Terms of Use

Welcome to the TripAdvisor website or mobile properties, including related applications (collectively, this "Website"). This Website is provided solely to assist customers in gathering travel information, posting opinions of travel related issues, engaging in interactive travel forums, and searching for and booking travel reservations, and for no other purposes. The terms "we", "us", "our" and "TripAdvisor" refer to TripAdvisor LLC, and our corporate affiliates and websites (collectively, "TripAdvisor"). The term "you" refers to the customer visiting the Website and/or contributing content on this Website.

This Website is offered to you conditioned upon your acceptance without modification of any/all the terms, conditions, and notices set forth below (collectively, the "Agreement"). By accessing or using this Website in any manner, you agree to be bound by the Agreement and represent that you have read and understood its terms. Please read the Agreement carefully, as it contains information concerning your legal rights and limitations on these rights, as well as a section regarding applicable law and jurisdiction of disputes. If you do not accept all of these terms and conditions you are not authorized to use this Website.

We may change or otherwise modify the Agreement in the future in accordance with the Terms and Conditions herein, and you understand and agree that your continued access or use of this Website after such change signifies your acceptance of the updated or modified Agreement. We will note the date that revisions were last made to the Agreement at the bottom of this page, and any revisions will take effect upon posting. We will notify our members of material changes to these terms and conditions by either sending a notice to the email address provided to us at registration or by placing a notice on our Website. Be sure to return to this page periodically to review the most current version of the Agreement.

USE OF THE WEBSITE

As a condition of your use of this Website, you warrant that (i) all information supplied by you on this Website is true, accurate, current and complete, (ii) if you have a TripAdvisor account, you will safeguard your account information and will supervise and be completely responsible for any use of your account by anyone other than you, (iii) you are 13 years of age or older in order to register for an account and contribute to our Website and (iv) you possess the legal authority to enter into this Agreement and to use this Website in accordance with all terms and conditions herein.

TripAdvisor does not knowingly collect the information of anyone under the age of 13. We retain the right at our sole discretion to deny access to anyone to this Website and the services we offer, at any time and for any reason, including, but not limited to, for violation of this Agreement.

Copying, transmission, reproduction, replication, posting or redistribution of the Website Content or any portion thereof is strictly prohibited without the prior written permission of TripAdvisor. To request permission, you may contact TripAdvisor as follows:

Director, Partnerships and Business Development
TripAdvisor LLC
400 1st Avenue
Needham, MA 02494, USA

Users of the Website will not incur any charges for using the Website in accordance with these Terms and Conditions. However, the Website contains links to third-party websites which are operated and owned by independent service providers or retailers. Such third-parties may charge a fee for use of certain content or services provided on the website. Therefore, you should make whatever investigation you feel is necessary or appropriate before proceeding with any transaction with any third party to determine whether a charge will be incurred. Where TripAdvisor provides details of charges on the Website, such information is provided for convenience and information purposes only. TripAdvisor in no way guarantees that this information is correct nor is it in anyway responsible for content or services provided on such third party websites.

PROHIBITED ACTIVITIES

The content and information on this Website (including, but not limited to, messages, data, information, text, music, sound, photos, graphics, video, maps, icons, software, code or other material), as well as the infrastructure used to provide such content and information, is proprietary to us. You agree not to otherwise modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell or re-sell any information, software, products, or services obtained from or through this Website. Additionally, you agree not to:

(i) use this Website or its contents for any commercial purpose;
(ii) access, monitor or copy any content or information of this Website using any robot, spider, scraper or other automated means or any manual process for any purpose without our express written permission;
(iii) violate the restrictions in any robot exclusion headers on this Website or bypass or circumvent other measures employed to prevent or limit access to this Website;
(iv) take any action that imposes, or may impose, in our discretion, an unreasonable or disproportionately large load on our infrastructure;
(v) deep-link to any portion of this Website for any purpose without our express written permission;
(vi) "frame", "mirror" or otherwise incorporate any part of this Website into any other website without our prior written authorization; or
(vii) attempt to modify, translate, adapt, edit, decompile, disassemble, or reverse engineer any software programs used by TripAdvisor in connection with the Website or the services.
PRIVACY POLICY AND DISCLOSURES

TripAdvisor believes in protecting your privacy. Any personal information you post on the Website will be used in accordance with our Privacy Policy. Click here to view our Privacy Policy.

REVIEWS, COMMENTS AND USE OF OTHER INTERACTIVE AREAS

We appreciate hearing from you. Please be aware that by submitting content to this Website by email, postings on this Website or otherwise, including any hotel reviews, questions, comments, suggestions, ideas or the like contained in any submissions (collectively, "Submissions"), you grant TripAdvisor and its affiliates a nonexclusive, royalty-free, perpetual, transferable, irrevocable and fully sub-licensable right to (a) use, reproduce, modify, adapt, translate, distribute, publish, create derivative works from and publicly display and perform such Submissions throughout the world in any media, now known or hereafter devised, for any purpose; and (b) use the name that you submit in connection with such Submission. You acknowledge that TripAdvisor may choose to provide attribution of your comments or reviews at our discretion. You further grant TripAdvisor the right to pursue at law any person or entity that violates your or TripAdvisor's rights in the Submissions by a breach of this Agreement. You acknowledge and agree that Submissions are non-confidential and non-proprietary.

TripAdvisor does not edit or control the User Messages posted to or distributed on this Website including through any chat rooms, bulletin boards or other communications forums, and will not be in any way responsible or liable for such User Messages. TripAdvisor nevertheless reserves the right for any reason in its sole discretion to remove without notice any User Messages and/or Site Content.

This Website may contain discussion forums, bulletin boards, review services or other forums in which you or third parties may post reviews of travel experiences or other content, messages, materials or other items on this Website ("Interactive Areas"). If TripAdvisor provides such Interactive Areas, you are solely responsible for your use of such Interactive Areas and use them at your own risk. By using any Interactive Areas, you expressly agree not to post, upload to, transmit, distribute, store, create or otherwise publish through this Website any of the following:

Any message, data, information, text, music, sound, photos, graphics, code or any other material ("Content") that is false, unlawful, misleading, libelous, defamatory, obscene, pornographic, indecent, lewd, suggestive, harassing, or advocates harassment of another person, threatening, invasive of privacy or publicity rights, abusive, inflammatory, fraudulent or otherwise objectionable;
Content that is patently offensive to the online community, such as content that promotes racism, bigotry, hatred or physical harm of any kind against any group or individual;
Content that would constitute, encourage, promote or provide instructions for a conduct of an illegal activity, criminal offense, give rise to civil liability, violate the rights of any party in any country of the world, or that would otherwise create liability or violate any local, state, national or international law, including, without limitation, the regulations of the U.S. Securities and Exchange Commission (SEC) or any rules of any of securities exchange , including but not limited to, the New York Stock Exchange (NYSE), the NASDAQ, or the London Stock Exchange;
Content that provides instructional information about illegal activities such as making or buying illegal weapons, violating someone's privacy, or providing or creating computer viruses;
Content that may infringe any patent, trademark, trade secret, copyright or other intellectual or proprietary right of any party. In particular, content that promotes an illegal or unauthorized copy of another person's copyrighted work, such as providing pirated computer programs or links to them, providing information to circumvent manufacture-installed copy-protect devices, or providing pirated music or links to pirated music files;
Content that impersonates any person or entity or otherwise misrepresents your affiliation with a person or entity, including TripAdvisor;
Unsolicited promotions, mass mailings or "spamming", transmission of "junk mail", "chain letters", political campaigning, advertising, contests, raffles, or solicitations;
Content containing commercial activities and/or sales without our prior written consent such as contests, sweepstakes, barter, advertising, and pyramid schemes;
Private information of any third party, including, without limitation, surname (family name) addresses, phone numbers, email addresses, Social Security numbers and credit card numbers;
Contains restricted or password only access pages, or hidden pages or images (those not linked to or from another accessible page);
Viruses, corrupted data or other harmful, disruptive or destructive files;
Content that is unrelated to the topic of the Interactive Area(s) in which such Content is posted; or
Content or links to content that, in the sole judgment of TripAdvisor, (a) violates the previous subsections herein, (b) is objectionable, (c) which restricts or inhibits any other person from using or enjoying the Interactive Areas or this Website, or (d) which may expose TripAdvisor or its affiliates or its users to any harm or liability of any type.
TripAdvisor takes no responsibility and assumes no liability for any Content posted, stored or uploaded by you or any third party, or for any loss or damage thereto, nor is TripAdvisor liable for any mistakes, defamation, slander, libel, omissions, falsehoods, obscenity, pornography or profanity you may encounter. Although TripAdvisor has no obligation to screen, edit or monitor any of the Content posted to or distributed through any Interactive Area, TripAdvisor reserves the right, and has absolute discretion, to remove, screen, translate or edit without notice any Content posted or stored on this Website at any time and for any reason, or to have such actions performed by third parties on its behalf, and you are solely responsible for creating backup copies of and replacing any Content you post or store on this Website at your sole cost and expense.

If it is determined that you retain moral rights (including rights of attribution or integrity) in the Content, you hereby declare that (a) you do not require that any personally identifying information be used in connection with the Content, or any derivative works of or upgrades or updates thereto; (b) you have no objection to the publication, use, modification, deletion and exploitation of the Content by TripAdvisor or its licensees, successors and assigns; (c) you forever waive and agree not to claim or assert any entitlement to any and all moral rights of an author in any of the Content; and (d) you forever release TripAdvisor, and its licensees, successors and assigns, from any claims that you could otherwise assert against TripAdvisor by virtue of any such moral rights.

Any use of the Interactive Areas or other portions of this Website in violation of the foregoing violates the terms of this Agreement and may result in, among other things, termination or suspension of your rights to use the Interactive Areas and/or this Website.

BOOKING WITH THIRD-PARTY SUPPLIERS THROUGH TRIPADVISOR

Use of Instant Booking. TripAdvisor offers you the ability to search for, select, and book travel reservations with third-party suppliers without leaving the TripAdvisor site experience. By booking travel reservations facilitated by Instant Booking, you will become a TripAdvisor member if you are not one already. As a TripAdvisor member, you will be able to post travel reviews, participate in discussion forums, email TripAdvisor content to yourself and to others, access and receive members-only newsletters and travel planning content, and enter surveys, contests, or sweepstakes.

By using Instant Booking, you acknowledge that you accept the practices described in our Privacy Policy and all of these terms and conditions. In addition, you warrant that you are 18 years of age or older, that you possess the legal authority to enter into this Agreement and use Instant Booking and this site in accordance with these terms and conditions, and that all information you supply is true and accurate. You further agree that you will use Instant Booking only to make legitimate reservations for you or others for whom you are legally authorized to act. Any false or fraudulent reservation is prohibited, and any user who attempts such a reservation may have his or her TripAdvisor membership terminated. If you have a TripAdvisor account, you will safeguard your account information and will supervise and be completely responsible for any use of your account by anyone other than you.

AS A USER OF THIS WEBSITE, INCLUDING INSTANT BOOKING, YOU UNDERSTAND AND AGREE THAT: (1) NEITHER TRIPADVISOR NOR ITS AFFILIATES WILL HAVE ANY LIABILITY TO YOU OR OTHERS FOR ANY UNAUTHORIZED TRANSACTIONS MADE USING YOUR PASSWORD OR ACCOUNT; AND (2) THE UNAUTHORIZED USE OF YOUR PASSWORD OR ACCOUNT COULD CAUSE YOU TO INCUR LIABILITY TO BOTH TRIPADVISOR AND OTHER USERS.

When you book a reservation facilitated by Instant Booking, we will collect your payment information and transmit it to the supplier to complete the transaction, as described in our Privacy Policy. Please note that the supplier, not TripAdvisor, processes your payment and fulfills your reservation. TripAdvisor and its affiliates will not interfere with reservations arbitrarily, but we reserve the right to cancel or not process a reservation because of certain extenuating circumstances, such as when a reservation is no longer available or when we have reasonable cause to suspect that a reservation request may be fraudulent. TripAdvisor also reserves the right to take steps to verify your identity to process your reservation.

In the unlikely event that a reservation is available when you place an order but becomes unavailable prior to check-in, your sole remedy will be to contact the supplier to make alternative arrangements or to cancel your reservation.

Third-Party Suppliers. TripAdvisor is not a travel agency and does not provide or own transportation services or accommodations. Although TripAdvisor displays information about properties owned by third-party suppliers and facilitates reservations with certain suppliers on Instant Booking and affiliate sites, such actions do not in any way imply, suggest, or constitute TripAdvisor's sponsorship or approval of third-party suppliers, or any affiliation between TripAdvisor and third-party suppliers. Although TripAdvisor members may rate and review particular properties based on their own experiences, TripAdvisor does not endorse or recommend the products or services of any third-party suppliers. You agree that TripAdvisor is not responsible for the accuracy or completeness of information it obtains from third-party suppliers and displays on its sites or apps.

If you book a reservation with a third-party supplier, you agree to review and be bound by the supplier's terms and conditions of purchase and site use (the "Terms of Use"), Privacy Policy, and any other rules or policies related to the supplier's site or property. Your interactions with third-party suppliers are at your own risk. TripAdvisor will have no liability with respect to the acts, omissions, errors, representations, warranties, breaches or negligence of any third-party suppliers or for any personal injuries, death, property damage, or other damages or expenses resulting from your interactions with third-party suppliers.

This Website may link you to supplier sites or other websites that TripAdvisor does not operate or control. For further information, please refer to the "Links to Third-Party Sites" section below.

Booking Vacation Rentals with Third-Party Suppliers Listed on Affiliate Sites. TripAdvisor and some of its affiliates act as marketplaces to allow travelers to enter into vacation rental agreements or rental transactions with property owners and managers (each, an "Advertiser"). As a user, you must be responsible for your use of this Website, our affiliate sites, and any transaction involving vacation rentals facilitated by Instant Booking and/or listed on affiliate sites. We do not own, manage, or contract for any vacation rental property listed on this Website or our affiliate sites.

Because neither TripAdvisor nor its affiliates are parties to rental transactions between travelers and Advertisers, any dispute or conflict involving an actual or potential transaction between you and an Advertiser, including the quality, condition, safety or legality of a listed property, the accuracy of the listing content, the Advertiser's ability to rent a vacation rental property, or your ability to pay for a vacation rental property, is solely the responsibility of each user. You understand and agree that you may be required to enter into a separate rental agreement with an Advertiser before making a reservation or purchasing a product or service, and such an agreement may place additional restrictions on your reservation, product or service.

Vacation Rental Payment Terms

You agree to pay an Advertiser or a TripAdvisor affiliate acting on behalf of an Advertiser the service fee for any vacation rental reservation in accordance with the Terms of Use on the affiliate site. A TripAdvisor affiliate may act as an Advertiser's limited agent solely for the purpose of transmitting your payment to the Advertiser.

For further information on vacation rental fees, security deposits, payment processing, and cancellations and refunds, please consult the Terms of Use of our affiliate sites. By making a vacation rental reservation facilitated by one of our affiliate sites, you acknowledge and agree to that site's Terms of Use and Privacy Policy.

TRAVEL DESTINATIONS

International Travel. When you book international travel reservations with third-party suppliers or plan international trips using this Website, you are responsible for ensuring that you meet all foreign entry requirements and that your travel documents, including passports and visas, are in order.

For passport and visa requirements, please consult the relevant embassy or consulate for information. Because requirements may change at any time, be sure to check for up-to-date information before booking and departure. TripAdvisor accepts no liability for travelers who are refused entry onto a flight or into any country because of the traveler's failure to carry the travel documents required by any airline, authority, or country, including countries the traveler may just be passing through en route to his or her destination.

It is also your responsibility to consult your physician for current recommendations on inoculations before you travel internationally, and to ensure that you meet all health entry requirements and follow all medical guidance related to your trip.

Although most travel, including travel to international destinations, is completed without incident, travel to certain destinations may involve greater risk than others. TripAdvisor urges passengers to investigate and review travel prohibitions, warnings, announcements and advisories issued by the UK Government, the European Union (EU) and destination country governments prior to booking travel to international destinations. BY LISTING INFORMATION RELEVANT TO TRAVEL TO PARTICULAR INTERNATIONAL DESTINATIONS, TRIPADVISOR DOES NOT REPRESENT OR WARRANT THAT TRAVEL TO SUCH POINTS IS ADVISABLE OR WITHOUT RISK, AND IS NOT LIABLE FOR DAMAGES OR LOSSES THAT MAY RESULT FROM TRAVEL TO SUCH DESTINATIONS.

LIABILITY DISCLAIMER

PLEASE READ THIS SECTION CAREFULLY. THIS SECTION LIMITS TRIPADVISOR'S LIABILITY TO YOU FOR ISSUES THAT MAY ARISE IN CONNECTION WITH YOUR USE OF THIS WEBSITE. IF YOU DO NOT UNDERSTAND THE TERMS IN THIS SECTION OR ELSEWHERE IN THE AGREEMENT, PLEASE CONSULT A LAWYER FOR CLARIFICATION BEFORE ACCESSING OR USING THIS WEBSITE.

THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES PUBLISHED ON THIS WEBSITE MAY INCLUDE INACCURACIES OR ERRORS, INCLUDING RESERVATION AVAILABILITY AND PRICING ERRORS. TRIPADVISOR, ITS SUBSIDIARIES AND CORPORATE AFFILIATES (COLLECTIVELY, THE "TRIPADVISOR MEDIA GROUP COMPANIES") DO NOT GUARANTEE THE ACCURACY OF, AND DISCLAIM ALL LIABILITY FOR, ANY ERRORS OR OTHER INACCURACIES RELATING TO THE INFORMATION AND DESCRIPTION OF THE HOTEL, VACATION RENTAL PROPERTIES, AIR, CRUISE, CAR AND ANY OTHER TRAVEL PRODUCTS DISPLAYED ON THIS WEBSITE (INCLUDING, WITHOUT LIMITATION, THE PRICING, AVAILABILITY, PHOTOGRAPHS, LIST OF HOTEL OR VACATION RENTAL PROPERTY AMENITIES, GENERAL PRODUCT DESCRIPTIONS, REVIEWS AND RATINGS, ETC.). IN ADDITION, TRIPADVISOR EXPRESSLY RESERVES THE RIGHT TO CORRECT ANY AVAILABILITY AND PRICING ERRORS ON OUR WEBSITE AND/OR ON PENDING RESERVATIONS MADE UNDER AN INCORRECT PRICE.

THE TRIPADVISOR MEDIA GROUP COMPANIES MAKE NO REPRESENTATIONS OF ANY KIND ABOUT THE SUITABILITY OF THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES CONTAINED ON THIS WEBSITE (SITE CONTENT) OR ANY PORTION THEROF FOR ANY PURPOSE, AND THE INCLUSION OR OFFERING OF ANY PRODUCTS OR SERVICES ON THIS WEBSITE DOES NOT CONSTITUTE ANY ENDORSEMENT OR RECOMMENDATION OF SUCH PRODUCTS OR SERVICES BY THE TRIPADVISOR MEDIA GROUP COMPANIES. ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND. THE TRIPADVISOR MEDIA GROUP COMPANIES DISCLAIM ALL WARRANTIES, CONDITIONS, OR OTHER TERMS OF ANY KIND THAT THIS WEBSITE, ITS SERVERS OR ANY EMAIL SENT FROM THE TRIPADVISOR MEDIA GROUP COMPANIES, ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW TRIPADVISOR HEREBY DISCLAIMS ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES, INCLUDING ALL IMPLIED WARRANTIES AND CONDITIONS OR TERMS OF ANY KIND AS TO MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, QUIET POSSESSION AND NONINFRINGEMENT.

TRIPADVISOR ALSO EXPRESSLY DISCLAIMS ANY WARRANTY, REPRESENTATION, OR OTHER TERM OF ANY KIND AS TO THE ACCURACY OR PROPRIETARY CHARACTER OF THE SITE CONTENT.

NOTHING IN THIS AGREEMENT SHALL EXCLUE OR LIMIT TRIPADVISOR'S LIABILITY FOR (I) DEATH OR PERSONAL INFURY CAUSED BY NEGLIGENCE; (II) FRAUD; (III) FRAUDULENT MISTATEMENT (IV) DELIBERATE BREACH OR GROSS NEGLIGENCE (V) ANY OTHER LIABILITY WHICH CANNOT BE EXCLUDED UNDER APPLICABLE LAW.

THE THIRD-PARTY SUPPLIERS PROVIDING HOTEL OR VACATION RENTAL PROPERTY INFORMATION, TRAVEL OR OTHER SERVICES ON THIS WEBSITE ARE INDEPENDENT CONTRACTORS AND NOT AGENTS OR EMPLOYEES OF THE TRIPADVISOR MEDIA GROUP COMPANIES. THE TRIPADVISOR MEDIA GROUP COMPANIES ARE NOT LIABLE FOR THE ACTS, ERRORS, OMISSIONS, REPRESENTATIONS, WARRANTIES, BREACHES OR NEGLIGENCE OF ANY SUCH SUPPLIERS OR FOR ANY PERSONAL INJURIES, DEATH, PROPERTY DAMAGE, OR OTHER DAMAGES OR EXPENSES RESULTING THEREFROM. THE TRIPADVISOR MEDIA GROUP COMPANIES HAVE NO LIABILITY AND WILL MAKE NO REFUND IN THE EVENT OF ANY DELAY, CANCELLATION, OVERBOOKING, STRIKE, FORCE MAJEURE OR OTHER CAUSES BEYOND THEIR DIRECT CONTROL, AND THEY HAVE NO RESPONSIBILITY FOR ANY ADDITIONAL EXPENSE, OMISSIONS, DELAYS, RE-ROUTING OR ACTS OF ANY GOVERNMENT OR AUTHORITY.
SUBJECT TO THE FOREGOING, YOU USE THIS WEBSITE AT YOUR OWN RISK AND IN NO EVENT SHALL THE TRIPADVISOR MEDIA GROUP COMPANIES (OR THEIR OFFICERS, DIRECTORS AND AFFILIATES) BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL LOSSSES OR DAMAGES OR ANY LOSS OF INCOME, PROFITS, GOODWILL, DATA, CONTRACTS, USE OF MONEY, OR LOSS OR DAMAGES ARISING FROM OR CONNTECTED IN ANY WAY TO BUSINESS INTERRUPTION OF ANY TYPE ARISING OUT OF, OR IN ANY WAY CONNECTED WITH, YOUR ACCESS TO, DISPLAY OF OR USE OF THIS WEBSITE OR WITH THE DELAY OR INABILITY TO ACCESS, DISPLAY OR USE THIS WEBSITE (INCLUDING, BUT NOT LIMITED TO, YOUR RELIANCE UPON REVIEWS AND OPINIONS APPEARING ON THIS WEBSITE; ANY COMPUTER VIRUSES, INFORMATION, SOFTWARE, LINKED SITES, PRODUCTS, AND SERVICES OBTAINED THROUGH THIS WEBSITE; OR OTHERWISE ARISING OUT OF THE ACCESS TO, DISPLAY OF OR USE OF THIS WEBSITE) WHETHER BASED ON A THEORY OF NEGLIGENCE, CONTRACT, TORT, STRICT LIABILITY, OR OTHERWISE, AND EVEN IF TRIPADVISOR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

THESE TERMS AND CONDITIONS AND FOREGOING LIABLITY DISCLAIMER DO NOT AFFECT MANDATORY LEGAL RIGHTS THAT CANNOT BE EXCLUDED UNDER APPLICABLE LAW.

If the TripAdvisor Media Group Companies are found liable for any loss or damage that arises out of or is in any way connected with your use of our sites or services, then the TripAdvisor Media Group Companies' liabilities will in no event exceed, in the aggregate, the greater of (a) the transaction fees paid to TripAdvisor for the transaction(s) on this Website giving rise to the claim, or (b) One-Hundred Dollars (US $100.00).

The limitation of liability reflects the allocation of risk between the parties. The limitations specified in this section will survive and apply even if any limited remedy specified in these terms is found to have failed of its essential purpose. The limitations of liability provided in these terms inure to the benefit of the TripAdvisor Media Group Companies.

INDEMNIFICATION

You agree to defend and indemnify TripAdvisor and its affiliates and any of their officers, directors, employees and agents from and against any claims, causes of action, demands, recoveries, losses, damages, fines, penalties or other costs or expenses of any kind or nature including but not limited to reasonable legal and accounting fees, brought by third parties as a result of:

(i) your breach of this Agreement or the documents referenced herein;
(ii) your violation of any law or the rights of a third party; or
(iii) your use of this Website.
LINKS TO THIRD-PARTY SITES

This Website may contain hyperlinks to websites operated by parties other than TripAdvisor. Such hyperlinks are provided for your reference only. We do not control such websites and are not responsible for their contents or the privacy or other practices of such websites. Further, it is up to you to take precautions to ensure that whatever links you select or software you download (whether from this Website or other websites) is free of such items as viruses, worms, trojan horses, defects and other items of a destructive nature. Our inclusion of hyperlinks to such websites does not imply any endorsement of the material on such websites or any association with their operators. In some cases you may be asked by a third party site to link your profile on TripAdvisor to a profile on another third party site. Choosing to do so is purely optional, and the decision to allow this information to be linked can be disabled (with the third party site) at any time.

SOFTWARE AVAILABLE ON THIS WEBSITE

Unless otherwise specified, the materials on the websites are presented solely to provide information regarding and to promote TripAdvisor's services, websites, partners and other products available in the United States, its territories, possessions and protectorates. The TripAdvisor websites are controlled and operated by TripAdvisor from its offices in the Commonwealth of Massachusetts in the United States. TripAdvisor makes no representation that materials on the TripAdvisor websites are appropriate or available for use outside of the United States. Those who choose to access the TripAdvisor website from outside of the United States do so on their own initiative and are responsible for compliance with local laws, if and to the extent that local laws are applicable. Software from the TripAdvisor websites is further subject to United States export controls. No software from the TripAdvisor websites may be downloaded or otherwise exported or re-exported (a) into (or to a national or resident of) Cuba, Iraq, Sudan, North Korea, Iran, Syria, or any other country to which the U.S. has embargoed goods, or (b) to anyone on the U.S. Treasury Department list of Specially Designated Nationals or the U.S. Commerce Department's Table of Deny Orders. By using the TripAdvisor websites, you represent and warrant that you are not located in, under the control of, or a national or resident of any such country or on any such list.

Any software that is made available to download from the TripAdvisor websites ("Software") is the copyrighted work of TripAdvisor, or TripAdvisor affiliates, or other third party software as identified. Your use of such Software is governed by the terms of the end user license agreement, if any, which accompanies, or is included with, the Software ("License Agreement"). You may not install or use any Software that is accompanied by or includes a License Agreement unless you first agree to the License Agreement terms. For any Software made available for download on this Website not accompanied by a License Agreement, we hereby grant to you, the user, a limited, personal, nontransferable license to use the Software for viewing and otherwise using this Website in accordance with these terms and conditions and for no other purpose.

Please note that all Software, including, without limitation, all HTML, XML, Java code and Active X controls contained on this Website, is owned by TripAdvisor and/or its affiliates, and is protected by copyright laws and international treaty provisions. Any reproduction or redistribution of the Software is expressly prohibited, and may result in severe civil and criminal penalties. Violators will be prosecuted to the maximum extent possible.

WITHOUT LIMITING THE FOREGOING, COPYING OR REPRODUCTION OF THE SOFTWARE TO ANY OTHER SERVER OR LOCATION FOR FURTHER REPRODUCTION OR REDISTRIBUTION IS EXPRESSLY PROHIBITED. THE SOFTWARE IS WARRANTED, IF AT ALL, ONLY ACCORDING TO THE TERMS OF THE LICENSE AGREEMENT.

COPYRIGHT AND TRADEMARK NOTICES

All contents of this Website are: ©2017 TripAdvisor. All rights reserved. TripAdvisor is not responsible for content on websites operated by parties other than TripAdvisor. TRIPADVISOR, the owl logo, the ratings bubbles and all other product or service names or slogans displayed on this Website are registered and/or common law trademarks of TripAdvisor and/or its suppliers or licensors, and may not be copied, imitated or used, in whole or in part, without the prior written permission of TripAdvisor or the applicable trademark holder. In addition, the look and feel of this Website, including all page headers, custom graphics, button icons and scripts, is the service mark, trademark and/or trade dress of TripAdvisor and may not be copied, imitated or used, in whole or in part, without the prior written permission of TripAdvisor. All other trademarks, registered trademarks, product names and company names or logos mentioned in this Website are the property of their respective owners. Reference to any products, services, processes or other information, by trade name, trademark, manufacturer, supplier or otherwise does not constitute or imply endorsement, sponsorship or recommendation thereof by TripAdvisor.

Notice and Take-Down Policy for illegal content

TripAdvisor operates on a "notice and takedown" basis. If you have any complaints or objections to material or content including User Messages posted on this Website, or if you believe that material or content posted on this Website infringes a copyright that you hold, please contact us immediately by following our notice and takedown procedure. Click here to view the Notice and Takedown Procedure. Once this procedure has been followed TripAdvisor will make all reasonable endeavours to remove illegal content within a reasonable time.

Modifications

TripAdvisor may change, add or delete these Terms and Conditions or any portion thereof from time to time in its sole discretion where it deems it necessary for legal, general regulatory and technical purposes, or due to changes in the services provided or nature or layout of the Website. Thereafter, you expressly agree to be bound by any such amended Terms and Conditions.
TripAdvisor may change, suspend or discontinue any aspect of the TripAdvisor service at any time, including availability of any feature, database or content. TripAdvisor may also impose limits on certain features and services or restrict your access to all or parts of the Website or any other TripAdvisor web site without notice or liability for technical or security reasons, to prevent against unauthorised access, loss of, or destruction of data or where we consider in our sole discretion that you are in breach of any provision of these Terms and Conditions or of any law or regulation and where it decides to discontinue providing a service.
YOUR CONTINUED USE OF TRIPADVISOR NOW, OR FOLLOWING THE POSTING OF ANY SUCH NOTICE OF ANY CHANGES, WILL INDICATE ACCEPTANCE BY YOU OF SUCH MODIFICATIONS.

JURISDICTION AND GOVERNING LAW

This Website is operated by a U.S. entity and this Agreement is governed by the laws of the Commonwealth of Massachusetts, USA. You hereby consent to the exclusive jurisdiction and venue of courts in Massachusetts, USA and stipulate to the fairness and convenience of proceedings in such courts for all disputes arising out of or relating to the use of this Website. You agree that all claims you may have against TripAdvisor arising from or relating to this Website must be heard and resolved in a court of competent subject matter jurisdiction located in the Commonwealth of Massachusetts. Use of this Website is unauthorized in any jurisdiction that does not give effect to all provisions of these terms and conditions, including, without limitation, this paragraph. The foregoing shall not apply to the extent that applicable law in your country of residence requires application of another law and/or jurisdiction and this cannot be excluded by contract.

CURRENCY CONVERTER

Currency rates are based on various publicly available sources and should be used as guidelines only. Rates are not verified as accurate, and actual rates may vary. Currency quotes may not be updated on a daily basis. The information supplied by this application is believed to be accurate, but TripAdvisor, and/or its affiliates do not warrant or guarantee such accuracy. When using this information for any financial purpose, we advise you to consult a qualified professional to verify the accuracy of the currency rates. We do not authorize the use of this information for any purpose other than your personal use and you are expressly prohibited from the resale, redistribution, and use of this information for commercial purposes.

ADDITIONAL MOBILE LICENSES

Portions of TripAdvisor mobile software may use copyrighted material, the use of which TripAdvisor acknowledges. In addition, there are specific terms that apply to use of certain TripAdvisor mobile applications. Please visit the Mobile Licenses page for notices specific to TripAdvisor mobile applications.

GENERAL PROVISIONS

You agree that no joint venture, agency, partnership, or employment relationship exists between you and the TripAdvisor Media Group Companies and/or affiliates as a result of this Agreement or use of this Website.

Our performance of this Agreement is subject to existing laws and legal process, and nothing contained in this Agreement limits our right to comply with law enforcement or other governmental or legal requests or requirements relating to your use of this Website or information provided to or gathered by us with respect to such use. To the extent allowed by applicable law, you agree that you will bring any claim or cause of action arising from or relating to your access or use of this Website within two (2) years from the date on which such claim or action arose or accrued or such claim or cause of action will be irrevocably waived.

If any part of this Agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remaining provisions in the Agreement shall continue in effect.

This Agreement (and any other terms and conditions referenced herein) constitutes the entire agreement between you and TripAdvisor with respect to this Website and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral, or written, between the customer and TripAdvisor with respect to this Website. A printed version of this Agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this Agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.

These Terms and Conditions are available in the language of the Website. The specific Terms and Conditions under to which you signify your agreement will not be individually stored by TripAdvisor.

The Website may not always be updated on a periodic or regular basis and consequently is not required to register as editorial product under any relevant law.

Fictitious names of companies, products, people, characters, and/or data mentioned on this Website are not intended to represent any real individual, company, product, or event.

Any rights not expressly granted herein are reserved.

SERVICE HELP

For answers to your questions or ways to contact us, visit our Help Center. Or, you can write to us at:

TripAdvisor LLC
400 1st Avenue
Needham, MA 02494, USA

©2017 TripAdvisor LLC. All rights reserved.


Terms of Service

Effective July 26, 2016.

Effective September 26, 2016 for players who do not play any Zynga game for the first time between July 26, 2016 and September 26, 2016.

To review a copy of the prior version of Zynga’s Terms of Service, click here.

IMPORTANT NOTICE: FOR U.S. AND CANADIAN PLAYERS, DISPUTES ABOUT THESE TERMS OR RELATING TO ZYNGA SERVICES GENERALLY MUST BE RESOLVED BY BINDING ARBITRATION AND ON AN INDIVIDUAL BASIS ONLY. For more details, go to Section 17.

Please read these Terms of Service and our Privacy Policy carefully before using Zynga Services.

Whenever you use the Services, you agree to be bound by all of the terms and conditions of these Terms of Service. If you don’t agree to all the terms and conditions you must not use our Services.

References to “Zynga,” “Us” or “We” means Zynga Inc and Zynga’s Corporate Family.

Zynga Inc. is located at 699 8th Street, San Francisco, California 94103, if you’re in the United States. If you’re not in the United States, then references to “Zynga,” “Us” or “We” mean Zynga Game Ireland Limited located at 25-28 North Wall Quay, Dublin 1, Ireland.

In all cases, “Zynga,” “Us,” or “We” includes agents, consultants, employees, officers and directors.

1. DEFINITIONS

“Account” means an account you create when you access the Services.

“Community Rules” means the rules of conduct that govern your interaction with our Services and other players and can be found here.

“Feature Terms” means any other rules related to specific services like platforms and APIs, applications for mobile devices, forums, contests, subscriptions or loyalty programs that We may publish which apply to your use of those specific services and state they are part of these Terms.

“Offers” means special programs, including offers, excursions, and special gifts, both digital and tactile, that Zynga may offer from time to time to certain eligible players.

“Services” refers to products, games, services, content, Zynga.com and/or the other domains provided by Zynga.

“Terms of Service” or “Terms” means these terms of service.

“User Content” means all the data that you upload or transmit on or through the Service. This includes things like your profile picture or your in-game chat.

“Virtual Items” means (a) virtual currency, including but not limited to virtual coins, cash, tokens, or points, all for use in the Service and (b) virtual in-game items.

“Zynga Corporate Family” refers to Zynga’s subsidiaries, parent companies, joint ventures and other corporate entities under common ownership and/or any of their agents, consultants, employees, officers and directors.

“Zynga Affiliates” refers to the Zynga Corporate Family plus Zynga’s and the Zynga Corporate Family’s third-party content providers, distributors, licensees or licensors.

2. CHANGES TO THESE TERMS

We reserve the right, at our discretion, to change, modify, add or remove portions of the Terms, Community Rules, Feature Terms, and Privacy Policy at any time by posting the amended Terms, Community Rules, Feature Terms, or Privacy Policy on our sites or within the Service (such as through in-game notices). We may provide additional notice, such as an e-mail message or messaging within the Services, of any material changes. Unless We state otherwise, changes are effective when posted. If you continue to use the Services after the changes are posted you agree to the changes. New versions of the Terms, the Community Rules and the Privacy Policy and any other policies, codes or rules will be accessible at www.zynga.com or from within the Services.

If you have a dispute with Zynga, the version of the Terms, the Community Rules, Feature Terms, and the Privacy Policy in effect at the time Zynga received actual notice of the dispute will apply to such dispute. However, if you keep using the Service after the changes are posted, you are agreeing that the changes apply to your continued use of the Services.

You can’t make changes to the Terms, Community Rules, Feature Terms, or Privacy Policy unless both you and Zynga sign a written amendment.

If the Terms or the Privacy Policy have provisions that conflict with other Zynga terms or policies, the provisions in these Terms and the Privacy Policy win.

3. ACCOUNT INFORMATION AND SECURITY

In order to use our Services, We may ask you to create an Account and select a password and/or provide Us with certain personal information, which may include your name, birth date, e-mail address, and, in some cases, payment information. This information will be held and used in accordance with Zynga's Privacy Policy.

You agree to supply Zynga with accurate, complete, and updated information, particularly your email address.

You are responsible for maintaining the security of your Account. Don’t share your Account details with others or allow others to access or use your Account. You are solely responsible for any activity in your Account whether or not authorized by you, including purchases made using any payment instrument (for example, credit card, PayPal or social network or platform virtual currency).

Tell Us immediately of any actual or suspected loss, theft, fraud, or unauthorized use of your Account or Account password.

4. PRIVACY

Zynga's Privacy Policy tells you how We collect and use information about you and your computer or mobile device, and how you can use the Services to share such information with others. You understand that through your use of our Services you acknowledge the collection, use and sharing of this information as described in Zynga’s Privacy Policy. If you don’t agree with the Privacy Policy, then you must stop using our Services.

We encourage you to read the Zynga Privacy Policy carefully and use it to make informed decisions.

5. USING OUR SERVICES

Who can use our Service: We are excited to have you start playing our games, but there are some limits on who can use our Service.

You may not use our Service if:

You cannot enter into a binding contract with Zynga;
You are under 13 years of age, in which case you must not create an Account, use any part of the Service except games with an age screen after accurately identifying your age, or submit personal information through the Service or to Zynga (for example, name, address, telephone number, email address);
You are not allowed to receive products, including services or software, from the United States, for example if you are located in a country embargoed by the United States or if you are on the U.S. Treasury Department's list of Specially Designated Nationals;
You are a convicted sex offender; or
You have previously been banned from playing any Zynga game or using any Zynga Service.
If you are under the age of 18, or under the age of majority where you live, you represent that your legal guardian has reviewed and agreed to these Terms.

Additional Important Rules and Terms:

If you use our Service, you must follow the Zynga Community Rules and all other Feature Terms that may apply. These additional rules and terms apply in addition to these Terms and are important. Please read them. If you access the Service from a social network or download the Service from another platform, such as Apple or Google, you must also comply with its terms of service/use as well as these Terms.

Accessing our Service:

To access or play our games or create an account with Us, you may need an account with a social network, like Facebook, and, if you are using our mobile Service, an account with the company that provides your mobile applications, like an iTunes account. You may need to update third party software from time to time to receive the Service and play Zynga’s Games.

We provide the games. You provide the equipment (computer, phone, tablet, etc.) and pay any fees to connect to the Internet and app stores, or for data or cellular usage to download and use the Service.

Service Changes and Limitations:

The Service is evolving and We may require that you accept updates to the Service as well as to the Terms, Community Rules, and the Zynga Privacy Policy. From time to time we may make you update the game or your software to continue to use Our Services. We may perform these updates remotely including to Zynga software residing on your computer or mobile device, without notifying you.

Zynga reserves the right to stop offering and/or supporting the Service or a particular game or part of the Service at any time either permanently or temporarily, at which point your license to use the Service or any part of it will be automatically terminated or suspended. If that happens, Zynga is not required to provide refunds, benefits or other compensation to players in connection with discontinued elements of the Service or for virtual goods previously earned or purchased.
ZYNGA MAY, IN ITS SOLE DISCRETION LIMIT, SUSPEND, TERMINATE, MODIFY, OR DELETE ACCOUNTS OR ACCESS TO THE SERVICE OR ANY PORTION OF IT AND PROHIBIT ACCESS TO OUR GAMES AND SITES, AND THEIR CONTENT, SERVICES AND TOOLS, DELAY OR REMOVE HOSTED CONTENT AND ZYNGA IS UNDER NO OBLIGATION TO COMPENSATE YOU FOR ANY SUCH LOSSES OR RESULTS.

If you believe that any action has been taken against your Black Diamond Slots account in error, please visit: http://risingtidegames.helpshift.com/a/black-diamond-casino, or if you believe that any action has been taken against your Natural Motion game account in error, please email contact@naturalmotion.com.

Deleting your Account:

You may stop using the Service at any time and may request that We stop making active use of your data at any time by following the instructions in the Privacy Policy. Unless the local law where you are located requires otherwise, We are not required to provide refunds, benefits or other compensation if you request deletion of your Account.

6. OWNERSHIP; LIMITED LICENSE

Games and Service:

The Service is comprised of works owned by Zynga, and it is protected by copyright, trademark, trade dress, patent and other US and non-US intellectual property and other applicable laws, rules or regulations. Zynga owns, has licensed, or otherwise has rights to use all of the content that appears in the Service. These Terms do not grant you or any other party any right, title or interest in the Service or any content in the Service.

So long as you abide by these Terms and any other rules, including the Community Rules, Zynga grants you a non-exclusive, non-transferable, revocable limited license subject to the limitations in these Terms, to access and use the Service using a Zynga supported web browser or mobile device solely for your own non-commercial entertainment purposes. You agree not to use the Service for any other purpose.

If you violate these Terms, or any of Our other terms that apply to you, We may take action against you, up to and including permanently suspending your account In addition, you may be breaking the law, including violations of Zynga’s intellectual property rights. ANY ATTEMPT BY YOU TO DISRUPT OR INTERFERE WITH THE SERVICE INCLUDING WITHOUT LIMITATION UNDERMINING OR MANIPULATING THE LEGITIMATE OPERATION OF ANY ZYNGA GAME IS A VIOLATION OF ZYNGA POLICY AND MAY BE A VIOLATION OF CRIMINAL AND CIVIL LAWS.

Your Account and Virtual Items:

Regardless of what anything else says in these Terms, the Community Rules, or any other Feature Terms that apply to features you may choose to use, you do not own the Account that you create on Our Service, including in Our games, and your Account is not your property. This also applies to other stuff, like in-game currency or items, regardless of whether you “earned” those items in a game or “purchased” them. Your account and any related items are owned by Zynga. Zynga gives you a limited license to use your account and the related items while We offer the Services

WE MAY DELETE OR TERMINATE ACCOUNTS THAT ARE INACTIVE (I.E., NOT LOGGED INTO) FOR 180 DAYS.

IF YOU WANT US TO DELETE YOUR ACCOUNT, YOU CAN GO HERE FOR INSTRUCTIONS ON HOW TO MAKE THAT REQUEST.

You are not allowed to transfer Virtual Items outside of the Service (i.e., in the “real world”), for example by selling, gifting, or trading them. We won’t recognize those transfers as legitimate. You are not allowed to sublicense, trade, sell or attempt to sell in-game Virtual Items for "real" money, or exchange Virtual Items for value of any kind outside of a game. Any such transfer or attempted transfer is prohibited and void, and We may terminate your Account because of it.

User Content:

If you transmit or upload User Content on the Service, you agree that it will be:

accurate;

not confidential;

not in violation of the law;

not in violation of contractual restrictions or other parties’ rights, and that you have permission from any other party whose personal or other information or intellectual property is contained within the User Content;

free of viruses, adware, spyware, worms or other malicious code;

in compliance with the Zynga Community Rules.

Your User Content will be processed by Zynga in accordance with its Privacy Policy.

You own your User Content, but you give Zynga a perpetual and irrevocable (other than as provided below), worldwide, fully paid-up and royalty free, non-exclusive, license to use your User Content and any modified and derivative works thereof in connection with the Service, including in marketing and promotions. To the extent allowed by applicable laws, you waive any moral rights you may have in any User Content (like the right to be identified as the author of the User Content or the right to object to a certain use of that User Content).

Zynga’s license to your User Content ends when you request deletion of your User Content by submitting a request to privacy@zynga.com, or for Black Diamond Slots, email support@risingtidegames.com , or for Natural Motion games email contact@naturalmotion.com stating that you no longer want Zynga to use your User Content, with the following exceptions

User Content submitted in response to Zynga promotions (which will be subject to the terms of the promotion);

User Content either shared with others which they have not deleted or already used publicly as allowed under these Terms; and

User Content subject to a separate license with Zynga (which will be subject to the terms of such license).

If you request deletion of your User Content we will take reasonable steps to remove your User Content from active use, which may include suppression of your User Content in our systems. However, User Content may persist in our systems, including back-up copies. We may also retain copies of User Content if we are legally required to do so.

When you post your observations and comments on the Service such as in forums, blogs and chat features, We cannot guarantee that other players will not use the ideas and information that you share. If you have an idea or information that you would like to keep confidential and/or don’t want others to use, don’t post it. ZYNGA IS NOT RESPONSIBLE FOR ANY OTHER PERSON’S USE OR APPROPRIATION OF ANY CONTENT OR INFORMATION YOU POST IN ANY FORUMS, BLOGS AND CHAT ROOMS.

7. MONITORING USE OF SERVICE AND USER CONTENT

We have no obligation to monitor User Content and We are not responsible for monitoring the Service for inappropriate or illegal User Content or conduct by other players. That said, We have the right, in our sole discretion, to edit, refuse to post, or remove any User Content.

We may also, at our discretion, choose to monitor and/or record your interaction with the Service or your communications with Zynga or other players (including without limitation chat text and voice communications) when you are using the Service.

We are not responsible for information, materials, products or services provided by other players (for instance, in their profiles). However, if someone is violating these Terms or misusing the Service, please let Us know by using a "Report Abuse" link provided in the Service or contact Us at Customer Support, or for Black Diamond Slots, email support@risingtidegames.com, or, if your report relates to NaturalMotion games, you may also contact Us through the “Support” link on that game’s page found on NaturalMotion’s website.

8. YOUR DEALINGS WITH OTHER PLAYERS

You are responsible for your interactions with other players. If you have a problem with another player, We are not required to get involved, but We can if We desire.

If you have a dispute with another player, you release Zynga and its officers, directors, agents, subsidiaries, joint ventures, and employees, and all Zynga Affiliates from responsibility, claims, demands and/or damages (actual or consequential) of every kind and nature, whether known or unknown, resulting from that dispute or connected to that dispute. This includes damages for loss of profits, goodwill, use or data.

If you live in California, you waive California Civil Code §1542, which says: "A general release does not extend to claims which the creditor does not know or suspect to exist in his or her favor at the time of executing the release, which if known by him or her must have materially affected his settlement with the debtor."

9. PAYMENT TERMS

We provide a service in the form of access to games and Virtual Items. In the Service you may use "real world" money to obtain a limited license to use Virtual Items and/or other goods or services.

How it Works:

You get a limited license to Virtual Items by visiting the purchase page in one of our games and providing billing authorization through the platform on which You are playing (e.g., Facebook, Apple iOS, Android).

On Zynga.com, the payment page will let you know what you can use to pay when you make your purchase. We may change what you can use to pay from time to time, at Our sole discretion. Virtual Items purchased in Our games on other platforms such as Facebook, Apple iOS, or Android will be subject to those platforms’ payment terms and conditions. Zynga does not control how you can pay or how any refunds may be issued on those platforms. Please review those platforms’ terms of service for additional information.

When you get a limited license to use Virtual Items from our Services on Zynga.com, We may send you a confirmation email or text that will have details of the items you have ordered. Please check that the details in the confirmation message are correct as soon as possible and keep a copy of it for your records. Zynga keeps records of transactions in order to deal with any future questions about that transaction.

For Virtual Items, your order will represent an offer to Us to obtain a limited license for the relevant service(s) or virtual in-game item(s) which will be accepted by Us when We make the Virtual Items available in your account for you to use in our games or debit the account through which you paid, whichever comes first. Your limited license to Virtual Items for use in Zynga games is a service provided by Zynga that starts when We accept your payment or redemption of third party virtual currency.

For orders to obtain a limited license to use Virtual Items, by clicking the button on the purchase window or page you:

agree that We may start to supply your purchased Virtual Items immediately after you have clicked that button; and
if you reside in the European Union, you acknowledge that you will therefore no longer have the right to cancel under the EU's Consumer Rights Directive (as implemented by the law of the country where you are located) once we start to supply the Virtual Item.
You understand that while you may “earn” "buy" or "purchase" Virtual Items in our Services, You do not legally "own" the Virtual Items and the amounts of any Virtual Item do not refer to any credit balance of real currency or its equivalent. Any "virtual currency" balance shown in your Account does not constitute a real-world balance or reflect any stored value, but instead constitutes a measurement of the extent of your limited license.

ALL SALES ARE FINAL:

YOU ACKNOWLEDGE THAT ZYNGA IS NOT REQUIRED TO PROVIDE A REFUND FOR ANY REASON, AND THAT YOU WILL NOT RECEIVE MONEY OR OTHER COMPENSATION FOR UNUSED VIRTUAL ITEMS WHEN AN ACCOUNT IS CLOSED, WHETHER SUCH CLOSURE WAS VOLUNTARY OR INVOLUNTARY, OR WHETHER YOU MADE A PAYMENT THROUGH ZYNGA.COM OR ANOTHER PLATFORM SUCH AS APPLE, GOOGLE, FACEBOOK, OR ANY OTHER SITES OR PLATFORMS WHERE WE OFFER OUR SERVICES.

PURCHASES OR REDEMPTIONS OF THIRD PARTY VIRTUAL CURRENCY TO ACQUIRE A LICENSE TO USE VIRTUAL ITEMS ARE NON-REFUNDABLE TO THE FULLEST EXTENT ALLOWED BY LAW.

If you purchase third party currency or choose to make a payment in our Services through a third party (like Facebook, Apple, or Google), you are agreeing to the third party’s payment terms, and Zynga is not a party to the transaction.

Additional Payment Terms:

You agree to pay all fees and applicable taxes incurred by you or anyone using an Account registered to you. Zynga may revise the pricing for the goods and services it licenses to you through the Service at any time.

Subscriptions are also subject to additional terms, which can be found at Subscription Terms.

Billing Support:

For billing support, call our billing support team at 1-800-762-2530 (North America) or your country code + 80011551398 (all other countries). (Please note that telephone support for billing-related issues and questions is available in English only.) These telephone numbers are for billing related issues and questions ONLY. The person that answers the telephone at these billing support telephone numbers will NOT be able to help you with technical issues, game play, or in-game purchasing questions. They really are just there to help with billing questions.

For non-billing customer assistance, please go to https://zyngasupport.helpshift.com/, or for Black Diamond Slots, email support@risingtidegames.com, or for NaturalMotion games you may also obtain customer assistance by clicking on the “Support” link on that game’s page found on NaturalMotion’s website.

10. PROMOTIONS AND OFFERS

From time to time, We may offer limited time promotions.  Please review the official rules (if any) associated with the promotion. They will apply in addition to these Terms.

In addition, from time to time, We may promote Offers.  We are not required to give, and players are not required to accept, any Offer. Offers are not transferable, redeemable or exchangeable for other things of value, except at our sole discretion.  If you accept any Offer, you may have to sign a declaration of eligibility and liability release, or sign other paperwork in order to get the Offer.  Some Offers will be subject to taxes and other charges, travel, or activities outside of the virtual world, all of which will be disclosed before You accept the offer.  If you accept an Offer you also assume all liability associated with the Offer.

THIRD PARTY ADVERTISING

Our Service and our games may feature advertisements from Us or other companies.  Our Privacy Policy explains what information We share with advertisers. Please read it.

Sometimes We provide links in Our games or on the Service to other companies’ websites or to companies who invite you to participate in a promotional offer and offer you some feature of the Service or upgrade (such as in-game currency) in exchange. Any charges or obligations you take on in dealing with these other companies are your responsibility.

We make no representation or promises about any content, goods or services these other companies provide, even if linked to or from Our Service or games. Also, just because We allow a link to be included in Our games or Service does not mean We endorse that linked site. We are not liable for any claim relating to any content, goods and/or services of third parties.

Please also note that the linked sites are not under our control and may collect data or ask you to provide them with your personal or other information, or they may automatically collect information from you. When you use other companies’ services like these, the other company’s service may (or may not) ask you for permission to access your information and content. We are not responsible for these other companies’ content, business practices or privacy policies, or for how they collect, use or share the information they get from you.

12. COPYRIGHT NOTICES/COMPLAINTS

We respect the intellectual property rights of others and ask that you should, too. We respond to notices of alleged copyright infringement that comply with the Digital Millennium Copyright Act (“DMCA”) and similar or equivalent local laws that may apply. For more information, please go to Zynga's Copyright Page to review our DMCA Notification Guidelines. We reserve the right to terminate any player's access to the Service if We determine that the player is a "repeat infringer." We do not have to notify the player before We do this. We also accommodate and do not interfere with standard technical measures copyright owners use to protect their materials.

13. FEEDBACK AND Unsolicited Ideas

Sometimes, We may request your feedback on certain features through a promotion or our customer insights program. Any feedback you provide at Our request through a promotion or program is subject to the rules of the specific promotion or program.

Any idea, information or feedback you submit to us without Our specific request is subject to Our Unsolicited Ideas Policy.

14. WARRANTY DISCLAIMER; SERVICES AVAILABLE ON AN “AS IS” BASIS

Neither Zynga nor any Zynga Affiliate makes any promise or guarantee that the Service will be uninterrupted or error-free.

USE OF THE SERVICE IS AT YOUR SOLE RISK. IT IS PROVIDED ON AN "AS IS" BASIS. TO THE EXTENT PERMITTED BY APPLICABLE LAW, ZYNGA AND ANY ZYNGA AFFILIATE MAKE NO WARRANTIES, CONDITIONS OR OTHER TERMS OF ANY KIND, EITHER EXPRESS OR IMPLIED, ABOUT THE SERVICES. ZYNGA AND ANY ZYNGA AFFILIATE DISCLAIM ANY WARRANTIES OF TITLE OR IMPLIED WARRANTIES, CONDITIONS OR OTHER TERMS OF NON-INFRINGEMENT, MERCHANTABILITY, QUIET ENJOYMENT OR FITNESS FOR A PARTICULAR PURPOSE.

If your state or country does not allow these disclaimers, they do not apply to you. If your state or country requires a certain period for which a warranty applies, it will be either the shorter of 30 days from your first use of the Service or the shortest period required by law.

15. LIMITATIONS; WAIVERS OF LIABILITY

YOU ACKNOWLEDGE THAT ZYNGA AND THE ZYNGA AFFILIATES ARE NOT LIABLE (1) FOR ANY INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES, INCLUDING FOR LOSS OF PROFITS, GOODWILL OR DATA, IN ANY WAY WHATSOEVER ARISING OUT OF THE USE OF, OR INABILITY TO USE, THE SERVICE; OR (2) FOR THE CONDUCT OF THIRD PARTIES, INCLUDING OTHER USERS OF THE SERVICE AND OPERATORS OF EXTERNAL SITES.

THE RISK OF USING THE SERVICE AND EXTERNAL SITES RESTS ENTIRELY WITH YOU AS DOES THE RISK OF INJURY FROM THE SERVICE AND EXTERNAL SITES.

TO THE FULLEST EXTENT ALLOWED BY ANY LAW THAT APPLIES, THE DISCLAIMERS OF LIABILITY IN THESE TERMS APPLY TO ALL DAMAGES OR INJURY CAUSED BY THE SERVICE, OR RELATED TO USE OF, OR INABILITY TO USE, THE SERVICE, UNDER ANY CAUSE OF ACTION IN ANY JURISDICTION, INCLUDING, WITHOUT LIMITATION, ACTIONS FOR BREACH OF WARRANTY, BREACH OF CONTRACT OR TORT (INCLUDING NEGLIGENCE).
TO THE MAXIMUM EXTENT PERMISSIBLE UNDER APPLICABLE LAWS, THE TOTAL LIABILITY OF ZYNGA AND/OR THE ZYNGA AFFILIATES IS LIMITED TO THE TOTAL AMOUNT YOU HAVE PAID ZYNGA AND/OR THE ZYNGA AFFILIATE IN THE ONE HUNDRED AND EIGHTY DAYS (180) DAYS IMMEDIATELY PRECEDING THE DATE ON WHICH YOU FIRST ASSERT ANY SUCH CLAIM.

IF YOU HAVE NOT PAID ZYNGA OR ANY ZYNGA AFFILIATE ANY AMOUNT IN THE ONE HUNDRED AND EIGHTY DAYS (180) DAYS IMMEDIATELY PRECEDING THE DATE ON WHICH YOU FIRST ASSERT ANY SUCH CLAIM, YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY DISPUTE WITH ZYNGA AND/OR ANY ZYNGA AFFILIATE IS TO STOP USING THE SERVICE AND TO CANCEL YOUR ACCOUNT.

Some states or countries do not allow the exclusion of certain warranties or the limitations/exclusions of liability described above. So these limitations/exclusions may not apply to you if you reside in one of those states or countries.

16. INDEMNITY

If you use or misuse the Service, or if you violate these Terms or any other applicable rules, including the Community Rules or Feature Terms, and that results in loss or damage or in a claim or liability against Zynga or any Zynga Affiliate, you agree to indemnify, defend and hold harmless Zynga and/or the Zynga Affiliate (which means you agree to compensate Zynga and/or the Zynga Affiliate on a "dollar for dollar" basis) for that loss, damage, claim or liability, including compensating Zynga and/or the applicable Zynga Affiliate for our legal fees or expenses. If Zynga or the Zynga Affiliate wants to, they are allowed to take exclusive charge of the defense of any case on which you are required to compensate or reimburse them, and it will be at your expense. You also have to cooperate in Zynga’s and/or the Zynga Affiliate’s defense of these cases. Zynga and/or the Zynga Affiliate will use reasonable efforts to let you know if they learn of any claim on which you have to compensate or reimburse them. This will apply even if you stop using the Services or your account is deleted.

17. AGREEMENT TO ARBITRATE AND CLASS ACTION WAIVER

THIS SECTION ONLY APPLIES TO PLAYERS IN THE US AND CANADA.

If you are having a problem with the Service, many issues can be resolved on one of our forums. For issues relating to certain NaturalMotion games, you may find resolution by clicking on the “Support” link on that game’s page on NaturalMotion’s website.

Before bringing a formal legal case, first contact our Customer Support team at https://zyngasupport.helpshift.com, or for Black Diamond Slots, email support@risingtidegames.com, or for Natural Motion games email contact@naturalmotion.com to address your issue Most disputes can be resolved that way.

We Both Agree to Arbitrate

If we can’t resolve our dispute through Customer Service, you and Zynga or any member of the Zynga Corporate Family all agree to resolve any claims relating to the Terms, the Privacy Policy, Feature Terms or Zynga’s Services through final and binding arbitration. This applies to all kinds of claims under any legal theory, unless the claim fits in one of the exceptions in the Exceptions to Agreement to Arbitrate sub-section. It also applies even after you stopped using your Zynga account or deleted it.

An arbitration proceeding is before a neutral arbitrator instead of a judge and jury, so we are all giving up our right to a trial before a judge and jury. Arbitrations have different rules than lawsuits in court. They are less formal than lawsuits in courts, and provide limited opportunity to force the other side to share information relevant to the dispute—a process called discovery. The arbitrator can award the same damages and relief on an individual basis that a court can award to an individual. But, if any of us does not like the arbitrator’s decision, the courts only have a limited ability to change the outcome of arbitration or make the arbitrator reconsider his or her decision.

If we have a dispute about whether this agreement to arbitrate can be enforced or applies to our dispute, we all agree that the arbitrator will decide that, too.

In addition, if you, Zynga or a Zynga Corporate Family member brings a claim in court that should be arbitrated or any of us refuses to arbitrate a claim that should be arbitrated, the other of us can ask a court to force us to go to arbitration to resolve the claim (i.e., compel arbitration). You, Zynga or the Zynga Corporate Family member may also ask a court to halt a court proceeding while an arbitration proceeding is ongoing.

The Arbitration Process

The American Arbitration Association (AAA) will run the arbitration between you and Zynga or the Zynga Corporate Family member, and AAA’s then-current rules and procedures (including their Supplementary Procedures for Consumer-Related Disputes) will be used. If something in these Terms is different than AAA’s rules and procedures, then we will follow these Terms instead. You can look at AAA’s rules and procedures on their website www.adr.org or you can call them at 1-800-778-7879.

To start an arbitration proceeding, use the form on AAA’s website (www.adr.org) or call them at 1-800-778-7879.

Exceptions to Agreement to Arbitrate

We all agree that we will go to court to resolve disputes relating to

Your, Zynga’s, or a Zynga Corporate Family member’s intellectual property (for example, trademarks, trade dress, domain names, trade secrets, copyrights or patents); or

your violation of the Community Rules.

For more information about which court we can go to for resolving these types of disputes, see Section 19 (Venue for Legal Disputes Not Subject to Arbitration).

No Class Actions

We all agree that we can only bring a claim against each other on an individual basis.

That means:

Neither you nor Zynga nor any member of the Zynga Corporate Family can bring a claim as a plaintiff or class member in a class action, consolidated action or representative action.
The arbitrator cannot combine more than one person’s claim into a single case, and cannot preside over any consolidated, class or representative arbitration proceeding (unless we both agree to change this).
The arbitrator’s decision or award in one person’s case can only impact the person who brought the claim, not other Zynga players, and cannot be used to decide other disputes with other players.
If a court decides that this subsection on “No Class Actions” is not enforceable or valid, then the entire Section 17 (Agreement to Arbitrate and Class Action Waiver) will be null and void (i.e., go away). But, the rest of the Terms, Feature Terms, Community Rules, and Privacy Policy will still apply.

Changes to Section 17 on Agreement to Arbitrate and Class Action Waiver

We will give you 60-days’ notice by email or through the Service if We change Section 17 on our Agreement to Arbitrate and Class Action Waiver.

18. APPLICABLE LAW

The Federal Arbitration Act (including its procedural provisions) is the law that will be applied to determine whether Section 17 (Agreement to Arbitrate and Class Action Waiver) can be enforced and how it should be interpreted.

Apart from that, if you are United States resident, these Terms and our relationship will be governed by California law, except for its conflicts of laws principles.
If you reside outside the United States these Terms and our relationship will be governed by Irish law, except for its conflicts of laws principles.

19. VENUE FOR LEGAL DISPUTES NOT SUBJECT TO ARBITRATION

If you are a United States resident, judicial proceedings (other than small claims actions) that are excluded from the Arbitration Agreement in Section 17 must be brought in state or federal court in San Francisco, California, unless we both agree to some other location You and Zynga both consent to venue and personal jurisdiction in San Francisco, California.
If you reside outside the United States, judicial proceedings must be brought in the courts of Ireland, unless we both agree to some other location, and you and Zynga both consent to venue and personal jurisdiction in Ireland.

20. SEVERABILITY

Except as described in Section 17 under the “No Class Actions” heading, if any part of these Terms, Feature Terms, Community Rules or the Privacy Policy is not enforceable, the rest of these Terms, Feature Terms, Community Rules and the Privacy Policy still applies and is binding and any unenforceable term will be substituted reflecting our intent as closely as possible.

21. ASSIGNMENT

We may give our rights, or Our obligations, under these Terms, Feature Terms, Community Rules, or our Privacy Policy to any person or entity at any time with or without your consent. You may not give your rights or your obligations under these Terms, Feature Terms, Community Rules, or our Privacy Policy without first getting Zynga’s written consent, and any attempt to do so without our consent is void.

22. ENTIRE AGREEMENT

These Terms, and any other policies or rules We reference in these Terms, make up the entire agreement between you and Us relating to the subject matter of these Terms, and supersede all prior understandings of the parties relating to the subject matter of these Terms, whether those prior understandings were electronic, oral or written, or whether established by custom, practice, policy or precedent, between you and Us.

23. LANGUAGE OF THE TERMS

If We provide a translated version of these Terms, Feature Terms, the Community Rules, the Zynga Privacy Policy, or any other terms or policy, it is for informational purposes only. If the translated version means something different than the English version, then the English meaning will be the one that applies.

24. NO WAIVER

If We do not enforce a provision of these Terms, Feature Terms, the Community Rules, or our Privacy Policy, that does not waive our right to do so later. And, if We do expressly waive a provision of these Terms, Feature Terms, the Community Rules, or our Privacy Policy that does not mean it is waived for all time in the future. Any waiver must be in writing and signed by both you and Us to be legally binding.

25. NOTICES

We may notify you by posting something on www.zynga.com, or in the Zynga game(s) you play, and sending you an e-mail or using other ways of communicating with you based on the contact information you provide to Us.

If you are a player in the United States, and you have to give Us notice of something according to the Terms, Feature Terms, Community Rules, or our Privacy Policy, the notice must be in writing and addressed to Zynga Inc., Attn: LEGAL DEPARTMENT, 699 8th Street, San Francisco, CA 94103, unless we have provided a more specific method way of notifying us.

If you are a player outside of the United States, and you have to give Us notice of something according to the Terms, Feature Terms or the Zynga Privacy Policy, the notice must be in writing and addressed to: Zynga Game Ireland Limited located at 25-28 North Wall Quay, Dublin 1, Ireland, unless we have provided a more specific method way of notifying us.

Any attempted notice that does not follow these rules has no legal effect.

26. EQUITABLE REMEDIES

You agree that given the unique and irreplaceable nature of the rights granted and obligations made under these Terms and the Community Rules, if you breach these Terms, Feature Terms, Community Rules and/or our Privacy Policy, or intend to breach these Terms, Feature Terms, Community Rules or Privacy Policy, money damages alone will not be enough to repair the harm to Zynga. Therefore, for disputes that are not required to be resolved through arbitration as described in Section 17, Zynga may seek injunctive or other equitable relief (e.g., get a court order to make you stop doing whatever you’re doing that is causing harm) if you breach or intend to breach these Terms, Feature Terms, Community Rules or our Privacy Policy and Zynga does not have to post any bond or surety or submit proof of damages.

You agree to limit your claims to claims for money damages, as limited by Section 15 (Limitations; Waivers of Liability). And, you agree not to seek injunctive or equitable relief or otherwise seek to stop Us from operating any aspect of the Service or any Zynga Game.

27. FORCE MAJEURE

We are not liable for any changes or problems out of our control, for example changes or problems caused by like natural disasters, war, terrorism, riots, embargoes, acts of civil or military authorities, fire, floods, accidents, network infrastructure failures, strikes, or shortages of transportation facilities, fuel, energy, labor or materials.