Zoylu

Terms-of-Use

Welcome, and thank you for your interest in Zoylu. (“Zoylu”, “we” or “us”) and our website at https://www.zoylu.com (the “Site”), as well as all related web sites, networks, embeddable widgets, downloadable software, mobile applications (including tablet applications), and other services provided by us and on which a link to these Terms of Use is displayed (collectively, together with the Site, our “Service”). These Terms of Use are a legally binding contract between you and Zoylu regarding your use of the Service.

PLEASE READ THE FOLLOWING TERMS OF USE CAREFULLY. BY CLICKING “I ACCEPT,” YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO BE BOUND BY THE FOLLOWING TERMS AND CONDITIONS, INCLUDING THE ZOYLU PRIVACY POLICY (COLLECTIVELY, THESE “TERMS”). If you are not eligible, or do not agree to these Terms, then you do not have our permission to use the Service.

These Terms of Use provide that all disputes between you and Zoylu will be resolved by BINDING ARBITRATION. YOU AGREE TO GIVE UP YOUR RIGHT TO GO TO COURT TO ASSERT OR DEFEND YOUR RIGHTS UNDER THIS CONTRACT, except for matters that may be taken to small claims court. Your rights will be determined by a NEUTRAL ARBITRATOR and NOT A JUDGE OR JURY. Please review Section 17 below for the details regarding your agreement to arbitrate any disputes with Zoylu.

1. Eligibility. Parental/guardian supervision is mandatory for your kids to fully explore and utilize these services. By agreeing to these Terms, you represent and warrant to us: (i) that your kids use the service under your supervision; (ii) that you have not previously been suspended or removed from the Service; and (iii) that your registration and your use of the Service is in compliance with any and all applicable laws and regulations. If Zoylu discovers or has reason to believe that you are voilating applicable laws, it will terminate your account and not reinstate your account until your parent/guardian provides verifiable written consent for you to use the Service by sending such consent to the notice address provided in Section 20 or contacting Zoylu at contactus@zoylu.com. If you are using the Service on behalf of an entity, organization, or company, you represent and warrant that you have the authority to bind that organization to these Terms and you agree to be bound by these.

2. Accounts and Registration. To access most features of the Service, you must register for an account. When you register for an account, you may be required to provide us with some information about yourself, such as your e-mail address, Facebook login information or other contact information. You agree that the information you provide to us is accurate and that you will keep it accurate and up-to-date at all times. When you register, you will be asked to provide a password. You are solely responsible for maintaining the confidentiality of your account and password. You agree to accept responsibility for all activities that occur under your account. If you have reason to believe that your account is no longer secure, then you must immediately notify us at contactus@zoylu.com.

3. Payment. Access to the Service, or to 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. All fees are in Indian Rupees and are non-refundable. Zoylu may change the fees for the Service or any feature of the Service, including by adding fees, on a going-forward basis at any time. Zoylu will charge the payment method you specify at the time of purchase. You authorize Zoylu to charge all sums as described in these Terms, for the Service you select, to that payment method. If you pay any fees with a credit card, Zoylu 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. Mobile Devices and Data Charges. Please be aware that your cellular carrier may charge fees in connection with your use of the Service. You are responsible for any mobile charges that you may incur in connection with using our Services, including data charges. If you are not sure what those charges may be, you should ask your service provider before using the Services.

5. Personal Safety. USE OF THE SERVICE IS SOLELY AT YOUR OWN RISK. YOU ARE STRONGLY ENCOURAGED TO USE EXTREME CAUTION WHEN SHARING PERSONALLY IDENTIFIABLE INFORMATION WITH OTHER USERS OR ARRANGING TO MEET OTHER USERS IN PERSON. ZOYLU DOES NOT PERFORM CRIMINAL BACKGROUND CHECKS ON ITS USERS NOR CAN IT VERIFY THE TRUTH OR ACCURACY OF USERS’ PROFILES ON THE SERVICE. YOU AGREE TO TAKE REASONABLE PRECAUTIONS IN ALL INTERACTIONS WITH OTHER USERS OF THE SERVICE, PARTICULARLY IF YOU DECIDE TO MEET IN PERSON.

6. User Content

   1. User Content Generally. Certain features of the Service may permit users to upload, broadcast, post or otherwise submit content, including data, information, messages, chat feed comments, photos, music, video, audiovisual combinations, video streams, images, text, audio and any other types of works (collectively, “User Content”) and to publish User Content on the Service. You retain copyright and any other proprietary rights that you may hold in the User Content that you post to the Service.

   2. License Grant to Zoylu. By uploading, broadcasting, posting, publishing or submitting User Content, you grant Zoylu a perpetual, irrevocable, worldwide, non-exclusive, royalty-free right and license (with the right to sublicense) to host, store, stream, transfer, transmit, display, perform, reproduce, modify, prepare derivative works of and distribute your User Content, in whole or in part, in any media formats and through any media channels (now known or hereafter developed). Any such use of your User Content by Zoylu may be without any compensation paid to you. In connection with exercise of the rights granted by you to Zoylu hereunder, you agree that Zoylu may use, and license others to use, your name, voice, image, and likeness in any manner which Zoylu wishes in any and all media now known, including in advertising and other promotional materials, press releases, various channels on the internet, third party social media websites, and mobile applications, throughout the world in perpetuity. You hereby waive any right of approval of your appearance or the uses thereof. You hereby waive any rights to privacy or publicity you may have in connection with such appearance. You acknowledge that Zoylu will rely on this permission, potentially at substantial cost to Zoylu, and hereby agree not to assert any claim of any nature whatsoever against anyone relating to the exercise of the permissions granted hereunder.

   3. Limited License Grant to Other Users and Other Authorizations.. By posting and sharing User Content with another user of the Service, or otherwise making User Content available to another user of the Service, you hereby grant that user a non-exclusive license to access, use, display, perform, reproduce, modify and transmit such User Content as permitted by these Terms and the functionality of the Service. You acknowledge that, in connection with your participation in or use of the Service, you may appear in User Content published by another user (e.g. if your teammate decides to share your sporting event, you may appear in a live video stream of such event published by your teammate via the Zoylu platform). You agree that any such user may use your name, voice, image, and likeness in connection with the exercise of the rights granted by you to other users of the Service under this Section 6.3, and you hereby waive any rights of privacy and publicity you may have in connection with such appearance.

   4. User Content Representations and Warranties. You are solely responsible for your User Content and the consequences of posting or publishing User Content. By posting and publishing User Content, you affirm, represent, and warrant that:

      • you are the creator and owner of, or have the necessary licenses, rights, consents, and permissions to use and to authorize Zoylu and users of the Service to use and distribute your User Content as necessary to exercise the licenses granted by you in this Section 6 and in the manner contemplated by Zoylu, the Service and these Terms; and

      • your User Content, and the use your User Content as contemplated herein, does not and will not: (i) infringe, violate, or misappropriate any third-party right, including any copyright, trademark, patent, trade secret, moral right, privacy right, right of publicity, or any other intellectual property or proprietary right; (ii) slander, defame, or libel any third-party; or (iii) cause Zoylu to violate any law or regulation.

   5. User Content Disclaimer. We are under no obligation to edit or control User Content that you or other users post or publish, and will not be in any way responsible or liable for User Content. Zoylu 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 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 hereby do waive, any legal or equitable right or remedy you have or may have against Zoylu with respect to User Content. We expressly disclaim any and all liability in connection with 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, Zoylu does not permit copyright-infringing activities on the Service.

   6. Sponsored Content.The foregoing provisions and obligations set forth in this Section 6 shall apply with equal force to any User Content that you submit that includes advertorials, native advertising, or sponsorship (“Sponsored User Content”). Without limitation, any and all of your representations, warranties, indemnification obligations and other obligations under these Terms apply equally to Sponsored User Content as they would to any other User Content that you submit to the Service. You are solely responsible for ensuring that your Sponsored User Content complies with all applicable federal, state and local laws, rules and regulations. Zoylu assumes no liability for any Sponsored User Content, or for any product or service offered by or through Sponsored User Content. You are solely liable for Sponsored User Content that you submit to the Service and all portions of it, including any sponsored products or services, and for any other consequences of transmissions of Sponsored User Content through the Service.

7. Copyright 

   1. If you have an intellectual property rights-related complaint about material posted on the Service, you may contact our Designated Agent at the following address:

      Zoylu
      101,Shri Balaji Complex
      34-35, Veer Savarkar Block,Shakarpur,Delhi,New delhi India 110092
      E-mail: contactus@zoylu.com

   2. Any notice alleging that materials hosted by or distributed through the Service infringe intellectual property rights must include the following information:

      1. an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other right being infringed;

      2. a description of the copyright-protected work or other intellectual property right that you claim has been infringed;

      3. a description of the material that you claim is infringing and where it is located on the Service;

      4. your address, telephone number, and email address;

      5. 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 owner, its agent, or the law; and

      6. a statement by you that the above information in your notice is accurate and that, under penalty of perjury, you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner's behalf.

   3. Repeat Infringers. Zoylu will promptly terminate without notice the accounts of users that are determined by Zoylu to be “repeat infringers.” A repeat infringer is a user who has been notified of infringing activity and/or has had User Content removed from the Service at least twice.

8. Prohibited Conduct. BY USING THE SERVICE YOU AGREE NOT TO:

   1. use the Service for any illegal purpose, or in violation of any local, state, national, or international law;

   2. violate, or encourage others to violate, any right of a third party, including by infringing or misappropriating any third party intellectual property rights

   3. post, upload, broadcast, publish, or distribute any User Content or other content that is unlawful, defamatory, libelous, inaccurate, or that a reasonable person could deem to be objectionable, profane, indecent, pornographic, harassing, threatening, hateful, or otherwise inappropriate;

   4. post, upload, broadcast, publish, or distribute any User Content or other content that tends to suggest or imply that you are, or your User Content is, approved by, affiliated with or endorsed by any third party without having obtained all applicable consents, licenses, authorizations or other rights from such third party;

   5. post, upload, broadcast, publish, or distribute any User Content or other content that would lead a reasonable person to believe that Zoylu approves of, is affiliated with, or endorses any (i) User Content, (ii) any third party or (iii) any third party’s products or services without Zoylu’s prior express authorization;

   6. falsify scores or competition outcomes, or collude with others to do the same;

   7. interfere with security-related features of the Service, including without limitation by (i) disabling or circumventing features that prevent or limit use 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;

   8. interfere with the operation of the Service or any user’s enjoyment of the Service, including without limitation by (i) uploading or otherwise any disseminating virus, adware, spyware, worm, or other malicious code, (ii) making any unsolicited offer or advertisement to another user of the Service; (iii) attempting to collect, 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, or violating any regulation, policy, or procedure of any network, equipment, or server;

   9. sell or otherwise transfer the access granted under these Terms or any Materials (as defined in Section 12) or any right or ability to view, access, or use any Material;

   10. perform any fraudulent activity including impersonating any person or entity, claiming false affiliation, accessing any other Service account without permission, or falsifying your age or date of birth; or

   11. attempt to do any of the foregoing acts described in this Section 8, or assist or permit any person in engaging, or attempting to engage in, any of the acts described in this Section 8.

9. Third-Party Services and Linked Websites. Zoylu 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 Zoylu 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 these tools, you agree that we may transfer such information to the applicable third-party service. Third party services are not under our control, and we are 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 our control, and we are not responsible for their content.

10. Termination of Use; Discontinuation and Modification of the Service. If you violate any provision of these Terms, your permission from us to use the Service will terminate automatically. Additionally, Zoylu, in its sole discretion may terminate your user account on the Service or suspend or terminate your access to the Service at any time, with or without notice. We also reserve the right to modify or discontinue the Service at any time (including, without limitation, by limiting or discontinuing certain features of the Service) without notice to you. We will have no liability whatsoever on account of any change to the Service or any suspension or termination of your access to or use of the Service. You may terminate your account at any time by contacting customer service at contactus@zoylu.com. If you terminate your account, you remain obligated to pay all outstanding fees, if any, relating to your use of the Service incurred prior to termination.

11. Privacy Policy; Additional Terms

    1. Privacy Policy. Please read the Zoylu  Privacy Policy carefully for information relating to our collection, use, storage and disclosure of your personal information. The Zoylu Privacy Policy is hereby incorporated by reference into, and made a part of, these Terms.

    2. Additional Terms. Your use of the Service is subject to any and 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 the Service (the "Additional Terms"), such as end-user license agreements for any downloadable software applications, or rules applicable to a particular feature or content on the Service, subject to Section 12 below. All Additional Terms are incorporated by this reference into, and made a part of, these Terms.

12. Ownership; Proprietary Rights. The Service is owned and operated by Zoylu. 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 (the “Materials”) provided by Zoylu are protected by all relevant intellectual property and proprietary rights and applicable laws. All Materials contained in the Service are the property of Zoylu or our third-party licensors. Except as expressly authorized by Zoylu, you may not make use of the Materials.Zoylu reserves all rights to the Materials not granted expressly in these Terms.

13. Indemnity. You agree that you will be responsible for your use of the Service, and you agree to defend, indemnify, and hold harmless Zoylu and its officers, directors, employees, consultants, affiliates, subsidiaries and agents (together, the "Zoylu Entities") from and against any and all claims, liabilities, damages, losses, and expenses, including reasonable attorneys’ fees and costs, arising out of or in any way connected with (i) your access to, use of, or alleged use of the Service; (ii) your violation of any portion of these Terms or any representation, warranty, or agreement referenced in these Terms, or any applicable law or regulation; (iii) your violation of any third-party right, including without limitation any intellectual property right or publicity, confidentiality, other property or privacy right; or (iv) any dispute or issue between you and any third party. 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 such matter), and in such case, you agree to cooperate with our defense of such claim.

14. Limitation of Liability

    IN NO EVENT WILL THE ZOYLU ENTITIES BE LIABLE TO YOU FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES (INCLUDING DAMAGES FOR LOSS OF PROFITS, GOODWILL, OR ANY OTHER INTANGIBLE LOSS) 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, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), STATUTE OR ANY OTHER LEGAL THEORY, WHETHER OR NOT THE ZOYLU ENTITIES HAVE BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE. UNDER NO CIRCUMSTANCES WILL ZOYLU BE LIABLE FOR ANY DIRECT OR INDIRECT DAMAGES ARISING OUT OF OR RELATING TO THE CONDUCT OF YOU OR ANYONE ELSE IN CONNECTION WITH THE USE OF THE SERVICE, INCLUDING WITHOUT LIMITATION, BODILY INJURY, EMOTIONAL DISTRESS, AND/OR ANY OTHER DAMAGES RESULTING FROM COMMUNICATIONS OR MEETINGS WITH OTHER USERS OF THE SERVICE OR PERSONS YOU MEET THROUGH THE SERVICE.

15. Governing Law. These Terms will be governed by the laws of the Sate of Delhi/NCR, India without regard to conflict of law principles. To the extent that any lawsuit or court proceeding is permitted under these Terms, you and Zoylu agree to submit to the personal and exclusive jurisdiction of the state and federal courts located within Delhi/NCR, India for the purpose of litigating any dispute. We operate the Service from our offices in Delhi/NCR, and we make no representation that Materials included in the Service are appropriate or available for use in other locations

16. Modification of the Terms. Zoylu reserves the right to update or modify the Terms on a going-forward basis at any time without prior notice, and such changes will be effective immediately upon being posted through the Service, except as set forth below. Please check these Terms periodically for changes. If a change to these Terms materially modifies your rights or obligations, you will be required to accept the modified Terms in order to continue to use the Service. Material modifications are effective upon your acceptance of the modified Terms. Immaterial modifications are effective upon publication. Disputes arising under these Terms will be resolved in accordance with the version of the Terms that was in effect at the time the dispute arose.

17. 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 your choices regarding 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 such communications be in writing.

18. Contact Information. The services hereunder are offered by www.zoylu.com located at 101, Shri Balaji Complex, 34-35, Veer Savarkar Block, Shakarpur, New Delhi-110092. You may contact us by sending correspondence to the foregoing address or by emailing us at contactus@zoylu.com. 

19. General. These Terms, together with the Privacy Policy and any other agreements expressly incorporated by reference into these Terms, constitute the entire and exclusive understanding and agreement between you and Zoylu regarding your use of and access to the Service. Except as expressly permitted above, these Terms may be amended only by a written agreement signed by authorized representatives of all parties to these Terms. 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 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 thereafter, nor will a waiver by us of any breach or default of these Terms or any provision of these Terms constitute 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. If any part of these Terms is held to be invalid or unenforceable, the unenforceable part will be given effect to the greatest extent possible and the remaining parts will remain in full force and effect.