Effective Date: February 29, 2024
PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY. BY ACCESSING OR PARTICIPATING IN THE ZYNGA VIP PROGRAM, YOU AGREE TO BE BOUND BY THESE TERMS AND CONDITIONS AND ALL TERMS INCORPORATED BY REFERENCE AS DESCRIBED BELOW. IF YOU DO NOT AGREE TO THESE TERMS AND CONDITIONS, YOU MAY NOT ACCESS OR PARTICIPATE IN THE ZYNGA VIP PROGRAM. NOTHING IN THIS AGREEMENT IS INTENDED TO LIMIT OR EXCLUDE THE APPLICATION OF ANY MANDATORY CONSUMER LAWS IN YOUR JURISDICTION OF RESIDENCE.
These Zynga VIP Program Terms and Conditions (“VIP Terms”), the Take-Two Privacy Policy (“Privacy Policy”), and the Take-Two Terms of Service (“Terms of Service”), each of which is incorporated by reference, apply to your access to and participation in the Zynga VIP program (“Zynga VIP”), which is operated by Zynga Inc., a wholly-owned publishing label of Take-Two Interactive Software, Inc., or their affiliates (collectively, ”Zynga”, ”our”, ”us” or ”we”). These VIP Terms do not alter in any way the terms or conditions of any other agreement you may have with us for other products and services. Please note that your access to and participation in Zynga VIP is also governed by the terms, conditions, limitations, and requirements in the Terms of Service, including but not limited to the mandatory arbitration clause in Section 15 thereof, all of which (as may be changed over time) are incorporated into these VIP Terms.
1. VIP Program Description: Zynga VIP is an invite-only customer program that rewards and benefits our players by offering in-game perks, community, and special events. Additional benefits also may be made available to Zynga VIP members from time to time. These VIP Terms provide a general overview of Zynga VIP. For more information about Zynga VIP, please contact Zynga VIP using the information below.
2. VIP Program Eligibility
a. Zynga VIP is limited to players who reside within a territory where Zynga VIP is not prohibited by law, and who are at least 18 years of age (or such older age as signifies majority in your territory). Zynga VIP is intended for personal use only. Purchasing items for resale or other commercial uses is not permitted in Zynga VIP. You may have one and only one Zynga VIP account per game.
b. There is no fee to join Zynga VIP, and purchase is not required to become a member. By providing your information, you consent to us collecting, using and sharing your information in accordance with our Privacy Policy and subject to these VIP Terms.
**3. Communications:**Zynga VIP communications will be conducted through various channels, including but not limited to, email, phone, SMS Text and through mobile applications and websites for our games. Consent to receive communications from Zynga via at least one of these channels is a prerequisite of participation in the Zynga VIP program. Recurring messaging and frequency may vary. Consent is not a condition of any purchase.
**4. Impact of Returns, Refunds and Cancellations on Your VIP Offers:**If you return any Virtual Items you have purchased, or obtain a refund for, or cancel your purchase of, such Virtual Items, we reserve the right to remove any bonus Virtual Items applied to your Account by the Zynga VIP team as a result of that purchase by, including but not limited to, debiting your Account for the bonus Virtual Items or the bonus Virtual Items’ in-game currency value, including to a negative balance. Players with a negative balance may be required to restore a positive balance or face suspension or termination from our Services.
**5. Data Sharing Notice.**We use services provided by certain third-party vendors to provide the Zynga VIP program. Subject to our Privacy Policy, your data may be shared with third-party vendors that perform services for us, including Vonage, for processing in accordance with the third party vendor’s Privacy Policy. For more information on how Vonage may process your data, see the Vonage Privacy Policy.
6. Miscellaneous
a. Our failure to exercise or enforce any right or provision of these VIP Terms shall not constitute a waiver of such right or provision.
b. These VIP Terms, together with the Terms of Service, are the entire agreement between you and us with respect to Zynga VIP. It supersedes any prior written agreements between you and us regarding Zynga VIP. Capitalized terms not defined in these VIP Terms have the same definition as in the Terms of Service and, in the event of an actual conflict between these VIP Terms and the Terms of Service related to Zynga VIP, these VIP Terms shall take precedence. You agree that we may assign these VIP Terms, in whole or in part, at any time. If our assignment leads to a change of us as the contracting party, you have the right to terminate these VIP Terms. You may not assign your rights or transfer your obligations under these VIP Terms. If your habitual residence is in Germany, the preceding sentence does not apply to any monetary claims you may have against us which arise from these VIP Terms. If any provision of these VIP Terms is held to be unenforceable for any reason, such provision shall either be reformed only to the extent necessary to make it enforceable or removed from these VIP Terms entirely and the remaining provisions of these VIP Terms shall remain effective.
c. Zynga reserves the right to change, modify or eliminate Zynga VIP or all or any portion of these VIP Terms or any policy pertaining to Zynga VIP at any time and in our sole discretion, including our right to discontinue or change the benefits received under Zynga VIP, merge Zynga VIP with another rewards program, or to adjust how Zynga VIP benefits are earned, calculated, or redeemed. will endeavor to notify you of any such modifications in advance of the modified VIP Terms taking effect. If you do not wish to agree to the terms of the modified VIP Terms, you may no longer be able to access or participate in the Zynga VIP program once the modified VIP Terms take effect. We will try to inform you about this legal consequence when notifying you of the modified VIP Terms. By actively accepting the modified VIP Terms, or by continuing to participate in the Zynga VIP program after the modified VIP Terms these VIP Terms. If you do not wish to agree to the modified VIP Terms, you may terminate your participation in the Zynga VIP program without any charge being payable to us.
d. Without notice to you, Zynga reserves the right to suspend or terminate your participation in Zynga VIP (in whole or in part), if we determine in our sole discretion that you have violated these VIP Terms, you have more than one Zynga VIP account, or that your participation in Zynga VIP is unauthorized, abusive, deceptive, fraudulent or otherwise unlawful. Zynga may, in its sole discretion, suspend, cancel or combine Zynga VIP accounts that appear to be duplicative.
e. You may cancel your membership in the Zynga VIP Program at any time by contacting our Zynga VIP team using the information below.
7. Choice of Law/Forum Selection
a. Governing Law, Disputes, and Liability: AU, CH, EEA, UK: If you are habitually resident in Australia, Switzerland, the United Kingdom, or any territory in the European Economic Area, the terms of Section 14 (Governing Law, Disputes, and Liability: AU, CH, EEA, UK) of the Terms of Service apply to your legal contract with Zynga. If you habitually reside outside of these territories or jurisdictions, please see Section 7(b) below.
b. Governing Law, Disputes, and Liability: United States & Rest of World: If you are habitually resident in the United States or any territory other than Australia, Switzerland, the United Kingdom, or any territory in the European Economic Area, the terms of Section 15 (Governing Law, Disputes, and Liability: United States & Rest of World) of the Terms of Service apply to your legal contract with Zynga. If you habitually reside in Australia, Switzerland, the United Kingdom, or any territory in the European Economic Area, please see Section 7(a) above.
If you have any questions or if you are dissatisfied with Zynga VIP in any way, please contact our Zynga VIP Team via email at [email protected] or phone at 855-861-0460.