Terms & Conditions
Zeleye, LLC provides a live video streaming platform service (the “Service”) through various software applications, other products, or services. We strive to provide a new, innovative way to bring real-time and real-life entertaining experiences to the online community. Through our terms of service, our goal is to provide a safe, enjoyable experience for producers, consumers, and other users of live video content. Zeleye welcomes Your use, participation, and engagement of our services, located at www.zeleye.tv or www.zeleye.com (the “Platform”), our mobile application (the “App”), and any other related services, products, functions, software applications and derivatives of Zeleye, LLC. Other services offered by Zeleye may be subject to separate terms. Zeleye, LLC (collectively with its affiliates, “Zeleye” or “We”) will be referred to, hereafter as "Zeleye," "we," the "Company," "us" or "our". We'll refer to You hereafter as "You", "Your", or “User”. THIS IS A LEGALLY BINDING AGREEMENT BETWEEN ZELEYE AND YOU. SO, PLEASE READ THESE TERMS OF SERVICE CAREFULLY.
- Service. The Company is a live video streaming social platform that allows You to broadcast (via web or mobile devices) video content, real time or pre-recorded, for viewing by the public, to include fans and followers, by any medium. At its sole discretion, the Company reserves the right to change, modify, add, or delete features and functions of the Service at any time.
- Use of Service. By using the Service, You acknowledge and agree to the Terms of Service. Do not use the Service illegally, participate in any unlawful, obscene manner, or behavior. You take full responsibility for Your use of Service, whether a content creator or viewer. You agree all disputes related to the Service will be resolved by binding arbitration and You hereby waive all rights to pursue in a court of law any action or proceeding instituted in connection with the Service or these Terms of Service. This provision shall not apply to claims arising under the U.S. federal securities laws.
- Age Restrictions. The content on the Platform is for mature audiences. The majority of the content is associated with live video of viewers and broadcasters sharing life’s emotional experiences in the sports betting environment. The Services are not available to persons under the age of 13. If You are between the ages of 13 and the age of legal majority under the applicable law of the state or jurisdiction of Your primary residence, You may only use the Services under the supervision of a parent or legal guardian who agrees to be bound by these Terms of Service. Given our content is for mature audiences and as such, it may not be suitable for minors, we recommend parents or legal guardians who permit their child to access and engage in our platform to supervise Your child’s activity, including, without limitation, any engagement with any other user.
- Gambling/Betting Content. Zeleye is not a gambling or betting platform. However, given Our focus is on the “Zel” in life, channeling the Greek Deity Zelus, who personifies, dedication, emulation, eager rivalry, envy, jealousy and zeal, there may be content on the Platform about viewers and broadcasters who are involved and/or engaged in betting through other websites, applications, venues, and/or other means. Thus, our Platform does NOT provide the opportunity to gamble or wager anything of value; however, there may be advertising content on the Platform regarding information about betting, including information about betting through other websites, applications, venues, and/or other means. If You choose to gamble outside of our Platform, You do so at Your own risk. Our goal is to provide a safe, enjoyable experience for producers and consumers of live video content, and so, if You, Your family, or Your friends need support related to problems with gambling, contact the National Center for Responsible Gaming; and/or National Council for Problem Gambling via phone or text at 1-800-522-4700 or chat at ncpgambling.org/chat.
- Safe Environment. With the goal of creating a safe, enjoyable, and entertaining online community, You agree to take responsibility for Your use of our Service whether as a viewer or broadcaster of content. You agree to treat our platform, viewers, broadcasters, members, and community with respect and not use our Service for anything that would be deemed illegal or obscene.
- Removal/Debarment. You will be debarred from using the Services if You do not agree to and /or violate our Terms of Service. Any persons debarred from use of the Services under the laws of the United States (such as its export and re-export restrictions and regulations) or applicable laws in any other jurisdiction is also debarred from use our Platform and/or Service.
- Discrimination. Zeleye does not discriminate on the basis of age, gender, race, ethnicity, nationality, religion, sexual orientation, or any other protected status
II. User Account
Anyone may browse our public facing sites. You will be required to create a Zeleye account in order to access most features of our Services. To create a unique account, You will need to establish a profile, account name and password (Collectively “Registration Data”). For Your profile, You will be required to submit certain personal information such as name, profile name, email address, phone number, birthday, photo, and etc. You agree and represent that all Registration Data You provide to the Company will be and remain at all times true, accurate, current, and complete to the best of Your knowledge.
- Account Credentials.
- You agree to ensure Your account name and password comply with these Terms of Service.
- You agree not share Your account password or let others have access to Your account credentials or attempt to transfer Your account to anyone else.
- You are solely responsible for maintaining the confidentiality of Your account, Your password and for restricting access to Your devices used to access the internet.
- If You do permit others to use Your account credentials, You agree to these Terms of Service on behalf of all other persons who use the Services under Your account or password, and You are liable for all activities that occur under Your account.
- The Company is not responsible for any loss or damage as a result of someone else using Your account, password, or Registration Dara with or without Your knowledge.
- Access to the Service.
- Access to the Services may require the use of Your computer or mobile devices, as well as communications with or use of memory space on such devices.
- You are responsible for any Internet connection or mobile fees and charges that You incur when accessing the Services.
- You agree to immediately notify Us at TechSupport@Zeleye.com of any unauthorized use of Your account, password, or Registration Data; or of any related security breach by contacting us.
III. User Generated Content
The term "Content" refers to any information, data, communication, video, text, graphics, photos, sounds, music, audiovisual works, chat feed comments, bulletin boards, forum postings, wiki contributions, voice interactive data, gifting and/or other contributions appearing on the Platform that Users may broadcast, upload, or otherwise submit (collectively, "Submit") to the Service, or view or access on the Service. Zeleye allows You to distribute streaming live and pre-recorded audio-visual Content to use the Services that generate Content on the Platform. Also, the Platform may enable You to upload, via plug-ins or file transfer portals operated by our service providers, Your Content on the Platform that You have created using third party social platforms. You agree that, at the sole discretion of the Company, Your Submitted Content can be made publicly available on the Platform or otherwise exploited by the Company; and at the sole discretion of the Company that Your social media account profile name or login identifier may be linked, displayed, and/or made known of all such publicly available Content submitted by You. All of Your Content (whether kept private or made publicly available on the Platform) will be considered non-confidential and non-proprietary and You must not upload any of Your Content on or throughout the Platform or transmit any Content to us that You consider to be confidential or proprietary. You agree that the Company may establish general practices and limits concerning use of the Platform, including without limitation the maximum number of days that Your Content uploaded to the Platform will be retained by, or made available through, the Platform, and the maximum storage space that will be allotted on Company’s electronic media storage devices and/or systems, on Your behalf. You agree that the Company has no responsibility or liability for the blocking, deletion or failure to store any User Content maintained or transmitted by the Platform. You further agree that the Company reserves the right to change these general practices and limits at any time, in its sole discretion, with or without notice to You. All Content uploaded to the Platform shall be subject to our Privacy Notice available at https://www.zeleye.tv/privacy or https://www.zeleye.com/privacy.
- Responsibility. The Company assumes no responsibility for Content Submitted by You or any other users of the Service. You shall be solely liable for Content that You Submit to the Service, including without limitation for any consequences of publishing the Content through the Service. Your potential liability applies, such that any Content that You include in streaming live and pre-recorded audio-visual works initiated by You, even if You are not the creator of that Content. With respect to streaming live and pre-recorded audio-visual works, the rights granted by You hereunder terminate once You delete such Content from the Services, or generally by closing Your account, except:(a) to the extent You shared it with others as part of the Services and others copied or stored portions of such Content; (b) Zeleye used it for promotional purposes; and (c) for the reasonable time it takes to remove from backup and other systems.
- Public Use of Service. You agree the Service is intended for public use and not for private communications, and You confirm that You have a limited expectation of privacy with regard to any Content You may Submit to the Service, or any other communication by You made to or throughout the Service. You are aware the Company does not guarantee the security of any information You disclose via the Service and any submission of Content by You to the Service is made at Your own risk.
- License to Zeleye. Unless otherwise agreed to in a written agreement between You and the Company that was signed by an authorized representative of Zeleye, if You submit, transmit, display, perform, post, or store Content using the Services, You grant the Company and its sub-licensees, to the furthest extent and for the maximum duration permitted by applicable law (including in perpetuity if permitted under applicable law), an unrestricted, worldwide, irrevocable, fully sub-licenseable, nonexclusive, and royalty-free right to: (a) use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform, and display such Content (including without limitation for promoting and redistributing part or all of the Services (and derivative works thereof) in any form, format, media, or media channels now known or later developed or discovered; and (b) use the name, identity, likeness, and voice (or other biographical information) that You submit in connection with such Content. Should such Content contain the name, identity, likeness, and voice (or other biographical information) of third parties, You represent and warrant that You have obtained the appropriate consents and/or licenses for Your use of such features and that Zeleye and its sub-licensees are allowed to use them to the extent indicated in these Terms of Service. You agree that Your Submitted Content to the Platform does not create any new or alter any existing relationship between You and the Company. You agree that the Company may create or license from third parties or obtain Your Content from other users, that may be similar or identical to Your Content. You agree that the Company may generate revenues, increase goodwill, or otherwise increase the value of Company, from Your use of the Platform and any of Your Content You and without limitation, through the sale of advertising, sponsorships, promotions, and usage data, and You will have no right to share in any such revenue, goodwill or value whatsoever. You further agree that You have no right to receive any income or other consideration from any of Your Content that You submit to the Company to be uploaded onto the Platform, or the use thereof by the Company and/or other users as described herein. You agree that You shall have no recourse against the Company for any alleged or actual infringement or misappropriation of any proprietary or other right in or related to the Your Content You provide to the Company.
- Sponsored Content. All provisions in Section III shall apply with equal force if You Submit Content that includes advertorials, native advertising, or sponsorship ("Sponsored Content"). Without limitation, all of Your representations, warranties, indemnification obligations, and other obligations under the Terms of Service will apply equally to Sponsored Content as they would to any other Content You Submit. You agree that You are solely responsible for ensuring that Your Sponsored Content complies with all applicable federal, state and local laws, rules and regulations, including without limitation the Federal Trade Commission's Guides Concerning Endorsements and Testimonials ("FTC Guidelines"), including all required disclosures and disclaimers. As with other Content, The Company assumes no liability for Sponsored Content Submitted by You or any other users of the Service, or for any product or service offered by or through Sponsored Content ("Sponsored Products and Services"). You agree that You are solely liable for Sponsored Content that You Submit to the Service and all elements of it, including without limitation for Sponsored Products and Services and for any other consequences of transmission of Sponsored Content through the Service. In addition to all other termination provisions set forth in these Terms of Service, the Company reserves the right to terminate immediately Your access to the Service if You fail to make disclosures in any Sponsored Content You Submit in accordance with the FTC Guidelines or as otherwise required by applicable law. Further, in the event that Sponsored Content Submitted by You includes material or promotes products or services which, in the Company's sole opinion, might insult or offend Users of the Service or which might tend to injure the success of the Service or the good name of Zeleye, or if Your Sponsored Content does not comply with these Terms of Service as determined in the Company's sole opinion, conflicts with or does not align with the Company's business, community, ethical or other goals, then Zeleye shall have the right (a) to require that You cease submission of the Sponsored Content and/or (b) immediately terminate Your access to the Platform.
- User Promotions. Zeleye is not a gambling or betting platform. However, You may promote, administer, or conduct a promotion on, through, or utilizing the Services (a “Promotion”). If You choose to promote, administer, or conduct a Promotion, You must adhere to the following rules: (1) You may carry out Promotions to the extent permitted by applicable law and You are solely responsible for ensuring that any Promotions comply with any and all applicable laws, obligations, and restrictions; (2) You will be classified as the promoter of Your Promotion in the applicable jurisdiction(s) and You will be solely responsible for all aspects of and expenses related to Your Promotion, including without limitation the execution, administration, and operation of the Promotion; drafting and posting any official rules; selecting winners; issuing prizes; and obtaining all necessary third-party permissions and approvals, including without limitation filing any and all necessary registrations and bonds. The Company has the right to remove Your Promotion from the Platform if We reasonably believes that Your Promotion does not comply with these Terms of Service or applicable law; (3) The Company is not responsible for and does not endorse or support any such Promotions. You may not indicate that the Company is a sponsor or co-sponsor of the Promotion; (4) You waive any rights to prior inspection or approval of any marketing or promotional materials related to such Content; (5) You waive any and all rights of privacy, publicity, or any other rights of a similar nature in connection with Your Content, or any portion thereof; and (6) You will display or read out the following disclaimer when promoting, administering, or conducting a Promotion: “This is a promotion by [Your Name]. Zeleye does not sponsor or endorse this promotion and is not responsible for it.”
The Services are owned and operated by Zeleye. Unless otherwise indicated, all content, information, and other materials of Zeleye (excluding User Generated Content, set out in Section III above), including, without limitation, Zeleye’s trademarks and logos, the visual interfaces, graphics, design, compilation, information, identifying marks, website pages, screen shots, software, insignia, videos, chats, computer code (including source code or object code), services, text, pictures, information, data, sound files, other files, and the selection and arrangement thereof (collectively, the “Materials”) are protected by relevant intellectual property and proprietary rights and laws. All Materials are the property of Zeleye or its subsidiaries or affiliated companies and/or third-party licensors. Unless otherwise explicitly stated in writing by the Company, by agreeing to these Terms of Service You are granted a limited, non-sublicensable license (i.e., a personal and limited right) to access and use the Services for Your personal use or internal business use only.
- The Company retains all rights, title and interest in and to the Platform, throughout the world, in perpetuity, including, without limitation, (i) all text, graphics, typefaces, formatting, graphs, designs, editorial content, HTML, look and feel, software, and data, (ii) all business processes, procedures, methods, and techniques used in the Platform, (iii) all other materials and content uploaded or incorporated into the Platform, including, without limitation, all Platform, (iv) all associated trade secret rights and other intellectual property and proprietary rights recognized anywhere in the world; and (v) the coordination, selection, arrangement and enhancement of such Platform IP as a Collective Work under the United States Copyright Act, as amended (collectively, “Platform IP”), and nothing contained herein shall be construed as creating or granting to any User any right, title or interest in and to such Platform IP other than the express license granted therein pursuant to these Terms of Service. Platform IP is protected in all forms, media and technologies now known or hereinafter developed as well as by the domestic and international laws of copyright, trademarks, patents, and other proprietary rights and laws.
- The Company reserves all rights not expressly granted in these Terms of Service. This license is subject to these Terms of Service and does not permit You to engage in any of the following: (a) resale or commercial use of the Services or the Materials; (b) distribution, public performance or public display of any Materials; (c) modifying or otherwise making any derivative uses of the Services or the Materials, or any portion of them; (d) use of any data mining, robots, or similar data gathering or extraction methods; (e) downloading (except page caching) of any portion of the Services, the Materials, or any information contained in them, except as expressly permitted on the Services; or (f) any use of the Services or the Materials except for their intended purposes. Any use of the Services or the Materials except as specifically authorized in these Terms of Service, without the prior written permission of Zeleye, is strictly prohibited and may violate intellectual property rights or other laws. Unless explicitly stated in these Terms of Service, nothing in them shall be interpreted as conferring any license to intellectual property rights, whether by estoppel, implication, or other legal principles. Zeleye can terminate this license as set out in Section XII [Termination].
- The Company trademarks, service marks, and logos (the “Company Trademarks”) used and displayed on the Platform are Zeleye’s registered and unregistered trademarks or service marks. Other product and service names located on the Platform may be trademarks or service marks owned by third parties (the “Third-Party Trademarks,” and, collectively with the Company Trademarks, the “Trademarks”). Except as otherwise permitted by law, You may not use the Trademarks to disparage the Company or the applicable third-party, Zeleye’s or a third- party’s products or services (including, without limitation, the Platform), or in any manner (using commercially reasonable judgment) that may damage any goodwill in the Trademarks. You may not use any Trademarks as part of a link to or from the Platform without Zeleye’s prior express written consent. All goodwill generated from the use of any Trademark will inure solely to the benefit of the Company or the applicable third-party owner thereof.
- Any related licensing violation as stated hereto, may result in infringement of intellectual property and contractual rights of the Company, other users of the Platform, or other third parties, which is prohibited by law and could result in substantial civil and criminal penalties.
The Company may offer access to certain parts of the Service on a subscription basis ("Subscriptions"). Subscriptions shall be for a specified term. You agree to pay Your Subscription fee in advance of receiving any Subscription-based part of the Service. If You choose a Subscription-based service, You hereby grant the Company permission to automatically charge the Subscription fee to Your chosen payment method at the beginning of each applicable payment period. Your access to Subscription-based services will not be established until the Company has verified that the credit card or other payment information You provide for payment is accurate and that Your payment method account is in good standing.
- Renewal. Subscriptions may renew automatically on a monthly or annual basis, with payment due prior to each renewal unless You cancel Your Subscription before the monthly Renewal Date, which You may be responsible for making payments through the end of that calendar month. We may or may not notify You of upcoming Renewal Dates. You are required to keep Your billing information current, complete and accurate and notify the Company if Your selected payment method has changed. You are responsible for all charges incurred under Your Zeleye Account and You are responsible for timely cancelation of Your Subscription regardless of whether You receive any notice from Zeleye. The Company reserves the right to deactivate Subscription-based parts of the Service to Your Zeleye Account if payment is past due, regardless of the dollar amount. You may choose not to renew Your Subscription-based part of the Service at any time by contacting TechSupport@zeleye.com. Your cancellation is effective at the end of the current Subscription term.
- Modifications, Suspension and Termination. With or without notice to You, the Company, at its sole discretion, reserves the right to change, modify or cancel the Subscription program. All modifications to the Subscription program will apply to all Users of the Subscription-based Services. The Company reserves the right to discontinue or modify any Subscription fee payment option. The Company reserves the right to suspend or terminate Your access to any Subscription-based part of the Service without notice upon rejection of any charges or if the bank or other entity making payment on Your behalf requests return of payments previously made when Zeleye believes You are liable for the charges. The Company reserves the right in its sole discretion to suspend or terminate Your access to any Subscription-based service if You are in breach of this Terms of Service, or if You are suspended or banned, for any reason, and as such, You are responsible for canceling Your own Subscription(s) if You are banned from the Service.
VI. Prohibited Conduct
Your use of the Services is at Your own risk. YOU AGREE NOT TO violate any law, contract, intellectual property, or other third-party right; not to commit a tort, and that You are solely responsible for Your conduct while on the Platform. You expressly agree that all Content, including without limitation Sponsored Content, that You Submit will not be: (1) defamatory, libelous, abusive, or obscene, and without limitation, shall not include material that encourages conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any applicable local, state, federal, or international law; (2) infringe on the copyright or any other proprietary right of any person or entity; (3) invade the privacy of any person; (4) contain a virus, worm, Trojan horse, time bomb, or any other harmful program or component; or (5) be otherwise inappropriate or unlawful. Further, the Platform and Platform Content may not be used, modified, reproduced, duplicated, copied, published, distributed, downloaded, sold, resold, transformed, redesigned, reconfigured, retransmitted, or otherwise exploited by You for any purpose except as facilitated by the tools, products, services, functionalities and/or features made available to Users of the Platform, or without the express prior written consent of the Company, the applicable User, and/or the applicable third-party owner thereof, in each instance.
- Without limiting the abovementioned, while using the Platform, You agree not to conduct any of the following: (1) Use the Platform for any purpose in violation of applicable local, state, national, or international law or regulation, including, without limitation, laws governing intellectual property and other proprietary rights, data protection and privacy. Use the Platform in a manner which is false or misleading (directly or by omission or failure to update information) or for the purpose of accessing or otherwise obtaining the Company’s trade secret information for public disclosure or other purposes; (2) Defame, abuse, harass, stalk, threaten, bully, or otherwise violate the legal rights (such as, but not limited to, rights of privacy and publicity) of the Company or other users, or use information learned from the Platform to otherwise defame, abuse, harass, stalk, threaten, bully, intimidate or mislead, or otherwise violate the legal rights of the Company or any other user outside of the Platform; (3) Interfere with or damage operation of the Platform or any user’s enjoyment of them, by any means, including uploading or otherwise disseminating viruses, adware, spyware, worms, or other malicious code; (4) Create a false identity (except for a user name unique to You that does not violate the rights of a third party, such as a celebrity or owner of intellectual property); (5) Reverse engineer, decompile, disassemble or otherwise attempt to discover the source code of the Platform or any part thereof; (6) Forge an email address or header; or in any other way attempt to mislead others as to the identity of the sender or the origin of the message; (7) Use a robot, spider, manual and/or automatic processes, or devices to data-mine, data-crawl, scrape or index the Platform in any manner; (8) Use the Service to spam others or create mass-emails; (9) Use, transfer, distribute or dispose of Platform IP in any manner that could compete with the business of Company; (10) Continue harmful behavior if You have been warned of such; (11) Adapt, alter, license, sublicense or translate the Platform for Your own personal or commercial use; and/or (12) Modify, adapt, translate or create derivative works based upon the Platform or any part thereof.
- To the extent permitted by applicable law, the Company takes no responsibility and assumes no liability for any User Content or for any loss or damage resulting therefrom, nor is the Company liable for any mistakes, defamation, slander, libel, omissions, falsehoods, obscenity, pornography, or profanity You may encounter when using the Services. In addition, these rules do not create any private right of action on the part of any third party or any reasonable expectation that the Services will not contain any content that is prohibited by such rules.
- Zeleye is not liable for any statements or representations included in User Content. The Company does not endorse any User Content, opinion, recommendation, or advice expressed therein, and Zeleye expressly disclaims any and all liability in connection with User Content. To the fullest extent permitted by applicable law, Zeleye reserves the right to remove, screen, or edit any User Content posted or stored on the Services at any time and without notice, including where such User Content violates these Terms of Service or applicable law, and You are solely responsible for creating backup copies of and replacing any User Content You post or store on the Services at Your sole cost and expense. Any use of the Services in violation of the foregoing violates these Terms of Service and may result in, among other things, termination or suspension of Your rights to use the Services.
- The License granted to You in these Terms of Service terminates automatically upon any unauthorized use of the Services and Company will take appropriate investigative and legal action for any illegal or unauthorized use of the Platform. You acknowledge that violation of any of the above restrictions may subject You to third-party claims and none of the rights granted to You in these Terms of Service may be raised as a defense against any third-party claims arising from any such violation.
The Company respects the intellectual property of others and follows the requirements set forth in the Digital Millennium Copyright Act (“DMCA”) and other applicable laws. The Company reserves the right to remove any Content that allegedly infringes another party’s copyright. The Company will promptly terminate the accounts of Users, in appropriate circumstances, who are repeat infringers of another party’s copyright.
- Notification of Alleged Copyright Infringement. If You are a copyright owner or an agent thereof and believe that any Content infringes Your copyrights, contact the Company via email at TechSupport@Zeleye.comwith the words, "Attn: Copyright Infringement Designated Agent" in the subject line. You agree to provide the following in Your email:
- Information reasonably sufficient to permit the Company and/or other pertinent entities to contact You, such as Your name, address, telephone number, email address, and any other relevant information deemed necessary to contact You;
- A description of the copyrighted work that You claim has been infringed and an explanation as to why You think an infringement has taken place, to include if multiple copyrighted works within the Service are covered by a single notification, a representative list of such works that appear within the Service;
- Identification of the material that has been removed or to which access has been disabled, and a description of where the material that You claim is infringing is located on the Platform or appeared before it was removed or access to it was disabled;
- A statement that You have a good faith belief that the use of the copyrighted work is not authorized by the copyright owner, its agent, or applicable law;
- A statement by You under penalty of perjury under applicable law that the information in Your notice is accurate and that You are the copyright owner or authorized to act on the copyright owner’s behalf; and
- Your electronic or physical signature.
- The United States law imposes substantial penalties for falsely submitting a notice of copyright infringement.
ZELEYE, the Zeleye logos, and any other product or service name, logo, or slogan used by Zeleye, and the look and feel of the Zeleye Services, including all page headers, custom graphics, button icons, and scripts, are trademarks or trade dress of Zeleye, and may not be used in whole or in part in connection with any product or service that is not Zeleye’s, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits Zeleye, without our prior written permission. All other trademarks referenced in the Service are the property of their respective owners. Reference on the Platform to any products, services, processes, or other information by trade name, trademark, manufacturer, supplier, or otherwise does not constitute or imply endorsement, sponsorship, or recommendation thereof by us or any other affiliation.
IX. Third-Party Content
The Platform may include third-party content or links to third-party websites, products, applications, or services (including external websites that are framed by the Platform as well as any advertisements displayed in connection therewith) that are not owned or controlled by the Company (collectively, “Third-Party Content”). Zeleye does not control or endorse any Third-Party Content and makes no representation or warranties of any kind regarding the Third-Party Content, including without limitation regarding its accuracy or completeness. The Company is not responsible for their (i) availability or accuracy, or (ii) content, advertising, or products or services. Further, the Company does not create Third-Party Content, update, or monitor it; and therefore, we are not responsible for any Third-Party Content on the Service. Inclusion of any Third-Party Content on the Platform does not constitute or indicate Zeleye’s endorsement thereof and the Company shall not be liable or responsible for any Third-Party Content transmitted through the Platform.
- You agree that the Company will not and cannot censor or edit any Third-Party Content and that You shall assume the sole responsibility for and risk associated with Your use of Third-Party Content, including compliance with these Terms of Services, privacy policies, or practices associated therewith. You are responsible for deciding if You want to access or use Third-Party Content. You shall be subject to any additional terms and conditions of use, guidelines or rules applicable to any Third-Party Content that You access through the Platform (“Third-Party Terms”). All such Third-Party Terms are hereby incorporated by reference into these Terms of Service.
- You agree that any of Your correspondence or business dealings with, or participation in promotions of, advertisers found on or through the Service are solely between You and such advertiser. Access and use of Third-Party Content, including the information, materials, products, and services on or available through Third-Party Content, is solely at Your own risk. By using the Platform, You expressly relieve and hold the Company harmless from any and all liability arising from Your use of any Third-Party Communications and Third-Party Content, including any loss or damage incurred as a result of any dealings between You and any third parties, or as the result of the presence of such Third-Party Content on the Platform or the failure of such Third-Party Content to function as intended. It is Your responsibility to evaluate the content and usefulness of the information obtained from Third-party Content.
X. Third-Party Communications and Submission of Ideas
The Company welcomes any feedback and/or comments from You. By providing us with Your email address and using the Platform, You hereby affirmatively consent to the use of Your email address for notifications from us regarding important service announcements and other administrative communications related to Your use of the Platform, as well as certain marketing and other advertising communications from us and from our third-party advertising partners. You also agree that the Company is entitled to use or disclose any of Your submitted ideas, suggestions, documents, and/or proposals (the “Idea Submissions”) to the Company or its employees, for any purpose in any way without providing compensation or credit to You. The Idea Submissions will automatically upon submission become the property of the Company, without any compensation to You.
- While under no obligation to review Idea Submissions or to keep such submissions confidential, the Company may use or redistribute any such submission and its contents for any purpose and in any way it deems fit. The Company disclaims all liability for any communications directed to You from any third-party directly or indirectly in connection with the Platform (“Third-Party Communications”) that You may receive, and any actions You may take or refrain from taking as a result of any Third-Party Communications.
- You are solely responsible for assessing and verifying the identity and trustworthiness of the source and content of any Third-Party Communications. Company assumes no responsibility for verifying, and makes no representations or warranties regarding, the identity or trustworthiness of the source or content of any Third-Party Communications. To provide Idea Submissions or feedback, please email TechSupport@Zeleye.com.
To the fullest extent permitted by applicable law, the Company reserves the right, without notice and in our sole discretion, to disable Your Account, or to suspend, or to terminate Your use of the Service, and access to the Platform. The Company has the right, but not the obligation, to screen, refuse to post, remove or edit Your Content (including any Sponsored Content), at any time and for any or no reason at all, in our sole discretion. The Company further reserves the right to investigate complaints or reported violations of these Terms of Service and to take any action we deem appropriate, including, but not limited to, reporting any suspected unlawful activity to law enforcement officials, regulators, or other third parties and disclosing any information necessary or appropriate to such persons or entities relating to Users’ Account, profile name, e-mail addresses, usage history, IP addresses, and traffic information.
- Our right to terminate Your use of the Service or access to the Platform includes the ability to terminate or to suspend Your access to any products or services and when we are unable to continue providing the Service to You due to technical or legitimate business reasons. The Company will have no liability for any change to the Service or any suspension or termination of Your access to or use of the Service. If we terminate, limit, or suspend Your right to use the Platform, You are prohibited, without Company’s prior written consent, from registering and creating a new Account under Your name, a fake or borrowed name, or the name of any third-party, even if You may be acting on behalf of the third-party. In the event Your right to use the Platform terminated, limited, or suspended, these Terms of Service will remain in effect and enforceable against You.
- You may terminate these Terms of Service at any time by deleting Your Account and ceasing all use of the Platform. Notwithstanding the foregoing, all sections of these Terms of Service which by their nature should survive the expiration or termination shall continue in full force and effect subsequent to and notwithstanding the expiration or termination of these Terms of Service.
XII. Modification of these Terms of Service
Zeleye may amend any of the terms of these Terms of Service by posting the amended terms. Your continued use of the Zeleye Services after the effective date of the revised Terms of Service constitutes Your acceptance of the terms.
XIII. Indemnification, Limitations Liability and Disputes
You hereby waive all rights to pursue in a court of law any action or proceeding instituted in connection with the service or these Terms of Service. You acknowledge and agree that nothing in these Terms of Service shall be deemed to constitute a waiver of our compliance with the federal securities laws and the rules and regulations thereunder, nor shall it constitute a waiver by You of any of Your legal rights under applicable U.S. federal securities laws or any other laws whose applicability is not permitted to be contractually waived. This provision shall not apply to claims arising under the U.S. federal securities laws.
- Indemnification. You hereby agree to indemnify, defend, and hold harmless the Company, its parents, subsidiaries, affiliated companies, and partners in promotions, sweepstakes or contests, or any of such parties’ and each of our respective contractors, employees, officers, directors, agents, third-party suppliers, licensors, and partners (individually and collectively, the “Company Parties”) from any claims, losses, damages, demands, expenses, costs, and liabilities, including legal fees and expenses, arising out of or related to Your access, use, or misuse of the Services, any User Content You post, store, or otherwise transmit in or through the Service, Your violation of the rights of any third party, any violation by You of these Terms of Service, or any breach of the representations, warranties, and covenants made by You herein. You agree to promptly notify the Company Parties of any third-party claim, and the Company reserves the right, at Your expense, to assume the exclusive defense and control of any matter for which You are required to indemnify Zeleye, and You agree to cooperate with the Company’s defense of these claims. The Company will use reasonable efforts to notify You of any such claim, action, or proceeding upon becoming aware of it. The Company reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to Your indemnification. You will not, in any event, settle any claim or matter without the written consent of the Company.
- Limitations of Liability. YOU ACKNOWLEDGE AND AGREE THAT THE COMPANY IS ONLY WILLING TO PROVIDE THE PLATFORM AND SERVICES IF YOU AGREE TO CERTAIN LIMITATIONS OF OUR LIABILITY TO YOU AND THIRD PARTIES. THEREFORE, YOU AGREE NOT TO HOLD THE COMPANY AND THE COMPANY PARTIES LIABLE FOR ANY DAMAGE, SUITS, CLAIMS, AND/OR CONTROVERSIES (COLLECTIVELY, “LIABILITIES”) THAT HAVE ARISEN OR MAY ARISE, WHETHER KNOWN OR UNKNOWN, RELATING TO YOUR OR ANY OTHER PARTY’S USE OF OR INABILITY TO USE THE PLATFORM, INCLUDING WITHOUT LIMITATION ANY LIABILITIES ARISING IN CONNECTION WITH THE CONDUCT, ACT OR OMISSION OF ANY USER (INCLUDING WITHOUT LIMITATION STALKING, HARASSMENT THAT IS SEXUAL OR OTHERWISE, ACTS OF PHYSICAL VIOLENCE, AND DESTRUCTION OF PERSONAL PROPERTY), ANY DISPUTE WITH ANY USER, ANY INSTRUCTION, ADVICE, ACT, OR SERVICE PROVIDED BY THE COMPANY OR ITS AFFILIATES OR LICENSORS AND ANY DESTRUCTION OF YOUR INFORMATION.
UNDER NO CIRCUMSTANCES WILL ANY COMPANY PARTIES BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL OR EXEMPLARY DAMAGES ARISING IN CONNECTION WITH YOUR USE OF OR INABILITY TO USE THE PLATFORM, EVEN IF ADVISED OF THE POSSIBILITY OF THE SAME. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. IF, NOTWITHSTANDING THE FOREGOING EXCLUSIONS, IT IS DETERMINED THAT ANY COMPANY PARTY IS LIABLE FOR DAMAGES, IN NO EVENT WILL THE AGGREGATE LIABILITY, WHETHER ARISING IN CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, EXCEED ONE HUNDRED U.S. DOLLARS ($100.00).
- Disputes. Any dispute You have with any third-party arising out of Your use of the platform, including, by way of example and not limitation, any carrier, copyright owner or other user, is directly between You and such third-party, and You irrevocably release the Company Parties from any and all claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such disputes.
- In the event of any dispute, controversy, or claim of any kind or nature arising under or in connection with these Terms of Service whether based on contract, tort, statute, fraud, misrepresentation or any other legal or equitable theory, including without limitation disputes as to the creation, validity, interpretation, breach, or termination of these Terms of Service (a " Dispute"), the party initiating the Dispute shall give to the other party written notice of the specific subject(s) of the Dispute (the " Dispute Notice") and the parties shall meet and negotiate in good faith in an effort to resolve the Dispute without the necessity of any formal proceeding.
- You and the Company agree that any proceedings to resolve or litigate any Dispute will be conducted solely on an individual basis, and that neither You nor the Company will seek to have any Dispute heard as a class action, a representative action, a collective action, a private attorney-general action, or in any proceeding in which You or the Company acts or proposes to act in a representative capacity. You and the Company further agree that no proceeding will be joined, consolidated, or combined with another proceeding without the prior written consent of You, the Company, and all parties to any such proceeding.
- Disclaimers; No Warranties. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW: (A) THE SERVICES AND THE CONTENT AND MATERIALS CONTAINED THEREIN ARE PROVIDED ON AN “AS IS” BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, EXCEPT AS EXPRESSLY PROVIDED TO THE CONTRARY IN WRITING BY THE COMPANY; (B) THE COMPANY PARTIES DISCLAIM ALL OTHER WARRANTIES, STATUTORY, EXPRESS, OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT AS TO THE SERVICES, INCLUDING ANY INFORMATION, CONTENT, OR MATERIALS CONTAINED THEREIN; (C) THE COMPANY DOES NOT REPRESENT OR WARRANT THAT THE CONTENT OR MATERIALS ON THE SERVICES ARE ACCURATE, COMPLETE, RELIABLE, CURRENT, OR ERROR-FREE; (D) THE COMPANY IS NOT RESPONSIBLE FOR TYPOGRAPHICAL ERRORS OR OMISSIONS RELATING TO TEXT OR PHOTOGRAPHY; AND (E) WHILE THE COMPANY ATTEMPTS TO MAKE YOUR ACCESS AND USE OF THE SERVICES SAFE, THE COMPANY CANNOT AND DOES NOT REPRESENT OR WARRANT THAT THE SERVICES OR OUR SERVER(S) ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, AND THEREFORE, YOU SHOULD USE INDUSTRY-RECOGNIZED SOFTWARE TO DETECT AND DISINFECT VIRUSES FROM ANY DOWNLOAD. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM ZELEYE OR THROUGH THE SERVICES WILL CREATE ANY WARRANTY NOT EXPRESSLY STATED HEREIN.
- Waiver and Severability of Terms; Entire Agreement. Failure by the Company to enforce any provision(s) of these Terms of Service will not be construed as a waiver of any provision or right. If any provision of these Terms of Service is deemed unlawful, void or unenforceable by a court of law exercising proper jurisdiction, that provision shall be deemed severed from the remaining provisions and shall not affect their validity and enforceability. These Terms of Service incorporate by reference any notices contained on the Platform and the Privacy Notice and constitute the entire agreement with respect to access to and use of the Platform and Platform Content.
- Claims. YOU AND THE COMPANY AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE SERVICES MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.