Please, read carefully these terms and conditions (the “Terms”), which govern your access to and use of the Zedity’s website (the “Service”) and any information, text, photos, audio-recording, comments, videos or any present and future multimedia object (the “Content”) that is uploaded, shown, created or appearing (collectively, “submit”) on the Service.
Your access to and use of the Service is conditioned on your acceptance of and compliance with these Terms. By accessing or using the Service you agree to be bound by these Terms.
Privacy and Ability to accept the Terms
- Please read our Privacy Statement, which is a part of the Terms.
- To use the Service, you must be at least 13 years old. If you are at least 13, but, depending on your jurisdiction, are still a minor, you must have your parent or legal tutor’s permission to use the Service.
- Certain features of the Service, such as viewing public Content, are available even without creating an account.
- To fully use the Service, and in particular to submit Content, you must sign up by providing at least your full name, user name, password, and valid email address.
- While your email is never shown, your username is public and you may not change it. Therefore, you should pick it carefully, and shall avoid any vulgar, obscene, or offensive ones.
- Your account has no expiration and you can continue to use for as long as the Service is operated.
- You are responsible for safeguarding the password that you use to access the Service and you will not share it with anyone or do any activity that may jeopardize the security of any Service account.
- IMPORTANT: we recommend you to use “very strong” passwords (i.e. that contain a combination of upper and lower case letters, numbers and symbols) to protect your account. Also changing password periodically (e.g. every 2-3 months, or more often if you wish so) is a good practice you should follow. You should never use trivial passwords that can be easily guessed, e.g. 123456, abdcde, 00000, etc.
Code of Conduct
You must behave in a civil manner and be respectful at all times, and, therefore, you may not:
- act in a deceptive manner by, among other things, impersonating any person, included, but not limited to, creating accounts for anyone other than yourself without permission;
- harass or stalk any other person;
- harm or exploit minors;
- distribute spam;
- Collect information about others.
You may not submit any Content that:
- violates Intellectual Property (e.g. trademark, privacy rights, etc.);
- is indecent, obscene, pornographic (provided, however, that non-sexual nudity is permitted);
- is hateful, defamatory, or discriminatory or incites hatred against any individual or group;
- exploits minors or shows extreme violence;
- promotes multi level marketing (MLM) schemes, get rich quick schemes, online gaming and gambling, cash gifting, and any fraudulent activities;
- violates any law.
Any such Content is referred as “restricted” Content throughout these Terms.
Your rights, responsibilities, and acknowledgments
- You state that you are over the age of 13, as the Service is not intended for children under 13.
- You retain your rights and obligations to the Content you create on the Service.
- You may submit any non-restricted Content, including to showcase or promote your own creative works, arts, skills, etc.
- You agree not to use the Service for any commercial use, including, but not limited to, i) sale of access to the Service, or ii) sale of advertising, sponsorships, or promotions placed on or within the Service or Content. For any information about using the Service for commercial use please contact us.
- You must have the right to submit Content, without infringing any third party’s right without specific permission from the owner. If you fail to do so, you shall be the only one liable for such use, and you shall have an obligation to indemnify and protect Zedity should a third party claim arise against Zedity.
- You cannot post any restricted Content. If you do so, you shall be the only one liable for such use, and you shall have an obligation to indemnify and protect Zedity should a third party claim arise against Zedity.
- We reserve the right to automatically remove any content without prejudice to any rights, remedies or defenses, all of which are expressly reserved. You acknowledge and agree that Zedity is under no obligation to restore any such content at any time.
- You acknowledge and agree that: (i) by using Zedity you may be exposed to content that you may find offensive or indecent, therefore, you agree to use Zedity at your own risk; (ii) you are the only responsible party for, and Zedity has no responsibility to you or any third party, materials that you create, submit, post or publish on Zedity; and (iii) Zedity is not responsible for any materials that you may have access to through your use of Zedity, and all materials are the responsibility of the person from whom such materials originated.
- The pages may contain links to third-party websites or resources. You acknowledge and agree that we are not responsible or liable for: (i) the availability or accuracy of such websites or resources; or (ii) the content, products, or services on or available from such websites or resources. Links to such websites or resources do not imply any endorsement by Zedity of such websites or resources or the content, products, or services available from such websites or resources. You acknowledge sole responsibility for and assume all risk arising from your use of any such websites or resources.
Zedity: rights, responsibilities, and acknowledgments
- We shall not modify the Content you submit;
- Zedity has the right, but not the obligation, to monitor all conduct on and Content submitted to the Service. We reserve the right, at all times, with no whatsoever obligation, to remove or refuse to distribute any Content on the Service and to terminate accounts or reclaim usernames.
- We reserve the right to access, read, preserve, and disclose any information as we reasonably believe is necessary to (i) satisfy any applicable law, regulation, legal process or governmental request, (ii) enforce the Terms, including investigation of potential violations hereof, (iii) detect, prevent, or otherwise address fraud, security or technical issues, (iv) respond to user support requests, or (v) protect the rights, property or safety of Zedity, its users and the public.
- You grant Zedity a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sub-licensable right to: a) exercise any and all copyright, publicity, trademarks, and intellectual property rights you have in the Content, b) make such Content available to other companies, organizations or individuals who partner with Zedity for the syndication, broadcast, distribution or publication of such Content on other media and services, with no compensation paid to you, and c) use, display and reproduce the Content without limitation to the purpose of the Service, in any media known now or in the future. In addition, you waive all moral rights you have in the content to the fullest extent permitted by law.
- All right, title, and interest in and to the Service (excluding Content provided by users) are and will remain the exclusive property of Zedity and its licensors. The Service is protected by copyright, trademark, and other laws of both the United States and foreign countries. Nothing in the Terms gives you a right to use the Zedity name or any of the Zedity trademarks, logos, domain names, and other distinctive brand features. Any feedback, comments, or suggestions you may provide regarding Zedity is entirely voluntary and we will be free to use such feedback, comments or suggestions as we see fit and without any obligation to you.
- We are not responsible for any change in the way the Content is presented to other users, due to technical or whatsoever reason out of our control, including but only incompatible or obsolete browsers and/or other software applications and devices to access the Content.
Suspension and termination
- We reserve the right to decide, in our sole discretion, whether any Content violates these Terms of Service for reasons other than copyright infringement, such as, but not limited to, restricted Content. Zedity may at any time, without prior notice and in its sole discretion, remove such Content and/or suspend (temporary) or terminate (permanently, in case of repeated infringements) a user’s account for submitting such material in violation of these Terms of Service.
- Under no circumstances, Zedity is responsible for any loss you may incur as a result of Zedity suspending or terminating your account.
- Termination or Suspension shall not forfeit the right of Zedity to proceed against the user for damages and/or other claims.
- Zedity provides the Service on an “AS IS” and “AS AVAILABLE” basis. You therefore use the Service at your own risk. Zedity expressly disclaims any and all warranties of any kind, whether express or implied, including, but not limited to the implied warranties of merchantability, fitness for a particular purpose, non-infringement, and any other warranty that might arise under any law.
- Zedity does not support, endorse or promote any opinions expressed by any user of the Service.
- Zedity does not warrant, endorse, guarantee, or assume responsibility for any product or service advertised or offered by any third-party through the Service, including, but not limited to, links to external third-party web sites and Zedity will not be a party to or in any way be responsible for monitoring any transaction or whatsoever activity engaged between and by you and any third-party.
Limitation of Liability
- IN NO EVENT SHALL WE, OUR OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS, BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER RESULTING FROM ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR SERVICE, (III) ANY UNAUTHORIZED ACCESS, FOR WHATEVER REASON, TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR SERVICE, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH OUR SERVICES BY ANY THIRD PARTY, AND/OR (V) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF YOUR USE OF ANY CONTENT POSTED, E-MAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SERVICE, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT THE COMPANY IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.
- YOU SPECIFICALLY ACKNOWLEDGE THAT WE SHALL NOT BE LIABLE FOR CONTENT OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY AND THAT THE RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH YOU.
You will indemnify, defend, and hold harmless Zedity and its affiliates, directors, officers, employees, and agents, from and against all third party actions that: a) assert a violation by you of any term of the Terms; b) arise from your activities on the Service; or c) assert that any Content you created, showed or submitted violates any law or infringes any third party right, including any right or intellectual property.
Your account and all rights and liabilities you have with Zedity cannot be transferred, assigned, delegated or give in license to any third party. If you assign, transfer, delegate or give in license any rights or liabilities, or your account, such transfer, assignment, delegation and/or license shall be voided and it shall not produce effect.
Modifications to the Terms
This statement may be amended, restated, from time to time, by Zedity, at its sole discretion. We may notify you via e-mail to the email associated with your account if any major variation is introduced. The most current version of the Terms will always be at https://www.zedity.com/terms-and-conditions/. By continuing to access or use the Service after those revisions become effective, you agree to be bound by the revised Terms.
Dated: April 11, 2020