Net-Zu
Terms and Conditions
Last Updated: September 2025
Welcome, and thank you for your interest in Net-Zu Limited (“Net-Zu,” “we,” or “us”) and our website at www.net-zu.com, along with our related websites, hosted applications, mobile or other downloadable applications, and other services provided by us (collectively, the “Service”). These Terms of Service are a legally binding contract between you and Net-Zu regarding your use of the Service. The terms “user” or “you” used throughout these Terms (defined below) includes both Publishers (defined below) and Customers (defined below).
PLEASE READ THE FOLLOWING TERMS CAREFULLY:
BY CLICKING “I ACCEPT,” OR BY DOWNLOADING, INSTALLING, OR OTHERWISE ACCESSING OR USING THE SERVICE, YOU AGREE THAT YOU HAVE READ AND UNDERSTOOD, AND, AS A CONDITION TO YOUR USE OF THE SERVICE, YOU AGREE TO BE BOUND BY, THE FOLLOWING TERMS AND CONDITIONS, INCLUDING NET-ZU’S PRIVACY POLICY [View our privacy policy page for more details] (TOGETHER, THESE “TERMS”). If you are not eligible, or do not agree to the Terms, then you do not have our permission to use the Service. YOUR USE OF THE SERVICE, AND NET-ZU’S PROVISION OF THE SERVICE TO YOU, CONSTITUTES AN AGREEMENT BY NET-ZU AND BY YOU TO BE BOUND BY THESE TERMS.
YOU AGREE TO RECEIVE TEXTS/CALLS FROM OR ON BEHALF OF NET-ZU AT THE PHONE NUMBER YOU PROVIDE TO US. THESE TEXTS/CALLS MAY INCLUDE MARKETING, INFORMATION ON PLATFORM UPDATES, AND SUPPORT. YOU UNDERSTAND AND AGREE THAT THESE TEXTS/CALLS MAY BE CONSIDERED TELEMARKETING UNDER APPLICABLE LAW, THEY MAY BE SENT USING AN AUTOMATIC TELEPHONE DIALLING SYSTEM OR OTHER AUTOMATED TECHNOLOGY, AND YOUR CONSENT IS NOT A CONDITION OF ANY PURCHASE.
ARBITRATION NOTICE. Except for certain kinds of disputes described in Section 17 (Dispute Resolution and Arbitration), you agree that disputes arising under these Terms will be resolved by binding, individual arbitration, and BY ACCEPTING THESE TERMS, YOU AND NET-ZU ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN ANY CLASS ACTION OR REPRESENTATIVE PROCEEDING.
ACKNOWLEDGEMENT OF RISK. YOU ACKNOWLEDGE AND AGREE THAT THERE ARE RISKS ASSOCIATED WITH USING USER CONTENT OR PUBLISHER SERVICES PURCHASED FROM OTHER USERS, USING AN INTERNET-BASED MARKETPLACE, AND INTERACTING WITH OTHER USERS IN PERSON.
1. Net-Zu Service Overview. Net-Zu provides an artificial intelligence B2B creative workflow platform that enables creative professionals and businesses (“Publishers”) to showcase, view, find, and hire creative talent to provide certain creative services (“Publisher Services”) and to license and sell such Publisher Services and User Content to other users (“Customers”). Such Publisher Services and User Content are offered solely as described by the provider through the Service either as part of the applicable listing or as otherwise communicated by the parties. Net-Zu does not provide any goods, items, or other services and does not have any oversight or control over the User Content or Publisher Services. Any transaction between a Publisher and Customer regarding Publisher Services or User Content is subject to any agreement (whether written or otherwise) between the Publisher and Customer, and not these Terms. Any communication or transaction between Publishers and Customers, including fees you may pay or charge (if any) for Publisher Services or User Content, the quality, safety, or legality of the same and the terms and conditions of any agreement you enter into with a Publisher or Customer (as applicable) is solely your responsibility.
2. Eligibility. You must be at least 18 years old to use the Service. By agreeing to these Terms, you represent and warrant to us that: (a) you are at least 18 years old; (b) you have not previously been suspended or removed from the Service; and (c) your registration and your use of the Service is in compliance with any and all applicable laws and regulations. If the Service is being used on behalf of a company or other entity by an individual authorized to accept this agreement on its behalf, then all references to “you” or “your” refer to the company or other entity. If you are a company or other entity, the individual accepting these Terms on your behalf represents and warrants that they have authority to bind you to these Terms and you agree to be bound by these Terms. If you are accepting these Terms on behalf of a company or other entity and an authorized representative of the entity has already accepted this agreement on behalf of the entity or entered into a separate agreement regarding the use of the service (“Separate Agreement”) prior to the date upon which you accept this agreement (“Effective Date”), this Agreement will not apply to you and the entity’s rights and obligations with respect to the Service will at all times be governed by, and subject to, the Separate Agreement.
3. Accounts and Registration. To access certain features of the Service, you must register for an account or login with supported third-party identity provider accounts (e.g., Apple, Facebook, Google, Microsoft, etc.). When you register for an account, you may be required to provide us with some information about yourself, such as your name, email address, mobile number, industry data (e.g., industry of your business), or other contact information. You agree that the information you provide to us is accurate, complete, and not misleading, and that you will keep it accurate and up to
date at all times. When you register, you will be asked to create a password. Net-Zu may allow users to log into the Service using credentials from supported third-party identity provider accounts (where direct or through a third party, a “Login”). By using your Login, you authorize Net-Zu to access certain information from your Login account as described in our Privacy Policy. This information may include, but is not limited to, your name and email address. You are responsible for maintaining the confidentiality of your Login credentials. You are also responsible for any activity that occurs through your account, whether or not authorized by you. Net-Zu may, at its sole discretion, disable your Login for any user at any time. You acknowledge and agree that your use of your Login may also subject to the terms of service and privacy policies of the applicable third-party integration. Net-Zu makes no representations or warranties about the security or privacy practices of any third-party identity providers. If you believe that your account is no longer secure, then you should immediately notify us at support@net-zu.com.
4. General Payment Terms. Certain features of the Service may require you to pay fees. Before you pay any fees, you will have an opportunity to review and accept the fees that you will be charged. Unless otherwise specifically provided for in these Terms, all fees are in U.S. Dollars and are non-refundable, except as required by law.
4.1. Price. Net-Zu reserves the right to determine pricing for the Service. Net-Zu will make reasonable efforts to keep pricing information published on the Service up to date. We encourage you to check our pricing page periodically for current pricing information. In addition to the Subscription fees and all other applicable fees, Net-Zu may charge you a fee based on a percentage of any transaction between a you (as a Publisher and/or as a Customer) and any other Publisher and/or Customer, as applicable, on the Service. Net-Zu may change the fees for any feature of the Service, including additional fees or charges, if Net-Zu gives you advance notice of changes before they apply. Net-Zu, at its sole discretion, may make promotional offers with different features and different pricing to any of Net-Zu’s customers. These promotional offers, unless made to you, will not apply to your offer or these Terms. Net-Zu may make certain promotional offers available to all users; terms for such promotional offers will be communicated at the time of registering for such promotion.
4.2. Authorization. You authorize Net-Zu to charge all sums for the orders that you make and any level of Service you select as described in these Terms or published by Net Zu, including all applicable taxes, to the payment method specified in your account. If you pay any fees with a credit card, then Net-Zu may seek pre-authorization of your credit card account prior to your purchase to verify that the credit card is valid and has the necessary funds or credit available to cover your purchase.
4.3. Subscription Service. The Service may include subscription-based plans with automatically recurring payments for periodic charges (“Subscription Service”). If and where necessary autorenewal cancellation terms are handled via canceling and/ or changing your subscription via the billing section of the users profile settings, furthermore Net-Zu uses Stripe as payment vendor, additional changes can be made via contacting Net-Zu via support@net-zu.com where we’re able to further assist in any changes. notice and disclosure of autorenewal as part of the Terms acceptance process; affirmative consent and acknowledgement; and notice of renewal all of which can be found via contacting Net-Zu. The “Subscription Billing Date” is the date you purchase your initial subscription to the Service. The Subscription Service begins on the Subscription Billing Date and continues for the subscription period you select in your account (the “Initial Subscription Period”). It will automatically renew for successive periods of the same duration as the Initial Subscription Period (the Initial Subscription Period and each renewal period, collectively a “Subscription Period”) unless you cancel the Subscription Service or we terminate it. By activating a Subscription Service, you authorize Net-Zu or its third-party payment processor(s) (e.g., Stripe (“Payment Processor”)) to periodically charge, on a recurring basis until cancellation, all accrued amounts on or before the payment due date. For information on the “Subscription Fee,” please see our latest pricing information available on our pricing page. Your account will be automatically charged on the Subscription Billing Date and sub-sequentially on each Subscription Period renewal date for all applicable fees and taxes. To avoid being charged for the next Subscription Period, you must cancel or change your Subscription Service before it renews. If you opt out of the Subscription Service, you may do so at any time, but no change will occur until the end of your then-current Subscription Period. Net-Zu or Payment Processor will bill the periodic Subscription Fee to the payment method associated with your account or otherwise provided to us. You may cancel the Subscription Service by requesting to remove your account through the account settings page, canceling the subscription via Stripe, or contacting us at support@net-zu.com.
TO PREVENT CHARGES FOR THE NEXT SUBSCRIPTION PERIOD, YOUR CANCELLATION MUST BE RECEIVED BEFORE THE RENEWAL DATE.
4.4. Payment Processing. We may utilize Payment Processor to facilitate transactions conducted through the Service. By using the Service and making payments, you agree to be bound by the terms and conditions and privacy policies of the applicable Payment Processor. You acknowledge and understand that the Payment Processor may collect and process certain information from you, including but not limited to your payment information, billing address, and transaction history, in accordance with their privacy policy. This information is collected and processed by the Payment Processor for the purpose of facilitating payment transactions and preventing fraud. We are not responsible for any security breaches or unauthorized access to your information that may occur on the Payment Processor’s systems. If we utilize a Payment Processor to facilitate transactions, you agree to comply with the platform agreement provided by that Payment Processor. To the fullest extent permitted by applicable law, we shall not be liable for any errors, omissions, or security breaches related to the Payment Processor’s services. Any disputes related to payment processing should be addressed directly with the Payment Processor in accordance with their terms of service. Net-Zu may use Stripe, Inc. (“Stripe”) as our Payment Processor (https://stripe.com). For specific details regarding Stripe’s Services, please refer to the following links: Stripe services agreement: https://stripe.com/legal/ consumer and Stripe privacy policy: https://stripe.com/privacy. You understand that the Payment Processor may modify its services and terms and conditions at any time. We are not responsible for any changes made by the Payment Processor that may affect your use of the Service. We reserve the right to change our Payment Processor at any time.
4.5. Delinquent Accounts. Net-Zu may suspend or terminate access to the Service, including fee-based portions of the Service, for any account for which any amount is due but unpaid. In addition to the amount due for the Service, a delinquent account will be charged with fees or charges that are incidental to any chargeback or collection of any the unpaid amount, including collection fees. If your payment method is no longer valid at the time a renewal Subscription Fee is due, then Net-Zu reserves the right to delete your account, and any information or User Content (defined below) associated with your account without any liability to you.
4.6. No Refunds. If you have confirmed and paid for the Publisher Services or User Content, you are not entitled to a refund for such payments, except as required by law or unless otherwise agreed by the Publisher. The Publisher or Net-Zu may provide a refund in their respective sole discretion for any Publisher Services and/or User Content. Notwithstanding the foregoing, if you are based in the United Kingdom or the European Union and you cancel your Subscription Service within 14 days of the Subscription Billing Date, you will receive a full refund (subject to a pro-rata deduction for any actual usage of the Service). If you cancel after 14 days following the Subscription Billing Date, you will not receive a refund and termination will take effect from the end of the then current Subscription Period.
4.7. Welcome Credit; Referral Credit. You may qualify for a $100 credit balance when registering an account for the first time on the Service. (“Welcome Credit”). You will only be eligible to earn one Welcome Credit, even if you open more than one account on the Service. The Welcome Credit may not be used until you have registered for Subscription Service for at least three consecutive months (“Minimum Commitment”). Upon meeting the Minimum Commitment, you may use the Welcome Credit to pay for instalments of the Subscription Service or you may withdraw the Welcome Credit. In addition, you may provide a referral code to another user who has not previously registered an account on the Service (“New User”). Once the New User has created an account on the Service, you will receive $50 (“Referral Credit”). Once the New User has met the Minimum Commitment, you may use the Referral Credit to pay for instalments of the Subscription Service or you may withdraw the Referral Credit. If you are a New User and you create an account with another user’s referral code, you will be entitled to a $50 credit balance. New Users who use another user’s referral code are not eligible to also receive the Welcome Credit. Net-Zu may, in its sole discretion, suspend or terminate your access to the Service if it determines you are abusing the referral system.
4.8. Free Service. A user may receive limited access and use of certain features and functionalities of the Service on a free basis which may not include the same features and functionalities that are made available to users who pay for the Service. This free Service is considered part of the Service and all provisions of these Terms relating to the Service apply. Net-Zu may terminate the free Service at any time for any reason.
4.9. Cash Reward.
(a) Overview and Eligibility. As part of the Service, Net-Zu offers a cash reward program (the “Program”) to all users, free and subscribed, who, subject to the user’s acceptance and obligation to remain in compliance with these Terms for the duration that the user uses the Service and during the time of the Reward Distribution Date, will be automatically enrolled in the Program (“Eligible Users”) when the Service has 500,000 users who have purchased the Subscription Service and have met the Minimum Commitment. No purchase is necessary to enter the Program. Net-Zu reserves the right to modify, suspend, or cancel the Program at any time within its reasonable discretion. Net-Zu will use commercially reasonable efforts to notify you in advance of any modification, suspension, or cancellation.
(b) Reward. After 30 days reaching and maintaining the necessary amount of users as described in Section 4.9(a) (the “Reward Distribution Date”), Net-Zu will randomly distribute ten million dollars ($10,000,000) among 175 Eligible Users (the “Reward”) in lump sum payments. Users who are selected may be required to complete verification procedures, at Net-Zu’s sole discretion and will be required to claim the reward within 14 days. Unclaimed rewards may be forfeited. The distribution will take place in the form of a credit balance on your account on the Service. The amount may be used as any other credit on the Service, including to pay for the Subscription Service, to transact with other users, or to withdraw to your linked bank account. Eligible Users who have received the Reward will be notified via the contact information associated with their account on the Service. You are responsible for any tax obligation related to the receipt of the Reward, including but not limited to income tax reporting.
(c) Program Exclusions. If you have been found or are suspected of violating the Terms or engaged in fraudulent activity related to the Program or the Terms, you may be disqualified from receiving the Reward. If Net-Zu believes, in its sole discretion, that you have created duplicate accounts on the Service for the sole purpose of manipulating Reward eligibility, you may be excluded at Net Zu’s discretion.
(d) Disclaimer. PARTICIPATION IN THE PROGRAM DOES NOT CONSTITUTE AN OFFER OR GUARANTEE OF COMPENSATION UNLESS AND UNTIL ALL ELIGIBILITY CRITERIA AND CONDITIONS HAVE BEEN MET. REWARDS ARE NOT TRANSFERABLE OR
EXCHANGEABLE, EXCEPT AS EXPRESSLY PROVIDED UNDER THIS SECTION.
5. Licenses.
5.1. Limited License. Subject to your complete and ongoing compliance with these Terms, Net-Zu grants you, solely for your personal, commercial use, a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to: (a) install and use one object code copy of any mobile or other downloadable application associated with the Service (whether installed by you or pre-installed on your mobile device by the device manufacturer or a wireless telephone provider) on a mobile device that you own or control; and (b) access and use the Service (the “License”). If you terminate your Subscription Service in the middle of a Subscription Period, and you have already paid the Subscription Fee to Net-Zu, you may continue to use the License for the remainder of the Subscription Period.
5.2. License Restrictions. Except and solely to the extent such a restriction is impermissible under applicable law, you may not: (a) reproduce, distribute, publicly display, publicly perform, or create derivative works of the Service; (b) make modifications to the Service; or (c) interfere with or circumvent any feature of the Service, including any security or access control mechanism. If you are prohibited under applicable law from using the Service, then you may not use it.
5.3. Feedback. We respect and appreciate the thoughts and comments from our users. If you choose to provide input and suggestions regarding existing functionalities, problems with or proposed modifications or improvements to the Service (“Feedback”), then you hereby grant Net-Zu an unrestricted, perpetual, irrevocable, non-exclusive, fully-paid, royalty-free right and license to exploit the Feedback in any manner and for any purpose, including to improve the Service and create other products and services. We will have no obligation to provide you with attribution for any Feedback you provide to us.
6. Ownership; Proprietary Rights. The Service is owned and operated by Net-Zu. The visual interfaces, graphics, design, compilation, information, data, computer code (including source code or object code), products, software, services, and all other elements of the Service provided by Net-Zu (“Materials”) are protected by intellectual property and other laws. All Materials included in the Service are the property of Net Zu or its third-party licensors. Except as expressly authorized by Net-Zu, you may not make use of the Materials. There are no implied licenses in these Terms and Net-Zu reserves all rights to the Materials not granted expressly in these Terms.
7. Third-Party Terms.
7.1. Third-Party Services and Linked Websites. Net-Zu may provide tools through the Service that enable you to export information, including User Content, to third-party services, including through features that allow you to link your account on the Service with an account on the third-party service, such as Twitter or Facebook, or through our implementation of third-party buttons (such as “like” or “share” buttons). By using one of these tools, you hereby authorize that Net-Zu to transfer that information to the applicable third-party service. Third-party services are not under Net-Zu’s control, and, to the fullest extent permitted by law, Net-Zu is not responsible for any third-party service’s use of your exported information. The Service may also contain links to third party websites. Linked websites are not under Net-Zu’s control, and Net-Zu is not responsible for their content. Please be sure to review the terms of use and privacy policy of any third-party services before you share any User Content or information with such third-party services. Once sharing occurs, Net-Zu will have no control over the information that has been shared.
7.2. Third-Party Software. The Service may include or incorporate third-party software components that are generally available free of charge under licenses granting recipients broad rights to copy, modify, and distribute those components (“Third Party Components”). Although the Service is provided to you subject to these Terms, nothing in these Terms prevents, restricts, or is intended to prevent or restrict you from obtaining Third-Party Components under the applicable third-party licenses or to limit your use of Third-Party Components under those third-party licenses.
8. User Content.
8.1. User Content Generally. Certain features of the Service may permit you to submit, upload, publish, broadcast, or otherwise transmit (“Post”) content to the Service, including messages, reviews, photos, video or audio (including sound or voice recordings and musical recordings embodied in the video or audio), images, data, text, information, and any other works of authorship or other works, including from third party platforms that are processed by Net-Zu (“User Content”). Through the Service, users can create and make available their User Content for other users to license such content. Do not Post any information or other materials that you consider confidential or proprietary through the Service. You retain any copyright and other proprietary rights that you may hold in the User Content that you Post to the Service, subject to the licenses granted in these Terms and other written agreements between you and other Users (if applicable).
8.2. Limited License Grant to Net-Zu. By Posting User Content to or via the Service, Publisher grants Net-Zu a worldwide, non-exclusive, sublicensable, royalty-free, fully paid right and license (with the right to sublicense through multiple tiers) to host, store, transfer, modify, copy, disclose, transmit publicly display, publicly perform (including by means of a digital audio transmission), communicate to the public (including for advertising, publicizing, and promotion of Publisher and the Services), reproduce, modify for the purpose of formatting for display, create derivative works as authorized in these Terms, perform, and distribute your User Content, in whole or in part, in any media formats and through any media channels, in each instance whether now known or hereafter developed to (i) provide the Service; and (ii) derive or generate information, such as technical logs, data, and learnings about use of the Service (“Operation Data”). Net-Zu may store, use and/or process your User Content and Operation Data for its internal business purposes, as well as to improve and create products or services. All of the rights you grant in these Terms are provided on a through-to-the-audience basis, meaning the owners or operators of external services will not have any separate liability to you or any other third party for User Content Posted or otherwise used on external services via the Service. You agree to pay all monies owing to any person or entity resulting from Posting your User Content and from Net-Zu’s exercise of the license set forth in this Section.
8.3. Specific Rules for Photographs and Images. If you Post a photograph or image to the Service that includes one or more persons, you hereby grant such persons and their administrators, guardians, heirs, and trustees, if any, an irrevocable, perpetual, royalty free, fully paid-up, worldwide license to reproduce, distribute, and publicly display that photograph for personal use and through any online platform or service, including the Service, Facebook, Instagram, and Twitter, but not to promote any third-party product, good, or service. The license contained in this Section does not permit the subject of any photo or their administrators, guardians, heirs, or trustees to sell that image or photograph, whether on a standalone basis or as embodied in any product.
8.4. Specific Rules for Musical Works and for Recording Artists. If you are a composer or author of a musical work and have granted non-exclusive rights to a Performing Rights Organization (“PRO”), then you must notify your PRO of the royalty-free license you grant through these Terms to Net-Zu. You are solely responsible for ensuring your compliance with the relevant PRO’s reporting obligations. If you have assigned your rights to a music publisher or a PRO, then you must obtain the consent of that music publisher or PRO to grant the royalty-free license(s) set forth in these Terms or have that music publisher or PRO enter into these Terms with Net-Zu. Just because you authored a musical work (e.g., wrote a song) does not mean you have the right to grant Net-Zu the licenses in these Terms. If you are a recording artist under contract with a record label, then you are solely responsible for ensuring that your use of the Service is in compliance with any contractual obligations you have to your record label, including if you create any new recordings through the Service that may be claimed by your label. Finally, if you wish to perform a cover song and Post it to the Service, you are responsible for securing all rights in and to the underlying musical work before Posting your recording or performance of that musical work to the Service.
8.5. You Must Have Rights to the Content You Post; User Content Representations and Warranties. You must not Post User Content if you are not the owner of or are not fully authorized to grant rights in all of the elements of that User Content, including in all ambient music and underlying musical works embodied in any sound recordings. Net-Zu disclaims any and all liability in connection with User Content. You are solely responsible for your User Content and the consequences of providing User Content via the Service. By providing User Content via the Service, you affirm, represent, and warrant to us that:
(a) you are the creator and owner of the User Content, or have the necessary licenses, rights, consents, and permissions to authorize Net-Zu and users of the Service to use and distribute your User Content as necessary to exercise the licenses granted by you in this Section, in the manner contemplated by Net-Zu, the Service, and these Terms;
(b) your User Content, and the Posting or other use of your User Content as contemplated by these Terms, does not and will not: (i) infringe, violate, misappropriate, or otherwise breach any third-party right, including any copyright, trademark, patent, trade secret, moral right, privacy right, right of publicity, or any other intellectual property, contract, or proprietary right; (ii) slander, defame, libel, or invade the right of privacy, publicity or other property rights of any other person; or (iii) cause Net-Zu to violate any law or regulation or require us to obtain any further licenses from or pay any royalties, fees, compensation or other amounts or provide any attribution to any third parties;
(c) your User Content materially conforms to the descriptions that you provide and make available to Customers and that you will immediately upon learning that any previously provided specification, description, or information regarding your User Content is inaccurate or misleading that you will promptly make any corrections necessary to make such information complete and accurate; and
(d) your User Content could not be deemed by a reasonable person to be objectionable, profane, indecent, pornographic, harassing, threatening, embarrassing, hateful, or otherwise inappropriate.
8.6. User Content Purchases. Customers may purchase Publisher’s User Content. Publisher will be responsible for fulfilling any orders and processing any returns associated with each order. To the extent required by applicable law or as rightfully imposed by a regulator, governmental authority, legal or professional body, Net-Zu will comply with such requirements, including managing, blocking, refunding, and completing all types of payments are required. Publisher agrees that Net-Zu will not be liable for: (a) any defects or nonconformities in your User Content or Publisher Services; (b) any failure or delay in the delivery of User Content or Publisher Services to the Customer; (c) any failure of your User Content or Publisher Services to comply with applicable regulations or laws.
8.7. User Content Disclaimer. We are under no obligation to edit or control User Content that you or other users Post and will not be in any way responsible or liable for User Content. Net-Zu may, however, at any time and without prior notice, screen, remove, edit, or block any User Content that in our sole judgment violates these Terms, is alleged to violate the rights of third parties, or is otherwise objectionable. You understand that, when using the Service, you will be exposed to User Content from a variety of sources and acknowledge that User Content may be inaccurate, offensive, indecent, or objectionable. You agree to waive, and do waive, any legal or equitable right or remedy you have or may have against Net-Zu with respect to User Content. If notified by a user or content owner that User Content allegedly does not conform to these Terms, we may investigate the allegation and determine in our sole discretion whether to remove the User Content, which we reserve the right to do at any time and without notice. For clarity, Net-Zu does not permit infringing activities on the Service.
8.8. Monitoring Content. Net-Zu does not control and does not have any obligation to monitor: (a) User Content; (b) any content made available by third parties; or (c) the use of the Service by its users. You acknowledge and agree that Net-Zu reserves the right to, and may from time to time, monitor any and all information transmitted or received through the Service for operational and other purposes. If at any time Net-Zu chooses to monitor the content, then Net-Zu still assumes no responsibility or liability for content or any loss or damage incurred as a result of the use of content. During monitoring, information may be examined, recorded, copied, and used in accordance with our Privacy Policy (defined below). Net-Zu may block, filter, mute, remove or disable access to any User Content uploaded to or transmitted through the Service without any liability to the user who Posted such User Content to the Service or to any other users of the Service.
9. Communications.
9.1. Text Messaging & Phone Calls. You agree that Net-Zu and those acting on our behalf may call and send you text (SMS) messages at the phone number you provide us. These calls and messages may include operational calls or messages about your use of the Service, as well as marketing calls or messages. Calls and text messages may be made or sent using an automatic telephone dialing system. Standard data and message rates may apply whenever you send or receive such calls or messages, as specified by your carrier. IF YOU WISH TO OPT OUT OF MARKETING CALLS AND TEXT MESSAGES FROM Net-Zu, YOU CAN EMAIL SUPPORT@NET-ZU.COM OR TEXT THE WORD “STOP” TO THE NUMBER FROM WHICH YOU ARE RECEIVING THE MESSAGES. IF YOU WISH TO OPT OUT OF ALL CALLS AND TEXT MESSAGES FROM Net-Zu, YOU CAN EMAIL SUPPORT@NET-ZU.COM OR TEXT THE WORD “STOPALL” TO THE NUMBER FROM WHICH YOU ARE RECEIVING THE MESSAGES, HOWEVER YOU ACKNOWLEDGE THAT OPTING OUT OF RECEIVING ALL MESSAGES MAY IMPACT YOUR USE OF THE SERVICE. You may continue to receive calls and text messages for a short period while we process your request, including a message confirming the receipt of your opt-out request. Your agreement to receive marketing calls and texts is not a condition of any purchase on or use of the Service.
9.2. Push Notifications. When you install our app on your mobile device or other supported device, you agree to receive push notifications, which are messages an app sends you on your device when you are not in the app. You can turn off notifications by visiting your device’s “settings” page.
9.3. Email. We may send you emails concerning our products and services, as well as those of third parties. You may opt out of promotional emails by following the unsubscribe instructions in the promotional email itself.
10. Your Obligations; Prohibited Conduct.
10.1. Your Obligations. BY USING THE SERVICE, THE BELOW OBLIGATIONS APPLY AS APPLICABLE DEPENDING ON IF YOU ARE USING THE SERVICES AS A PUBLISHER OR CUSTOMER:
(a) Customer’s Acknowledgement, Release, and Waiver. Without limiting anything in these Terms, as a Customer, you understand, acknowledge, and agree to the following:
(1) YOU ACKNOWLEDGE THAT YOU ARE KNOWINGLY AND VOLUNTARILY USING AN INTERNET-BASED MARKETPLACE, INTERACTING WITH OTHER USERS IN PERSON, AND USING USER CONTENT AND PROVIDER SERVICES WITH AN EXPRESS UNDERSTANDING OF THE INHERENT DANGERS INVOLVED IN SUCH ACTIVITIES AND HEREBY AGREE TO ACCEPT AND ASSUME ANY AND ALL RISKS OF INJURY, DISABILITY, DEATH, AND/OR PROPERTY DAMAGE ARISING FROM YOUR USE OF THE SERVICE.
(2) WE DO NOT INVESTIGATE OR VERIFY ANY USER’S REPUTATION, CONDUCT, MORALITY, CRIMINAL BACKGROUND, OR ANY INFORMATION USERS MAY SUBMIT TO THE SERVICES, INCLUDING USER CONTENT OR PROVIDER SERVICES DESCRIPTIONS.
(3) YOU ARE SOLELY RESPONSIBLE FOR TAKING ALL NECESSARY PRECAUTIONS WHEN INTERACTING WITH OTHER USERS, PARTICULARLY WHEN MEETING A STRANGER IN PERSON FOR THE FIRST TIME.
(4) YOU ARE SOLELY RESPONSIBLE FOR, AND ASSUME ALL RISKS RELATED TO USER CONTENT AND PROVIDER SERVICES (INCLUDING ALL ONLINE AND OFFLINE INTERACTIONS WITH OTHER USERS).
(5) YOU ARE LICENSING AND PURCHASING USER CONTENT AND PROVIDER SERVICES FROM PUBLISHERS “AS-IS,” WITHOUT ANY REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXCEPT AS MAY BE EXPRESSLY SET FORTH IN THE USER CONTENT OR PROVIDER SERVICE DESCRIPTION.
(b) Customer’s Release and Waiver of Publisher. Without limiting anything in these Terms, as a Customer, except for Publisher’s gross negligence, willful misconduct, or any other liabilities that applicable law does not permit to be released by agreement, to the fullest extent allowed by law, you hereby expressly waive and release any and all claims, now known or hereafter known, against the applicable Publisher arising out of or attributable to your use of User Content and Publisher Services, whether arising out of the ordinary negligence of the applicable Publisher or otherwise. You covenant not to make or bring any such claim against the applicable Publisher, and forever release and discharge the applicable Publisher from liability under such claims.
(c) Customer’s Release and Waiver of Net-Zu. Without limiting anything in these Terms, as a Customer, except for Net-Zu’s gross negligence, willful misconduct, or any other liabilities that applicable law does not permit to be released by agreement, to the fullest extent allowed by law, you hereby expressly waive and release any and all claims, now known or hereafter known, against any Net-Zu Entities, arising out of or attributable to your use of User Content or Provider Services, whether arising out of the ordinary negligence of a Publisher, any Net-Zu Entities, or otherwise. You covenant not to make or bring any such claim against any Net-Zu Entities, and forever release and discharge all Net-Zu Entities from liability under such claims.
(d) Publisher’s Acknowledgement, Indemnification, Release, and Waiver. Without limiting anything in these Terms, as a Publisher, you understand, acknowledge, and agree to the following:
(1) While Net-Zu aims to protect Publishers who use the Service to provide User Content and Provider Services in good faith, Net-Zu does not guarantee (and nothing in these terms should be interpreted as a representation or warranty that) that Publishers will be immune from liability arising out of Customer’s use of User Content or Provider Services. As a Publisher, you may be liable for User Content and Publisher Services you provide, depending on applicable law and a variety of unpredictable factors beyond Net-Zu’s control.
(2) YOU ACKNOWLEDGE THAT YOU ARE KNOWINGLY AND VOLUNTARILY USING AN INTERNET-BASED MARKETPLACE, INTERACTING WITH OTHER USERS IN PERSON, AND USING USER CONTENT AND PROVIDER SERVICES WITH AN EXPRESS UNDERSTANDING OF THE INHERENT DANGERS INVOLVED IN SUCH ACTIVITIES AND HEREBY AGREE TO ACCEPT AND ASSUME ANY AND ALL RISKS OF INJURY, DISABILITY, DEATH, AND/OR PROPERTY DAMAGE ARISING FROM YOUR USE OF THE SERVICE.
(3) WE DO NOT INVESTIGATE OR VERIFY ANY USER’S REPUTATION, CONDUCT, MORALITY, CRIMINAL BACKGROUND, OR ANY INFORMATION USERS MAY SUBMIT TO THE SERVICES.
(4) YOU ARE SOLELY RESPONSIBLE FOR TAKING ALL NECESSARY PRECAUTIONS WHEN INTERACTING WITH OTHER USERS, PARTICULARLY WHEN MEETING A STRANGER IN PERSON FOR THE FIRST TIME.
(5) YOU ARE SOLELY RESPONSIBLE FOR, AND ASSUME ALL RISKS RELATED TO, PROVIDING USER CONTENT AND PROVIDER SERVICES THROUGH THE SERVICES (INCLUDING ALL ONLINE AND OFFLINE INTERACTIONS WITH OTHER USERS).
(6) YOU ARE SOLELY RESPONSIBLE FOR, AND ASSUME ALL LIABILITIES, OBLIGATIONS, RESPONSIBILITIES, AND RISKS RELATED TO, ANY REPRESENTATIONS OR WARRANTIES THAT YOU SET FORTH IN THE USER CONTENT’S AND PROVIDER SERVICES’ DESCRIPTION OR OTHERWISE COMMUNICATE WITH RESPECT TO YOUR USER ITEMS.
(e) Publisher’s Release and Waiver of Net-Zu. Without limiting anything in these Terms, as a Publisher, except for Net-Zu’s gross negligence, willful misconduct, or any other liabilities that applicable law does not permit to be released by agreement, to the fullest extent allowed by law, you hereby expressly waive and release any and all claims, now known or hereafter known, against any Net-Zu Entities, arising out of or attributable to the provision of User Content or Publisher Services, whether arising out of the ordinary negligence of a Customer, any Net-Zu Entities, or otherwise. You covenant not to make or bring any such claim against any Net-Zu Entities, and forever release and discharge all Net-Zu Entities from liability under such claims.
10.2. Prohibited Conduct. BY USING THE SERVICE, YOU AGREE NOT TO:
(a) use the Service for any illegal purpose or in violation of any local, state, national, or international law;
(b) harass, threaten, demean, embarrass, bully, or otherwise harm any other user of the Service;
(c) upload to the Service any sexual content that: (i) clearly shows sexual acts, depicts patently offensive sexually suggestive conduct designed mainly to cause arousal, meets the legal definition of obscenity, depicts or seems to depict individuals without their consent, or depicts or seems to depict minors; (ii) shows child sexual abuse material, child pornography, or depictions of nudity or sexual activity shared without the depicted individuals’ consent (like “revenge pornography”); (iii) depicts or promotes human trafficking or any form of sexual exploitation or abuse; or (iv) promotes or glorifies non consensual sexual acts;
(d) violate, encourage others to violate, or provide instructions on how to violate, any right of a third party, including a third party’s privacy rights or by infringing or misappropriating any third-party intellectual property right;
(e) access, search, or otherwise use any portion of the Service through the use of any engine, software, tool, agent, device, or mechanism (including spiders, robots, crawlers, and data mining tools) other than the software or search agents provided by Net-Zu;
(f) interfere with security-related features of the Service, including by: (i) disabling or circumventing features that prevent or limit use, printing or copying of any content; or (ii) reverse engineering or otherwise attempting to discover the source code of any portion of the Service except to the extent that the activity is expressly permitted by applicable law;
(g) interfere with the operation of the Service or any user’s enjoyment of the Service, including by: (i) uploading or otherwise disseminating any virus, adware, spyware, worm, or other malicious code; (ii) making any unsolicited offer or advertisement to another user of the Service; (iii) collecting personal information about another user or third party without consent; or (iv) interfering with or disrupting any network, equipment, or server connected to or used to provide the Service;
(h) perform any fraudulent activity including impersonating any person or entity, claiming a false affiliation or identity, or accessing any other Service account without permission;
(i) sell or otherwise transfer the access granted under these Terms or any Materials (as defined in Section 6 (Ownership; Proprietary Rights)) or any right or ability to view, access, or use any Materials; or
(j) attempt to do any of the acts described in this Section 10 (Prohibited Conduct) or assist or permit any person in engaging in any of the acts described in this Section 10 (Prohibited Conduct).
We reserve the right to report any activity or material that we suspect violates any law, regulation, or this Section 10 to the appropriate legal authorities or other appropriate third parties and cooperate with such third parties to investigate and prosecute illegal conduct. Our reporting may include disclosing information related to the violation of this Section 10.
11. Intellectual Property Rights Protection. This Section 11 applies only to users domiciled in the United States.
11.1. Respect of Third Party Rights. Net-Zu respects the intellectual property rights of others, takes the protection of intellectual property rights very seriously, and asks users of the Service to do the same. Infringing activity will not be tolerated on or through the Service.
11.2. DMCA Notification. We comply with the provisions of the Digital Millennium Copyright Act applicable to Internet service providers (17 U.S.C. § 512, as amended). If you have an intellectual property rights-related complaint about any material on the Service, you may contact our Designated Agent at the following address:
Net-Zu Limited
Attn: Legal Department (IP Notification)
Department, Leeds Dock, 4 The Boulevard, Leeds, England, LS10 1PZ
Email: support@net-zu.com
11.3. Procedure for Reporting Claimed Infringement. If you believe that any content made available on or through the Service has been used or exploited in a manner that infringes an intellectual property right you own or control, then please promptly send a written “Notification of Claimed Infringement” to the Designated Agent identified above containing the following information:
(a) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other right being infringed;
(b) a description of the copyrighted work or other intellectual property right that you claim has been infringed;
(c) a description of the material that you claim is infringing and where it is located on the Service;
(d) your address, telephone number, and email address;
(e) a statement by you that you have a good faith belief that the use of the materials on the Service of which you are complaining is not authorized by the copyright or other intellectual property right owner, its agent, or the law; and
(f) a statement by you that the above information in your notice is accurate and that, under penalty of perjury, you are the copyright or other intellectual property right owner or authorized to act on the copyright or intellectual property owner’s behalf.
Your Notification of Claimed Infringement may be shared by Net-Zu with the user alleged to have infringed a right you own or control as well as with the operators of publicly available databases that track notifications of claimed infringement, and you consent to Net-Zu making such disclosures. You should consult with your own lawyer or see 17 U.S.C. § 512 to confirm your obligations to provide a valid notice of claimed infringement.
11.4. Repeat Infringers. Net-Zu’s policy is to: (a) remove or disable access to material that Net-Zu believes in good faith, upon notice from an intellectual property rights owner or authorized agent, is infringing the intellectual property rights of a third party by being made available through the Service; and (b) in appropriate circumstances, to terminate the accounts of and block access to the Service by any user who repeatedly or egregiously infringes other people’s copyright or other intellectual property rights. Net-Zu will terminate the accounts of users that are determined by Net-Zu to be repeat infringers. Net-Zu reserves the right, however, to suspend or terminate accounts of users in our sole discretion.
11.5. Counter Notification. If you receive a notification from Net-Zu that material made available by you on or through the Service has been the subject of a Notification of Claimed Infringement, then you will have the right to provide Net-Zu with what is called a “Counter Notification.” To be effective, a Counter Notification must be in writing, provided to Net-Zu’s Designated Agent through one of the methods identified in Section 11.2 (DMCA Notification), and include substantially the following information:
(a) your physical or electronic signature;
(b) identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access to it was disabled;
(c) a statement under penalty of perjury that you have a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material to be removed or disabled; and
(d) your name, address, and telephone number, and a statement that you consent to the jurisdiction of Federal District Court for the judicial district in which the address is located, or if you are residing outside of the United States, then for any judicial district in which Net-Zu may be found, and that you will accept service of process from the person who provided notification under Section 11.2 (DMCA Notification) above or an agent of that person.
A party submitting a Counter Notification should consult a lawyer or see 17 U.S.C. § 512 to confirm the party’s obligations to provide a valid counter notification under the Copyright Act.
11.6. Reposting of Content Subject to a Counter Notification. If you submit a Counter Notification to Net-Zu in response to a Notification of Claimed Infringement, then Net Zu will promptly provide the person who provided the Notification of Claimed Infringement with a copy of your Counter Notification and inform that person that Net Zu will replace the removed User Content or cease disabling access to it in 10 business days, and Net-Zu will replace the removed User Content and cease disabling access to it not less than 10, nor more than 14, business days following receipt of the Counter Notification, unless Net-Zu’s Designated Agent receives notice from the party that submitted the Notification of Claimed Infringement that such person has filed an action seeking a court order to restrain the user from engaging in infringing activity relating to the material on Net-Zu’s system or network.
11.7. False Notifications of Claimed Infringement or Counter Notifications. The Copyright Act provides at 17 U.S.C. § 512(f) that: “[a]ny person who knowingly materially misrepresents under [Section 512 of the Copyright Act (17 U.S.C. § 512)] (1) that material or activity is infringing, or (2) that material or activity was removed or disabled by mistake or misidentification, will be liable for any damages, including costs and attorneys’ fees, incurred by the alleged infringer, by any copyright owner or copyright owner’s authorized licensee, or by a service provider, who is injured by such misrepresentation, as the result of [Net-Zu] relying upon such misrepresentation in removing or disabling access to the material or activity claimed to be infringing, or in replacing the removed material or ceasing to disable access to it.” Net-Zu reserves the right to seek damages from any party that submits a Notification of Claimed Infringement or Counter Notification in violation of the law.
12. Modification of Terms. We may, from time to time, change these Terms. Please check these Terms periodically for changes. Revisions will be effective immediately except that, for existing users, material revisions will be effective 30 days after posting or notice to you of the revisions unless otherwise stated. We may require that you accept modified Terms in order to continue to use the Service. If you do not agree to the modified Terms, then you should remove your User Content and discontinue your use of the Service. Except as expressly permitted in this Section 12 (Modification of Terms), these Terms may be amended only by a written agreement signed by authorized representatives of the parties to these Terms.
13. Term, Termination, and Modification of the Service.
13.1. Term. These Terms are effective beginning when you accept the Terms or first download, install, access, or use the Service, and ending when terminated as described in Section 13.2 (Termination).
13.2. Termination. If you violate any provision of these Terms, then your authorization to access the Service and these Terms automatically terminate. In addition, Net-Zu may, at its sole discretion, terminate these Terms or your account on the Service, or suspend or terminate your access to the Service, at any time for any reason or no reason, with or without notice, and without any liability to you arising from such termination. You may terminate your account and these Terms at any time by requesting to remove your account through the account settings page or contacting customer service at support@net-zu.com.
13.3. Effect of Termination. Upon termination of these Terms: (a) your license rights will terminate and you must immediately cease all use of the Service (except as set forth under these Terms); (b) you will no longer be authorized to access your account or the Service (except as set forth under these Terms); (c) you must pay Net-Zu any unpaid amount that was due prior to termination; and (d) all payment obligations accrued prior to termination and Sections 5.3 (Feedback), 6 (Ownership; Proprietary Rights), 13.3 (Effect of Termination), 14 (Indemnity), 15 (Disclaimers; No Warranties by Net-Zu), 16 (Limitation of Liability), 17 (Dispute Resolution and Arbitration), and 18 (Miscellaneous) will survive. You are solely responsible for retaining copies of any User Content you Post to the Service since upon termination of your account, you may lose access rights to any User Content you Posted to the Service. If your account has been terminated for a breach of these Terms, then you are prohibited from creating a new account on the Service using a different name, email address or other forms of account verification.
13.4. Modification of the Service. Net-Zu reserves the right to modify or discontinue all or any portion of the Service at any time (including by limiting or discontinuing certain features of the Service), temporarily or permanently, without notice to you. Net-Zu will have no liability for any change to the Service, including any paid-for functionalities of the Service, or any suspension or termination of your access to or use of the Service. You should retain copies of any User Content you Post to the Service so that you have permanent copies in the event the Service is modified in such a way that you lose access to User Content you Posted to the Service.
14. Indemnity. To the fullest extent permitted by law, you are responsible for your use of the Service, and you will defend and indemnify Net-Zu, its affiliates and their respective shareholders, directors, managers, members, officers, employees, consultants, and agents (together, the “Net-Zu Entities”) from and against every claim brought by a third party, and any related liability, damage, loss, and expense, including attorneys’ fees and costs, arising out of or connected with: (1) your unauthorized use of, or misuse of, the Service; (2) your violation of any portion of these Terms, any representation, warranty, or agreement referenced in these Terms, or any applicable law or regulation; (3) your violation of any third-party right, including any intellectual property right or publicity, confidentiality, other property, or privacy right; (4) any dispute or issue between you and any third party or (including between you and a Publisher or Customer, as applicable, related to any User Content or Publisher Service to the extent it does not arise out of Net-Zu’s willful or grossly negligent action or inaction related to its obligations under these Terms); or (5) your gross negligence, willful misconduct, or any other liabilities that applicable law does not permit to be released by these Terms. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you (without limiting your indemnification obligations with respect to that matter), and in that case, you agree to cooperate with our defense of those claims.
15. Disclaimers; No Warranties by Net-Zu.
15.1. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, AND EXCEPT FOR THE WARRANTIES, REPRESENTATIONS, CONDITIONS AND OBLIGATIONS EXPRESSLY SET OUT IN THESE TERMS, THE SERVICE AND ALL MATERIALS AND CONTENT (INCLUDING USER CONTENT AND PUBLISHER SERVICES) AVAILABLE THROUGH THE SERVICE ARE PROVIDED “AS IS” AND ON AN “AS AVAILABLE” BASIS. NET-ZU DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, RELATING TO THE SERVICE AND ALL MATERIALS AND CONTENT AVAILABLE THROUGH THE SERVICE, INCLUDING: (a) ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, QUIET ENJOYMENT, OR NON-INFRINGEMENT; AND (b) ANY WARRANTY ARISING OUT OF COURSE OF DEALING, USAGE, OR TRADE. NET-ZU DOES NOT WARRANT THAT THE SERVICE OR ANY PORTION OF THE SERVICE, OR ANY MATERIALS OR CONTENT (INCLUDING USER CONTENT AND PUBLISHER SERVICES) OFFERED THROUGH THE SERVICE, WILL BE UNINTERRUPTED, SECURE, OR FREE OF ERRORS, VIRUSES, OR OTHER HARMFUL COMPONENTS, AND NET-ZU DOES NOT WARRANT THAT ANY OF THOSE ISSUES WILL BE CORRECTED. USERS MAY HAVE OTHER STATUTORY RIGHTS, BUT ANY STATUTORILY REQUIRED WARRANTIES WILL BE PERFORMANCE TO THE SHORTEST LEGALLY PERMITTED PERIOD.
15.2. YOU ACKNOWLEDGE AND AGREE THAT: (A) PORTIONS OF THE SERVICES PROVIDED BY NET ZU RELY ON ARTIFICIAL INTELLIGENCE AND MACHINE LEARNING WHICH, BY NATURE, PRODUCES OUTPUTS THAT ARE BASED ON PROBABILISTIC REASONING AND THEREFORE MAY NOT ALWAYS BE ACCURATE, COMPLETE, RELEVANT, USEFUL, OR ERROR FREE. (B) DUE TO THE NATURE OF THE SERVICES AND MACHINE LEARNING OR ARTIFICIAL INTELLIGENCE TECHNOLOGY GENERALLY, OUTPUT MAY NOT BE UNIQUE, NOVEL, EXCLUSIVE, OR OTHERWISE SPECIFIC TO YOU OR YOUR INPUT AND OTHER USERS OF THE SERVICES MAY RECEIVE SIMILAR OUTPUT VIA THE SERVICES; (C) THE OUTPUT OR ANY PART THEREOF MAY (1) BE OWNED OR CONTROLLED BY A THIRD PARTY, OR (2) PROTECTED OR PROTECTABLE BY INTELLECTUAL PROPERTY OR OTHER PROPRIETARY RIGHTS; AND (D) OUTPUT MAY HAVE APPLICABILITY OR OTHERWISE BE RELEVANT TO OTHER USERS OF THE SERVICES. TO THE GREATEST EXTENT PERMITTED BY LAW, NET-ZU MAKES NO REPRESENTATION OR WARRANTY WITH RESPECT TO ANY OF THE FOREGOING ACKNOWLEDGMENTS AND NET-ZU IS NOT RESPONSIBLE FOR ANY DAMAGE THAT MAY RESULTS FROM THE USE OF ARTIFICIAL INTELLIGENCE AND MACHINE LEARNING ASPECTS OF THE SERVICES. NET-ZU HEREBY EXPRESSLY DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES, WHETHER EXPRESS OR IMPLIED, REGARDING THE ACCURACY, COMPLETENESS, RELIABILITY, SAFETY, SUITABILITY, OR REGULATORY COMPLIANCE OF ANY INFORMATION PROVIDED BY ANY AI ELEMENTS OF THE SERVICE AND ANY ACTIONS OR INACTIONS TAKEN IN RELIANCE ON SUCH INFORMATION. ANY DECISIONS MADE BASED ON INFORMATION PROVIDED BY THE AI ELEMENTS MUST BE MADE SOLELY IN RELIANCE UPON INDEPENDENT ASSESSMENT. NET-ZU SHALL NOT BE LIABLE FOR ANY CLAIMS, LOSSES, OR DAMAGES ARISING FROM THE ACTIONS OR DECISIONS MADE BY YOU OR ANY THIRD PARTIES BASED ON THE INFORMATION PROVIDED BY ANY AI ELEMENTS OF THE SERVICE. ANY RELIANCE ON THE SERVICE’S AI ELEMENTS ARE SOLELY AT YOUR OWN RISK. THE SERVICE’S AI ELEMENTS DO NOT PROVIDE PROFESSIONAL ADVICE.
15.3. NET-ZU MAKES NO REPRESENTATIONS ABOUT THE QUANTITY, SUFFICIENCY, TYPE OR QUALITY OF PUBLISHER’S USER CONTENT OR PUBLISHER SERVICES REPRESENTED ON THE SERVICE. WE DO NOT GUARANTEE THAT THE INFORMATION PROVIDED BY THE PUBLISHERS AND CUSTOMERS WHETHER WITHIN OR APART FROM THE SERVICES IS ACCURATE OR COMPLETE. YOU UNDERSTAND AND ACCEPT THAT BUSINESSES AND CONTACT INFORMATION COLLECTED HAVE NOT BEE SCREENED, DILIGENCED, OR VALIDATED BY NET
ZU AND ARE NOT GUARANTEED TO BE ACCURATE OR ERROR-FREE AND ALL RISKS OF CONDITION, USE, QUALITY, OR FITNESS ARE YOURS.
15.4. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM THE SERVICE OR NET-ZU ENTITIES OR ANY MATERIALS OR CONTENT (INCLUDING USER CONTENT AND PUBLISHER SERVICES) AVAILABLE THROUGH THE SERVICE WILL CREATE ANY WARRANTY REGARDING ANY OF THE NET-ZU ENTITIES OR THE SERVICE (INCLUDING USER CONTENT AND PUBLISHER SERVICES) THAT IS NOT EXPRESSLY STATED IN THESE TERMS. WE ARE NOT RESPONSIBLE FOR ANY DAMAGE THAT MAY RESULT FROM THE SERVICE AND YOUR DEALING WITH ANY OTHER SERVICE USER OR ANY USER CONTENT OR PUBLISHER SERVICES, INCLUDING ANY PERSONAL OR PSYCHOLOGICAL INJURY, PAIN, SUFFERING, TEMPORARY OR PERMANENT DISABILITY, DEATH, PROPERTY DAMAGE, OR FINANCIAL OR OTHER LOSS OR LIABILITY. YOU UNDERSTAND AND AGREE THAT YOU USE ANY PORTION OF THE SERVICE AT YOUR OWN DISCRETION AND RISK, AND THAT WE ARE NOT RESPONSIBLE FOR ANY DAMAGE TO YOUR PROPERTY (INCLUDING YOUR COMPUTER SYSTEM OR MOBILE DEVICE USED IN CONNECTION WITH THE SERVICE) OR ANY LOSS OF DATA, INCLUDING USER CONTENT.
15.5. THE LIMITATIONS, EXCLUSIONS AND DISCLAIMERS IN THIS SECTION 15 (DISCLAIMERS; NO WARRANTIES BY NET-ZU) APPLY TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW. Net-Zu does not disclaim any warranty or other right that Net-Zu is prohibited from disclaiming under applicable law.
15.6. WITHOUT LIMITING ANYTHING IN THESE TERMS, USERS—NOT NET-ZU—ARE RESPONSIBLE FOR ALL MATTERS REGARDING USER CONTENT AND PUBLISHER SERVICES, INCLUDING, BUT NOT LIMITED TO a) FULFILLMENT, DELIVERY, AND RETURN OF USER CONTENT AND PUBLISHER SERVICES, b) ANY USER’S WARRANTY OR GUARANTEE, WHICH IS SOLELY BETWEEN YOU AND THE OTHER USER, OR c) ANY OTHER INFORMATION COMMUNICATED BETWEEN USERS, INCLUDING IN THE USER CONTENT’s AND PUBLISHER SERVICES’ DESCRIPTION. THE FACT THAT THE SERVICE ENABLES COMMUNICATION WITH OTHER USERS REGARDING USER CONTENT AND PUBLISHER SERVICES SHOULD NOT BE CONSTRUED AS AN ENDORSEMENT OF ANY USER, ANY USER CONTENT OR PUBLISHER SERVICES, OR RELATED USER CONTENT OR PUBLISHER SERVICES DESCRIPTIONS. NET-ZU DOES NOT ASSUME, AND EXPRESSLY DISCLAIMS, RESPONSIBILITY FOR ANY USER CONTENT, PUBLISHER SERVICES, CONTENT, SERVICES, WEBSITES, ADVERTISEMENTS, OFFERS, OR OTHER INFORMATION THAT ARE PROVIDED BY OTHER USERS OR MADE AVAILABLE THROUGH THE SERVICE. IF YOU PURCHASE, USE, OR ACCESS ANY USER CONTENT, PUBLISHER SERVICES, CONTENT, SERVICES, ADVERTISEMENTS, OFFERS, OR OTHER INFORMATION THROUGH THE SERVICE, YOU AGREE THAT YOU DO SO AT YOUR OWN RISK AND THAT NET-ZU WILL HAVE NO LIABILITY BASED ON SUCH PURCHASE, USE, OR ACCESS.
16. Limitation of Liability.
16.1. TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT WILL THE NET-ZU ENTITIES BE LIABLE TO YOU FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES (INCLUDING DAMAGES FOR LOSS OF PROFITS, GOODWILL, REVENUE, ANTICIPATED SAVINGS, BUSINESS, OPPORTUNITY, ANY OTHER INTANGIBLE LOSS, LOSS DUE TO BUSINESS INTERRUPTION, OR LOSS, ALTERATION, OR CORRUPTION OF DATA) ARISING OUT OF OR RELATING TO YOUR ACCESS TO OR USE OF, OR YOUR INABILITY TO ACCESS OR USE, THE SERVICE OR ANY MATERIALS OR CONTENT ON THE SERVICE, USER CONTENT, OR PUBLISHER SERVICES WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), STATUTE, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT ANY NET-ZU ENTITY HAS BEEN INFORMED OF THE POSSIBILITY OF DAMAGE. IF YOU ARE DOMICILED IN THE UNITED KINGDOM OR THE EUROPEAN UNION, IN ADDITION TO THE FOREGOING, THE NET-ZU ENTITIES SHALL NOT BE LIABLE FOR, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE OR BREACH OF STATUTORY DUTY), MISREPRESENTATION, RESTITUTION OR OTHERWISE FOR ANY INDIRECT OR CONSEQUENTIAL LOSS OR DAMAGE, OR ANY LOSS OF OPPORTUNITY, LIABILITY TO THIRD PARTIES (INCLUDING ANY OBLIGATION TO PAY ANY USERS, INCLUDING PUBLISHERS AND CUSTOMERS, COMPENSATION (WHETHER EX GRATIA OR OTHERWISE)), ADDITIONAL OPERATIONAL AND ADMINISTRATIVE COSTS AND EXPENSES, OR ANY FINES, PENALTIES OR EXPENSES IMPOSED BY A REGULATOR, GOVERNMENTAL AUTHORITY, OR PROFESSIONAL BODY (EACH TYPE OF LOSS IN THIS SECTION APPLYING WHETHER SUCH LOSS IS DIRECTOR INDIRECT). FOR UNITED KINGDOM OR THE EUROPEAN UNION USERS, SUCH LIMIT ON LIABILITY SHALL NOT BE EXCLUDED FOR DEATH OR PERSONAL INJURY CAUSED BY ANY OF THE NET-ZU ENTITIES’ NEGLIGENCE, OR THE NEGLIGENCE OF THE NET-ZU ENTITIES’ EMPLOYEES, AGENTS, OR SUBCONTRACTORS OR FRAUD OR FRAUDULENT MISREPRESENTATION.
16.2. EXCEPT AS PROVIDED IN SECTIONS 17.5 (COMMENCING ARBITRATION) AND 17.7 (ARBITRATION RELIEF) AND TO THE FULLEST EXTENT PERMITTED BY LAW, THE AGGREGATE LIABILITY OF THE NET-ZU ENTITIES TO YOU FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THE USE OF OR ANY INABILITY TO USE ANY PORTION OF THE SERVICE OR OTHERWISE UNDER THESE TERMS, WHETHER IN CONTRACT, TORT, OR OTHERWISE, IS LIMITED TO THE GREATER OF: (a) THE AMOUNT YOU HAVE PAID TO NET-ZU FOR ACCESS TO AND USE OF THE SERVICE IN THE 12 MONTHS PRIOR TO THE EVENT OR CIRCUMSTANCE GIVING RISE TO THE CLAIM AND (b) US $100.
16.3. EACH PROVISION OF THESE TERMS THAT PROVIDES FOR A LIMITATION OF LIABILITY, DISCLAIMER OF WARRANTIES, OR EXCLUSION OF DAMAGES IS INTENDED TO AND DOES ALLOCATE THE RISKS BETWEEN THE PARTIES UNDER THESE TERMS. THIS ALLOCATION IS AN ESSENTIAL ELEMENT OF THE BASIS OF THE BARGAIN BETWEEN THE PARTIES. EACH OF THESE PROVISIONS IS SEVERABLE AND INDEPENDENT OF ALL OTHER PROVISIONS OF THESE TERMS. THE LIMITATIONS IN THIS SECTION 16 (LIMITATION OF LIABILITY) WILL APPLY EVEN IF ANY LIMITED REMEDY FAILS OF ITS ESSENTIAL PURPOSE.
16.4. TO THE EXTENT YOU ARE DOMICILED IN THE UNITED KINGDOM OR THE EUROPEAN UNION, NOTHING IN THESE TERMS SHALL EXCLUDE ANY LIABILITY WE MAY HAVE AT LAW. YOU HAVE CERTAIN RIGHTS UNDER THE LAW, WHICH INCLUDE THAT WE WILL PROVIDE THE SERVICE TO A REASONABLE STANDARD AND WITHIN A REASONABLE TIME. NOTHING IN THESE TERMS IS INTENDED TO AFFECT THESE STATUTORY RIGHTS. FOR MORE INFORMATION ABOUT YOUR STATUTORY RIGHTS IN THE UNITED KINGDOM, YOU CAN CONTACT YOUR LOCAL CITIZENS ADVICE BUREAU OR TRADING STANDARDS OFFICE.
17. Dispute Resolution and Arbitration.
17.1. Generally. Except as described in Section 17.2 (Exceptions) and 17.3 (Opt-Out), you and Net-Zu agree that every dispute arising in connection with these Terms, the Service, or communications from us will be resolved through binding arbitration. Arbitration uses a neutral arbitrator instead of a judge or jury, is less formal than a court proceeding, may allow for more limited discovery than in court, and is subject to very limited review by courts. This agreement to arbitrate disputes includes all claims whether based in contract, tort, statute, fraud, misrepresentation, or any other legal theory, and regardless of whether a claim arises during or after the termination of these Terms. Any dispute relating to the interpretation, applicability, or enforceability of this binding arbitration agreement will be resolved by the arbitrator.
YOU UNDERSTAND AND AGREE THAT, BY ENTERING INTO THESE TERMS, YOU AND NET-ZU ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION.
17.2. Exceptions. Although we are agreeing to arbitrate most disputes between us, nothing in these Terms will be deemed to waive, preclude, or otherwise limit the right of either party to: (a) bring an individual action in small claims court; (b) pursue an enforcement action through the applicable federal, state, or local agency if that action is available; (c) seek injunctive relief in a court of law in aid of arbitration; or (d) to file suit in a court of law to address an intellectual property infringement claim.
17.3. Opt-Out. If you do not wish to resolve disputes by binding arbitration, you may opt out of the provisions of this Section 17 (Dispute Resolution and Arbitration) within 30 days after the date that you agree to these Terms by sending a letter to Net-Zu Limited, Attention: Legal Department – Arbitration Opt-Out, Department, Leeds Dock, 4 The Boulevard, Leeds, England, LS10 1PZ that specifies: your full legal name, the email address associated with your account on the Service, and a statement that you wish to opt out of arbitration (“Opt-Out Notice”). Once Net-Zu receives your Opt-Out Notice, this Section 17 (Dispute Resolution and Arbitration) will be void and any action arising out of these Terms will be resolved as set forth in Section 18.2 (Governing Law). The remaining provisions of these Terms will not be affected by your Opt-Out Notice.
17.4. Arbitrator. This arbitration agreement, and any arbitration between us, is subject the Federal Arbitration Act if you are domiciled in the United States and will be administered by JAMS (“JAMS”) under the rules applicable to consumer disputes (collectively, “JAMS Rules”) as modified by these Terms. The JAMS Rules and filing forms are available online at www.jamsadr.org, by calling the JAMS at +1-800-352-5267, or by contacting Net-Zu.
17.5. Commencing Arbitration. Before initiating arbitration, a party must first send a written notice of the dispute to the other party by certified mail or internationally recognized overnight courier (signature required) or, only if that other party has not provided a current physical address, then by electronic mail (“Notice of Arbitration”). Net-Zu’s address for Notice is: Net-Zu Limited, Department, Leeds Dock, 4 The Boulevard, Leeds, England, LS10 1PZ. The Notice of Arbitration must: (a) identify the name or account number of the party making the claim; (b) describe the nature and basis of the claim or dispute; and (c) set forth the specific relief sought (“Demand”). The parties will make good faith efforts to resolve the claim directly, but if the parties do not reach an agreement to do so within 30 days after the Notice of Arbitration is received, you or Net-Zu may commence an arbitration proceeding. If you commence arbitration in accordance with these Terms, Net-Zu will reimburse you for your payment of the filing fee, unless your claim is for more than US$10,000 or if the Net-Zu has received 25 or more similar demands for arbitration, in which case the payment of any fees will be decided by the JAMS Rules. If the arbitrator finds that either the substance of the claim or the relief sought in the Demand is frivolous or brought for an improper purpose (as measured by the standards set forth in Federal Rule of Civil Procedure 11(b)), then the payment of all fees will be governed by the JAMS Rules and the other party may seek reimbursement for any fees paid to JAMS.
17.6. Arbitration Proceedings. Any arbitration hearing will take place (1) if you are domiciled in the United States, in the county and state of your residence/billing address unless we agree otherwise or (2) if you are domiciled in the European Union or the United Kingdom, in London England, or regardless of your domicile, if the claim is for US$10,000 or less (and does not seek injunctive relief), you may choose whether the arbitration will be conducted: (a) solely on the basis of documents submitted to the arbitrator; (b) through a telephonic or video hearing; or (c) by an in-person hearing as established by the JAMS Rules in the country and county (or parish) of your residence/billing address. During the arbitration, the amount of any settlement offer made by you or Net-Zu must not be disclosed to the arbitrator until after the arbitrator makes a final decision and award, if any. Regardless of the manner in which the arbitration is conducted, the arbitrator must issue a reasoned written decision sufficient to explain the essential findings and conclusions on which the decision and award, if any, are based.
17.7. Arbitration Relief. Except as provided in Section 17.8 (No Class Actions), the arbitrator can award any relief that would be available if the claims had been brought in a court of competent jurisdiction. If you domiciled in the United States and the arbitrator awards you an amount higher than the last written settlement amount offered by Net
Zu before an arbitrator was selected, Net-Zu will pay to you the higher of: (a) the amount awarded by the arbitrator and (b) US$10,000. The arbitrator’s award shall be final and binding on all parties, except (1) for judicial review expressly permitted by law or (2) if the arbitrator’s award includes an award of injunctive relief against a party, in which case that party shall have the right to seek judicial review of the injunctive relief in a court of competent jurisdiction that shall not be bound by the arbitrator’s application or conclusions of law. Judgment on the award may be entered in any court having jurisdiction.
17.8. No Class Actions. YOU AND NET-ZU AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. Further, unless both you and Net-Zu agree otherwise, the arbitrator may not consolidate more than one person’s claims, and may not otherwise preside over any form of a representative or class proceeding.
17.9. Modifications to this Arbitration Provision. If Net-Zu makes any substantive change to this arbitration provision, you may reject the change by sending us written notice within 30 days of the change to Net-Zu’s address for Notice of Arbitration, in which case your account with Net-Zu will be immediately terminated and this arbitration provision, as in effect immediately prior to the changes you rejected will survive.
17.10. Enforceability. If Section 17.8 (No Class Actions) or the entirety of this Section 17 (Dispute Resolution and Arbitration) is found to be unenforceable, or if Net-Zu receives an Opt-Out Notice from you, then the entirety of this Section 17 (Dispute Resolution and Arbitration) will be null and void and, in that case, the exclusive jurisdiction and venue described in Section 18.2 (Governing Law) will govern any action arising out of or related to these Terms.
18. Miscellaneous.
18.1. General Terms. These Terms, including the Privacy Policy and any other agreements expressly incorporated by reference into these Terms, are the entire and exclusive understanding and agreement between you and Net-Zu regarding your use of the Service. You may not assign or transfer these Terms or your rights under these Terms, in whole or in part, by operation of law or otherwise, without our prior written consent. We may assign these Terms and all rights granted under these Terms, including with respect to your User Content, at any time without notice or consent. The failure to require performance of any provision will not affect our right to require performance at any other time after that, nor will a waiver by us of any breach or default of these Terms, or any provision of these Terms, be a waiver of any subsequent breach or default or a waiver of the provision itself. Use of Section headers in these Terms is for convenience only and will not have any impact on the interpretation of any provision. Throughout these Terms the use of the word “including” means “including but not limited to.” If any part of these Terms is held to be invalid or unenforceable, then the unenforceable part will be given effect to the greatest extent possible, and the remaining parts will remain in full force and effect.
18.2. Governing Law. These Terms are governed dependent on the location of your primary domicile. If you are domiciled in the United States, these Terms are governed by the laws of the State of New York without regard to conflict of law principles, and you and Net-Zu submit to the personal and exclusive jurisdiction of the state courts and federal courts located within New York county, New York for resolution of any lawsuit or court proceeding permitted under these Terms. If you are domiciled in the United Kingdom or the European Union, these Terms are governed by the laws of England and Wales. Without regard to conflict of law provisions and you and Net-Zu submit to the personal and exclusive jurisdiction of the courts of England and Wales for resolution of any lawsuit or court proceeding permitted under these Terms. We operate the Service from our offices in Leeds, England, and we make no representation that Materials included in the Service are appropriate or available for use in other locations.
18.3. Privacy Policy. Please read the Net-Zu Privacy Policy view the privacy policy page for more details (the “Privacy Policy”) carefully for information relating to our collection, use, storage, and disclosure of your personal information. The Net-Zu Privacy Policy is incorporated by this reference into, and made a part of, these Terms.
18.4. Additional Terms. Your use of the Service is subject to all additional terms, policies, rules, or guidelines applicable to the Service or certain features of the Service that we may post on or link to from the Service (the “Additional Terms”). All Additional Terms are incorporated by this reference into, and made a part of, these Terms.
18.5. Consent to Electronic Communications. By using the Service, you consent to receiving certain electronic communications from us as further described in our Privacy Policy. Please read our Privacy Policy to learn more about our electronic communications practices. You agree that any notices, agreements, disclosures, or other communications that we send to you electronically will satisfy any legal communication requirements, including that those communications be in writing.
18.6. Contact Information. The Service is offered by Net-Zu Limited, located at Department, Leeds Dock, 4 The Boulevard, Leeds, England, LS10 1PZ. You may contact us by sending correspondence to that address or by emailing us at support@net-zu.com.
18.7. Notice to California Residents. If you are a California resident, then under California Civil Code Section 1789.3, you may contact the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs in writing at 1625 N. Market Blvd., Suite N 112, Sacramento, California 95834, or by telephone at +1-800-952-5210 in order to resolve a complaint regarding the Service or to receive further information regarding use of the Service.
18.8. No Support. We are under no obligation to provide support for the Service. In instances where we may offer support, the support will be subject to published policies.
18.9. Notice Regarding Apple. This Section 18.9 (Notice Regarding Apple) only applies to the extent you are using our mobile application on an iOS device. You acknowledge that these Terms are between you and Net-Zu only, not with Apple Inc. (“Apple”), and Apple is not responsible for the Service or the content of it. Apple has no obligation to furnish any maintenance and support services with respect to the Service. If the Service fails to conform to any applicable warranty, you may notify Apple, and Apple will refund any applicable purchase price for the mobile application to you. To the maximum extent permitted by applicable law, Apple has no other warranty obligation with respect to the Service. Apple is not responsible for addressing any claims by you or any third party relating to the Service or your possession and/or use of the Service, including: (1) product liability claims; (2) any claim that the Service fails to conform to any applicable legal or regulatory requirement; or (3) claims arising under consumer protection or similar legislation. Apple is not responsible for the investigation, defense, settlement, and discharge of any third-party claim that the Service and/or your possession and use of the Service infringe a third party’s intellectual property rights. You agree to comply with any applicable third-party terms when using the Service. Apple and Apple’s subsidiaries are third-party beneficiaries of these Terms, and upon your acceptance of these Terms, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms against you as a third-party beneficiary of these Terms. You hereby represent and warrant that: (a) you are not located in a country that is subject to a U.S. Government embargo or that has been designated by the U.S. Government as a “terrorist supporting” country; and (b) you are not listed on any U.S. Government list of prohibited or restricted parties.