Last Updated: November 17, 2024

Effective Date: November 17, 2024

Welcome to Topya!

This Topya Terms of Service (hereinafter referred to as "this Agreement") is a binding legal agreement between you and Topya (hereinafter referred to as "Topya", "we", "us", or "our") regarding the use of Topya gaming platform (hereinafter referred to as "the Platform" or "Service").

We hereby remind you to read this Agreement carefully and fully understand the terms and conditions herein, especially the Disclaimers, Limitation of Liabilities, Privacy Policy, Usage Rules, and Dispute Resolution sections.

You agree that by clicking the "Agree" button or accessing or using Topya and its services, you are deemed to have read, understood, and agreed to be bound by this Agreement. If you do not agree with this agreement, please do not use Topya or its services.

Table of Contents

  1. General Terms
  2. Permitted License Uses
  3. Topya Services
  4. Restrictions on Use
  5. Intellectual Property and Ownership
  6. User Responsibilities
  7. Updates and Modifications
  8. Third-Party Content and Services
  9. Fees and Advertisements
  10. Privacy Policy
  11. Termination and Breach of Contract
  12. Indemnification
  13. Disclaimers
  14. Limitation of Liabilities
  15. Governing Law and Dispute Resolution
  16. Miscellaneous

Questions or Comments?

Contact us at: support@zipdrama.io

1. General Terms

1.1 Service Definition

The Service under this Agreement refers to the various services that we provide you via Topya, including but not limited to:

Important: We are not the developers or publishers of the games available on our platform. We serve solely as a platform for game distribution and access.

1.2 Scope of Agreement

This Agreement applies to all products and services provided by Topya, including web applications, mobile applications, APIs, and any other forms that may be available in the future.

1.3 Protection of Minors

If you are under the age of 18 (or under the age of majority in your jurisdiction), you represent that you have reviewed this Agreement with your parent or legal guardian and that you and your parent or guardian understand and consent to this Agreement.

If you are a parent or guardian permitting a minor to use Topya, you agree to:

1.4 Updates of this Agreement

We reserve the right to modify this Agreement as necessary. The updated Agreement will supersede the original Agreement and will be announced on Topya. Your continued use of the Service after such modifications constitutes your acceptance of the updated Agreement. If you do not accept the updated Agreement, please stop using Topya.

2. Permitted License Uses

Subject to the terms and conditions of this Agreement, Topya grants you a non-exclusive, non-sublicensable, personal, revocable, limited license to access and use the Platform and Service.

You may access, use, and interact with the Service on your legally owned device for non-commercial purposes. We reserve all rights not expressly granted to you in this Agreement.

Important: If you wish to obtain any commercial rights or uses not specified in this Agreement, you must obtain formal written permission from us.

3. Topya Services

3.1 Service Overview

Topya is a gaming platform that provides the following services:

3.1.1 Game Browsing and Discovery

Browse and discover a curated collection of HTML5 games across various categories.

3.1.2 Instant Game Playing

Play games directly in your browser without downloading or installation.

3.1.3 Personalized Recommendations

Receive game recommendations based on your preferences and playing history.

3.1.4 Account Services (Optional)

Create an account to save game progress, manage favorites, and customize your experience.

3.1.5 Search and Filtering

Search for games and filter by category, rating, or other criteria.

3.1.6 Community Features

Engage with game ratings, reviews, and other community-driven content.

3.2 Service Modifications

We may adjust, update, add, or discontinue features and services from time to time based on user needs or operational requirements. We will make reasonable efforts to notify you of significant changes.

3.3 Advertisements and Promotions

We may display advertisements, promotional content, or sponsored content during your use of the Service. If you do not wish to receive personalized advertisements, you can adjust your settings or disable advertising identifiers on your device.

3.4 Service Availability

You understand and agree that the Service may be temporarily suspended or terminated due to maintenance, updates, technical issues, or as required by law or regulatory authorities.

4. Restrictions on Use

4.1 Prohibited Activities

You shall not engage in any of the following activities when using Topya:

4.1.1 Illegal Content

Do not post, transmit, or store content that:

4.1.2 Unauthorized Access and Use

Do not:

4.1.3 Commercial Use Without Permission

Do not:

4.1.4 Abuse and Harassment

Do not harass, abuse, threaten, or intimidate other users or our staff.

4.2 Compliance

You agree to comply with all applicable laws and regulations when using the Service, including but not limited to copyright laws, data protection laws, and export control regulations.

5. Intellectual Property and Ownership

We reserve all intellectual property rights to the Platform and Service, including but not limited to:

The above intellectual property rights are protected by copyright, trademark, patent, and other intellectual property laws and international treaties.

Game Content: Games available on Topya are the intellectual property of their respective developers and publishers. We do not claim ownership of third-party game content.

6. User Responsibilities

6.1 Account Security

If you create an account, you are responsible for:

6.2 Device and Internet Connection

You are responsible for:

6.3 Content You Access

You are responsible for evaluating the accuracy, completeness, and usefulness of any content you access through the Service. We are not liable for any losses or damages arising from your reliance on such content.

6.4 Backup and Data Loss

While we make reasonable efforts to maintain the Service, we recommend backing up any important data. To the maximum extent permitted by law, we are not responsible for data loss or corruption.

6.5 Consequences of Violations

If you violate this Agreement, we may:

You agree to indemnify us for any damages or losses we suffer as a result of your violations.

7. Updates and Modifications

We may update the Platform and Service from time to time to:

Some updates may be automatic, while others may require your action. We will notify you of significant updates through appropriate channels (in-app notifications, email, etc.).

Browser-Based Service: As Topya is primarily a web-based platform, updates are generally applied server-side. You may need to refresh your browser to see the latest version.

8. Third-Party Content and Services

8.1 Third-Party Games

Topya provides access to games developed by third parties. These games are governed by their own terms of service and privacy policies. We are not responsible for:

8.2 External Links

The Service may contain links to third-party websites or services. We are not responsible for the content, accuracy, or practices of third-party sites. We encourage you to review their terms and privacy policies before engaging with them.

8.3 Third-Party Services

We may use third-party services for analytics, advertising, hosting, or other operational purposes. These third parties operate according to their own terms and privacy policies.

Disclaimer: Any interactions you have with third-party games, websites, or services are solely between you and such third parties. We disclaim all liability for any issues arising from such interactions.

9. Fees and Advertisements

9.1 Free Service

Topya is currently provided free of charge. However, we reserve the right to introduce paid features, premium subscriptions, or other monetization methods in the future.

9.2 Advertisements

We may display advertisements to support the free Service. By using Topya, you agree that we may show you ads based on your usage patterns and preferences (subject to your privacy settings).

9.3 Future Paid Features

If we introduce paid features or services in the future, we will:

9.4 Your Costs

You are responsible for all costs associated with accessing the Service, including:

10. Privacy Policy

Your privacy is important to us. Our Privacy Policy explains how we collect, use, store, and protect your personal information. The Privacy Policy is an integral part of this Agreement.

By using Topya, you agree to the collection and use of your information as described in our Privacy Policy.

Key points include:

For full details, please review our Privacy Policy.

11. Termination and Breach of Contract

11.1 Termination by You

You may stop using the Service at any time. If you have an account, you may also request account deletion by contacting us.

11.2 Termination by Us

We reserve the right to suspend or terminate your access to the Service if:

11.3 Effect of Termination

Upon termination:

11.4 Data Retention After Termination

We will retain your information as required by law or for legitimate business purposes. For more information, please see our Privacy Policy.

12. Indemnification

You agree to indemnify, defend, and hold harmless Topya, its affiliates, officers, directors, employees, and agents from and against any claims, liabilities, damages, losses, costs, or expenses (including reasonable attorney's fees) arising out of or related to:

We reserve the right to assume exclusive defense and control of any matter subject to indemnification by you, and you agree to cooperate with our defense of such claims.

13. DISCLAIMERS

13.1 "AS IS" AND "AS AVAILABLE"

TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, OR WARRANTIES ARISING FROM COURSE OF DEALING OR USAGE OF TRADE.

13.2 NO WARRANTY OF AVAILABILITY

WE DO NOT WARRANT THAT:

13.3 Third-Party Content Disclaimer

WE DO NOT WARRANT OR GUARANTEE THE ACCURACY, COMPLETENESS, OR QUALITY OF GAMES OR OTHER THIRD-PARTY CONTENT AVAILABLE THROUGH THE SERVICE. YOU ACCESS THIRD-PARTY CONTENT AT YOUR OWN RISK.

13.4 Technical Limitations

The Service depends on various factors outside our control, including your Internet connection, device capabilities, and browser compatibility. We cannot guarantee that the Service will work perfectly in all environments.

14. LIMITATION OF LIABILITIES

14.1 Exclusion of Damages

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL Topya, ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO DAMAGES FOR:

ARISING OUT OF OR RELATED TO:

14.2 Limitation of Liability Amount

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, OUR TOTAL LIABILITY TO YOU FOR ALL CLAIMS ARISING OUT OF OR RELATED TO THIS AGREEMENT OR THE SERVICE SHALL NOT EXCEED $100 USD OR THE AMOUNT YOU PAID US IN THE 12 MONTHS PRECEDING THE CLAIM (IF ANY), WHICHEVER IS GREATER.

14.3 Applicability

THE LIMITATIONS IN THIS SECTION APPLY:

Some jurisdictions do not allow the exclusion or limitation of certain damages. In such jurisdictions, our liability will be limited to the maximum extent permitted by law.

15. Governing Law and Dispute Resolution

15.1 Governing Law

This Agreement shall be governed by and construed in accordance with the laws of your jurisdiction of residence, without regard to its conflict of law provisions.

15.2 Informal Resolution

Before filing a claim, you agree to contact us at support@zipdrama.io to attempt to resolve the dispute informally. We will attempt to resolve disputes in good faith.

15.3 Binding Arbitration

If we cannot resolve a dispute informally, any claims, disputes, or controversies arising out of or relating to this Agreement shall be resolved through binding arbitration, except that either party may bring a claim in small claims court if it qualifies.

15.4 Class Action Waiver

YOU AGREE THAT DISPUTES WILL BE RESOLVED ON AN INDIVIDUAL BASIS. YOU WAIVE ANY RIGHT TO PARTICIPATE IN A CLASS ACTION, CLASS ARBITRATION, OR OTHER REPRESENTATIVE ACTION.

15.5 Jurisdiction

For any disputes that proceed in court (rather than arbitration), you and Topya consent to the exclusive jurisdiction of courts in your jurisdiction of residence.

16. Miscellaneous

16.1 Entire Agreement

This Agreement, together with our Privacy Policy, constitutes the entire agreement between you and Topya regarding the Service and supersedes all prior agreements and understandings.

16.2 Severability

If any provision of this Agreement is found to be invalid or unenforceable, the remaining provisions will remain in full force and effect, and the invalid provision will be modified to the minimum extent necessary to make it valid and enforceable.

16.3 No Waiver

Our failure to enforce any provision of this Agreement does not constitute a waiver of that provision or any other provision. Any waiver must be in writing and signed by us.

16.4 Assignment

You may not assign or transfer this Agreement or your rights hereunder without our prior written consent. We may assign this Agreement without your consent in connection with a merger, acquisition, reorganization, or sale of assets.

16.5 Force Majeure

We shall not be liable for any failure or delay in performance due to causes beyond our reasonable control, including but not limited to acts of God, natural disasters, war, terrorism, riots, strikes, governmental actions, Internet failures, or equipment failures.

16.6 Notices

We may provide notices to you via email, in-app notifications, or by posting on the Service. Notices will be deemed effective when sent or posted.

16.7 Language

This Agreement is drafted in English. If this Agreement is translated into other languages, the English version shall prevail in case of any discrepancy.

16.8 Contact Information

For questions about this Agreement, please contact us at:

Questions or Concerns?

If you have any questions, comments, or concerns about this Terms of Service, please contact us:

Email: support@zipdrama.io

We will respond to your inquiry as soon as possible.