Zazoo Music 1.0.11.rev869.1-signed.1-signed
End-User License Agreement
Zazoo Music requires that you accept the following End-User License Agreement before installation can proceed:
Acceptance of Terms
The Terms of Service ("Terms") you are reading are a legally binding agreement between Zazoo Technologies Ltd. ("Zazoo") and yourself ("you"). By accessing or using any Zazoo application, service and/or website (collectively, the "Service") you agree that you have read, understood, accepted and agreed to be bound by these Terms. If you do not agree to these Terms, do not use the Service.
Zazoo reserves the right, in its sole discretion, to revise or modify these Terms at any time, and you agree to be bound by such revisions or modifications. Users are responsible for viewing these Terms periodically. Your continued use of the Service after a change or modification of these Terms has been made will constitute your acceptance of the revised Terms. If you do not agree to the Terms, your only remedy is to discontinue your use of the Service and to cancel any Accounts you have created using the Service.
If you violate the Terms, Zazoo reserves the right to issue you a warning regarding the violation or immediately terminate or suspend any or all Accounts you have created using the Service. You agree that Zazoo need not provide you notice before terminating or suspending your Account(s), but it may provide such notice in its sole discretion.
You agree that Zazoo may change any part of the Service, including its content, at any time or discontinue the Service or any part thereof, for any reason, without notice to you and without liability. You declare that by acceptance of these Terms and/or by using the Service you are of legal age to form a binding contract with Zazoo or under the strict and continuous supervision of a parent or any other qualified legal guardian, and in any case, at least 13 years of age. You may not use the Service and may not accept these Terms if you are a person barred from receiving the Service under the laws of the country in which you are resident or from which you use the Service.
Description of Service
Zazoo is a web application that creates the total experience of listening to music and living it through a mini “Artist Page” embedded on to each music video. The services currently allow you to transform the video into a total viewing experience by including a web application icon which appears on every music video everywhere you watch music and provides the user with options to enrich their viewing experience such as adding synchronized lyrics, guitar notes, artist info, news, tweets and other features.
Access to Service
It is your responsibility to ensure your computer or mobile device meets all the necessary technical specifications to enable you to access and use the Service. Zazoo does not provide you with the equipment to access and/or use our Service. You are responsible for all fees charged by third parties related to your access and use of the Service (e.g., charges by Internet service providers or air time charges).
During the process of creating an account in order to access the Service ("Account"), you may be required to select a password or to allow us to access your Account information from a social network service (the "Login Information"). The following rules govern the security of your Account and Login Information. For the purposes of these Terms, references to Account and Login Information shall include any account and account information, including user names, passwords or security questions, whether or not created for the purpose of using the Service, that are used to access the Service (for example, account information for a social network service account from which the Service is accessed):
1. You shall not share your Account or Login Information, nor let anyone else access your Account or do anything else that might jeopardize the security of your Account. Zazoo will not ask you to reveal your password and will not initiate contact with you asking for answers to your password security questions;
2. In the event you become aware of or reasonably suspect any breach of security, including, without limitation any loss, theft, or unauthorized disclosure of your Login Information or unauthorized access to your Account, you must immediately notify Zazoo and modify your Login Information;
3. You are solely responsible for maintaining the confidentiality of the Login Information, and you will be responsible for all uses of your Login Information, including purchases, whether or not authorized by you;
4. You are responsible for anything that happens through your Account, whether or not such actions were taken by you. You therefore acknowledge that your Account may be terminated if someone else uses it to engage in any activity that violates these Terms or is otherwise improper or illegal;
5. You undertake to monitor your Account and restrict use by any individual barred from accepting these Terms and/or receiving the Service, under the provisions listed herein or any applicable law. You shall accept full responsibility for any unauthorized use of the Service by any of the above mentioned;
6. Zazoo reserves the right to remove or reclaim any usernames at any time and for any reason, including but not limited to claims by a third party that a username violates such third party's rights.
Subject to your agreement and compliance with these Terms, Zazoo grants you a personal, non-exclusive, non-transferable, non-sub-licensable, revocable, limited scope license to use the Service. Use of the Service shall be solely for your own, private, non-commercial purposes and for no other purpose whatsoever. You hereby acknowledge that your license to use the Service is limited by these Terms, and, if you violate or if, at any point, you do not agree to any of these Terms, your license to use the Service shall immediately terminate, and you shall immediately refrain from using the Service. If the Service or any part thereof is determined to be illegal under the laws of the country in which you are situated, you shall not be granted any license to use the Service, and must refrain from using the Service.
Access to the Service and use of selected features of the Service is currently free of charge. Zazoo may, at its sole discretion, change this policy and begin charging for access to the Service and other features and services, and Zazoo may, at its sole discretion, add, remove or change the features and services it offers or the fees (including the amount or the type of fees) Zazoo charges at any time. Zazoo is not responsible for any charges or expenses you incur resulting from being billed by Zazoo in accordance with these Terms.
Zazoo may refuse access to the Service or may terminate your Account without notice for any reason, including, but not limited to, a suspected violation of these Terms, illegal or improper use of your Account, or illegal or improper use of the Service, User Content (as defined below), products, or Zazoo's intellectual property as determined by Zazoo in its sole discretion. You may lose your user name and persona, if applicable, as a result of Account termination, without responsibility on the part of Zazoo for any damage that may result from the foregoing. If you have more than one Account, Zazoo may terminate all of your Accounts.
In addition to the foregoing, Zazoo may selectively remove, revoke or garnishee Benefits associated with your Account. "Benefits" mean licensed rights granted, awarded, gifted, provided to and/or purchased by you to access and/or use online or off-line elements or features of the Service and/or products, and include but are not limited to paid and free downloadable content, virtual currency, digital and/or virtual assets, unlockable content, rights of use tied to unlock keys or codes, serial codes and/or online authentication of any kind, and in-service ranking or status. If your Account, or a particular subscription for the Service associated with your Account, is terminated, suspended and/or if any Benefits are selectively removed, revoked or garnisheed from your Account, no refund will be granted, no Benefits will be credited to you or converted to cash or other forms of reimbursement, and you will have no further access to your Account or Benefits associated with your Account or the particular Service.
You acknowledge that Zazoo is not required to provide you notice before suspending or terminating your Account or selectively removing, revoking or garnisheeing Benefits associated with your Account. In the event that Zazoo terminates your Account, you may not participate in any of the Service again without Zazoo's express permission. Zazoo reserves the right to refuse to keep Accounts for, and provide access to the Service or other services to, any individual. You may not allow individuals whose Accounts have been terminated by us to use your Account. If you believe that any action has been taken against your Account in error, please contact us at: firstname.lastname@example.org .
As such, you should take care to preserve the originals of any content you provide and/or upload to the Service. You should have no expectation that any content will always be available through the Service. Do not rely upon the Service as a storage space for such content.
You agree that any content published by you through the Service is done so through the use of technology and tools provided by Zazoo. You agree that you are publishing such content willingly and you represent that you own such content or have received the necessary authorizations from third parties, that you have all rights to publish said content and that publishing of the content by you complies with all applicable laws. You understand and agree that you may not, sell, transfer or license this content and/or application in any manner, in any country, without the explicit prior written permission of Zazoo.
Zazoo does not claim ownership of any data, text, graphics, photographs, or any other content, and their selection and arrangement, uploaded to the Service by any user ("User Content"). However, by sending and/or creating User Content and/or using the Service you automatically grant Zazoo a non-exclusive, royalty-free, perpetual license of all worldwide rights to use, edit, modify, include, incorporate, adapt, record and reproduce such User Content, including, without limitation, all trademarks associated therewith, in any manner whatsoever, in or out of context, in all languages, in all media now known or hereafter created for the purposes set forth in the Service and these Terms, including for the avoidance of doubt commercial, non-commercial and/or promotional use by Zazoo associating such User Content with your user information, user name and/or profile picture. Zazoo may retain any raw material that you submit, and make internal use of such material including for testing purposes. You may request that Zazoo delete and make no further use of such material by contacting us at: email@example.com .
Zazoo may or may not regulate User Content and provides no representations or guarantees regarding the accuracy, quality, or integrity of any User Content posted via the Service. By using the Service you acknowledge and accept that you may be exposed to material you find offensive or objectionable. You agree that Zazoo will not under any circumstances be responsible or liable for any User Content, including, but not limited to, errors in any User Content or any loss or damage incurred by use of the User Content or for any failure to or delay in removing User Content.
Zazoo reserves the right (but shall at no time be obligated) to, in its sole discretion, remove, block, edit, move, disable or permanently delete User Content from the Service with or without notice for any reason whatsoever. You hereby agree that, to the maximum extent permitted by applicable law, Zazoo shall at no time be responsible or held liable for the removal, modification or blocking of material or User Content that may be considered offensive and shall at no time be obligated to effect such removal other than under applicable law.
The Service may provide communication channels such as forums, communities, or chat areas ("Communication Channels") designed to enable you to communicate with other Service users. Zazoo is under no obligation to monitor these communication channels but may do so, and reserves the right to review materials posted to the Communication Channels and to remove any materials, at any time, with or without notice for any reason, at its sole discretion. Zazoo may also terminate or suspend your access to any Communication Channels at any time, without notice, for any reason. You acknowledge that chats, postings, or materials posted by users on the Communication Channels are neither endorsed nor controlled by Zazoo, and these communications should not be considered reviewed or approved by Zazoo. You will be solely responsible for your activities within the Communication Channels and under no circumstances will Zazoo be liable for any activity within the Communication Channels. You agree that all your communications within the Communication Channels are public, and you have no expectation of privacy regarding your use of the Communication Channels. Zazoo is not responsible for information that you choose to share on the Communication Channels, or for the actions of other users.
Rules of Conduct and Usage
You represent and warrant that you have full right and authority to use the Service and to be bound by these Terms. You agree that you will comply fully with these Terms and all applicable domestic and international laws, regulations, statutes, ordinances that govern your use of such Service. Without limiting the foregoing and in recognition of the global nature of the Internet, you agree to comply with all local and international rules regarding online conduct. You also agree to comply with all applicable laws affecting the transmission of content or the privacy of persons.
You undertake that you shall not defraud, or attempt to defraud, Zazoo or other users, and that you shall not act in bad faith in your use of the Service. If Zazoo determines that you do act in bad faith and/or in violation of these Terms, or if Zazoo determines that your actions fall outside of reasonable community standards, Zazoo may, at its sole discretion, terminate your Account and prohibit you from using the Service.
1. You agree that your use of the Service shall be lawful and that you will comply with the usage rules. In furtherance of the foregoing, and as an example and not as a limitation, you agree that you shall not: create an Account with or access the Service if you are barred from receiving the Service under the provisions of these Terms or any applicable law;
3. Upload, post, transmit or otherwise disseminate any material that is vulgar, indecent, obscene, pornographic, sexual or that is, in a reasonable person's view, otherwise offensive or objectionable;
4. Libel, ridicule, defame, mock, stalk, intimidate, threaten, harass, or abuse anyone, hatefully, racially, ethnically or in any other manner;
5. Copy, rent, lease, sell, transfer, assign, sublicense, disassemble, reverse engineer or decompile (except if expressly authorized by Zazoo or by applicable statutory law), modify or alter any part of the Service;
6. Upload or transmit (or attempt to upload or transmit) files that contain viruses, Trojan horses, worms, time bombs, cancelbots, corrupted files or data, or any other similar software or programs that may damage the operation of the Service or the computers of other users of the Service;
7. Advertise, solicit or transmit any commercial advertisements, including chain letters, junk e-mail or repetitive messages (spim or spam) to anyone;
8. Violate the contractual, personal, intellectual property or other rights of any party including by using, uploading, transmitting, distributing, or otherwise making available any information or material made available through the Service in any manner that infringes any copyright, trademark, patent, trade secret, or other right of any party (including rights of privacy or publicity);
9. Create false personas, multiple identities, multiple user Accounts, set up an Account on behalf of someone other than yourself, use bots or other automated software programs to defraud or which otherwise violate these Terms and/or the terms of service of any third-party applications or social networks through which the Service is accessed;
10. Attempt to obtain passwords or other private information from other members including personally identifiable information (whether in text, image or video form), identification documents, or financial information;
11. Upload or transmit (or attempt to upload or to transmit), without Zazoo's express permission, any material that acts as a passive or active information collection or transmission mechanism, including, without limitation, clear graphics interchange formats ("gifs"), 1x1 pixels, web bugs, cookies or other similar devices (sometimes referred to as "spyware," "passive collection mechanisms" or "pcms");
12. Improperly use support channels or complaint buttons to make false reports to Zazoo;
13. Develop and distribute "auto" software programs, "macro" software programs or other "cheat utility" software programs or applications;
14. Encourage any third party to: (1) directly or indirectly generate usage, queries, impressions, or clicks through any automated, deceptive, fraudulent or other invalid means; (2) edit or modify any tag, or remove, obscure or minimize any tag in any way; or (3) engage in any action or practice that reflects poorly on Zazoo or otherwise disparages or devalues Zazoo reputation or goodwill;
15. Make representations with respect to Zazoo not approved in advance and in writing by Zazoo. You shall obtain Zazoo's prior written approval to the content of any marketing message, and with respect to any use of Zazoo's trade name and/or trademarks and/or designs in connection with the Service;
16. Rent, lease, sell, trade, gift, bequeath or otherwise transfer your Account to anyone without Zazoo's written permission;
17. Access or use an Account which has been rented, leased, sold, traded, gifted, bequeathed, or otherwise transferred from the Account creator without Zazoo's written permission;
18. Engage in any fraudulent activity with respect to payment methods or advertiser tracking mechanisms;
19. Violate any applicable laws or regulations, or encourage or promote any illegal activity including, but not limited to, copyright infringement, trademark infringement, defamation, invasion of privacy, identity theft, hacking, cracking or distribution of counterfeit software, or cheats or hacks for the Service;
20. Attempt to use the Service on or through any service that is not authorized by Zazoo. Any such use is at your own risk and may subject you to additional or different terms. Zazoo takes no responsibility for your use of the Service through any service that is not authorized by it;
21. Attempt to interfere with, hack into or decipher any transmissions to or from the servers for the Service; or
22. Interfere with the ability of others to enjoy using the Service, including disrupt, overburden or aid the disruption or overburdening of the Service servers, or take actions that interfere with or materially increase the cost to provide the Service for the enjoyment of all its users.
The Service may include certain lyric content from third parties (the "Lyrics"). Usage of Lyrics is limited to your personal, noncommercial use in accordance with these Terms. You may not reproduce (other than as authorized for your own personal usage), publish, transmit, distribute, publicly display, rent or lend, modify, create derivative works from, sell or participate in the sale of or exploit in any way, in whole or in part, directly or indirectly, any of the Lyrics so provided. You agree that except as expressly permitted within the Service you are not granted any so-called "karaoke" or "sing-along" rights to Lyrics and you shall not seek to or remove any vocal track from a sound recording that shall be associated with Lyrics provided to you. You agree not to assign, transfer or transmit any Lyrics to any third party. You agree that you shall not seek to or do anything that will defeat, evade or circumvent any efforts that may be made to protect the Lyrics from any unauthorized usage.
Intellectual Property Ownership
Zazoo and/or its affiliates retains all rights in the Service materials (including, but not limited to, applications, software, designs, graphics, texts, information, pictures, video, sound, music, and other files, and their selection and arrangement) (collectively, "Service Materials"). The entire contents of the Service are protected by applicable copyright, trade dress, patent, and trademark laws, international conventions, and other laws protecting intellectual property and related proprietary rights. You shall not, nor shall you cause any other party to modify, decompile, disassemble, reverse engineer, copy, transfer, create derivative works from, rent, sub-license, distribute, reproduce framed, republish, scrape, download, display, transmit, post, lease or sell in any form or by any means, in whole or in part, use for any purpose other than for using the Service pursuant to these Terms or otherwise exploit any of the Service Materials without Zazoo's explicit, prior written permission. The foregoing shall not apply to your own User Content that you post through the Service in accordance with these Terms. All other uses of copyrighted or trade mark material, including any derivative use, require explicit, prior written permission from Zazoo. Any reproduction or redistribution of materials not in accordance with these Terms is explicitly prohibited and may result in the termination of your Account as well as severe civil and criminal penalties.
Zazoo and/or its licensors and affiliates own all right, title, and interest, including copyrights and other intellectual property rights, in and to all the Service Materials. You hereby acknowledge that you do not acquire any ownership rights by using the Service or by accessing any of the Service Materials, or rights to any derivative works thereof.
You are not required to provide Zazoo with any feedback or suggestions regarding the Service or any Service Materials. However, should you provide Zazoo with comments or suggestions for the modification, correction, improvement or enhancement of the Service and/or any Service Materials, then, subject to the terms and conditions of these Terms, you hereby grant Zazoo a non-exclusive, irrevocable, worldwide, royalty-free license, including the right to sublicense, to use and disclose such comments and suggestions in any manner Zazoo chooses and to display, perform, copy, have copied, make, have made, use, sell, offer to sell, and otherwise dispose of Zazoo's and its sublicensees' products and content embodying such comments or suggestions in any manner and via any media Zazoo chooses, but without reference to the source of such comments or suggestions.
Notice to Copyright Holders
If you hold copyright(s) (or any other proprietary right(s)) to any content contained in the Services, including without limit music lyrics, made available via the Services, and have any questions or concerns about the licensing, accuracy, or possible take-down of such content, please contact us at firstname.lastname@example.org .
Claims of Copyright Infringement
The Digital Millennium Copyright Act of 1998 (the "DMCA") provides recourse for copyright holders who believe that material on the Internet infringes their rights under U.S. copyright law. If you believe in good faith that materials made available on or accessible through the Services infringe your copyright, you may send to us a notice requesting that we remove or block the material or disable access to it. If you believe in good faith that someone has wrongly filed a notice of copyright infringement against you, the DMCA permits you to send us a counter-notice. Notices and counter-notices must meet the then-current statutory requirements imposed by the DMCA. See http://www.copyright.gov for details. Notices and counter-notices should be sent via e-mail to email@example.com .
We respect the intellectual property of others, and we ask our users to do the same. If you believe that your work has been copied in a way that constitutes copyright infringement, or your intellectual property rights have been otherwise violated, please provide our Copyright Agent with 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 intellectual property interest;
2. a description of the copyrighted work or other intellectual property that you claim has been infringed;
3. identification of the URL or other specific location on our web site where the material or activity you claim to be infringing is located or is occurring; you must include enough information to allow us to locate the material or the activity;
4. your address, telephone number, and email address;
5. a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
6. a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner's behalf.
Our Agent for notice of claims of copyright or other intellectual property infringement can be reached as follows:
7 Gibory Israel
Suite 413, Poleg Industrial Zone
P.O Box 1580, Netanya, Israel
By phone: 077- 5402977
By fax: 09 - 8875440
Disclaimer of Warranty; Limitation of Liability; Indemnification
You agree that your use of the Service shall be at your sole risk. To the fullest extent permitted by law, Zazoo, its officers, directors, employees, and agents disclaim all warranties, explicit or implied, in connection with the Service and your use thereof including implied warranties of merchantability, title, fitness for a particular purpose or non-infringement, usefulness, authority, accuracy, completeness, and timeliness. Zazoo makes no warranties or representations about the accuracy or completeness of the content of the Service, of the content of any sites linked to the Service and assume no liability or responsibility for any:
(i) Errors, mistakes, inaccuracies, non-suitability or non-conformity of content;
(ii) Direct, indirect, special, incidental, punitive or consequential damages including without derogating personal injury, property damages and/or monetary damages, of any nature whatsoever, arising out of the use of or the inability to use the Service;
(iii) Any unauthorized access to or use of Zazoo's secure servers and/or any and all personal information and/or financial information stored therein;
(iv) Any interruption or cessation of transmission to or from the Service;
(v) Any bugs, viruses, Trojan horses, or the like which may be transmitted to or through the Service by any third party; or
(vi) Any errors or omissions in any content or for any loss or damage of any kind incurred as a result of the use of any content posted, emailed, transmitted, or otherwise made available via the Service.
Without derogating from the abovementioned, in no event will Zazoo, its directors, officers, agents, contractors, partners, consultants and/or employees, be liable to you or any third person for any special, direct, indirect, incidental, punitive, or consequential damages whatsoever including any lost profits or lost data arising from your use of the Service or other materials on, accessed through or downloaded from the Service, whether based on warranty, contract, tort, or any other legal theory, and whether or not Zazoo has been advised of the possibility of these damages. The foregoing limitation of liability shall apply to the fullest extent permitted by law in the applicable jurisdiction. You specifically acknowledge that Zazoo shall not be liable for any user submissions and/or defamatory, offensive and/or illegal conduct by any third party, and that the risk of harm or damage from and/or associated with the foregoing rests entirely with you.
You agree to indemnify and hold Zazoo, and each of its directors, officers, agents, contractors, partners and employees, harmless from and against any loss, liability, claim, demand, damages, costs and expenses, including reasonable attorney's fees, arising out of or in connection with any of the following:
(i) Your use of and access to the Service;
(ii) Your violation of any term of these Terms;
(iii) Your violation of any third party right, including without limitation any copyright, property, or privacy right;
(iv) Any claim that a user submissions made by you has caused damage to a third party; or
(v) Any User Content you post or share on or through the Service.
Dealings with Advertisers
Your correspondence or business dealings with, or participation in purchase of goods, use of coupons, promotions of, advertisers found on or through the Service, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such advertiser. You agree that Zazoo will not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such advertisers on the Service, including, for
the avoidance of doubt any dealings with third party vendors and/or merchants which were referred in any suggestions and/or recommendations provided through and/or within the Service.
Links, Search Engines
The Service may contain links to other World Wide Web sites or resources ("Linked Sites"). The Linked Sites are not under the control of Zazoo and Zazoo is not responsible for the contents of any Linked Site, including without limitation any link contained in a Linked Site, or any changes or updates to a Linked Site. Zazoo is not responsible for webcasting or any other form of transmission received from any Linked Site. The inclusion of any link does not imply endorsement by Zazoo of the site or any association with its operators. You acknowledge and agree that Zazoo will not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such Content, goods or services available on or through any such site or resource.
Notices to you may be made via either e-mail or regular mail. Zazoo may also provide notices of changes to these Terms or other matters by displaying notices or links to notices to you generally on the Service. You agree that all agreements, notices, disclosures and any other communications that Zazoo provide as aforementioned satisfy any legal requirement that such communications be in writing.
By using or visiting the Service, you agree that the laws of Israel, without regard to principles of conflict of laws and regardless of your location, will govern these Terms and any dispute of any sort that might arise between you and Zazoo. Any claim or dispute between you and Zazoo that arises in whole or in part from your use of the Service shall be decided exclusively by a court of competent jurisdiction located in Tel Aviv, Israel, and you hereby consent to, and waive all defenses of lack of personal jurisdiction and forum non convenient with respect to venue and jurisdiction in the courts of Tel Aviv, Israel. Zazoo reserves the right to amend these Terms at any time and without notice, and it is your responsibility to review these Terms for any changes. Your use of the Service following any amendment of these Terms will signify your assent to and acceptance of its revised terms. YOU AND ZAZOO AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE SERVICE MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.
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