. REQUIRED NOTICES
Copyright Infringement Claims - Any notice concerning any claim of copyright infringement should be addressed to
Planet Zuda, LLC – Zudatopia Division, COPYRIGHT INFRINGEMENT CLAIM, city State Zip
_________________________ Telephone (___) ___-____ Facsimile (___) ___-____
California - Pursuant to the terms of The Electronic Commerce Act of 1984 please be advised that as may be
applicable to you under California Law if you are unsatisfied with the manner in which a complaint that you may
have regarding the Zudatopia.com service you may contact the complaint Assistance Unit of the Division of
Consumer Services of the Department of Consumer Affairs in writing at 1625 N. Market Blvd, Suite N 112,
Sacramento, CA 95834 or by telephone at 1-916-445-1254.
© 2023 Planet Zuda, LLC – All Rights Reserved.