Z NETWORK TERMS OF USE
Last Updated: July 7, 2024
PLEASE READ THIS AGREEMENT CAREFULLY. BY ACCESSING OR USING THE SERVICES OR OTHERWISE
AGREEING TO THIS AGREEMENT, YOU UNDERSTAND AND AGREE TO BE BOUND BY THIS
AGREEMENT AND RECOGNIZE THAT YOU MAY BE WAIVING CERTAIN RIGHTS.
These Terms of Use (theAgreement”) constitute a legal agreement between you and The Z Network
LLC (“Z Network”, we”, us”, or our”) and govern your access to and use of our websites
(collectively, theSite”), mobile application (the “App”), mobile and website marketing platform (the
Platform”, as further defined below) and related services and resources (collectively, the “Services
as further defined below). For purposes of this Agreement, “User”, “you” or yourmeans any user
of our Services, whether an Influencer or Advertiser, as both are defined below, or other visitor to or
user of our Services for any purpose.
THIS AGREEMENT CONTAINS A BINDING ARBITRATION AGREEMENT WHICH LIMITS YOUR RIGHTS
TO BRING AN ACTION IN COURT, BRING A CLASS ACTION, AND HAVE DISPUTES DECIDED BY A JUDGE
OR JURY, AS WELL AS PROVISIONS THAT LIMIT OUR LIABILITY TO YOU.
Some terms may not apply to you, depending on where you are in the world, so please look out for
any notices explaining terms that are relevant to particular countries only.
YOUR CONTINUED USE OF THE SERVICES IS SUBJECT TO YOUR CONTINUED COMPLIANCE WITH THIS
AGREEMENT. IN THE EVENT YOU DO NOT AGREE TO BE BOUND BY THIS AGREEMENT, YOU MAY
NOT USE THE SERVICES AND MUST DISCONTINUE USE IMMEDIATELY.
CONTINUED ACCESS AND USE THE SERVICES AFTER CHANGES HAVE BEEN MADE TO THIS
AGREEMENT CONSTITUTES YOUR ACCEPTANCE OF THE REVISED AGREEMENT THEN IN EFFECT. YOU
AGREE THAT YOU SHALL REVIEW THIS AGREEMENT PERIODICALLY AND THAT YOU SHALL BE BOUND
BY THIS AGREEMENT AND ANY MODIFICATIONS TO IT.
If you are an individual accessing or using the Services on behalf of, or for the benefit of, any
corporation, partnership, or other entity with which you are associated (“Organization”), then you are
agreeing to this Agreement on behalf of yourself and such Organization, and you represent and
warrant that you have the legal authority to bind such Organization to this Agreement. References to
“you” and “your” in this Agreement will refer to both the individual using the Sites and to any such
Organization. By continuing to use the Services, you agree that your use of the Services is legally
sufficient consideration under this Agreement.
We are committed to making the Services accessible for all Users, and shall continue to take
reasonable steps necessary to comply with applicable laws. In the event you have difficulty accessing
any content, feature, or functionality of a Service, please contact us.
The information provided on the Site is not intended for distribution to or use by any person or entity
in any jurisdiction or country where such distribution or use would be contrary to law or regulation or
which would subject us to any registration requirement within such jurisdiction or country.
Please use the links below to access the various topics in this Agreement.
GENERAL TERMS
1. Applicability
2. Certain Definitions
3. Authorized Use of Our Services
4. License
5. User Accounts
6. Interactive Features and Forums
7. Descriptions, Testimonials, Opinions
8. Third-Party Content and Links
9. Availability of the Platform and the Services
10. Mobile Applications
PLATFORM TERMS
11. Engagement Between Advertiser and Influencer
RIGHTS OF THE PARTIES AND OTHER TERMS
12. Our Intellectual Property Rights
13. Copyright Infringement
14. Term and Termination
15. Children
16. Relationship of the Parties
17. Confidentiality.
18. Disclaimer of Warranties
19. Indemnity
20. Limitation of Liability
21. Disputes, Arbitration and Class Action Waiver
22. Injunctive Relief
23. Other Important Legal Terms
24. Contacting Us
GENERAL TERMS
1. Applicability
1.1. This Agreement, and any and all restrictions and policies posted by Z Network in the
App, on the Site, or otherwise implemented by Z Network from time to time with
respect to the Platform and/or the Services, as defined below, or any agreements
entered into by you and us that govern the User’s access and use of the Services, or
any part thereof, also govern your use of our Services.
1.2. We handle any personal information that we collect about you during your use of our
Services pursuant to our Privacy Policy.
1.3. Users may use certain features of the Services without downloading the App or
creating a User Account, as defined below. In the event you do not accept this
Agreement, however, you must not use the Services in any capacity.
1.4. Z Network may make changes to this Agreement, at any time, and Users should check
back often and make sure that you are familiar with the most current version of thi
s Agreement. We may, but are not required to, contact you through your
account or the email address you provided to us when creating an account to let you
know of any changes we deem material. Any amendment to this Agreement shall be
effective upon Z Network’s posting of such updated Agreement on the Services.
User’s continued use of the Services after such posting constitutes User’s consent to
be bound by this Agreement, as updated and amended.
1.5. The Services are only available in certain countries. You may not use our Services in
any country or jurisdiction where they are not available.
2. Certain Definitions
2.1. Certain definitions used within this Agreement are defined in this Section. Other
definitions are defined as described elsewhere in the Terms.
2.1.1. Advertiseror “Brand” means a User whose product or service is being
advertised, or whose name or image is mentioned or promoted in an
advertisement created by an Influencer. Advertisers may open an
Advertiser (or Brand) Account.
2.1.2. Advertiser Profile or “Brand Profile” means the publicly facing section
of an Advertiser Account.
2.1.3. Influencermeans a User who has created and activated an Influencer
Account.
2.1.4. Influencer Profilemeans the publicly facing section of an Influencer
Account.
2.1.5. Platform means the marketing platform for Influencers, Advertisers
and/or other users , which is accessible via the Platform.
2.1.6. Servicesmeans, collectively, any services and features Z Network may
provide to Users, Advertisers and/or Influencers, including the Site, the
App, the Platform, and any features of the Platform, including, but not
limited to, connecting Influencer’s social accounts and Engagements, as
may be amended from time to time, and providing support through an
account manager or “concierge agent.
2.1.7. User Account means, collectively, the Advertiser Accounts and
Influencer Accounts.
3. Authorized Use of Our Services
By using or attempting to use our Services, you acknowledge, represent and warrant that:
3.1. You shall not violate, and shall comply with, all applicable statutes, orders,
regulations, rules and other laws;
3.2. You shall not violate the rights of any third party;
3.3. You are the legal age of majority in your jurisdiction, and that you have the power to
form a binding contract with us on your own behalf or on behalf of any group
constituting an Influencer, and are not barred under any applicable laws from doing
so, and that funds received by such a group representative will be held by such
representative in trust for such group and distributed appropriately. Regardless of
the legal age of majority in your jurisdiction, in no instance may you use or attempt
to use our Services in the event you are under the age of eighteen (18);
3.4. Z Network is not providing any legal services and shall not advise or be deemed to
advise User regarding any legal matters. In the event User desires to obtain legal
counsel, User shall seek an independent legal counsel licensed to practice law in
User’s jurisdiction. User shall not rely on Z Network for any such counsel;
3.5. Z Network provides a Platform and allows Users to engage with each other to post
content, and therefore Z Network is not and shall not be responsible or liable for any
content, including but not limited to data, text, information, usernames, graphics,
images, photographs, profiles, audio, video, items, and links posted by any User or
other party;
3.6. You shall not utilize the Services in any manner violative of any agreement made with
us or an Advertiser or Influencer, including Engagement Agreements, through our
Services;
3.7. You shall not take any screenshots, screengrabs, screen captures, pictures of, or
otherwise capture or copy any of the Services, or information within the Services,
including the App and Site, and including, but not limited to, information contained in
Engagements or User Profiles;
3.8. You shall not share any information you learn within or in connection with our
Services with anyone outside the Services, including, but not limited to Z Network
Confidential Information and Advertiser Confidential Information unless specifically
authorized to do so as part of Influencer Services pursuant to an Engagement
Agreement, and then only for the specific information for which you are authorized
to share;
3.9. You shall not expose the Services to any risk of piracy and attempted attacks on the
vulnerability of the Services and any applicable security system, and to implement all
appropriate measures to prevent those aforementioned risks or any other risk that
may affect the Services; and
3.10. You shall not use the Services for any fraudulent or unlawful purpose and shall not
take any action to interfere with the Services, or any other party’s use thereof. For
example, you shall not do any of the following, without our express written
permission:
3.10.1. Post, upload, share, transmit, distribute, facilitate distribution of or
otherwise make available to or through the Services any content, that is
or may be, unlawful, harmful, harassing, xenophobic, political,
defamatory, threatening, intimidating, fraudulent, tortious, vulgar,
obscene, hateful, pornographic, spam, discriminatory, violative of privacy
or publicity rights, infringing of intellectual property or other proprietary
rights, violative of NIL guidelines (If applicable), or otherwise
objectionable in our sole discretion, including unauthorized or unsolicited
advertising;
3.10.2. Post to or transmit through the Services any sensitive or special
personally identifiable information about yourself or third parties, such
as social security, credit card or bank account numbers, religious or
political belief, health or medical information, or other information
concerning such sensitive or special personal matters, unless specifically
requested by us;
3.10.3. Sell, exchange, reproduce, duplicate, copy, monetize, publicly display,
frame, sell, resell or otherwise exploit for any commercial purposes, any
portion of, use of, or access to the Services, without our express written
permission or as otherwise expressly allowed in this Agreement. The
foregoing does not limit or restrict an Influencer or Advertiser from
posting on social media or otherwise any content created by the
Influencer for the Advertiser during use of the Services;
3.10.4. Impersonate any person or entity or falsely state or otherwise
misrepresent your affiliation with any person or entity in connection with
the Services, or express or imply that we endorse any statement you
make;
3.10.5. Violate, or attempt to violate, the security of the Services;
3.10.6. Disseminate on the Services any viruses, worms, spyware, adware, or
other malicious computer code, file or program that is harmful or invasive
or is intended to damage or hijack the operation of, or monitor the use
of, any hardware, software, equipment or any part of the Services;
3.10.7. Use scripts, macros or other automated means to impact the integrity of
balloting/voting, ratings or similar features;
3.10.8. Reverse engineer, disassemble, decompile, or otherwise attempt to
derive in any way, the method of operation of the Services;
3.10.9. Build a competitive product or service using the Services, build a product
or service using similar ideas, features, functions, or graphics as the
Services or determine whether the Services are within the scope of any
patent;
3.10.10. Interfere in any manner with the operation or hosting of the Services or
monitor the availability, performance, or functionality of the Services;
3.10.11. Use any data mining, bots, spiders, automated tools or similar data
gathering and extraction methods, directly or indirectly, on the Services
or to collect any information from the Services or any other User of the
Services;
3.10.12. Assist or permit any persons in violating this Agreement or other
applicable laws or rules governing the use of the Services.
3.10.13. Create links to the Services, or any content available via Services, without
Z Network’s prior written approval. As a matter of clarification, the
foregoing is not meant to prohibit or restrict an Influencer posting links
on social media to its content created for the Advertiser as part of the
Services;
3.10.14. Use logos, trademarks or any other element protected by Z Network’s
intellectual property rights, without our express written permission; or
3.10.15. simulate the appearance or functioning of the Services (e.g., by
mirroring);
3.11. User must ensure that its employees and/or service providers comply with this
Agreement, and User is and shall remain at all times responsible for any non-
compliance or violation of this Agreement by its employees and/or service providers,
or any other person to which it gives access to its User Account or otherwise allows
to use the Services.
3.12. All registration information you submit will be true, accurate, current, and complete,
you will maintain the accuracy of such information and promptly update such
registration information as necessary, and you have the legal capacity and you agree
to comply with these Terms of Use.
4. License
4.1. Subject to the User’s compliance with the terms and restrictions set forth in this
Agreement, Z Network grants User a limited, personal, revocable, non-assignable,
non-transferrable, non-sub-licensable, and non-exclusive right to access and use the
Services, subject to the Terms. It shall be clarified that this Agreement does not entitle
User to any right or title in the Services (or any part thereof), other than the rights
explicitly granted herein. No content from the Services may be copied, reproduced,
republished, performed, displayed, downloaded, posted, transmitted, or distributed
in any way without written permission of the rights owner (as a matter of clarification,
the foregoing does not limit distribution of content by a User created by an Influencer
engaged during use of the Services).
5. User Accounts
In general, you are not obligated to register for an account in order to access the Site, however in
order to access the Platform and/or our App, and to use the Services as an Influencer or Advertiser,
you are required to create an account through our App or Site.
5.1. Account and Profile
5.1.1. In order to use the Services, Users must create an account (“ Account”).
5.1.2. You must create a password to access your Account. You are solely
responsible for safeguarding your password. User’s Account and
password is personal to User, and User agrees not to provide any other
person with access to the Platform and/or Services using User’s Account
or password;
5.1.3. To receive or make payment for any Influencer Services performed
through our Services and in order to utilize paid Services, you must enter
your accurate financial account information such as your bank account
number, bank name, tax identifier, or bank routing number, as we may
request from time to time into the portal provided by our third party
payment provider (e.g. Stripe). You must be authorized to use the
payment method that you enter in your Account. You authorize us to
charge you for any Fees and/or paid feature of the Services that you
choose to sign up for or use while this Agreement is in force. We may
initiate payments (a) in advance; (b) at the time of purchase; (c) shortly
after purchase; or (d) on a recurring basis for Subscriptions.
5.1.4. Z Network may, at its sole discretion, accept User’s request to open an
Account. We may reject, and you may not use, a User’s name (or e-mail
address) for any reason at our sole discretion. For example, we may reject
a User’s name (or e-mail address) that is already in use by someone else;
that may be construed as impersonating another person; that belongs to
another person; that violates the intellectual property or other rights of
any person; or that is offensive. We reserve the right to reject or cancel
an Account for any reason, or none whatsoever.
5.1.5. You are responsible for all activities that occur under your Account,
regardless of whether the activities are undertaken by you, your
employees or a third party on your behalf (including your contractors or
agents). You agree to contact us immediately in the event you believe an
unauthorized third party may be using your Account or in the event your
Account information is lost or stolen. You may terminate your Account
and this Agreement at any time in accordance with Section 14.
5.1.6. WE EXPLICITLY DISCLAIM LIABILITY FOR ANY AND ALL LOSSES AND
DAMAGES ARISING FROM YOUR FAILURE TO COMPLY WITH THIS SECTION
AND USER IRREVOCABLY WAIVES ANY CLAIMS, OF ANY NATURE IN
CONNECTION THEREWITH.
5.2. Information
5.2.1. The Services may allow Users to enter certain information on their
Profiles. A User may fill in the Profile with the following information, as
may be amended by Z Network from time to time: User’s name, picture,
email, date of birth, gender, address, interests, social media accounts,
general information about the User, and User’s social media posts (“User
Information”).
5.2.2. The Services may provide Userswith the option to link its social media
accounts with its Account. If you link your Account with your social media
accounts, you acknowledge, warrant and undertake that (i) your social
media accounts are not governed by this Agreement, but are governed by
each social media site’s own terms of use, privacy policies, and/or other
policies (“Third Party Policies”); (ii) you shall review and comply with such
Third Party Policies, and, amongst others, make sure that each such link
is in compliance with the respective Third Party Policies; and
(iii) Z Network shall not be liable in any way for any non-compliance or
violation by you of any Third Party Policies and/or applicable law.
5.2.3. By submitting Information to the Profile, or allowing it to be shared, User
acknowledges that Z Network is and shall be under no obligation to edit
or control any Information and shall not be in any way responsible or
liable for any Information. Although Z Network has no obligation to
screen, edit or monitor any of the Information, Z Network explicitly
reserves the right, at its sole discretion, to remove, edit, or block without
giving any prior notice, any Information available on the Profile, at any
time and for any reason, and User is solely responsible for creating backup
copies of Influencer Information.
5.2.4. User grants to Z Network the right to utilize and disclose Information to
any third party as necessary to operate the Services, to protect the rights
of Z Network, its customers, employees or others, to enforce this
Agreement, to comply with legal obligations or governmental requests or
for any other reason or purpose as Z Network deems appropriate.
5.2.5. By submitting the information to Z Network, User represents and
warrants that: (i) it shall use the Account solely in accordance with this
Agreement and any applicable law; and (ii) any information provided to Z
Network by User is correct and will be updated by User as necessary.
5.2.6. USER UNDERSTANDS AND AGREES THAT Z NETWORK SHALL NOT BEAR
ANY LIABILITY FOR ANY LOSS, DAMAGE, COST, OR EXPENSE OF ANY KIND
THAT USER MAY SUFFER OR INCUR AS A RESULT OF OR IN CONNECTION
WITH UPLOADING ANY INFORMATION, AND Z NETWORK IS NOT AND
SHALL NOT BE RESPONSIBLE OR LIABLE TO ANY THIRD PARTY (INCLUDING
ADVERTISERS) FOR THE CONTENT OR ACCURACY OF ANY INFORMATION
POSTED BY USER OR ANY OTHER USER OF THE PLATFORM AND/OR
SERVICES. USER IS AND SHALL BE SOLELY RESPONSIBLE FOR ITS
INFORMATION AND THE CONSEQUENCES OF POSTING OR PUBLISHING
SUCH INFORMATION ON THE PROFILE, IN ANY WAY AND USER
IRREVOCABLY WAIVES ANY CLAIMS, OF ANY NATURE IN CONNECTION
THEREWITH
5.2.7. User represents and warrants that User is and shall remain at all times the
rightful owner of the Information User uploads to the User’s Profile or
that User has (and shall continue to have) all the required licenses, rights,
consents, and permissions from the rightful owners of such consent, and
that such content does not infringe any third party’s intellectual property
rights or other rights, including without limitation, any privacy rights,
publicity rights, copyrights, or any other intellectual property rights. In
the event User shares any Information, User represents and warrants that
such person has consented to receiving the information.
5.2.8. Without derogating from any other provisions of this Agreement, User
expressly agrees that the Information that User posts or uploads shall not
include (i) any spam, unsolicited promotions, advertising, contests or
raffles; (ii) content which is or may be unlawful, defamatory, libelous,
harassing, offensive, indecent, pornographic, abusive, fraudulent,
threatening or vulgar, or otherwise violates Section 3 of this Agreement;
(iii) content that unlawfully discriminates on the basis of race, origin,
ethnicity, nationality, religion, gender, occupation, sexual orientation,
illness, physical or mental disability, faith, political view or socio-
economical class; (iv) content that encourages criminal behavior or
conduct that would constitute a criminal offense under any law, or could
give rise to civil liability or other lawsuit; (v) content that is sensitive or
special personal information under applicable data privacy laws in User’s
jurisdiction; or (vi) content that might reasonably pose a risk to a person’s
safety, security or health. The above examples of unlawful and prohibited
content do not constitute an exhaustive list. In the event you see
Information on our Services that you believe violates this Agreement,
please contact us at TheZNetworkLLC@gmail.com.
5.2.9. You acknowledge that any Information you upload or share in your Profile
or otherwise on or through the Services shall be publicly available, and
that you have no expectation of privacy in such content, and that it may
be seen and used by others. IN THE EVENT YOU CHOOSE TO MAKE ANY
OF YOUR PERSONAL INFORMATION OR OTHER INFLUENCER
INFORMATION PUBLICLY AVAILABLE IN YOUR PROFILE OR OTHERWISE
ON OR THROUGH THE SERVICES, YOU DO SO AT YOUR OWN RISK.
6. Interactive Features and Forums
6.1. We may host user-generated content, reviews, promotions, profiles, blogs, social
connection features and other interactive features or services through which users
can post or upload content, including, without limitation, from Influencer to
Advertiser (each, a Forum”). Any information that you choose to share or post
through or on a Forum (“Forum Content”) may be publicly available. You agree that
you have no expectation of privacy in such Forum Content and that it may be seen
and used by others. You understand that our staff, outside contributors, or other
Users or persons connected with us may participate in Forums or other aspects of the
Services and may employ anonymous usernames when doing so. IN THE EVENT YOU
CHOOSE TO MAKE ANY OF YOUR PERSONAL INFORMATION OR OTHER FORUM
CONTENT PUBLICLY AVAILABLE ON A FORUM OR THROUGH THE SERVICES, YOU DO
SO AT YOUR OWN RISK.
6.2. Without derogating from the above, User expressly agrees that the Forum Content
that User posts or uploads shall not include (i) any spam, unsolicited promotions,
advertising, contests or raffles; (ii) content which is or may be unlawful, defamatory,
libelous, harassing, offensive, indecent, pornographic, abusive, fraudulent,
threatening or vulgar, or otherwise violates Section 3 of this Agreement; (iii) content
that unlawfully discriminates on the basis of race, origin, ethnicity, nationality,
religion, gender, occupation, sexual orientation, illness, physical or mental disability,
faith, political view or socio-economical class; (iv) content that encourages criminal
behavior or conduct that would constitute a criminal offense under any law, or could
give rise to civil liability or other lawsuit; (v) content that is or may be sensitive or
special personal information under applicable data privacy laws in User’s jurisdiction;
or (vi) content that may reasonably pose a risk to a person’s safety, security or health.
The above examples of unlawful and prohibited content do not constitute an
exhaustive list.
6.3. We do not endorse Forum Content posted in Forums, cannot guarantee the accuracy
or authenticity of such Forum Content, and are acting only as a passive conduit for
such Forum Content. Forum Content may include suggestions for uses of our or other
products or services that have not been evaluated or approved by us and we do not
recommend such uses.
6.4. WE RESERVE THE RIGHT TO REMOVE ANY FORUM CONTENT, OF ANY VARIETY, AT ANY
TIME FOR ANY REASON AT OUR SOLE DISCRETION.
6.5. Our Services and certain Forums may also allow you to make recommendations or
send Forum Content or other content to others, for example through a “share”
feature that shall send content to the email address or phone number you provide.
Only provide contact information for individuals who have told you they want to
receive such Content. By providing someone’s contact information, you represent
and warrant that they have confirmed to you that they want to receive the content.
6.6. You irrevocably acknowledge and agree that we reserve the right (but have no
obligation) to do one or all of the following, at our sole discretion: (i) evaluate Forum
Content before allowing it to be posted on the Services and/or any Forum; (ii) monitor
Forum Content and Forums; (iii) alter, remove, reject, or refuse to post or allow to be
posted, without notice to you, any Forum Content, for any reason or for no reason
whatsoever; provided, however, that we shall have no obligation or liability to you for
failure to do so or for doing so in any particular manner; and/or (d) disclose any Forum
Content, and the circumstances surrounding its transmission, to any third party in
order to operate the Services, to protect us, our Users or others, to comply with legal
obligations or governmental requests, to enforce the Terms, or for any other reason
or purpose we deem appropriate. In the event you see Forum Content on our Services
that you believe violates this Agreement, please contact us at
TheZNetworkLLC@gmail.com.
7. Descriptions, Testimonials, Opinions
7.1. Our Services may contain opinions of other Users, advertisers or other third parties.
Such information available on our Services, or accessed from the Services by
hyperlink, represent the opinions of these respective parties, which are not
necessarily those of Z Network.
7.2. Our Services may contain content with information about how to use a product or
statements about a product’s effectiveness. Some of these statements are not
written by us and do not represent our opinion. Other statements may be written by
us but are not a representation or warranty about a product or effectiveness and
should not be relied upon as such.
7.3. The Services may present you with information on marketing plans, events, charitable
causes, and the like. This is presented for informational purposes only and should not
be considered our endorsement of same. Marketing plans or other suggestions made
through an artificial intelligence (“AI”) chatbot are not those of Z network and Z
network disclaims any and all liability for the truth, accuracy or completeness of the
same or for its applicability to your particular situation.
7.4. The Services may contain a variety of “tools” for your use, such as a valuation
calculator. These are for informational purposes only and should not be relied upon
or viewed as definitive opinions.
7.5. The Services may allow you to add product reviews, opinions, or testimonials. In the
event that you add a review, we may (but are not required to) reach out with a
separate agreement to further define our rights in such content.
7.6. Descriptions and graphic representations of products on the Services are for
informational purposes only and may not completely reflect the current product or
Service. We reserve the right to change product or Service descriptions at any time,
and we are not and shall not be responsible for variations between a description and
the actual product or Service. Technological issues, such as your device settings, may
alter how a product or Description appears on the Services. Please note that
descriptions or graphic representations of Advertiser’s products or other third-party
products are not under our control and we make no representations regarding them.
7.7. WE HEREBY DISCLAIM ANY REPRESENTATION OR WARRANTY CONTAINED IN ANY
TESTIMONIAL, BLOG, DESCRIPTION, TOOL OR OPINION OR OTHER FORUM CONTENT
POSTED ON THE SERVICES TO THE MAXIMUM EXTENT ALLOWED BY LAW. CLAIMS
CONTAINED IN TESTIMONIALS, BLOGS, DESCRIPTIONS, TOOL OR OPINIONS OR
OTHER FORUM CONTENT HAVE NOT BEEN SUBSTANTIATED SCIENTIFICALLY OR BY
THE FOOD AND DRUG ADMINISTRATION. YOU UNDERSTAND THAT NONE OF OUR
SERVICES PROVIDE MEDICAL ADVICE, MAKE CLAIMS ABOUT DRUG EFFECTIVENESS,
OR DETAIL TREATMENTS FOR SPECIFIC ILLNESSES OR AILMENTS. Please review the
Disclaimer of Warranties section below for more information.
8. Third-Party Content and Links
8.1. Any information, statements, opinions, or other information provided by third parties
(including AI) and made available on our Services are those of the respective author(s)
and not us. We do not guarantee the validity, accuracy, completeness or reliability of
any opinion, advice, service, offer, statement, or other third-party content on our
Services.
8.2. We may provide on the Services, solely as a convenience to Users, links to websites,
social media pages, mobile applications or other services operated by other entities.
In the event you click these links, you shall leave our respective Site or App. In the
event you decide to visit any external link, whether provided by us or other third
parties, you do so at your own risk, and it is your responsibility to take all protective
measures to guard against viruses or other destructive elements. We do not make
any warranty or representation regarding, or endorse or otherwise sponsor, any
linked sites or the information appearing thereon or any of the products or services
described thereon. Links do not imply that we are legally authorized to use any
trademark, trade name, logo or copyright symbol displayed in or accessible through
the links or that any linked site is authorized to use any of our trademarks, logos, or
copyright symbols.
8.3. We may maintain a presence on social media websites, including Facebook, LinkedIn,
Google Plus, Twitter, YouTube, Vine, TikTok, Pinterest and Instagram, and others
(collectively, Social Media Pages”), to provide a place for people to learn more about
us and our products and to share experiences with our products and Services. When
you visit these Social Media Pages, you are no longer on our Site, but rather a website
operated by a third party. All comments, visuals and other materials posted by visitors
to our Social Media Pages do not necessarily reflect our opinions, values, or ideas. All
visitors to our Social Media Pages must comply with the respective social media
platform’s terms of use.
8.4. Our Services may allow you to download certain content, applications, software, and
other information or materials. We make no representation that such download shall
be error or malware free or fit for a particular purpose. Certain downloads may be
subject to a separate agreement either with Z Network or a third party, for example
an agreement with a mobile application store.
8.5. YOU AGREE THAT YOUR USE OF THIRD-PARTY WEBSITES, APPLICATIONS, SERVICES
AND RESOURCES, INCLUDING WITHOUT LIMITATION YOUR USE OF ANY CONTENT,
INFORMATION, DATA, ADVERTISING, PRODUCTS, OR OTHER MATERIALS ON OR
AVAILABLE THROUGH SUCH THIRD PARTIES, IS AT YOUR OWN RISK AND IS SUBJECT
TO THE TERMS AND CONDITIONS OF USE APPLICABLE TO SUCH SITES AND
RESOURCES.
9. Availability of the Platform and the Services
9.1. Z Network may have to change, suspend, or discontinue any aspect of the Services, or
any part thereof, at any time, at our sole discretion,including the availability of the
Platform. Z Network reserves the right to update and make operational modifications
to the Services at any time. These updates and operational modifications to the
Services may make access to the Services momentarily unavailable. User agrees not
to hold Z Network liable for the consequences of any interruptions and/or
suspensions.
9.2. Without derogating from the generality of the above, Z Network may impose limits
on certain features and Services or restrict User’s access to parts of or the entire
Platform, terminate or limit any use of the Platform, in the event User violates this
Agreement, or in the event Z Network otherwise objects to User’s use of the Services,
at Z Network’s sole discretion.
9.3. User acknowledges that it is informed that the Services are partially based on third
party services (interface, API, etc.) and that in the event of unavailability or
dysfunction of one of the third-party services, Services may be unavailable and Z
Network shall in no case be held responsible for any of the consequences of the same.
9.4. Z Network has no obligation to provide any type of technical or other support for the
Platform or the Services or any content related thereto, whether provided by Z
Network, by User, or by third parties. Notwithstanding the foregoing, Z Network shall
provide any support or services set forth in any SLA or other written contract between
you and us.
9.5. We may change, discontinue, or deprecate any of the Services (including the Services
as a whole) or change or remove features or functionality of the Services from time
to time at our sole discretion.
10. Mobile Applications, If Available
10.1. Our Services may include an App that you can download to your phone, tablet, or
other device via a third-party service, such as the Apple App Store, Google Play store,
or any other platform on which we may make the App available. Your use of the third-
party service may be subject to additional terms related to that service from the
service provider (each, an App Store Provider”). WE ARE NOT AND SHALL NOT BE
LIABLE IN ANY WAY FOR, AND MAKE NO REPRESENTATIONS OR WARRANTIES
RELATING TO, ANY SUCH THIRD-PARTY SERVICE OR ANY CLAIM OR DAMAGE
RESULTING FROM YOUR USE OF SUCH THIRD-PARTY SERVICE.
10.2. You acknowledge that this Agreement and your use of the App is between you and us
only, and not with any App Store Provider or its affiliates or subsidiaries. As between
us and an App Store Provider, we are solely responsible for the App and its content.
In the event anything in this Agreement conflicts with any usage rules for the App
from an App Store Provider, such terms from the App Store Provider control (only so
far as those terms conflict with this Agreement, and then exclusively for your use of
the App). All rights you have to use the App are for use only on appropriate products
(which may require branding from the App Store Provider or other entities) and are
non-transferable, except that the App may be accessed and used by other accounts
associated with the you via features like Apple’s Family Sharing (or similar features
from other App Store Providers) or volume purchasing. We are solely responsible for
providing any maintenance and support services for the App, as specified in this
Agreement or as required under applicable law. No App Store Provider has any
obligation whatsoever to furnish any maintenance and support services for the App,
nor any warranties for the same.
10.3. WE DISCLAIM ALL WARRANTIES RELATED TO ANY APP. However, in the event that
the App fails to conform to any applicable warranty that we cannot disclaim according
to applicable law, you may have the right to notify the App Store Provider, and the
App Store Provider may refund the purchase price for the App. TO THE MAXIMUM
EXTENT PERMITTED BY APPLICABLE LAW, NO APP STORE PROVIDER SHALL HAVE ANY
OTHER WARRANTY OBLIGATION WHATSOEVER WITH RESPECT TO THE APP.
10.4. We, not the App Store Provider, are responsible for addressing any claims relating to
the App, including, but not limited to: (i) product liability claims; (ii) any claim that
the App fails to conform to any applicable legal or regulatory requirement; and (iii)
claims arising under consumer protection, privacy, or similar legislation, (iv) claims
that the App infringes a third party’s intellectual property rights as well as the
investigation, defense, settlement and discharge of any such intellectual property
infringement claim. By using the App, you represent and warrant that (i) you are not
located in a country that is subject to a U.S. Government embargo, or that has been
designated by the U.S. Government as a “terrorist supporting” country; and (ii) you
are not listed on any U.S. Government list of prohibited or restricted parties. You
acknowledge and agree that the App Store Provider, and its subsidiaries, are third
party beneficiaries of this Agreement, and that, upon your acceptance of the terms
and conditions of this Agreement and your use of the App, the App Store Provider
shall have the right (and shall be deemed to have accepted the right) to enforce this
Agreement against you as a third-party beneficiary thereof.
PLATFORM TERMS
11. Engagement Between Advertiser and Influencer
11.1. General
11.1.1. The Platform allows for Advertisers to enter into an agreement with
Influencers for certain of Influencer’s services to be provided on
Influencer’s social media accounts (“Influencer Services”) in favor of a
certain product, service and/or brand of the Advertiser in accordance
with certain terms and requirements posted by the Advertiser (an
Engagement).
11.1.2. Any Engagement between Advertiser and Influencer in connection with
our Services, or otherwise, shall be subject to this Agreement.
11.1.3. USER UNDERTAKES THAT IT SHALL NOT ENTER AND/OR EXECUTE ANY
CONTRACTUAL PROVISIONS IN CONFLICT WITH THIS AGREEMENT WITH
ANY PARTY. Any contractual provision contrary to this Agreement shall
not affect Z Network’s rights hereunder and shall be void. Advertiser and
Influencer each covenant and agree to act with good faith and fair dealing
in performance of their engagement, including with respect to any
Engagement Agreements.
11.2. Engagements
11.2.1. Negotiation, Creation and Acceptance
11.2.1.1. Influencers and Advertisers may enter into communications
through the Platform to determine if they desire to enter into
an Engagement (Negotiations”).
11.2.1.2. During the Negotiations, the Influencer and Advertiser shall
set forth the terms under which they desire an Engagement
to be performed. This information shall include, at a
minimum, the monetary remuneration the Advertiser is
offering for completion of the Engagement (“Engagement
Fee”), any tasks that must be completed by the Influencer as
part of the Engagement (“Engagement Tasks”), the ending
date of the Engagement (“End Date”), and the payment
structure setting forth the amount to be paid upon
completion of which Engagement Tasks (“Payment Terms”).
The Engagement Fee, Engagement Tasks, End Date, Payment
Terms, and any other requirements set forth by the Parties
shall be referred to as the “Engagement Terms.” Advertiser
and Influencer will reach agreement on Engagement Terms
through an acceptance procedure set forth in the Services
(the Engagement Agreement”). Any obligations of the
Influencer under the Engagement Agreement will be referred
to as the “Influencer Services”.
11.2.1.3. Advertiser and Influencer undertake that Z Network shall in
no way be liable to either the Advertiser or the Influencer for
any losses and damages of any kind, which arises, or may
arise, from the Negotiations, Engagement Terms,
Engagement Agreement, breaches, or any other interactions
between the parties, including, but not limited to, the failure
to place any required or desired restrictions, disclaimers,
requirements, tasks, or other terms or provisions in its
Engagement Terms.
11.2.2. Performance
11.2.2.1. In the event that an Engagement Agreement is entered into
between an Influencer and Advertiser, each of the Influencer
and Advertiser agrees that it shall perform all obligations
therein, in accordance with the Engagement Agreement, this
Agreement and any applicable law.
11.2.2.2. Advertiser acknowledges, represents, and warrants that it is
fully responsible for ensuring that Influencers fully disclose
the endorsement by the Advertiser, and will make all other
disclosures, as may be required by applicable law in all
applicable jurisdictions, including, but not limited to the
endorsement disclosure requirements under 16 C.F.R. §
255.5, as applicable under any Engagement. USER
UNDERSTANDS AND AGREES THAT Z NETWORK EXPLICITLY
DISCLAIMS LIABILITY FOR ANY AND ALL LOSSES AND
DAMAGES OF ANY KIND ARISING OR WHICH MAY ARISE
FROM ANY FAILURE OR ALLEGED FAILURE TO COMPLY WITH
THIS PROVISION OR INFLUENCER’S FAILURE OR ALLEGED
FAILURE TO COMPLY WITH ANY APPLICABLE LAW. AND USER
IRREVOCABLY WAIVES ANY CLAIMS OF ANY NATURE IN
CONNECTION THEREWITH.
11.2.2.3. Influencer assumes all responsibility for verifying that the
Engagement materials created as part of Influencer Services
meet Advertiser’s approval, and such are subject to
Advertiser’s acceptance and approval in accordance with the
procedures for the same set forth in the Services. Influencer
shall deliver the agreed number of posts on the agreed
platforms on the agreed upon schedule on behalf of
Advertiser pursuant to the Engagement Terms.
11.2.2.4. Influencer shall become owner of all intellectual property,
including copyright, of all works produced or created by
Influencer during and for the purpose of the campaign and
Services. Influencer hereby grants to Advertiser an
unrestricted, unlimited, perpetual, non-exclusive,
transferable, royalty-free, fully-paid, worldwide right and
irrevocable license to use the intellectual property for any
purpose, including reposting, sharing and distribution, upon
final payment of Engagement Price to Influencer.
11.2.2.5. For good and valuable consideration, Influencer hereby
grants Z Network an irrevocable, perpetual, royalty-free
license to use such intellectual property for Z Network’s use,
including but not limited for case studies.
11.2.2.6. When performing the Influencer Services pursuant to an
Engagement Agreement, Influencer acknowledges,
represents and warrants that: (i) Influencer shall abide by the
Engagement Terms and Engagement Agreement; (ii)
Influencer shall not provide any content of a defamatory,
obscene, offensive, violent or violence-inciting nature in
Influencer’s social media accounts, or that is political, racist,
xenophobic or generally in any way contrary to any applicable
law; (iii) Influencer shall be liable for any violation of the
Terms and/or any applicable law; (iv) the performance of the
Influencer Services and the entering into the Engagement
Agreement by Influencer does not violate any rights of any
third party, and/or any agreement the Influencer is a party
to; (v) that Influencer shall grant Z Network an irrevocable
perpetual license to use such Influencer Services for
Z Network’s use, including but not limited for case studies;
and (vi) that Z Network shall not be liable in any way for the
Influencer Services performed by Influencer.
11.2.2.7. Influencer acknowledges that its receipt of the Engagement
Fee is contingent on full performance of the Engagement
Agreement’s Engagement Terms, including any and all
Influencer Services stipulated therein. Influencer
acknowledges that failure to perform any Engagement Task
or other requirement of the Engagement Agreement timely
may result in a rejection of the Influencer Services and no, or
partial, payment of the Engagement Fee. Influencer agrees
that Advertiser may decide whether an Engagement
Agreement has been satisfactorily performed in its sole
discretion. However, procedures may be embedded in the
Services to address Users unresponsive to completion of
Influencer Services; Z Network shall have no liability for
whether a payment is or is not paid, or whether an Advertiser
receives a refund of its good faith deposit. If there shall be a
dispute between Influencer and Advertiser as to whether a
payment has been earned, Z Network’s resolution team shall
be the final arbiter of such determination and make such
decision in its sole and absolute discretion which shall be
binding upon all parties. Advertiser acknowledges that its
initial approval of content may be considered as a factor
contributing to a determination that payment has been
earned.
11.2.3. Payment of Engagement Fees email
11.2.3.1. After an Engagement Agreement is entered into, but before
the Influencer begins performance of the Influencer Services,
Advertiser shall transfer the full price of the Engagement Fees
plus Z Network’s Service Fee (defined below) to Z Network or
its third party processing service. Upon receipt of the
Engagement Fees and Z Network’s Service Fee , Z Network
shall inform the Influencer of receipt (“Notice of Fees”), at
which time the Influencer may begin the Influencer Services.
The Influencer agrees and acknowledges that any Influencer
Services performed prior to the receipt of the Notice of Fees
may not be remunerated and is performed at the Influencer’s
sole risk.
11.2.3.2. Z Network shall hold all Engagement Fees in the third party
service provider’s account during the term of an
Engagement. Z Network shall release the funds (including its
Service Fee payable by the Advertiser and the Influence) in
accordance with the process set forth on the Platform or as
otherwise determined in Z Network’s sole and absolute
discretion.
11.3. Paid Services
11.3.1. Paid Services.
11.3.1.1. The Z Network charges certain service fees related to the use
of its Services (each, a Service Fee”). Prior to the purchase
of any products or services, or any Services that require a
Service Fee, you must provide us or our third party payment
processor with a valid credit card number and associated
payment information including all of the following: (i) your
name as it appears on the card, (ii) your credit card number,
(iii) the credit card type, (iv) the date of expiration, and (v)
any activation numbers, codes or other information
reasonably requested by Z Network. By submitting that
information to us or to our third party payment processor, as
applicable, you agree that you authorize us and/or our
processor, as applicable, to charge your card at our
convenience but within thirty (30) days of credit card
authorization. For any product or service that you order on
the Service, you agree to pay the price applicable (including
any sales taxes and surcharges) as of the time you submit the
order, unless we have agreed otherwise in writing. We shall
automatically bill your credit card or other form of payment
submitted as part of the order process for such price. In the
event you have entered into any other payment arrangement
with us, you agree to pay all incurred Fees when due pursuant
to the terms of any applicable agreement in this regard.
11.3.1.2. Some of our Services are and/or may be offered in monthly,
multi-month or yearly subscriptions, as described further
below, at the price shall automatically renew for another
term, identical to the last in length, upon the end of the then-
current term (the Renewal Date”). On each Renewal Date,
your payment method shall be automatically charged the
Monthly Subscription Charge unless you cancel the
subscription prior to the Renewal Date. By providing your
payment method information for a subscription, you are
agreeing to pay a subscription fee, that shall automatically
renew, at the then current rate, unless you cancel prior to the
expiration of the current Renewal Date, and any applicable
taxes. SUBSCRIPTIONS ARE NON-REFUNDABLE.
11.3.2. If applicable, we calculate, and bill Service Fees monthly or annually based
on the selected payment plan (unless we have a separate agreement with
you which states otherwise). You shall pay us the applicable Service Fees
for use of the applicable Services as described on the Site, App or in a
separate price list we have provided you, using one of the payment
methods we support. All amounts payable under this Agreement shall be
made without setoff or counterclaim, and without any deduction or
withholding. Fees for any new Service or new feature of a Service shall
be effective when we post updated fees on the Site or App unless we
expressly state otherwise in a notice to you. We may increase or add new
Service Fees for any existing Services by giving you at least thirty (30) days’
advance notice. You consent to our ability to change our pricing and the
details of our subscription packages through an electronic
communication to you. In the event you do not wish to accept a price or
subscription package change made by us, you may cancel your
subscription by emailing us at [INSERT EMAIL ADDRESS], otherwise you
shall be deemed to have consented to the price/subscription package
change and authorize Z Network to charge the new Service Fees to your
payment method. In the event there are any discrepancies in billing, you
hereby waive your right to dispute such discrepancies in the event you do
not notify us within sixty (60) days after they first appear on an account
statement.
11.3.2.1. In addition to our rights to suspend or terminate your use or
access to our Services described elsewhere in this
Agreement, we may suspend your User Account or right to
access or use any or all of our Services immediately in the
following events occur: (i) you are delinquent on your
payment obligations for more than seven (7) days; (ii) you
have ceased to operate in the ordinary course of business,
made an assignment for the benefit of creditors or similar
disposition of your assets, (iii) you become the subject of any
bankruptcy, reorganization, liquidation, dissolution or similar
proceeding; (iv) you or one of your office holders and/or
affiliates have been convicted in a criminal office, or (v) we
are in the opinion that you have committed, or about to
commit a material breach of this Agreement.
11.3.2.2. In the event that we suspend your right to access or use any
portion or all of the Services, you remain responsible for all
Service Fees (or Engagement Fees) you have incurred
through the date of suspension, and you remain responsible
for any applicable Service Fees for tasks completed after the
date of suspension. We shall not erase any of your Advertiser
Content, Influencer Information or other content created by
you as a result of your suspension, except as specified
elsewhere in this Agreement. YOU UNDERSTAND AND
AGREE THAT Z NETWORK SHALL NOT BEAR ANY LIABILITY
FOR ANY LOSS, DAMAGE, COST, OR EXPENSE OF ANY KIND
THAT YOU MAY SUFFER OR INCUR AS A RESULT OF OR IN
CONNECTION WITH THE SUSPENSION OF YOUR ACCOUNT OR
ACCESS TO OUR SERVICES AND YOU AGREE THAT YOU
IRREVOCABLY WAIVE ANY CLAIMS OF ANY NATURE IN
CONNECTION THEREWITH.
11.3.2.3. You hereby agree not to circumvent, avoid, bypass or obviate
Z Network to avoid payment of Service Fees, Engagement
Fees or any other form of compensation to Z Network in
connection with the Services, Influencer or other User which
has become known to you through use of the Services
outside of the Services.
11.3.2.4. All Fees payable by you are exclusive of applicable taxes and
duties, including VAT and applicable sales tax. You shall
provide us any information we reasonably request to
determine whether we are obligated to collect VAT or other
taxes from you, including your tax identification number if
needed. You shall notify us and shall pay us any additional
amounts necessary to ensure that the net amount that we
receive, after any deduction and withholding, equals the
amount we would have received in the event no deduction
or withholding had been required. You are responsible for
the payment of all taxes which may result from your
participation in our Services. You agree to fully indemnify us
in the event we are required to remit a payment to a tax
authority.
11.3.2.5. We may use a third-party payment processor to process your
payment information, including your payment card data. Be
aware that you may be subject to the third-party processor’s
terms and your information may be subject to their privacy
practices.
11.3.2.6. YOU, AND NOT Z Network, SHALL AND SHALL REMAIN AT ALL
TIMES RESPONSIBLE FOR PAYING ANY UNAUTHORIZED
AMOUNTS BILLED TO YOUR CREDIT CARD OR OTHER
ACCOUNT BY A THIRD PARTY. You agree to pay all fees and
charges incurred in connection with your purchases
(including any applicable taxes) of our Services at the rates in
effect when the charges were incurred. Unless you notify Z
Network of any discrepancies within not later than thirty (30)
days after they first appear on your credit card statement,
you agree that they shall be deemed accepted by you for all
purposes. In the event Z Network does not receive payment
from your credit card issuer or its agent, you agree to pay all
amounts due upon demand by Z Network or its agents. Sales
taxes, or other taxes, customs, import/export charges, or
similar governmental charges are not included in the price of
the products. You are responsible for paying any such taxes
or charges imposed on your purchases, including, but not
limited to, sales, use or value-added taxes. Z Network shall
automatically charge and withhold the applicable tax for
orders to be delivered to addresses within and any states or
localities that it deems is required in accordance with our
order policy in effect at the time of purchase.
11.3.2.7. Z Network Commissions. As a matter of clarification, fees and
charges referred to herein include, without limitation, the
portion of the Engagement Fee entitled to be retained by Z
Network to the extent described on the Site, from the
Influencer’s portion of the Engagement Fee and from the
funds sent to escrow by the Advertiser.
11.3.2.8. Refund Policy
11.3.2.8.1. All purchases made through the Services are
subject to our return policy in effect at the time
of purchase. Currently, Z Network’s refund
policy is to not offer any refunds for any
subscriptions or products purchased through the
Services, except in our sole and absolute
discretion.
11.3.2.8.2. If a collaboration between Influencer and
Advertiser is agreed to, there are automatic
payment triggers set forth on the Platform for
unresponsive Influencers or Advertisers. Z
Network shall have no liability for the activation
of an automatic payment trigger. In addition,
certain cancellations of engagement by an
Influencer or Advertiser will be subject to a
cancellation fee.
11.3.2.8.3. Refunds, if any, are automatically directed to the
User’s original payment method, as specified on
their "Account" page.
RIGHTS OF THE PARTIES AND OTHER TERMS
12. Our Intellectual Property Rights
12.1. The Services, and all software, documentation, information, tools, documents,
processes, methodologies, know-how, websites and any additional intellectual or
other property used by or on behalf of Z Network or otherwise related to the Services
or in connection therewith, and all copyrights, trademarks, patents, trade secrets and
any other proprietary rights inherent therein and related thereto (collectively, Z
Network Property”) shall be and remain the sole and exclusive property of Z Network.
To the extent, if any, that ownership of any Z Network Property does not
automatically vest in Z Network by virtue of this Agreement, or otherwise, User
hereby unconditionally and irrevocably transfers and assigns to Z Network, upon the
creation thereof, all rights, title and interest User may have in and to such Z Network
Property (and waives any and all moral rights, as applicable). Except for the limited
license of rights expressly set forth herein, Z Network does not grant User any right,
title, or interest in any intellectual property owned or licensed by Z Network. The
temporary provision of the Services shall not be construed as assigning any
intellectual property right whatsoever to the User.
12.2. Without derogating from the above, by submitting content to us directly or indirectly
(including through any use of third party social media platforms directed at us), you
grant to us (or warrant that the owner of such information and material has expressly
granted to us) a royalty-free, transferable, perpetual, sublicensable, irrevocable, and
unrestricted right and license: (i) to use, commercially exploit, incorporate into the
Platform and/or Services, reproduce, display, modify, adapt, publish, perform,
translate, transmit and distribute or otherwise make available to others such content
(in whole or in part and for any purpose) worldwide; (ii) to incorporate such content
in other works in any form, media, product, service or technology now known or
hereafter developed for any purpose, including sale, manufacture or advertising (and
to exercise all intellectual property rights associated with such products or other
works); and (c) to use your name, screen name, location, photograph, avatar, image,
voice, likeness and biographical information provided in connection with the content
in any and all media and for advertising or promotional purposes. You also hereby
grant each user of the Services a non-exclusive license to access your content through
a Services, and to tag, rate, review, comment on, use, reproduce, distribute, display
and perform such content as permitted through the functionality of the Services and
under this Agreement. Additionally, you irrevocably waive any “moral rights” or other
rights with respect to attribution of authorship or integrity of your content that you
may have under any applicable law or legal theory. Notwithstanding the foregoing,
please note that any personally identifiable information you submit to us through our
“contact us” forms, product order pages, job application portals or other forms that
are intended to be confidential will be handled in accordance with our Privacy Policy
and will not be publicly disclosed, except as described in our Privacy Policy or
otherwise approved by you.
12.3. The User may in no case make the Services available to any third party and is strictly
prohibited from any other use, including but not limited to any adaptation,
modification, translation, arrangement, distribution, decompilation, or reproducing
any element of the Platform and the Services, or any documentation related thereto.
13. Copyright Infringement
13.1. It is our policy to expeditiously respond to notices of alleged copyright infringement
that comply with the United States Digital Millennium Copyright Act (“DMCA”). This
section describes the information that should be present in these notices and the take
down procedure we follow with respect to allegedly infringing material. In the event
we receive proper notification of claimed copyright infringement, our response to
these notices may include removing or disabling access to the allegedly infringing
material and/or terminating or suspending users. In the event we remove or disable
access in response to such a notice, we shall make a good-faith attempt to contact the
provider of the allegedly infringing content so that they may make a counter
notification pursuant to the DMCA. It is our policy to accommodate and not interfere
with standard technical measures used by copyright owners to identify or protect
their copyrighted works that we determine are reasonable under the circumstances.
13.2. In the event you believe that any content on a Site infringes upon any copyright which
you own or control, you may send a written notification to our designated copyright
agent (the “Designated Agent“), identified below, with the following information:
13.2.1. A description of the copyrighted work or other intellectual property that
you claim has been infringed, with sufficient detail so that we can identify
the alleged infringing material;
13.2.2. The URL or other specific location on the Site that contains the alleged
infringing material described in (a) above, with reasonably sufficient
information to enable us to locate the alleged infringing material;
13.2.3. Your name, mailing address, telephone number and email address;
13.2.4. The electronic or physical signature of the owner of the copyright or a
person authorized to act on the owner’s behalf;
13.2.5. A statement by you that you have a good faith belief that the disputed
use is not authorized by the copyright owner, its agent, or the law; and
13.2.6. A statement by you that the information contained in your notice is
accurate and that you attest under penalty of perjury that you are the
copyright owner or that you are authorized to act on the copyright
owner’s behalf.
13.3. Our Designated Agent is:
Jonathan Bailey
CopyByte
3157 Gentilly Blvd Suite # 2254
New Orleans, LA 70122
Phone: 1-504-356-4555
Email: umaps-dmca@copybyte.com
13.4. To notify the provider of the allegedly infringing material to which we have removed
or disabled access, we may forward a copy of your infringement notice, including your
name and email address to the provider of the allegedly infringing material.
13.5. We may terminate Users who, in our sole discretion, are deemed to be repeat
infringers. Knowingly misrepresenting in a notification that material is infringing can
subject you to damages, including costs and attorneys’ fees, incurred by us or the
alleged infringer. In the event you receive an infringement notification from us, you
may file a counter notification pursuant with our Designated Agent pursuant to the
DMCA. To file a counter notification, please provide our Designated Agent with the
following information:
13.5.1. 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 was disabled;
13.5.2. Your name, mailing address, telephone number and email address;
13.5.3. The following statement: “I consent to the jurisdiction of the courts in
Broward County, Florida”;
13.5.4. The following statement: “I shall accept service of process from [insert
the name of the person who submitted the infringement notification] or
his/her agent”;
13.5.5. The following statement: “I swear, under penalty of perjury, that I have
a good faith belief that the affected material was removed or disabled as
a result of a mistake or misidentification of the material to be removed or
disabled”; and
13.5.6. Your signature, in physical or electronic form.
13.6. Upon receipt of valid counter notification, we shall promptly provide the person who
provided the original infringement notification with a copy of your counter
notification and inform that person that we shall replace the removed material or
cease disabling access to it in ten (10) business days. Further, we shall replace the
removed material and cease disabling access to it not less than ten (10), nor more
than fourteen (14), business days following receipt of your counter notice, unless
Designated Agent first receives notice from the person who submitted the original
infringement notification that such person has filed an action seeking a court order to
restrain you from engaging in infringing activity relating to the material on the Site.
14. Term and Termination
14.1. This Agreement is in effect until terminated by you or us, in connection with the
provisions of this Section 14.
14.2. User may cancel its access to the Services at any time by providing Z Network with a
fourteen (14) days’ prior written notice of termination, which shall include your
detailed contact information and any User Account information or other Site
credentials, to us using the information in the Contact Us section, and deleting all data
collected from the Services (the Z Network Data”) in User’s possession or control. It
is hereby clarified that you shall remain responsible for all Fees you have incurred
through the date of termination.
14.3. In its sole discretion the Z Network may terminate this Agreement or any of the
Services at any time by providing you with a fourteen (14) days prior written notice.
Notwithstanding the foregoing, you acknowledge and agree that Z Network has the
right to terminate your access to the Platform and/or the Services immediately in the
event you do not comply with this Agreement, are engaged in any activity that may
expose Z Network to risk or liability of any kind, or in the event Z Network otherwise
objects to your use of the Platform, at Z Network’s sole discretion.
14.4. Z Network may terminate this Agreement by notifying you using any contact
information we have about you or by posting such termination on the Services,
including in your User Account, Influencer Inbox or Advertiser Inbox.
14.5. For any notification we make to you under this Agreement, you agree that we may
contact you by notifying you using any contact information we have about you or by
posting such notification on the Services, including in your User Account, Influencer
Inbox or Advertiser Inbox, and notification shall be deemed received upon such
posting of notification or sending of an email. Unless stated otherwise in this
Agreement, any notice required to be sent to us must be sent to the email or physical
address listed in the Contact Us Section. All notifications made under this Section
shall comply with our Privacy Policy.
14.6. USER AGREES THAT Z Network SHALL NOT BE LIABLE TO USER OR ANY THIRD PARTY
FOR ANY COSTS, LIABILITIES, LOSSES, EXPENSES, OR DAMAGES OF ANY KIND THAT
MAY RESULT FROM (I) TERMINATION OF THIS AGREEMENT FOR ANY REASON, OR (II)
USER’S ACCESS OR LACK OF ACCESS TO THE PLATFORM AND/OR THE SERVICES.
14.7. The following Sections of this Agreement shall survive any expiration or termination
of this Agreement: 4, 12, 14.5, 14.6, 14.7, 14.8, 14.9, 14.10, 14.11, 16-23, and any
other provisions or Sections that should by its nature survive.
14.8. Upon any expiration or termination of this Agreement, User shall promptly cease
using the Services, and shall immediately return, or in the event instructed by us,
destroy all Z Network Property or Z Network data in User’s possession.
14.9. Any termination of this Agreement shall not affect the validity of any agreement(s)
between Influencers and Advertisers. Neither Influencer nor Advertiser shall be
relieved of its obligations in accordance with an Engagement Agreement.
14.10. You agree that in the event your use of a Service is terminated pursuant to this
Agreement, you shall not attempt to use that Service under any name, real or
assumed, and further agree that in the event you violate this restriction after being
terminated, you shall indemnify and hold us harmless from any and all liability that
we may incur therefore. Your use of a Service after termination shall be a violation of
this Section, which survives any termination.
14.11. Even after the termination of this Agreement or of your User Account or access to
Service, any Influencer Information or Forum Content you have posted or submitted
may remain on a Service indefinitely.
Children. Our Sites are not designed to appeal to minors, and we do not knowingly attempt
to solicit or receive any information from children under eighteen (18). YOU MUST BE AT
LEAST EIGHTEEN (18) YEARS OF AGE TO ACCESS AND USE OUR SERVICES.
16. Relationship of the Parties
16.1. This Agreement and any registration for or use of the Platform and/or the Services by
any User, shall not be construed as creating or implying any relationship of
employment, agency, franchise, partnership or joint venture between User and the Z
Network.
16.2. Z Network is not a party to any engagement or dealing made by and between any
Advertiser and Influencer, including but not limited to an Engagement Agreement.
16.2.1. Z Network is not and shall not be liable for (i) any act or omission made
by either Advertiser or Influencer; (ii) the fulfillment of either Advertiser’s
and Influencer’s obligations under such an agreement; (iii) any of the
representations made by either Advertiser or Influencer.
16.2.2. Z Network has no control over the quality, safety, morality, or legality of
any aspect of the Influencer Services and/or any Engagement, the truth
or accuracy of the Engagement Terms, or the ability of Advertiser to pay
for Influencer Services and/or Payment Terms.
16.2.3. Z Network does not pre-screen Users or any content or information
provided by Users or other parties. Z Network cannot guarantee the true
identity, age, nationality, or other features disclosed in an Influencer
Profile or by the Advertiser.
16.3. User acknowledges and agrees that (i) the value, reputation, and goodwill of the
Platform and the Services depend on its performance of its covenants and
agreements; and that (ii) Z Network has the right to take any action with respect to
their personal accounts, including without limitation, termination or any other legal
actions, as Z Network in its sole discretion deems necessary to protect the value,
reputation, and goodwill of the Platform and the Services.
17. Confidentiality.
Z Network Confidential Information. All data or information to which User has gained
access to or shall gain access to (including, but not limited to Z Network Data or Z
Network Property) or shall be disclosed by Z Network, either directly or indirectly, in
writing, orally, by any kind of media, or by inspection of tangible objects, is the Z
Network Confidential Information of Z Network and proprietary to Z Network,
unless User can demonstrate that such data: (i) was already known to User, other
than under an obligation of confidentiality, at the time of disclosure; (ii) was generally
available in the public domain at the time of disclosure to User; (iii) became generally
available in the public domain after disclosure other than through User’s act or
omission; (iv) was subsequently lawfully disclosed to User by a third party without any
obligation of confidentiality; or (v) was independently developed by User without use
of or reference to any information or materials disclosed by Z Network, as can be
proved by User. User may use this Z Network Confidential Information only as
expressly permitted hereunder and User may not share the Z Network Confidential
Information with any third party other than as required by a court, a regulator or
otherwise under applicable laws. We may immediately terminate your User Account
and pursue any and all actions, rights and remedies available to us under applicable
law in the event we believe you have breached this provision.
Advertiser Confidential Information. All data or information that User gains access
to, shall gain access to, or shall be disclosed to User, either directly or indirectly, in
writing, orally, by any kind of media, or by inspection of tangible objects, through the
Services by an Advertiser, including Advertiser Content, is the Advertiser
Confidential Informationof said Advertiser unless User can demonstrate that such
data: (i) was already known to User, other than under an obligation of confidentiality,
at the time of disclosure; (ii) was generally available in the public domain at the time
of disclosure to User; (iii) became generally available in the public domain after
disclosure other than through User’s act or omission; (iv) was subsequently lawfully
disclosed to User by a third party without any obligation of confidentiality; or (v) was
independently developed by User without use of or reference to any information or
materials disclosed by Advertiser, as can be proved by User. User may use this
Advertiser Confidential Information only as expressly permitted hereunder and in the
Engagement Agreement and User may not share the Advertiser Confidential
Information with any third party other than as required by a court, a regulator or
otherwise under applicable laws. We may immediately terminate your User Account
and pursue any and all actions, rights and remedies available to us under applicable
law in the event we believe you have breached this provision.
18. Disclaimer of Warranties
18.1. THE SERVICES, INCLUDING BUT NOT LIMITED TO THE PLATFORM, ARE PROVIDED “AS
IS” AND AS AVAILABLE” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR
IMPLIED, INCLUDING WITHOUT LIMITATION ANY WARRANTIES OF
MERCHANTABILITY, ACCURACY, FITNESS FOR A PARTICULAR PURPOSE, TITLE OR
NON-INFRINGEMENT, AND Z Network EXPRESSLY DISCLAIMS ALL WARRANTIES AND
CONDITIONS OF ANY KIND, EXPRESS OR IMPLIED, TO THE EXTENT ALLOWED BY
APPLICABLE LAW. USER’S USE OF THE PLATFORM AND/OR THE SERVICES IS AT THE
USER’S SOLE DISCRETION AND RISK, AND THE USER SHALL BE SOLELY RESPONSIBLE
FOR ANY DAMAGE OF ANY KIND THAT MAY ARISE FROM SUCH USE. Z Network MAKES
NO WARRANTY OR GUARANTEE THAT USER’S USE SHALL BE UNINTERRUPTED, TIMELY
OR ERROR FREE, OR THAT ANY ERRORS IN THE PLATFORM SHALL BE CORRECTED.
19. Indemnity
19.1. User shall defend, indemnify and hold harmless Z Network, its affiliates and each of
their respective officers, directors, employees, agents, shareholders, successors,
assigns, and contractors from and against any and all claims, suits, losses, damages
(actual or consequential), liabilities, costs, fees and expenses (including, without
limitation, reasonable attorneys’ fees) arising out of or related to (i) third party claim
with respect to the User’s use of the Services, including, but not limited to, and claim
that User’s use of the Services infringe the intellectual property or other rights of a
third party; and/or (ii) User’s acts or omissions under the Terms; and/or (iii) User’s
breach of any representation, warranty, obligation or covenant under the Terms;
and/or (iv) User’s gross negligence or willful misconduct; and/or (v) User’s access to
or use of the Platform and/or the Services. We reserve the right, at your expense, to
assume the exclusive defense and control of any matter for which you are required to
indemnify us, and you agree to cooperate with our defense of these claims. We shall
use reasonable efforts to notify you of any such claim, action, or proceeding upon
becoming aware of it.
20. Limitation of Liability
20.1. Z NETWORK SHALL HAVE NO LIABILITY WITH RESPECT TO THE TERMS, THE SERVICES,
INCLUDING, BUT NOT LIMITED TO, THE PLATFORM, THE INFLUENCER FOLLOWER
ANALYSIS, INFLUENCER SERVICES, CAMPAIGNS, BIDS, OR THE PROFILE, OR
OTHERWISE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR
EXEMPLARY DAMAGES, INCLUDING DAMAGES FOR LOSSES OF PROFITS, GOODWILL,
USE, DATA OR OTHER INTANGIBLE LOSSES RESULTING IN ANY WAY FROM THE TERMS,
THE PLATFORM, THE SERVICES, THE INFLUENCER FOLLOWER ANALYSIS OR
VALUATION ANALYSIS, THE PROFILE, ANY MARKETING PLAN OR STRATEGY, EVEN IN
THE EVENT Z NETWORK HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
20.2. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN
DAMAGES, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
20.3. WITHOUT DEROGATING FROM THE ABOVE, Z NETWORK’S AGGREGATE LIABILITY TO
USER OR TO ANY THIRD PARTY, IN CONNECTION WITH THE ENGAGEMENT BETWEEN
THE PARTIES, FOR ANY REASON, SHALL BE LIMITED TO US $1,000 (ONE THOUSAND
US DOLLARS). THIS LIMITATION APPLIES TO ALL CAUSES OF ACTION IN THE
AGGREGATE, INCLUDING BREACH OF CONTRACT, BREACH OF WARRANTY,
NEGLIGENCE, STRICT LIABILITY, MISREPRESENTATIONS, AND OTHER TORTS. NO
ACTION ARISING UNDER OR RELATING TO THIS AGREEMENT, MAY BE BROUGHT BY
EITHER PARTY MORE THAN SIX (6) MONTH AFTER THE CAUSE OF ACTION HAS
ACCRUED AND IN ANY EVENT NO LATER THAN THREE (3) MONTHS AFTER THE
TERMINATION OF THIS AGREEMENT.
21. Disputes, Binding Arbitration and Class Action Waiver
21.1. PLEASE READ THIS SECTION CAREFULLY IT MAY SIGNIFICANTLY AFFECT YOUR
LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT.
21.2. ARBITRATION USES A NEUTRAL ARBITRATOR INSTEAD OF A JUDGE OR JURY, ALLOWS
FOR MORE LIMITED DISCOVERY THAN IN COURT, AND IS SUBJECT TO VERY LIMITED
REVIEW BY COURTS. YOU MAY CHOOSE TO BE REPRESENTED BY A LAWYER IN
ARBITRATION OR PROCEED WITHOUT ONE. THIS ARBITRATION PROVISION SHALL
SURVIVE TERMINATION OF THIS AGREEMENT. IF, HOWEVER, EITHER THE CLASS
ACTION WAIVER OR COORDINATED CLAIMS PROVISION BELOW ARE FOUND INVALID,
THEN THE SPECIFIC INVALID PROVISION WILL BE UNENFORCEABLE AND WILL BE
SEVERED AND THE REMAINDER OF THE ARBITRATION PROVISIONS WILL REMAIN IN
FULL FORCE.
21.3. This Agreement shall be governed by, construed and enforced in accordance with the
laws of the State of Florida, without regard to its conflicts of law principles or
provisions. The parties specifically exclude from application to this Agreement the
United Nations Convention on Contracts for the International Sale of Goods and the
Uniform Computer Information Transactions Act. Any dispute, claim or controversy
arising out of or relating to this Agreement, other agreements related to the Services,
the Privacy Policy, or the breach, termination, enforcement, interpretation or validity
thereof, including the determination of the scope or applicability of this agreement to
arbitrate, arising out of or in connection with this Agreement shall be exclusively
settled by binding arbitration under the Rules of Arbitration of the International
Chamber of Commerce (the ICC Rules”) by one arbitrator appointed in accordance
with the ICC Rules (the “Arbitrator”). The arbitration shall take place in Israel and shall
be conducted in the English Language. The arbitration proceedings shall be conducted
on an expedited basis and shall result in an award within no more than sixty (60) days.
The arbitration shall be conducted on a confidential basis. The award of the Arbitrator
shall be final and binding on the parties. Nothing contained herein shall prevent either
party from applying to any court of law in order to obtain temporary injunctions and
equitable relief, or any equivalent temporary remedy, against the other Party, in order
to restrain the breach of any restrictive covenants pursuant to this Agreement. The
arbitration award shall be enforceable in any court of competent jurisdiction. Any
motion to enforce or vacate an arbitration award under this agreement shall be kept
confidential to the maximum extent possible.
No Class Actions. YOU AND WE AGREE THAT EACH MAY BRING CLAIMS AGAINST THE
OTHER ONLY IN YOUR OR OUR INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR
CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING.
Further, unless both you and we agree otherwise in writing, the arbitrator may not
consolidate more than one person’s claims with your claims and may not otherwise
preside over any form of a representative or class proceeding. In the event this
specific provision is found to be unenforceable, then the entirety of this arbitration
provision shall be null and void. The arbitrator may award declaratory or injunctive
relief only in favor of the individual party seeking relief and only to the extent
necessary to provide relief warranted by that party’s individual claim.
Seeking Arbitration. In the event you elect to seek arbitration or file a small claim
court action, you must first send to us, by certified mail, a written notice of your claim
(“Notice”). The Notice to us must be addressed to: Z Network LLC., 501 E. Las Olas
Blvd., Suite 300, Fort Lauderdale, Florida 33301. In the event we initiate arbitration,
we shall send a written Notice to an email address you have previously provided to
us, if available. We may also use any other means to contact you, including a message
in your Influencer Inbox or Advertiser Inbox. A Notice, whether sent by you or by us,
must (a) describe the nature and basis of the claim or dispute; and (b) set forth the
specific relief sought (“Demand”). In the event you and we do not reach an
agreement to resolve the claim within thirty (30) days after the Notice is received, you
or we may commence an arbitration proceeding or file a claim in small claims court.
Arbitration forms can be downloaded from www.jamsadr.com. In the event you are
required to pay a filing fee, after we receive Notice that you have commenced
arbitration, we shall promptly reimburse you for your payment of the filing fee, unless
your claim is for greater than US$10,000 or the arbitrator determines the claims are
frivolous, in which event you shall be responsible for filing fees.
Coordinated Proceedings. If twenty-five (25) or more individuals initiate Notices of
dispute with us raising similar claims, and counsel for the individuals bringing the
claims are the same or are coordinated for these individuals (“Coordinated Claims”),
the claims shall proceed in arbitration in a coordinated proceeding. Counsel for the
individuals and our counsel shall each select five cases to proceed first in arbitration
in a bellwether proceeding (“Test Cases”). The remaining cases shall not be filed in
arbitration until the first ten have been resolved. If the parties are unable to resolve
the remaining cases after the conclusion of the Test Cases, each side may select
another five cases to proceed to arbitration for a second bellwether proceeding. This
process may continue until the parties have determined an objective methodology to
make an offer to resolve each and every outstanding claim. A court will have authority
to enforce this clause and, if necessary, to enjoin the mass filing of arbitration
demands against us. Individuals bringing Coordinated Claims shall be responsible for
up to US $250 of their filing fees or the maximum permissible under the applicable
arbitration rules. All applicable statutes of limitations and defenses based upon the
passage of time will be tolled while the Coordinated Proceedings specified in this
Section are pending. We will take such action, if any, required to effectuate such
tolling.
21.7. Hearing. If your claim is for US $10,000 or less, we agree that you may choose whether
the arbitration will be conducted solely on the basis of documents submitted to the
arbitrator, through a telephonic or video hearing, or by an in-person hearing as
established by the JAMS Rules. If your claim exceeds US $10,000, the right to a hearing
will be determined by the JAMS Rules. In the event that the arbitration will be
conducted solely on the basis of submitted documents, the arbitrator’s decision and
award will be made and delivered within six (6) months of the selection of the
arbitrator, unless extended by the arbitrator. Except as expressly set forth herein, the
payment of all filing, administration and arbitrator fees will be governed by the JAMS
Rules.
22. Injunctive Relief. Notwithstanding the foregoing, you and we both agree that you or we may
sue in court to enjoin infringement or other misuse of intellectual property rights or in other
scenarios where injunctive relief is appropriate. In the event a court or arbitrator having
jurisdiction finds any portion of this Agreement unenforceable, that portion shall not be
effective, and the remainder of the Terms shall remain effective. No waiver, express or
implied, by either party of any breach of or default under this Agreement shall constitute a
continuing waiver of such breach or default or be deemed to be a waiver of any preceding or
subsequent breach or default.Confidentiality. The parties shall maintain the confidential
nature of the arbitration proceeding and the award, including the hearing, except as may be
necessary to prepare for or conduct the arbitration hearing on the merits, or except as may
be necessary in connection with a court application for a preliminary remedy, a judicial
challenge to an award or its enforcement, or unless otherwise required by law or judicial
decision.Governing Law and Rules. The rights of the parties hereunder shall be governed by
and construed in accordance with the laws of the State of Florida, exclusive of conflict or
choice of law rules, as set forth in Section 21. In any arbitration arising out of or related to
this Agreement, the arbitrator is not empowered to award punitive or exemplary damages,
except where permitted by statute, and the parties waive any right to recover any such
damages. In any arbitration arising out of or related to this Agreement, the arbitrator may
not award any incidental, indirect or consequential damages, including damages for lost
profits.Severance of Arbitration Agreement. If the clauses concerning and describing the
procedures and obligations related to Coordinated Claims and Test Case procedures is or
becomes invalid or unenforceable, then the remaining entire arbitration agreement and any
clauses concerning, relating to, specifying or otherwise describing the arbitration agreement
shall be severed from this Agreement. However, any duty of confidentiality whether or not
such duty is connected with arbitration shall survive such severance.
23. Jurisdiction Specific Terms Users
23.1. The Services may only be available in the territory to which that Service is directed
and may not be available in your country. WE MAKE NO REPRESENTATION THAT THE
SERVICES, OR THE INFORMATION AND MATERIALS ON ANY SITE, APP, AND/OR
SERVICE, INCLUDING WITHOUT LIMITATION THE INFORMATION AND OTHER
MATERIALS PROMOTING THE SERVICES, ARE APPROPRIATE OR AVAILABLE FOR USE
IN LOCATIONS OTHER THAN THE UNITED STATES. Those who choose to access or use
a Service do so on their own initiative and at their own risk, and are responsible for
complying with all local statutes, orders, regulations, rules, and other laws.
23.2. Despite the above, as a consumer you shall benefit from any mandatory provisions of
the law of the country in which you are a resident. Nothing in this Agreement affects
your rights as a consumer to rely on such mandatory provisions of local law. The local
law of your jurisdiction may entitle you to have a dispute relating to this Agreement
heard by your local courts. This Agreement does not limit any such rights that you
have that apply. HOWEVER, BY ENTERING INTO THIS AGREEMENT, WE DO NOT
CONSENT TO THE JURISDICTION OF ANY COURTS OTHER THAN THOSE REFERENCED
IN THIS AGREEMENT AND RESERVE THE RIGHT TO CONTEST THAT IT IS NOT SUBJECT
TO THE JURISDICTION OF ANY OTHER COURT. We may limit a Services availability, in
whole or in part, to any person, geographic area or jurisdiction we choose, at any time
and in our sole discretion.
23.3. This Agreement, as well as all other documents related to it, including notices and
correspondence, shall be in the English language only, or, in the event we choose to
provide it in another language from time to time, the English language shall control
and override any other language version in the instance of any conflict between the
two.
New Jersey Residents.
22.4.1. In the event you are a consumer residing in New Jersey, the following
provisions of this Agreement do not apply to you (and do not limit any
rights that you may have) to the extent that they are unenforceable under
New Jersey law: (a) Disclaimer of Warranty; (b) Limitation of Liability;
(c) Indemnity; and (d) Disputes, the Arbitration and Class Action Waiver
and the governing law provisions (solely to the extent that your rights as
a consumer residing in New Jersey are required to be governed by New
Jersey law). According to N.J.S.A. 56:12-16, you may have additional
rights in the event you are a New Jersey resident and other provisions of
this Agreement are found to violate an established legal right.
22.5. California Residents.
22.5.1. Under California Civil Code Section 1789.3, California users are entitled to
the following consumer rights notice: California residents may reach the
Complaint Assistance Unit of the Division of Consumer Services of the
California Department of Consumer Affairs by mail at 1625 North Market
Blvd., Sacramento, CA 95834, or by telephone at (916) 445-1254 or (800)
952-5210.
22.5.2. If you are a California resident, you agree to consciously waive all claims,
both known and unknown that may be later discovered and expressly
forgo and waive all protections as by California Civil Code Section 1542,
which states, [a] general release does not extend to claims that the
creditor or releasing party does not know or suspect to exist in his or her
favor at the time of executing the release and that, if known by him or
her, would have materially affected his or her settlement with the debtor
or released party.” By using this Site, you agree that these California Civil
Code Section 1542 protections no longer apply to you.
23. Other Important Legal Terms
Entire Agreement. This Agreement, together with any written contract previously or
subsequently entered into between User and Z Network, except for previous Terms
of Use, constitutes the entire agreement between Z Network and User and
supersedes any prior Terms of Use between Z Network and the User. This Agreement
may not be modified, and no agreement varying, amending or deleting from this
Agreement shall be effective, except by a signed writing between the parties.
Assignment. This Agreement and the rights and obligations hereunder may not be
assigned or delegated by User without the prior written consent of Z Network, which
may be withheld at the sole discretion of Z Network. Z Network may assign this
Agreement.
Waiver. The failure of Z Network to exercise or enforce any right or provision of this
Agreement shall not constitute a waiver of such right or provision.
Headings. Any headings or other Section names are for convenience only and shall
not affect the meanings of any provisions herein.
Severability. In the event any provision of this Agreement is found by a court of
competent jurisdiction to be invalid or unenforceable, then it shall be replaced in
interpretation by a valid and enforceable term that most closely aligns with the intent
of the original provision. In the event that is not possible, the provision shall be
removed, and the rest of the Terms shall be enforceable.
Injunctive Relief. The User acknowledges that User’s breach of this Agreement may
cause Z Network irreparable harm. Thus, the User agrees that, in addition to any other
rights or remedies available under applicable law, Z Network shall have the right to
immediate injunctive relief in the event of any such breach.
24. Contacting Us
24.1. In the event you have questions about this Agreement, please contact us at
TheZNetworkLLC@gmail.com, or by writing to us at: The Z Network, LLC, 501 E. Las
Olas Blvd., Suite 300, Fort Lauderdale, Florida 33301.