Terms of Service
1. Certain Definitions.
2. Acceptance of Terms.
These Terms constitute a binding agreement between you and Zeta and govern your use of the Services. By accessing, viewing, purchasing or using any of the Services, you represent and warrant to us that you are at least 21 years old and the age of majority and legal consent in the jurisdiction in which you live or reside, and you agree to be bound by and subject to these Terms. If you do not agree to these Terms, you should immediately leave this page and not access or use the Services. You understand that by electronically acknowledging your consent to these Terms by clicking through to the Website, you are agreeing to be bound to them as if you manually affixed your signature to these Terms.
3. Amendments to Terms and Services.
WE MAY AMEND THESE TERMS IN OUR DISCRETION, WITH OR WITHOUT NOTICE TO YOU, AT ANY TIME. At the top of this page, we indicate when these Terms were last updated. By continuing to access or use the Website or any of our other Services following any such amendment, you will be deemed to have accepted such amendments or other changes. In addition, we reserve the right to modify or cease providing all or any portion of the Services at any time, for any reason, with or without notice. We encourage you to return to this page periodically to ensure familiarity with the most current version of these Terms.
4. Membership Account.
In order to use the Services, you are required to create a Membership account with us (including your Member profile that you establish when creating your Membership account, the “Account”). You will select a username and password when completing the Membership registration process. You agree that you will not choose a name that impersonates a third party or violates a third party’s rights. We may refuse to grant you a username that impersonates someone else, is protected by trademark or proprietary law, or is vulgar or otherwise offensive, as determined by us in our sole discretion. In creating an Account, you certify that all information you provide is complete and accurate. You agree to update your information when required or requested, and you further agree not to use another person’s account without permission. Your Account is for your individual, personal use only, and you may not authorize others to use your Account for any purpose. Your username and password are not transferable and may not be assigned. You must keep your username and password confidential, and you are solely and fully responsible for all activities that occur under your username and password. You are responsible for maintaining the confidentiality of, and restricting access to, your Account and password, and you agree to accept sole responsibility for all activities that occur under your Account or password. You agree to contact us immediately at [email protected] of any breach of security or unauthorized use of your Account, or any violation of these Terms by others of which you are aware. You agree to ensure that you log off from your Account at the end of each session. You agree that we shall have no liability for any losses, damages, liabilities or expenses you may incur due to any unauthorized use of your Account, and you agree to indemnify us and hold us harmless for any such unauthorized use. We reserve the right to create accounts for quality control and administrative purposes. Such accounts may be publicly viewable.
6. Use of the Services; Assumption of Risk.
The Services may not be accessed or used in any jurisdiction where prohibited by law. You understand that by accessing or using the Services, you may encounter Content that may be deemed sexually explicit, mature, offensive, indecent or objectionable, which Content may or may not be identified as having explicit language or adult themes, and which in certain circumstances may be due to your interactions with other Members in the course of accessing or using the Services. If we learn that anyone under the age of 21 has accessed the Services, their access to the Services will be terminated. YOU FULLY ASSUME ALL RISK OF LOSS AND RISK OF PERSONAL HARM ARISING OUT OF YOUR USE OF THE SERVICES, including but not limited to, any online or offline communications and personal interactions with others (such as dating). THE SERVICES INCLUDE AN ANONYMOUS SOCIAL MEDIA WEBSITE. ANY DISCLOSURE OF YOUR TRUE OR ACTUAL IDENTITY IS DONE SOLELY AT YOUR OWN RISK, AND IT IS YOUR SOLE RESPONSIBILITY TO TAKE ALL ADVISABLE AND NECESSARY PRECAUTIONS WHEN INTERACTING WITH INDIVIDUALS YOU MEET OR COME INTO CONTACT WITH THROUGH THE SERVICES.
7. Certain Additional Representations and Warranties.
As a condition to the use of the Services, and each time that you access the Services, you represent and warrant to Zeta, as follows:
(i) Your Account is for your sole, personal use, and you will not authorize others to use your Account.
(ii) You will not provide or permit access or use of the Services, by any person under the age of 21 or who is otherwise deemed a minor in the jurisdiction where such person lives or resides;
(iii) You are solely responsible for all Content published or displayed through your Account, and for your interactions with other Members;
(iv) Your use of the Services is and will be in compliance with all applicable laws, rules, regulations, or ordinances in your jurisdiction or from the location from which you are accessing the Services;
(v) You have not and will not access or use the Services from any location or jurisdiction where such use is prohibited or contrary to applicable laws, rules, regulations, or ordinances promulgated by any Governmental Authority;
(vi) You understand that when you gain access to the Services, you will be exposed to visual images, verbal descriptions, and audio sounds and other Content of a sexually oriented, and explicitly erotic nature, which may include graphic visual and written depictions and descriptions of nudity and sexual activity. You are voluntarily choosing to do so, because you want to view, read, hear, and/or purchase the various materials, products and Content which are available, for your own personal enjoyment, information and/or education. Your choice is a reflection of your interest in your own sexuality, intimacy, and other sexual matters which, you believe, is both healthy and normal and which, in your experience, is commonly shared by average adults in your community. You further represent and warrant that you are familiar with the standards in your community regarding the acceptance of such sexually-oriented and explicit materials and the materials you expect to encounter are within those standards. In your judgment, the average adult in your community accepts the consumption of such materials by willing adults in circumstances such as this which offer reasonable insulation from the materials for minors and unwilling adults, and will not find such materials to appeal to a prurient interest or to be patently offensive or obscene;
(vii) You are not required to register as a sex offender with any Governmental Authority;
(viii) You have not notified any Governmental Authority, including the U.S. postal service, that you do not wish to receive sexually oriented material; and
(ix) You will not use any robot, spider, scraper or other automated measures to (i) access or use the Services, (ii) circumvent any technical measures we use to provide the Services, (iii) cause harm to us or our affiliated entities, (iv) manipulate the results or outcome of any contest, game, program, or promotion that awards Advocate Rewards.
PLEASE NOTE THAT WE DO NOT CONDUCT CRIMINAL BACKGROUND SCREENINGS ON MEMBERS. WE DO NOT VERIFY ANY INFORMATION PROVIDED TO US BY MEMBERS IN CONNECTION WITH OPENING AN ACCOUNT OR USING OUR SERVICES UNLESS REQUIRED TO DO SO BY APPLICABLE LAW.
8. Third-Party Links and Website Pages.
9. Proprietary Rights.
a. Copyright and other intellectual property laws and treaties protect the software and all other aspects of the Website. Zeta, or its suppliers, owns the title, copyright, trademark, trade dress, patent, trade secret, unfair competition, and other intellectual and proprietary rights (the “Intellectual Property Rights”) in the software and Website. The software and Website are solely licensed and not sold. Zeta and its suppliers reserve all other rights to the software and Website that are not expressly granted in these Terms. You do not have ownership rights to any software made available or accessible on or in relation to the Website, or any other aspect of the Service (except you may own your own Content submissions), regardless of how the software and Website are used, accessed, downloaded, or otherwise made available to You. Except as expressly provided in these Terms, Zeta and its suppliers do not grant any express or implied rights to use the Website.
b. PLEAZEME, and others of Zeta’s designs, slogans, graphics, and symbols are trademarks, service marks, and/or trade dress belonging exclusively to Zeta. You may not use, copy, or modify such trademarks, service marks, and trade dress for use in a confusingly similar manner without first obtaining the written consent of Zeta.
10. No Representations as to Third-Party Content; Access to Content; Links.
a. You understand that Content, whether publicly posted or privately transmitted, is the sole responsibility of the Person from whom such Content originated. We do not control Content posted by Members or third parties through the Services. Accordingly, We do not guarantee its accuracy, integrity, or quality. All Content, whether posted by Members, third parties, or by Us, is provided "AS IS" without representation or warranty of any kind. Under no circumstances shall we be liable to you in any way for any Content, including but not limited to, any errors or omissions in any Content, or any loss or damage of any kind incurred as a result of the use of any Content accessible through the Services. We claim immunity from liability to the fullest extent permitted by law, and as further provided under the Communications Decency Act, for any Content provided by Members or third parties. Neither our actions nor any provision in these Terms is intended to waive, remove or usurp such immunity. You understand and agree that we may suspend or delete any Content or Account that in our sole judgment violates these Terms or which might be offensive, illegal, or that might violate the rights, harm, or threaten the safety of Zeta and/or its Members.
b. The Services may contain links, posted by the Zeta or Members, to third party websites or materials belonging to or originating from third parties. Zeta does not investigate such third party websites. ZETA DOES NOT CONTROL, ENDORSE OR ACCEPT RESPONSIBILITY FOR ANY MATERIALS OR SERVICES OFFERED BY THIRD PARTIES ACCESSIBLE THROUGH LINKED THIRD PARTY WEBSITES. ZETA MAKES NO REPRESENTATIONS OR WARRANTIES WHATSOEVER ABOUT, AND SHALL NOT BE LIABLE FOR, ANY SUCH THIRD PARTIES, THEIR MATERIALS OR SERVICES. ANY DEALINGS THAT YOU MAY HAVE WITH SUCH THIRD PARTIES ARE AT YOUR OWN RISK. Except as expressed stated otherwise herein, these Terms do not apply to third party websites, so if you leave the Services through a link or otherwise, you should review the particular third party website(s)’s terms and policies.
11. Noncommercial Use.
Other than for our Channel Provider Members who have entered into separate agreements with us that relate to the commercial use of an Account, your Account and the Services are made available for your personal, noncommercial use. You agree that you will not advertise or solicit any user or Member to buy or sell any products or services through the Website. You may not transmit any chain letters, junk or spam e-mail to other users or Members. Further, you will not use any information obtained from the Services in order to advertise to, solicit, or sell to any user or Member without their prior express consent. If you breach the terms of this subsection and/or send or post unsolicited bulk email, "spam" or other similar unsolicited communications of any kind through the Services, we reserve all rights, claims, and causes of action we may have, statutory or otherwise, including but not limited to, the right to seek statutory penalties for each such unsolicited communication.
12. Grant of License to Your Content; Right to Block or Remove Content.
a. “User Content” means materials, data, information, or other Content that a user (Member) distributes, performs, displays, uploads, posts, emails, transmits or otherwise makes available on or through the Services, whether publicly posted or privately transmitted (“Makes Available”). User Content you Make Available is referred to as your User Content. Zeta does not claim ownership of User Content. However, you grant Zeta a worldwide, royalty-free, nonexclusive, transferable, and fully sublicensable license to use, distribute, reproduce, modify, publish and translate your User Content for the purposes of enabling your and other Members’ use of the Website, facilitating Zeta’s management of the Website, and to comply with applicable law, regulations, guidelines, and court or administrative orders. You may revoke this license and terminate Zeta’s rights at any time by removing your User Content from the Services; provided that you agree that Zeta may retain and use copies of your User Content for archival and back-up purposes.
b. You agree that as between you and Zeta, You, not Zeta, are entirely responsible for all of your User Content that you Make Available through the Services. You assume all risks associated with use of your User Content, including any reliance on its accuracy, completeness, or usefulness.
c. You acknowledge and agree that your communications with other Members via chats, conferences, bulletin boards, blogs, posts, and any other publicly accessible avenues of communication through the Services are public and not private communications. You understand that you have no expectation of privacy in your communications with other Members using the Services. Therefore, we strongly encourage you to use caution before disclosing any Personal Information about yourself in your public communications and strongly suggest that you communicate with other Members solely through the use of your anonymous PleazeMe computer generated avatar that you selected when you established your Account. We are not responsible for information that you choose to communicate to other Members, or for the actions of other Members, and you agree to indemnify us and hold us harmless from any losses, liabilities, damages or expenses you may incur due to such communications or actions.
d. You represent and warrant that: (i) You own the Intellectual Property Rights, or have obtained all necessary license(s) and permission(s), to Make Available your User Content. Intellectual Property Rights include patent, trademark, copyright, trade secret, or trade dress rights, or rights of privacy or publicity where applicable; (ii) You own the Intellectual Property Rights, or have obtained all necessary license(s) and permission(s) from the websites to which you link to third party URL’s; and (iii) You have the rights necessary to grant the license and sublicenses described in these Terms. iv. You have received consent from any and all Persons depicted in your User Content to use such User Content as set forth in these Terms, including distribution, public display, public performance and reproduction of such User Content.
e. We reserve the right, but not the obligation, to refuse to transmit or post, and to disclose, block or remove any Content, including but not limited to, User Content, in whole or in part, that We, in our sole discretion, deem to be in violation of these Terms or otherwise harmful to Persons using the Services, regardless of whether such Content or its dissemination is unlawful. We retain the right, but not the obligation, to monitor all transmissions and postings of User Content and other materials from time to time to investigate or prevent violations of these Terms. In addition, we may also take reasonable steps, including the limiting or filtering of the number of emails, chat messages or posts sent or received by a Member. We may remove your User Content from the Services at any time if you breach these Terms or if Zeta cancels or suspends the Website or any Services.
f. You are responsible for backing up the data that you store through the Services. Unless expressly agreed to by Zeta in writing elsewhere, Zeta has no obligation to store any User Content. Zeta has no responsibility or liability for the deletion or accuracy of your User Content, the failure to store, transmit or receive transmission of User Content, or the security, privacy, storage or transmission of other communications originating with or involving use of the Services. Certain features of the Services may enable you to specify the level at which such features restrict access to your User Content. You are solely responsible for applying the appropriate level of access to your User Content. If you do not choose, the system may default to its most permissive setting.
g. You agree that Zeta retains the right to create reasonable limits on the use of the Services, including your User Content, such as limits on file size, storage space, processing capacity, and similar limits accompanying the Service and as otherwise determined by Zeta in its sole discretion.
13. Certain Additional Covenants Regarding Your Conduct.
As a condition to the use of the Services, and each time that you access the Services, you further covenant and agree not to use the Services to:
(i) upload, post, email, transmit or otherwise Make Available any Content that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, obscene, libelous, invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable or promoting harassment or violence of any kind towards a particular person or class of persons, business, or Governmental Authority – understanding that where appropriate we refer this behavior or Content to law enforcement;
(ii) upload, post, email, transmit or otherwise Make Available any Content that could be construed to include offers of sexual services including prostitution, escort services, sexual massages, other illegal sexual activity – understanding that where appropriate we refer this behavior or Content to law enforcement;
(iii) upload, post, email, transmit or otherwise Make Available any Content about nonconsensual sexual activities including, but not limited to, rape;
(iv) upload, post, email, transmit or otherwise Make Available any Content that threatens or promotes sexual violence or exploitation. This includes the sexual exploitation of minors and sexual assault - understanding that where appropriate we refer this content to law enforcement;
(v) upload, post, email, transmit or otherwise Make Available any Content that promotes or encourages self-injury including, but not limited to, suicide, self-mutilation, and eating disorders;
(vi) impersonate or misrepresent your affiliation with, including acting as an employee of, Zeta or our affiliated entities;
(vii) forge headers or otherwise manipulate identifiers in order to disguise the origin of any Content transmitted through the Services;
(viii) upload, post, email, transmit or otherwise Make Available any Content that you do not have a right to make available under any law or under contractual or fiduciary relationship (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships, or information that is the subject of a nondisclosure agreement);
(ix) upload, post, email, transmit or otherwise Make Available any Content that infringes or misappropriates any patent, trademark, trade secret, copyright or other proprietary rights of any Person, including moral rights;
(x) upload, post, email, transmit or otherwise Make Available any unsolicited or unauthorized advertising, promotional materials, "affiliate marketing codes," "link referral code," or any other form of commercial solicitation;
(xi) upload, post, email, transmit or otherwise Make Available any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of the Services or any computer software, hardware, networks or telecommunications equipment;
(xii) disrupt the normal flow of dialogue, cause a screen to "scroll" faster than other users or Members of the Services are able to type, or otherwise act in a manner that negatively affects other users' or Members' ability to engage in real-time exchanges using the Services;
(xiii) interfere with or disrupt the Services or servers or networks connected to the Services, or disobey any requirements, procedures, policies or regulations of networks connected to the Services, including using any device, software or routine to bypass security features, including any robot exclusion headers;
(xiv) violate any applicable local, state, national or international law, including, but not limited to, regulations promulgated by the U.S. Securities and Exchange Commission, any rules of any national or other securities exchange, including, but not limited to, the New York Stock Exchange or the NASDAQ, and any regulations having the force of law;
(xv) provide material support or resources (or conceal or disguise the nature, location, source, or ownership of material support or resources) to any organization(s) designated by the United States government as a foreign terrorist organization pursuant to section 219 of the Immigration and Nationality Act;
(xvi) "stalk" or otherwise harass another Person or Member;
(xvii) collect or store personal data about other users or Members without their consent (including, but not limited to, through the use of scripts, bots or web crawlers) or upload, post, email, transmit, chat or otherwise disclose other users' or Members' Personal Information;
(xviii) disclose any telephone numbers, street addresses, last names, URLs or email addresses in any Member profile that you create;
(xix) provide hyperlinks, URL links, graphic links or other direct connection to the Services for profit or gain without our express written consent;
(xx) use the Services to facilitate sex trafficking, human trafficking, or prostitution; or
(xxi) assist any other Person in doing any of the foregoing.
14. Member Interactions and Disputes.
(i) YOU ACKNOWLEDGE THAT YOU ARE SOLELY RESPONSIBLE FOR YOUR INTERACTIONS WITH OTHER USERS AND MEMBERS OF THE WEBSITE AND SERVICES. YOU UNDERSTAND THAT THE ANONYMOUS NATURE OF OUR SERVICES MAKES SCREENING MEMBERS IMPOSSIBLE. YOU UNDERSTAND AND AGREE THAT ZETA HAS NO OBLIGATION TO SCREEN MEMBERS; INQUIRE INTO THE BACKGROUNDS OF MEMBERS; OR ATTEMPT TO VERIFY THE STATEMENTS OF MEMBERS. WE MAKE NO REPRESENTATIONS OR WARRANTIES AS TO THE CONDUCT OF MEMBERS OR THEIR COMPATIBILITY WITH ANY CURRENT OR FUTURE MEMBERS. IF YOU FIND OTHER MEMBERS' CONTENT OR INFORMATION TO BE OFFENSIVE, HARMFUL, INACCURATE AND/OR DECEPTIVE, YOU MAY USE THE REPORTING TOOLS PROVIDED ON THE WEBSITE OR EMAIL US AT [email protected]EME.COM. WE RESERVE THE RIGHT, BUT HAVE NO OBLIGATION, TO MONITOR DISPUTES BETWEEN YOU AND OTHER USERS OR MEMBERS. WE RESERVE THE RIGHT TO TERMINATE OR BLOCK YOU AND OTHER USERS OR MEMBERS FOR VIOLATIONS OF THESE TERMS. PLEASE ALSO USE CAUTION, COMMON SENSE, AND SAFETY WHEN USING THE SERVICES TO INTERACT WITH OTHER USERS AND MEMBERS.
(ii) In the event that you have a dispute with one or more other Members, you hereby release Us, our parent, subsidiaries and affiliated entities, and ours and their shareholders, directors, officers, employees, agents, successors and assigns from any and all claims, demands, damages (actual and consequential), losses and liabilities of every kind or nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way related to the Services. If you are a California resident, you waive California Civil Code Section 1542, which states: "A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which, if known by him must have materially affected his settlement with the debtor."
15. Enhanced VIP Membership Subscription, Usage and Foreign Transaction Fees; Advocate Rewards; and Consent to Store Your Credit Card Number.
(i) Subscription Fees for VIP Memberships and other Services. Certain portions of the Services are subject to subscription fees ("Subscription Fees"). These Subscription Fees are disclosed to you upon Account registration, and in the [--] tab of your Account, and may change from time to time. Unless otherwise indicated, Subscription Fees cover an initial period, for which there is a one-time charge, followed by recurring periodic charges for subsequent periods as agreed to by you upon Account registration or at some point thereafter that you sign up for a subscription plan. You acknowledge that your subscription has an initial and recurring payment feature and you accept responsibility for all recurring charges prior to cancellation. WE (OR OUR THIRD PARTY PAYMENT PROCESSING AGENT) MAY SUBMIT THESE PREVIOUSLY AUTHORIZED RECURRING CHARGES (E.G., MONTHLY) WITHOUT ADDITIONAL AUTHORIZATION FROM YOU UNTIL YOU HAVE TERMINATED THIS AUTHORIZATION IN ACCORDANCE WITH YOUR SUBSCRIPTION PLAN OR WISH TO CHANGE YOUR PAYMENT METHOD. SUCH NOTICE WILL NOT AFFECT CHARGES APPLIED BEFORE WE CAN REASONABLY ACT. TO TERMINATE YOUR AUTHORIZATION OR CHANGE YOUR PAYMENT METHOD FOR SUBSCRIPTIONS, PLEASE GO TO THE PAYMENT HISTORY TAB IN YOUR MEMBERSHIP ACCOUNT PROFILE.
(ii) Other Fees. Certain portions of the Services may require you to make one-time payments or prepay certain amounts for Advocate Rewards, credits, tokens, digital items or goods which may be redeemed solely for specified Services ("Credits"). Credits, as well as unused balances as described in Section 16(iii), may not be redeemed for cash and may not be returned or forfeited for a cash refund, except as may be required by applicable law. In addition, Credits and unused balances are not transferable.
(iii) Usage Fees. Certain portions of the Services may require a sufficient balance of funds in your Account against which usage or similar fees (e.g., pay per minute or pay per view) may be charged. If you have not logged into your Account in the previous 180 days, we reserve the right, in our sole discretion, and without notice or liability to You, to charge you in the following month(s) an Account maintenance fee equal to $5 per month or, if less than $5 remains in your Account, the remaining funds. The Account maintenance fee will only be deducted from the funds remaining in your Account. Your credit card(s) on file with us (or with any third party payment processing agent) will not be charged, and you will not incur a negative balance, due to any such Account maintenance fee. In such cases, when there is no remaining funds, we reserve the right to suspend or terminate your access to the portion of the Services which require the sufficient balance.
(iv) Foreign Transaction Fees. We may use credit card processors or banks outside the United States to process your transactions. In some instances, your bank or credit card issuer may charge you a foreign transaction or similar fee or charge. Before purchasing any Services, please check with your bank or credit card issuer for more information about its policies regarding foreign transaction and similar fees and charges.
(v) Advocate Rewards. You expressly acknowledge that Advocate Rewards may be terminated by us in our sole discretion at any time. If you have not logged into your Account in the previous 180 days or if your Membership is terminated for any reason, your Advocate Rewards, if any, will expire and be forfeited. Unless expressly indicated for the specific promotion, Advocate Rewards have no cash value and may not be redeemed for cash, converted for other Services and/or transferred to third-parties.
(vi) Consent to Store Your Credit Card Number. In order to facilitate your future transactions on the Website, it is necessary for us (or our third party payment processing agent(s)) to store your credit card number. Credit card numbers are stored in secure formats, including, but not limited to, encrypted, masked, or tokenized. You consent to this storage and authorize us (and our third party payment processing agent(s)) to use your credit card number for future transactions on this Website.
(i) If You do not agree to these Terms, you shall promptly discontinue use of the Services.
(ii) We reserve the right to terminate or restrict your access to or use of the Services, without notice or liability, for any or no reason whatsoever. In addition, we may terminate your Account and any subscription with us by sending notice to you at the email address you provided in your application for an Account/Membership, or pursuant to Section 33 below. Upon termination, you will not be entitled to any refund of any unused Subscription Fees or other prepaid amounts. Other than your voluntarily deleting your Account, all decisions regarding the termination of Accounts shall be made by us in our sole discretion. We are not required, and may be prohibited, from disclosing to you the reason for termination of your Account or subscription.
(iii) You may terminate your Account or subscription with us at any time, and termination will be effective immediately upon receipt of notice in accordance with Section 33. WE DO NOT PROVIDE REFUNDS OR CREDITS FOR ANY AMOUNTS PREPAID BY YOU AND YOU WILL NOT RECEIVE ANY REFUND FOR ANY UNUSED PORTION OF ANY SUBSCRIPTION TERM.
(iv) Upon termination of your Account (and therefore, the corresponding termination of these Terms) for any reason, those provisions which, by their nature survive termination (including, but not limited to, Sections 5, 6, 7, 9, 12, 13, 15, and 16 through 37) shall survive termination in accordance with their respective terms.
(i) In order to provide continuous service, we automatically renew all paid subscriptions for the Services on the day such subscriptions expire. Such renewals shall be (i) for a period equivalent to the period of your initial subscription to the Services or a shorter period of time if specified, and (ii) in our discretion, at the price of the same or comparable Services then in effect. In addition, we sometimes offer special promotions that have renewal periods of different duration than the original subscription term. We always communicate renewal periods to you upon confirmation of your subscription and in the body of any special promotions that have renewal periods of different duration than the original subscription term. By agreeing to these Terms, you acknowledge that your Account will be subject to the above-described automatic renewals. In all cases, if you do not wish your Account to renew automatically, please go to the YOUR PROFILE SETTINGS SECTION IN YOUR ACCOUNT PROFILE and turn auto-renewal off.
(ii) Your non-termination or continued use of the Services reaffirms that we are authorized to charge your chosen payment provider. We may submit those charges for payment and you will be responsible for such charges. This does not waive our right to seek payment directly from You. Your charges may be payable in advance, in arrears, per usage, or as otherwise described when you initially subscribed to, or otherwise joined, the Services.
18. DMCA Notice.
(i) We strive to comply with the Digital Millennium Copyright Act of 1998, as amended ("DMCA"), at all times and maintain a repeat offender policy which may result in the termination of your right to use the Services if you violate such policy. If you believe that your work has been copied, posted or otherwise made available through the Services in a way that constitutes copyright infringement, please notify our DMCA Copyright Agent of your complaint, as set forth in the DMCA. Please consult the DMCA to confirm these requirements.
(ii) In accordance with the Digital Millennium Copyright Act, 17 U.S.C. Section 512(c), if you believe that your work has been posted, modified, distributed, reproduced or otherwise copied on or through the Website in a way that constitutes copyright infringement, for Zeta to remove or disable the material, please send a Notification to Zeta’s Copyright Agent, which includes the following information: a. Your physical or electronic signature, or that of a person authorized to act on behalf of the owner of a copyrighted work, which is alleged to be infringed. b. Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works are covered by a single Notification, a representative list of such works. c. Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit the Company to locate the material. d. Information reasonably sufficient to permit the Company to contact You, such as an address, telephone number, and, if available, an email address. e. A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law. f. A statement that the information in the Notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of the copyrighted work, which is alleged to be infringed. The Notice should be sent either by email to: ENTER EMAIL with “Attn: Notification to Copyright Agent” in the subject line, or by mail to: Attn: Notification to Copyright Agent Zeta Media Holdings, Inc., 313 Datura Street, #100 West Palm Beach, FL 33401.
(iii) In accordance with the Digital Millennium Copyright Act, 17 U.S.C. Section 512(g), if you believe that any material you have posted to the Services has been mistakenly removed or disabled, or that the material does not, in fact, violate or infringe the copyright rights of another, please send a written Counter-Notification to Zeta’s Copyright Agent, which includes 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. d. Your name, address, and telephone number. e. A statement that you consent to the jurisdiction of Federal District Court for the judicial district in which the address is located, or if your address is outside of the United States, for any judicial district in which the service provider may be found, and that you will accept service of process from the person who provided the Notice of copyright infringement or an agent of such person. The Counter-Notification should be sent either by email to: ENTER EMAIL with “Attn: Counter-Notification to Copyright Agent” in the subject line, or by mail to: Attn: Notification to Copyright Agent Zeta Media Holdings, Inc., 313 Datura Street, #100 West Palm Beach, FL 33401.
(iv) Please note that the above-described procedures are regulated by statute. Sending a Notice or Counter-Notice to Zeta, when such allegation is in bad faith or otherwise false, can cause you to be liable for damages, attorney fees, costs, and can be perjury. Pursuant to Section 512(f) of the DMCA, any person who knowingly materially misrepresents that material or activity is infringing may be subject to liability. Pursuant to Section 512(f) of the DMCA, any person who knowingly materially misrepresents that material or activity was removed or disabled by mistake or misidentification may be subject to liability. Speaking to an attorney before you send a Notice or Counter-Notice may help you understand your rights. The Copyright Agent will not remove content from the Services in response to phone or notifications not in compliance with the above-stated requirements regarding allegedly infringing content. The Copyright Agent should be contacted only if you believe that your work has been used or copied in a way that constitutes copyright infringement and that such infringement is occurring through the Services or in connection with the Website. All other inquiries directed to the Copyright Agent will not be responded to. Such other inquiries should be made through the Report Abuse procedure referenced in Section 19.
(v) We place Accounts of Members or users for whom we receive multiple DMCA notifications of alleged infringement into a multi-step DMCA Repeat Infringer Policy. Upon receipt of repeated DMCA notifications in a calendar month, the Account will progress from one policy step to the next one. Under the DMCA Repeat Infringer Policy, we may send alerts of increased visibility to the Account’s user of record. In order to acknowledge these alerts, we may require the Member to log in to the Account or call or email our support team. We also reserve the right to suspend or terminate, as well as apply other interim measures to, the Account of any Member for whom we have continued to receive DMCA notifications of alleged infringement, including but not limited to, after we have sent repeat infringer alerts.
19. Report Abuse.
Zeta treats all abuse reports concerning the Services extremely seriously. It is within Zeta’s sole discretion whether to enforce these Terms in response to any particular complaint. If Zeta does not act, it is not considered a waiver of any right to do so in the future. If you believe a User has violated any part of these Terms (other than by Copyright Infringement, which is dealt with in Section 18 of these Terms), please submit the following to [email protected]: (1) Your full legal name; (2) Your mailing address and telephone number; (3) Your email address; and (4) The name and date of the post. If you have a URL for the page on which you believe the violation occurred, please include it. Zeta may remove User Content at its discretion, if you provide a detailed description and evidence that the Member or user violates these Terms. Zeta will review all complaints, but please note, Zeta is not obligated to remove User Content or an Account that violates the Agreement, nor do these rules create any third party rights or any private right of action.
20. Disclaimer of Warranties.
21. Limitation of Liability.
IN NO EVENT WILL WE BE LIABLE TO YOU OR ANY OTHER PERSON FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, LOST PROFITS ARISING OUT OF YOUR USE, OR INABILITY TO USE, THE SERVICES, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOU FURTHER AGREE TO INDEMNIFY US AND HOLD US HARMLESS FOR ANY AND ALL CLAIMS, DAMAGES, LIABILITIES AND EXPENSES IN THE EVENT THAT YOU FIND OTHER USERS' OR MEMBERS' CONTENT TO BE OFFENSIVE, HARMFUL, OBSCENE, INACCURATE AND/OR DECEPTIVE. UNDER NO CIRCUMSTANCES SHALL OUR LIABILITY TO YOU FOR ANY CLAIM OR CAUSE OF ACTION WHATSOEVER, AND REGARDLESS OF THE FORM OF THE ACTION, WHETHER ARISING IN CONTRACT, TORT OR OTHERWISE, EXCEED THE AMOUNT PAID BY YOU TO US, IF ANY, DURING THE 90 DAY PERIOD IMMEDIATELY PRECEDING THE DATE ON WHICH YOU FIRST ASSERT ANY SUCH CLAIM. THE FOREGOING LIMITATIONS SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW.
You agree to indemnify and hold Us, our parent, subsidiaries, and affiliated entities, and ours and their shareholders, directors, officers, employees, agents, contractors, licensors and licensees, harmless from any loss, liability, claim, demand or expense, including but not limited to, reasonable attorney's fees, made by any third party due to or arising out of your use of the Services or any breach or violation of this Agreement by You.
23. U.S. Export Controls.
Software and Content provided through the Services is subject to United States export controls. No software or Content from the Services may be downloaded or otherwise exported or re-exported (a) into (or to a national or resident of) Cuba, Iraq, Libya, North Korea, Iran, Syria, or any other country to which the U.S. has embargoed goods; or (b) to anyone on the U.S. Treasury Department's list of Specially Designated Nationals or the U.S. Commerce Department's Table of Deny Orders. By downloading or using any such software or Content, you represent and warrant that you are not located in, under the control of, or a national or resident of any such country or on any such list.
24. Choice of Law.
These Terms shall be governed by the laws of the State of Florida, without giving effect to any choice or conflict of law provision or rule (whether of the State of Florida or any other jurisdiction) that would cause the application of laws of any jurisdiction other than the State of Florida.
25. Jurisdiction and Venue.
You agree to exclusive jurisdiction in Florida and venue in Broward County, Florida for all arbitration and other proceedings arising out of this Agreement.
26. Arbitration of Disputes.
ANY CLAIM, DISPUTE, OR CONTROVERSY (WHETHER IN CONTRACT, TORT, OR OTHERWISE, WHETHER PREEXISTING, PRESENT OR FUTURE, AND INCLUDING STATUTORY, CONSUMER PROTECTION, COMMON LAW, INTENTIONAL TORT AND EQUITABLE CLAIMS) BETWEEN YOU AND US OR ANY OF OUR AFFILIATED ENTITIES OR OURS OR THEIR AGENTS, EMPLOYEES, PRINCIPALS, SUCCESSORS, OR ASSIGNS ARISING FROM OR RELATING TO THESE TERMS, ITS INTERPRETATION, OR THE BREACH, TERMINATION OR VALIDITY HEREOF, OR THE RELATIONSHIPS WHICH RESULT FROM THESE TERM (INCLUDING, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, RELATIONSHIPS WITH THIRD PARTIES WHO ARE NOT SIGNATORIES TO THIS AGREEMENT), SHALL BE RESOLVED EXCLUSIVELY AND FINALLY BY BINDING ARBITRATION ADMINISTERED BY JAMS before a retired judge in Broward County, Florida. In the event such a JAMS proceeding is unavailable for any reason, such disputes shall be governed by the Commercial Arbitration Rules and the Supplementary Procedures for Consumer Related Disputes (collectively, "AAA Rules") of the American Arbitration Association ("AAA"), as modified by these Terms, and will be administered by the AAA before a single retired judge. The arbitrator shall be empowered to grant whatever relief would be available in a court under law or in equity. This Section and Section 27 below are subject to the Federal Arbitration Act, 9 U.S.C. sec. 1-16 (FAA), as amended. Any award of the arbitrator shall be final and binding on each of the parties, and may be entered as a judgment in any court of competent jurisdiction. The arbitration proceeding will be limited solely to the dispute or controversy between you and us. YOU ACKNOWLEDGE THAT YOU ARE GIVING UP YOUR RIGHTS TO LITIGATE CLAIMS IN A COURT OR BEFORE A JURY WITH RESPECT TO ANY SUCH CLAIM. Nothing in this Section 26 shall be deemed to prohibit us from seeking an injunction or other equitable relief in any court of competent jurisdiction to protect or preserve ours or our licensors' rights in and to intellectual property or confidential information. This section does not apply to E.U. residents.
27. Class Action Waiver.
IN ANY DISPUTE, NEITHER YOU NOR ANY OTHER PERSON SHALL BE ENTITLED TO JOIN OR CONSOLIDATE CLAIMS BY OR AGAINST OTHER AFFILIATES OR PERSONS, OR ARBITRATE ANY CLAIM AS A REPRESENTATIVE OR CLASS ACTION OR IN A PRIVATE ATTORNEY GENERAL CAPACITY. YOU EXPRESSLY WAIVE ANY RIGHT YOU MAY HAVE TO PARTICIPATE AS A CLASS REPRESENTATIVE OR CLASS MEMBER ON ANY CLASS CLAIM YOU MAY HAVE AGAINST US INCLUDING ANY RIGHT TO CLASS ARBITRATION OR ANY CONSOLIDATION OF INDIVIDUAL ARBITRATIONS WITH RESPECT TO ANY SUCH CLAIM.
28. Electronic Communications.
By using the Services, you consent to receiving electronic communications, e.g., email, from us or our subsidiaries, agents, and affiliated entities. These communications will include notices about your Account and information concerning or related to the Services. These communications are part of your relationship with us and you receive them as part of your membership. You agree that any notice, agreements, disclosures or other communications that we send to you electronically will satisfy any legal communication requirements, including but not limited to, any requirements that such communications be in writing.
If any provision of these Terms is held to be unenforceable under applicable law, such provision shall be excluded from these Terms, and the balance of these Terms shall be interpreted as if such provision was so excluded and shall be enforceable in accordance with its modified terms.
30. Merger; Translations.
These Terms represents the entire understanding between the parties with respect to the subject matter hereof and supersede all previous understandings, written, oral or implied. Where we have provided you with a translation of the English language version of these Terms, then you agree that the translation is provided for your convenience only and that the English language versions of these Terms will govern your relationship with Us. If there is any contradiction between what the English language version of these Terms and any translation, the English language version shall take precedence.
31. Force Majeure.
Neither you nor we shall be held responsible for any delay or failure in performance hereunder caused by acts of God (or natural disasters), terrorism, strikes, embargoes, fires, war, or other causes beyond the affected party's reasonable control.
The headings used herein are for convenience only and shall not be deemed to define, limit, or construe the content of any provision of these Terms. The meanings ascribed to terms defined herein will be equally applicable to both the singular and plural forms of such terms. Whenever the context may require, any pronoun includes the corresponding masculine, feminine, and neuter forms.
Except as explicitly stated otherwise, legal and other notices (including but not limited to notices of legal proceedings) shall be delivered to Zeta Media Holdings, Inc., 313 Datura Street, #100, West Palm Beach, FL 33401; Attn. PleazeMe Legal or to [email protected], or to you at the email address you provided us (a) at the time you registered for an Account; (b) through a subsequent notice of an address change; or (c) through a posting through the Services. Physical notices shall be effective when received. Email notices allowed hereunder shall be deemed given 24 hours after email is sent, unless the sending party is notified that the email address is invalid. In addition, we may provide notice by certified mail, postage prepaid and return receipt requested. In such case, notice shall be deemed given when placed into the hands of the U.S. Postal Service.
Failure to enforce any provision of these Terms shall not constitute a waiver of any term hereof. No waiver of a breach of any provision of these Terms shall constitute a waiver of any prior, concurrent or subsequent breach of the same or any other provision hereof, and no waiver shall be effective unless granted in writing and signed by an authorized representative of us at our director level or above. You acknowledge that if you request a refund or credit from us, our decision to provide this refund or credit shall not act as a release. we are not waiving our rights to seek redress or recovery for the refund or credit issued along with any other rights of recovery or damages available to us regarding your use of the Website and your request for a credit or refund.
35. Limitations of Claims.
You agree that any claim or cause of action arising out of or related to these Terms or your use of the Services must be filed within one (1) year after such claim or cause of action arose or be forever time barred.
You may not resell, assign, or transfer any of your rights or obligations under these Terms without our prior written consent. we may resell, assign, or transfer our rights and obligations under these Terms at any time without restriction and without notice or consent.
37. Agreement Binding.
These Terms shall be binding upon the parties and their successors and permitted assigns.