These Terms of Service ("Terms") are a legally binding agreement between you, the user, and ZERG STUDIO LLC., a limited liability company ("ZERG", "we", "us", or "our"). By accessing and using our website, located at zerg.studio (the "Website"), as well as any other services and features provided by us (collectively, the "Services"), you agree and acknowledge that you have read, understood, and agree to be bound by these Terms.
ZERG STUDIO is a creative and innovative platform offering a broad catalog of digital collectibles, upgrades, avatars, and unique gaming experiences. Our aim is to provide a vibrant digital ecosystem where users can engage with our products and each other, fostering a dynamic and interactive community.
By using our Services, you represent and warrant that you have the full legal capacity to enter into this agreement, and you accept these Terms in full. If you disagree with these Terms or any part of them, you must not use our Services.
Our Services offer a diverse range of digital products, from digital collectibles and avatars to immersive gaming experiences. Many of these digital assets can be upgraded, customized, and interacted with, providing a dynamic and evolving user experience.
Through our partnership with Awardable, we offer the Points system as a virtual currency for our platform. Users can use Points to unlock various forms of content, experiences, and digital assets on our platform.
In addition, users have the option, at their own risk, to mint our digital assets as Non-Fungible Tokens (NFTs) on various blockchains, including Ethereum and Polygon. Once an asset is minted, the responsibility for its safekeeping and any associated risks are transferred to the user. ZERG is not responsible for any loss, theft, or damage, whether direct or indirect, that may occur as a result of the minting process. However, blockchain usage is not a prerequisite for participation in our platform, as many of our products and services are not based on blockchain technology.
All acquisitions of ZERG assets are final and non-negotiable, whether Points, digital collectibles, avatars, upgrades, or any other items or services offered on our platform. Once you commit to a purchase, understand that it's a binding agreement where the expectation is an irreversible exchange. You acknowledge that you will not be entitled to any refunds, be it in cash or other forms of compensation, for any unused Points or items, regardless of your account status.
Concerning chargebacks:
a. Contacting Customer Support: Before resorting to a chargeback, we strongly encourage you to contact our customer support team first. Many billing issues can be amicably resolved without needing to initiate a chargeback.
b. Account Suspension: If you dispute a charge on your account or initiate a chargeback request with your credit card provider, we reserve the right to suspend or terminate access to products, services, or communities immediately.
c. Digital Assets Consequences: Chargebacks initiated by you, the user, against ZERG may result in the revocation or defacement of any digital assets associated with your account at ZERG's sole discretion.
d. Consequences of Unauthorized Chargebacks: If you initiate a chargeback that contradicts our terms, you'll be responsible for any costs or fees we encounter as a consequence. We may also consider legal avenues to recover these costs.
e. Multiple Chargebacks: Continual or multiple chargeback requests can erode the trust we place in our users. Such actions could culminate in a permanent ban from our platform and services.
f. Retrieval of assets: ZERG also reserves the right to revoke or deface any digital assets associated with your account in the event of a chargeback without returned assets.
Using our platform, you acknowledge that you've read, understood, and agreed to these terms. Engaging with our services implies an agreement to these conditions.
Upon purchasing and/or minting a digital asset from ZERG, you assume all risks associated with the ownership, possession, and use of the asset. ZERG is not responsible for any loss, damage, or liability arising from your ownership, possession, or use of the asset.
To access and utilize our Services, you must register and create an account with Awardable, aka AWRD, aka awrd.gg. During registration, you will be required to provide certain information. You represent and warrant that all information provided to us during the registration process and thereafter is true, accurate, current, and complete. You agree to update your information as necessary to maintain its truth and accuracy.
By registering and creating an account with Awardable, you also agree to abide by Awardable's terms and policies, which govern the use of their platform and services. Failure to comply with Awardable's terms and policies may result in restrictions or termination of your access to our Services.
Points are a proprietary feature of our partner, Awardable. They serve as a virtual currency within our platform, allowing registered users to unlock, access, and customize various digital assets and experiences. However, Points are not equivalent to real currency, do not accrue interest, and have no cash value. They cannot be exchanged or redeemed for real currency, goods, or any other items of monetary value from ZERG, Awardable, or any other party.
ZERG and/or its licensors, as applicable, retain all proprietary rights in the Website and the Services provided on the Website. As an owner of a ZERG collectible, you are granted a non-exclusive commercial license for the duration of your ownership of the asset. This license permits you to utilize the collectible and derivatives in most commercial ways, subject to the restrictions outlined in these Terms and any applicable laws.
However, this license does not permit you to use the collectible in a way that promotes hate speech, engages in criminal activity, or otherwise violates these Terms. ZERG retains the right to revoke this license at any point for such reasons.
As a user of our Services, you agree to conduct yourself in a manner that respects the rights and dignity of others. You are strictly prohibited from using our Services for any unlawful purposes or engaging in any conduct that is disruptive, harmful, or otherwise objectionable.
We reserve the right to suspend or terminate your access to our services or community, at our sole discretion, at any time and without notice or explanation, under certain circumstances, including but not limited to breach of these Terms.
In the event of any dispute arising from, or related to, these Terms or your use of our Services, the dispute will be governed and construed in accordance with the laws of the jurisdiction where we are established, excluding its conflicts of law rules.
Under no circumstances shall ZERG, its affiliates, directors, employees, or licensors be liable for any indirect, punitive, incidental, special, consequential, or exemplary damages, including without limitation damages for loss of profits, goodwill, use, data, or other intangible losses, arising out of or relating to the use of, or inability to use, our Services.
We value your privacy. Our Privacy Policy, which is incorporated into these Terms by reference, explains how we collect, use, and protect your personal information. Please review our Privacy Policy before using our Services.
We reserve the right to modify these Terms at any time. If we make changes, we will notify you by revising the date at the top of these Terms and, in some cases, we may provide you with additional notice. Your continued use of our Services after the effective date of the revised Terms constitutes your acceptance of the new Terms.
If you have any questions about these Terms, please contact us at business@zerg.studio.
ZERG STUDIO LLC., a limited liability company ("ZERG", "we", "us", or "our"), values the privacy of the users of our website at zerg.studio (the "Website"), as well as our other services and features (collectively, the "Services"). This Privacy Policy explains how we collect, use, and protect your personal information.
We collect information necessary to identify our customers and provide a seamless e-commerce experience, including external account connections such as Google, Twitter, Discord, etc. Our partner, Awardable, utilizes Stripe for points, which collects payment information and identifying information as per their jurisdiction. We adhere to an as-needed approach to user data and never over-collect.
The information is used to enhance the user experience, identify our customers, and comply with laws and regulations. The data collected is related to the products or services you use.
We share information with analytics providers like Google Analytics 4, Microsoft Clarity, and Google Tag Manager. Additionally, we share user information with Awardable to offer a Points-driven service.
We utilize operational cookies, tracking pixels, and other tracking technologies to provide a better user experience and enhance our marketing efforts.
All of our data is stored securely with strict provisioned access, ensuring the confidentiality and integrity of your information.
We retain data only as long as needed to complete service, and we take extra steps to anonymize information whenever possible.
We do not target children and restrict services to adults 18 and over.
Users have access under their jurisdictional privacy framework, allowing adherence to various requirements, including deletion, access, transfer, etc. We require 30 days notice for such requests.
We share data internationally among team members to complete platform work and upgrades, always in a compliant manner.
We may link to recognized and trusted partners, like Awardable. We are not responsible for the privacy practices of these third-party sites.
We comply with all applicable privacy and data protection laws and frameworks.
If you have any questions or concerns regarding this Privacy Policy, please contact us at business@zerg.studio.
We will notify users of any changes to this Privacy Policy through platform notification and announcement.