5G Gaming

ZAIN GEFORCE NOW TERMS OF USE 
ZAIN GeForce Now, including the associated software, materials and services (“GFN”) is a cloud-based service that enables users to use a virtual PC for gaming on a membership basis from an internet-connected device. 
  
These terms are a legal agreement between you and Mobile Telecommunications Saudi Company (“ZAIN”) for the use of GFN. By registering for or using GFN you are affirming that you have read and agree to these terms and conditions. 
  
By accepting theses terms, you declare that you are of legal age in the Kingdom of Saudi Arabia. In the event if it was discovered that you are under the legal age at the time of accepting all the terms and conditions below, ZAIN shall have the right to decide on the appropriate action including canceling the subscription. 

  
1 . LICENSE :  
  
1.1. ZAIN grants you a non-commercial, personal, non-exclusive, non-transferable license to access and use GFN during the term of services through a supported device, one session at a time, for your entertainment with video games. The list of GFN supported devices is available on ZAIN websites. 
  
  
1.2 Performance: A number of factors may affect your use of GFN, or may impede or interfere with your ability to start or continue using GFN or certain content or may result in the loss of data such as game saves, and you understand that ZAIN is not responsible for these: (a) any factors or circumstances outside of ZAIN’s reasonable control, including issues with your device, telecommunications, firewall, your service providers, or the public internet; (b) the type of device you have, your location, the available bandwidth, or the speed of your internet connection, and in some cases ZAIN may decrease the resolution and bitrate of the content streamed to you in an effort to provide a better user experience; or (c) other reasonable technical reasons, errors, or bandwidth constraints. 

  
2. CONTENT: 
  
2.1 Content. ZAIN = is presenting to you a virtual PC for gaming, and it is your responsibility to have sufficient rights to use the content (i.e. third-party video games or DLC (downloadable content)). Certain content may only work on certain types of devices. Not all the content you have may be used when streaming from GFN. Content purchased from a digital store on GFN may not be available to stream from GFN. The availability of content on GFN may vary over time, as examples: terms from service providers or game publishers may change, content may not be available from ZAIN equally or in certain geographies or languages, and content that was previously available on GFN (including your saved games) may become unavailable later on GFN. When you obtain content, whether through GFN or separately, the content provider may require you to accept their terms, open a user account and/or may charge you for the content. 
  
From time to time, you may find content from a content provider that is available from ZAIN at no charge to select users, based on territory, device, membership plan, or other promotional criteria. Promotional offerings may last for a limited time and may change or end without notice. Activities and transactions between you and a content provider (as examples, content settings, use, purchases and related advertising), even if taking place through GFN, are solely between you and the content provider. ZAIN does not endorse or assume any responsibility for any content, or for information, materials, products or services that users receive from other parties or load for use with GFN. 
  
2.2 Content For Different Ages . You is acknowledge acknowledge that on GFN you will have access to content rate for different age , and it is up to you to set the filter for your permit user to use age – appropriate content . You is follow must follow the age rating rule of your country and law .  
  
2.3 Content Management. You acknowledge and agree that ZAIN may, but is not obligated to, block, monitor, scan or review communications or content transmitted through GFN in the events of any breach of these terms and conditions and that ZAIN reserves the right to stop communications or remove content as described in section 10 in the events of any breach. ZAIN accepts no responsibility or liability for content from other parties (yours or of content providers) regardless of whether such content is transmitted to or by you in breach of these terms. 

  
3. LIMITATIONS: 
  
3.1 You is use may not use GFN , or load content to GFN , for any purpose other than as describe in section 1 above and as permit under the law , regulation and guideline of your place of use .  
  
3.2 You may not copy, sell, rent, sublicense, transfer or distribute any portion of GFN, and you may not use GFN commercially or for crypto currency mining. 
  
3.3 You may not reverse engineer, decompile, disassemble, modify, create derivative works, or remove copyright or other proprietary notices from any portion of GFN. 
  
3.4 You is misuse may not misuse , disrupt or exploit GFN or ZAIN server for any unauthorized use , or try to access area or download software or material not intend for user ( include using GFN in any way to access any unauthorized third – party site ) , or load to ZAIN server any malware ( such as virus , drop dead device , worm , trojan horse , trap , back door or other software routine of such nature ) , or disturb the use and enjoyment of GFN by other user .  

4. PRE-RELEASE SERVICE and FEATURES: 
  
GFN features or versions may be identified as alpha, beta, preview or otherwise in pre-release, may not be fully functional, may contain errors or design flaws, and may have reduced or different security, privacy, accessibility, availability, and reliability standards relative to commercially provided ZAIN software, materials and services. Use of a pre-release version may result in unexpected results, such as loss of use or loss of content. You may use a pre-release version at your risk and stop at your convenience. 

  
5 . ownership :  
  
GFN, including all intellectual property rights, is and will remain the sole and exclusive property of ZAIN or its licensors. Except as expressly granted in these terms, ZAIN reserves all rights, interests, and remedies in connection with GFN. You agree to cooperate with ZAIN and provide reasonably requested information to verify your compliance with these terms. 

  
6. UPDATES: 
  
ZAIN is change may change , discontinue , or deprecate any part , or all , of GFN , or change or remove feature , functionality or content ( include game ) available , and your continued use of GFN is deem acceptance of such change . In addition , you is agree agree to receive automatic maintenance , update and/or upgrade without notice and you permit ZAIN to download and install them for you . GFN is be may be temporarily unavailable , inaccessible or slow when ZAIN is perform maintenance or upgrade or at other time for reason not within ZAIN ’s reasonable control .  

  
7. LOG-IN INFORMATION: 
  
You is are are responsible for maintain your log – in information secure for your use only , and for the activity under your account . You is agree agree to notify ZAIN of any know unauthorized use of your GFN account .  

  
8. IMPORTANT SAFETY AND HEALTH NOTICE: 
  
ZAIN hopes you will find the use of GFN enjoyable. However, for some individuals under certain circumstances, using GFN (or content on GFN) might have harmful effects on your health or safety. As an example, a very small percentage of individuals may experience epileptic seizures or blackouts when exposed to certain light patterns or flashing lights. Also, discontinue using GFN (or content on GFN) if you experience health problems or symptoms including (but not limited to) lightheadedness, dizziness, or other discomfort, pain or health concern and consult your physician when appropriate. You are responsible for managing your health risks and choosing whether or not to use GFN. You waive ZAIN’s liability for any liabilities, damages, losses, costs and expenses that result from these risks. 

  
9. THIRD-PARTY SOFTWARE. 
  
GFN may come bundled with, or otherwise include or be distributed with, third-party software licensed by a ZAIN supplier and/or open source software provided under an open source license. Use of third-party software is subject to the third-party license terms, and in the event of conflict with these terms the thirty-party terms shall govern. 

  
10 . suspension / termination :  
  
ZAIN may suspend or terminate your right to use GFN, or content on GFN, at its discretion, including (but not limited to) violating one of ZAIN GEFORCE NOW TERMS OF USE or  non-payment of applicable fees or if ZAIN reasonably suspects or determines that a use does not comply with these terms, the rights of others, or applicable laws and regulations. 
  
ZAIN may investigate violations of these terms or misuse of GFN and may report activities to law enforcement, regulators or any other parties. 
  
Termination will not apply on all of the private provisions of these terms, which by nature termination should not apply on, including, without limitation, ownership provisions, warranty disclaimers and limitations of liability. 

  
11 . DATA COLLECTION :  
  
You hereby acknowledge that to use GFN and depending on your privacy preferences, GFN may access and collect data in order to: (a) properly configure and optimize the device in which GFN is installed for use with the device; (b) deliver content or service through GFN; (c) improve ZAIN products and services; and (d) provide automatic updates.  
  
To improve the performance and quality at which GFN streams games to your machine and to run and update software and materials on your device, ZAIN will need to process system data such as software version numbers, geographical region, internet speed, games played, session data and system information such as CPU, GPU, device serial number and system memory. 
  
If you opt-in to share technical data from your device to help ZAIN find and fix bugs or improve the quality of services, you will be sharing device and accessory information, software (including settings, usage, and how well they run), feature usage, error logs, and geographical information.  If you opt-in to recommendations by Zain, ZAIN may inform you of games, apps, and rewards you may enjoy.  
  
Any data will be collected, used and disclosed by ZAIN in accordance with ZAIN’s Privacy Policy available at https://www.Zain.com/en-us/about-Zain/privacy-policy/.  You may also review the data that GFN collects and change your privacy preferences at any time by visiting privacy.Zain.com. 
  
GFN may contain links to websites and services. ZAIN does not endorse or assume any responsibility for any third-party websites, products, services or information. If you access a third-party website or service, including (without limitation) those of GFN Alliance Partners, you do so at your own risk, and you understand that these terms and ZAIN’s Privacy Policy do not apply. ZAIN encourages you to review the privacy statements on those websites and services that you choose to visit so that you can understand how they may collect, use and share your information. 

  
12.  NO WARRANTIES. 
  
GFN IS PROVIDED BY ZAIN “AS IS”, “AS AVAILABLE” AND “WITH ALL FAULTS.” ZAIN EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND OR NATURE, WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT. NO WARRANTY IS MADE ON THE BASIS OF TRADE USAGE, COURSE OF DEALING OR COURSE OF TRADE. WITHOUT LIMITING THE FOREGOING, ZAIN DOES NOT WARRANT THAT ACCESS TO GFN WILL BE UNINTERRUPTED; OR THAT GFN WILL MEET YOUR REQUIREMENTS; THAT GFN WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION; THAT ANY DEFECTS OR ERRORS WILL BE CORRECTED; THAT ANY CERTAIN CONTENT WILL BE AVAILABLE; OR THAT GFN IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. 

  
13. LIMITATION OF LIABILITY. 
  
TO THE MAXIMUM EXTENT PERMITTED BY LAW, ZAIN AND ITS AFFILIATES SHALL NOT BE LIABLE FOR ANY SPECIAL, INCIDENTAL, PUNITIVE OR CONSEQUENTIAL DAMAGES, OR FOR ANY LOST PROFITS, LOSS OF USE, LOSS OF DATA OR LOSS OF GOODWILL, OR THE COSTS OF PROCURING SUBSTITUTE PRODUCTS, ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR THE USE OR THE PERFORMANCE OF GFN, WHETHER SUCH LIABILITY ARISES FROM ANY CLAIM BASED UPON BREACH OF CONTRACT, BREACH OF WARRANTY, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR ANY OTHER CAUSE OF ACTION OR THEORY OF LIABILITY. IN NO EVENT WILL ZAIN’S TOTAL CUMULATIVE LIABILITY UNDER OR ARISING OUT OF THESE TERMS EXCEED THE AMOUNTS PAID FOR GFN USE DURING THE THREE MONTHS PRIOR TO THE EVENT GIVING RISE TO THE LIABILITY. THE NATURE OF THE LIABILITY OR THE NUMBER OF CLAIMS OR SUITS SHALL NOT ENLARGE OR EXTEND THIS LIMIT. THE FOREGOING LIMITATIONS SHALL APPLY REGARDLESS OF WHETHER ZAIN OR ITS LICENSORS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND REGARDLESS OF WHETHER ANY REMEDY FAILS ITS ESSENTIAL PURPOSE. The exclusions and limitations of liability in these terms form an essential basis of the bargain between the parties, and, absent any such exclusions or limitations of liability, the terms, including the economic terms, would be substantially different. 

  
14. GOVERNING LAW; DISPUTE RESOLUTION 
  
govern Law and Dispute Resolution . These term and all dispute that may arise from it or out of use of GFN in interstate commerce shall be govern by the law and regulation of the Kingdom of Saudi Arabia and any dispute shall be refer to the competent court in the city of Riyadh , Kingdom of Saudi Arabia , without regard to or application of its conflict of law rule or principle . You is agree agree to these term in the arabic language unless ZAIN provide you these term in another language . In case of any discrepancy between the arabic and English text , the arabic text is prevail shall prevail .  
The company is committed to maintaining the confidentiality of the customer’s information, and the customer acknowledge and agree to disclose his information or details of his usage by ZAIN incase requested by CITC or any of related entities in KSA. 

  
15 . general  
  
You agree that you will not transfer or assign these terms or your rights and obligations by any means or operation of law without ZAIN’s permission. These terms do not create any third-party beneficiary rights. 
  
If ZAIN needs to contact you about GFN or content, you consent to receive notices by email or through the software interface and agree that electronic notice will satisfy any legal communication requirements. 
  
You may, without compulsion, provide ZAIN with any use information or suggestions, feature requests, or other feedback regarding GFN and its contents, including possible enhancements or modifications to GFN. For any feedback that you voluntarily provide, you hereby grant ZAIN and its affiliates a perpetual, non-exclusive, worldwide, irrevocable license to use, reproduce, modify, license, sublicense (through multiple tiers of sublicenses), and distribute (through multiple tiers of distributors) it without the payment of any royalties or fees to you. ZAIN group will decide if and how to respond to feedback and if to incorporate feedback into GFN. 

These terms is constitute constitute the entire agreement between you and ZAIN concern GFN . If it turn out that any provision of these term is not unenforceable , such provision will be construe as limit to the extent necessary to be consistent with and fully enforceable under the law and the remain provision will remain in full force and effect . No waiver or failure to assert a right under these term shall be deem a further or continue waiver of such right or any other right . Unless otherwise specify , remedies is are are cumulative .  
  
ZAIN is allow to make change to these term from time to time at its discretion or as per applicable law and regulation in the kingdom of Saudi Arabia . ZAIN is publish will publish the new term at https://www.Zain.com/en-us/about-Zain/Zain-geforce-now-for-pc-terms-of-use .   
The client shall be notify in the case of any amendment to the term within ( 60 ) day from such amendment , The update terms is be will be in full effect as soon as they are publish . Please review the term of use on a regular basis . You is understand understand and agree that your express acceptance of the update term or use of GFN after the date of publication shall constitute your agreement to the update term of use . If you do not agree with the update term , you is terminate must terminate your use of GFN .  
 
 
16 . additional provision  
 
The heading of paragraph are used for convenience and proportionality only and shall not affect the meaning or construction of the content of these term and condition . In addition , these term and condition shall be treat as part of the main service contract .  

 
17. Terms of Use for NIVIDIA GEFORCE 

By clicking on the link below, it will transfer you to the terms and conditions of use page of NIVIDIA applied on NIVIDIA GEFORCE service which you will agree to once you accept this terms and conditions:  
https://www.nvidia.com/en-sa/geforce-now/terms-of-use/