Terms of Service
Effective Date: 23 February 2025
Welcome to Snowy Mountain Software, a DBA of ZYEYZ, LLC ("Company," "we," "our," or "us"). These Terms of Service ("Terms") govern your use of our website, snowymountainsoftware.com and associated web sites (the "Service"). By accessing or using our Service, you agree to comply with and be bound by these Terms. If you do not agree to these Terms, you may not use our Service.
1. Acceptance of Terms
By creating an account, purchasing access, or otherwise using our Service, you acknowledge that you have read, understood, and agree to these Terms. We may update these Terms from time to time, and continued use of our Service constitutes acceptance of any modifications.
2. Description of Service
Snowy Mountain Software provides paid access to content hosted on our website. Users may access these games based on their purchased access level. All purchases are final and non-refundable, except as required by law.
3. User Accounts
a. Registration Requirements
To use our Service, you must create an account. By registering, you agree to:
- Provide accurate, complete, and up-to-date information.
- Maintain the confidentiality of your account credentials.
- Accept responsibility for all activities under your account.
We reserve the right to suspend or terminate accounts with inaccurate or fraudulent information.
b. Account Security
You are responsible for keeping your login credentials secure. If you suspect unauthorized access to your account, you must notify us immediately at customerservice@zyeyz.com. We are not liable for losses resulting from unauthorized use of your account.
c. Account Termination
We may suspend or terminate your account if you violate these Terms. If your account is terminated due to a breach, you forfeit any rights to refunds or continued access to our Service.
4. Payment, Fees, and Refunds
a. Pricing and Payments
Access to our games is available through paid plans. Pricing is displayed on our website and may change at our discretion. Payments are processed securely through third-party payment providers, and we do not store payment details.
b. No Refund Policy
All purchases are final and non-refundable, except where required by applicable law. If you experience technical issues preventing access to your purchase, contact support for assistance.
c. Taxes
You are responsible for any applicable taxes, including VAT or sales tax, based on your location.
5. Permitted and Prohibited Uses
a. Permitted Uses
You may use the Service only for personal, non-commercial entertainment. Any other use requires explicit written permission.
b. Prohibited Conduct
You must not:
- Share or resell account access.
- Reverse-engineer, modify, or attempt to exploit our software.
- Use automated tools (bots, scripts) to access our Service.
- Engage in fraud, harassment, or illegal activity.
- Disrupt or interfere with the Service or other users.
Violation of these rules may result in immediate account termination without refund.
6. Intellectual Property
a. Ownership
All games, software, graphics, and content on snowymountainsoftware.com and associated web sites are owned by Snowy Mountain Software or licensed to us. You do not gain ownership of any intellectual property through use of the Service.
b. Limited License
We grant you a limited, non-exclusive, non-transferable right to access content and play games available through your purchase. You may not copy, modify, distribute, or sublicense any content.
c. Copyright Infringement
If you believe your copyrighted work has been used in violation of intellectual property laws, please contact us at customerservice@zyeyz.com.
7. Service Availability and Modifications
a. No Guarantee of Availability
We strive to provide reliable access to our Service but do not guarantee uptime. Service interruptions may occur due to maintenance, technical issues, or force majeure events.
b. Modification of Service
We reserve the right to modify, update, or discontinue any aspect of our Service at any time. Continued use after changes are made constitutes acceptance of those changes.
8. Disclaimers and Limitation of Liability
a. Disclaimers
- Our Service is provided "as is" and "as available" without warranties of any kind.
- We do not guarantee uninterrupted, error-free, or virus-free access.
- We are not responsible for third-party services, including payment processors.
b. Limitation of Liability
To the maximum extent permitted by law, Snowy Mountain Software and its affiliates are not liable for:
- Any indirect, incidental, or consequential damages.
- Loss of data, profits, or business resulting from Service use.
- Unauthorized access to user accounts due to user negligence.
If our liability is found, damages are limited to the amount paid for the Service in the last 12 months.
9. Indemnification
You agree to indemnify, defend, and hold harmless Snowy Mountain Software and its affiliates from any claims, losses, liabilities, or damages resulting from your violation of these Terms or misuse of the Service.
10. Governing Law and Dispute Resolution
a. Governing Law
These Terms are governed by the laws of the state of Montana and the United States of America, without regard to conflicts of law principles. If you don't agree with the governing law, you are not allowed to use our Service.
b. Dispute Resolution
Any disputes shall be resolved through binding arbitration in the Fergus County Justice Court, located in Lewistown, Montana, unless arbitration is not permitted by law. Users waive their right to a jury trial or class action.
11. Changes to These Terms
We may update these Terms at any time. Users will be notified of significant changes via email or website notifications. Continued use of the Service after updates constitutes acceptance of the revised Terms.
12. Contact Information
For questions regarding these Terms, contact us at:
Snowy Mountain Software
DBA of ZYEYZ, LLC
Email: customerservice@zyeyz.com