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The following are the terms
and conditions for use of zuuMedia services which includes any and all partner
services (the "Service", "Services") joined through zuuMedia. Please
read them carefully. Our Services are offered to you with the condition
you accept without modification the terms and conditions contained
herein and that zuuMedia may change
the Terms of Service at any time. You understand that by using the
Services after a change becomes effective, you have agreed to it. By
purchasing the Services from zuuMedia, you are indicating your
agreement to be bound by all of the terms and conditions set forth in
this document.
These terms and conditions state
important requirements, you should read them carefully as they contain
important information regarding your rights and ours.
1. GENERAL
These Terms of Use (the "Agreement")
are entered into by and between the customer ("you", "your", "Member"
or "Subscriber") and zuuMedia Ltd. and its Partners ("zuuMedia", "us", "we" or
"our").You are
deemed to have accepted this Agreement upon the earlier of: (a) your
submission of an online or telephone request for service; (b) your
accepting the Terms of Use electronically during registration or in the
course of initiating a support session whether online, by telephone or
on-site (see Paragraph 4); (c) your use of the Service (see Paragraph
2). This Agreement is made up of the terms below, plus the Privacy
Policy, all attachments to this Agreement, and the other policies and
materials specifically referred to in these Terms of Service, all of
which are incorporated herein by reference. The Agreement and related
policies are also set forth on the zuuMedia website(s) ("Website").The
Agreement sets forth the terms and conditions under which you agree to
use the Services, and under which zuuMedia agrees to provide the
Services to you.
2. DEFINITION OF SERVICES
For purposes of this Agreement, the
term "Service" shall mean all zuuMedia Services as outlined on the
Website(s), technical support and other features, products and services
provided by zuuMedia under the service option that you have selected.
3. AUTHORISED USER, USE, AND
RESPONSIBILITIES
3.1 You acknowledge that you are 18
years of age or older, and you agree that you have the legal authority
to enter into this Agreement and affirm that the information you supply
to us is correct and complete. You understand that zuuMedia relies on
the information you supply and that providing false or incorrect
information may result in Service withholding or delays or the
suspension or termination of your customer account. You agree to
promptly notify zuuMedia whenever your personal or billing information
changes (including for example, your name, address, telephone number,
and credit card number and expiration date).
3.2 You agree that you are responsible
for all use on your account. You understand this means that you accept
full liability and responsibility for the actions of anyone who uses
the Services via your account, with or without your permission.
3.3 You agree that in order for all
zuuMedia customers to be able to reasonably use the Services a fair
usage policy applies, particularly to unlimited support, to be decided solely by
zuuMedia and at its discretion, and that zuuMedia may curtail, limit or
terminate your use of the Services at anytime if in its opinion you
have breached fair usage.
4. PRIVACY POLICY
zuuMedia will treat your personal
information in accordance with its current Privacy Policy, subject to
change from time to time. You agree to the terms of the Privacy Policy,
which describes zuuMedia's use and disclosure of information about your
account and your use of the Services.
5. AVAILABILITY OF SERVICE
5.1 The Services you select may not be
available at all times, and may not be available in the format
generally marketed, and some personal computers may not be available to
receive the Services.
5.2 zuuMedia or its suppliers may at
any time, without notice or liability, restrict the use of the Services
or limit its time of availability in order to perform maintenance
activities and to maintain session control.
6. TERM AND TERMINATION
6.1 Effective Date and Term. This
Agreement goes into effect upon your acceptance of this Agreement and
shall continue until terminated by either party as permitted by this
Agreement.
6.2 TERMINATION OF SERVICE
6.2.1 Subscription Services can be
terminated by the customer by notifying zuuMedia, in writing, at least
seven (7) days prior to the end of the current subscription period by
emailing support or billing, through your account in the billing system
or by using this contact
form .
6.2.2 Termination and/or Suspension by
zuuMedia. If, in the sole discretion of zuuMedia: (a) you are in breach
of any of the terms of this Agreement (including but not limited to all
policies regarding abuse and acceptable use of the Services); (b) your
use of the Services is prohibited by law or is disruptive to, adversely
impacts or causes a malfunction to the Services, zuuMedia's network, or
the use and enjoyment of other users; or (c) zuuMedia receives an order
from a court to terminate your Services; (d) if zuuMedia for any reason
ceases to offer the Services; or (e) if you are no longer a zuuMedia
customer, then zuuMedia at its sole election may terminate or suspend
your Services immediately without notice.
6.2.3 Terminated Account. zuuMedia, in
its sole discretion, may refuse to accept your request for Services
renewal or re-subscription following a termination or suspension of
your use of the Services.
6.2.4 Trial Accounts. If you are on a
trial membership it is your responsibility to inform zuuMedia if you
decide not to continue your membership prior to the end of the trial
period as stipulated in 6.2.1. 6.2.5 Upon Termination for any reason. (a) All rights granted to you under these Terms shall cease;
(b) you must cease all activities authorised by these Terms;
(c) you must immediately pay to the Company any sums due to the zuuMedia under these Terms;
(d) you will not be entitled to any refund or credit in respect of any fee paid by you in advance for any cancelled Service; and
(e) the Company may immediately and without further notice delete or remove any content, data or other information submitted by you or your Invitees to the Service.
7. PRICING AND PAYMENT
7.1 Pricing and Fees. zuuMedia fees and
charges for the Subscription Services you select are supplied to you
during the ordering process and are available on the Website(s).You
agree to pay the charges applicable to your selected Services plan.
Recurring charges (subscription plans) will be billed in advance; usage
charges above subscribed free periods will be billed in arrears.
zuuMedia or its agents will bill you directly, or charge your credit
card, as you request and as approved by zuuMedia. Free
trials, promotions or offers are that, free, and will not incur fees
and
it is your responsibility to inform zuuMedia should you decide not to
continue with the Services as per 6.2.1.
7.2 Discontinuation of Service for
Nonpayment. Services to you may be denied or discontinued without
notice at any time if Services charges on your credit card, or your
credit card provider denies or discontinues providing credit to you for
any reason, or you fail to make payment when due or provide us with a
new credit card expiration date before the existing one expires.
7.3 You are responsible for all
telephone and internet connectivity charges.
7.4 Services Without Resolution.
zuuMedia will make every attempt to troubleshoot, analyze, assess,
correct or otherwise fix your Service problems. If zuuMedia is unable
to resolve your problem, you will still be liable for your
subscription charges or time spent by zuuMedia in attempting to correct
a problem. zuuMedia does not guarantee that it will be able to resolve
all your IT problems.
7.5 Fees paid are non-refundable.
The waiver of any fees or charges
lays solely at the discretion of zuuMedia.
7.6 Money Back Guarantee. Promotions
and offers are not covered under any money back guarantee as this only
applies to new fully paid accounts.
8. LIMITATIONS ON USE OF THE
SERVICES
8.1 You agree that your use of the
Services and the Internet, without limitation, is your sole
responsibility, is solely at your own risk, and is subject to all
applicable local, state, national and international laws and
regulations.
8.2 You agree that the Internet is not
owned, operated or managed by, or in any way affiliated with zuuMedia
and zuuMedia is not responsible and has no control over the information
or materials accessible via the Internet through use of the Services.
You further agree that zuuMedia does not own or control all of the
various facilities and communications lines through which Services may
be provided, nor does zuuMedia guarantee access to or through websites,
servers or other facilities on the Internet, whether or not such
facilities are owned or controlled by zuuMedia.
8.3 You agree that zuuMedia cannot and
does not guarantee or warrant that data available for downloading
through the Services will be free of defects, infection or viruses,
worms, Trojan horses or other code that manifest contaminating,
malicious or destructive properties. You are responsible for
implementing adequate procedures to satisfy your particular
requirements for accuracy of data input and output and for maintaining
a means external to the Services for the reconstruction of any lost
data.
8.4 You agree that the Internet is not
a secure network and that third parties may be able to intercept,
access, use, or corrupt the information you transmit or receive over
the Internet. zuuMedia is not responsible for invalid destinations,
transmission errors, or corruption or security of your data.
8.5 You are not authorised to use any
zuuMedia name or mark as a hypertext link to any zuuMedia website or in
any advertising, publicity or in any other commercial manner without
the prior written consent of zuuMedia. You understand that your
ability to link to a website through the Services does not, in any way,
represent or imply zuuMedia’s approval of, or its determination of the
quality of that product or Services, and that links are provided for
your convenience only. The links provided through the Services are
maintained by their respective organizations, which are solely
responsible for their content. Authorized use of the zuuMedia name and
hyperlinks to the zuuMedia website(s) are acceptable within the context
of referrals to zuuMedia.
9. WARRANTIES AND LIMITATION
OF LIABILITY
9.1 You acknowledge and agree that the
Services supplied hereunder is provided on an "as is" or "as available"
basis, with all faults, except as otherwise specifically set forth in
this agreement and as otherwise specifically set forth in any
manufacturer warranty for any equipment or software provided by
zuuMedia (but only if such warranty is included with such equipment or
software), zuuMedia (and its officers, employees, parent, subsidiaries,
partners and affiliates), its third party licensors, providers and
suppliers, disclaim any and all warranties for the Services, whether
express or implied, including but not limited to the implied warranties
of merchantability and fitness for a particular purpose, accuracy,
non-infringement, non-interference, title, compatibility of computer
systems, integration, and those arising from course of dealing, course
of trade, or arising under statute. no advice or information given by
zuuMedia or its representatives shall create a warranty. Use of
zuuMedia Services is at your own risk and is not warranted.
9.2 zuuMedia does not warrant that the
Services provided by zuuMedia will perform at a particular speed,
bandwidth or data throughput rate, or will be uninterrupted,
error-free, secure, or free of viruses, worms, or the like. zuuMedia
shall not be liable for loss of your data, or if changes in operation,
procedures, or Services require modification or alteration of your
equipment, render the same obsolete or otherwise affect its
performance. zuuMedia makes no warranty regarding any transactions
executed using the service or the internet. zuuMedia makes no warranty
regarding the content and information accessed by using the Services or
any links displayed, you expressly assume all risk and responsibility
for use of the Services and the internet generally do not use the
service in any high risk activities where damage or injury to person,
property, environment, or business may result if an error occurs.
9.3 In no event shall zuuMedia (or its
officers, employees, parent, subsidiaries, partners or affiliates), its
third party licensors, providers or suppliers, be liable for: (a) any
direct, indirect, special, consequential or incidental damages,
including without limitation, lost profits or loss of revenue or damage
to data arising out of the use, partial use or inability to use the
service, regardless of the type of claim or the nature of the cause of
action, including without limitation, those arising under contract,
tort, negligence or strict liability, even if zuuMedia has been advised
of the possibility of such claim or damages, or (b) any claims against
you by any other party.
9.4 All limitations and disclaimers
stated in this paragraph also apply to zuuMedia's third party
licensors, providers and suppliers, as third party beneficiaries of
this agreement.
9.5 Any rights or limits stated herein
are the maximum for which zuuMedia (and its officers, employees,
parent, subsidiaries, and affiliates), zuuMedia's third party
licensors, providers and suppliers, are collectively responsible.
9.6 The remedies expressly set forth in
this agreement are your sole and exclusive remedies you may have
additional rights under certain laws (such as consumer laws), which do
not allow the exclusion of implied warranties, or the exclusion or
limitation of certain damages if these laws apply, our exclusions or
limitations may not apply to you.
9.7 zuuMedia reserves the right to
pursue any and all legal and equitable claims against you pertaining to
your use or misuse of the Service or for your breach of the agreement
(including any policies relating to the Services.)
10. INDEMNITIES
You agree to defend, indemnify and hold
harmless zuuMedia from and against all liabilities, costs and expenses,
including reasonable lawyer's fees, related to or arising from: (a) any
violation of applicable laws, regulations or this Agreement by you (or
any parties who use your account, with or without your permission, to
access the Services); (b) the use of the Services or the Internet or
the placement or transmission of any message, information, software or
other materials on the Internet by you (or any parties who use your
account, with or without your permission, to access the Services); (c)
negligent acts, errors, or omissions by you (or any parties who use
your account, with or without your permission, to access the Services);
(d) injuries to or death of any person and for damages to or loss of
any property, which may in any way arise out of or result from or in
connection with this Agreement, except to the extent that such
liabilities arise from the active negligence or willful misconduct of
the other party; or (e) claims for infringement of any intellectual
property rights arising from the use of the Services, Software, or the
Internet.
11. NOTICES
11.1 Notices required under this
Agreement by you shall be provided to the Support or Billing Departments. Notices
by zuuMedia to you shall be deemed given: (a) when sent to your
registered email address, or (b) when deposited in the mail addressed
to your registered address or (c) when hand delivered to your
registered address, as applicable or (d) posted on the zuuMedia websites. Notice of changes to this Agreement
and these Terms of Service will be deemed given upon posting to the
pages on the Website(s).
11.2 With regard to electronic
communications, you and zuuMedia further agree that: (a) the membership
number and/or alias of a sender, contained in an electronic
communication ("email'), is legally sufficient to verify the sender's
identity and the authenticity of the communication; (b) an email sent
containing your membership number and/or alias establishes you as its
originator and has the same effect as a document with your written
signature on it; and (c) an email or any computer printout of it, is a
valid proof of the validity of the original content of the electronic
communication.
12. GENERAL PROVISIONS
12.1 All obligations of the parties
under this Agreement, which, by their nature, would continue beyond the
termination, cancellation or expiration of this Agreement, including by
way of illustration and not limitation, those clauses relating to
Limitation of Liability and Indemnities, shall survive such
termination, cancellation or expiration.
12.2 zuuMedia will not be liable for
delays, damages or failures in performance due to causes beyond its
reasonable control, including, but not limited to, acts of a
governmental body, acts of God, acts of third parties, fires, floods,
strikes or other labor-related disputes, of other things we do not
control, or an inability to obtain necessary equipment or Services.
12.3 You agree not to assign or
otherwise transfer, this Agreement in whole or in part, including any
software or your rights or obligations under it. Any attempt to do so
shall be void. We may assign all or any part of this Agreement without
notice and you agree to make all subsequent payments as directed.
12.4 The construction and validity of
these Terms of Use are to be governed by English law, and the English
courts are to have jurisdiction over all matters relating to and
arising out of these terms.
12.5 zuuMedia's failure at any time to
insist upon strict compliance with any of the provisions of this
Agreement in any instance shall not be construed to be a waiver of such
terms in the future. If any provision of this Agreement is determined
to be invalid, illegal or unenforceable, the validity, legality, and
enforceability of the remaining provisions shall not in any way be
affected or impaired thereby, and the unenforceable portion shall be
construed as nearly as possible to reflect the original intentions of
the parties.
12.6 This Agreement, including all
Attachments and all other policies posted on the Website, which are
fully incorporated into this Agreement either by attachment or by
reference, constitutes the entire agreement between you and zuuMedia
with respect to the subject matter hereto and supersedes any and all
prior or contemporaneous agreements whether written or oral. Any
changes by you to this Agreement, or any additional or different terms
in your purchase orders, acknowledgements or other documents, written
or electronic, are void.
If you have any additional questions, please feel free to contact
us at any time.
June 2009
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