Terms of Service
These Terms of Service (“Terms”) govern your access to and use of our Services, including website, related apps published on the Android and iOS mobile app bearing the same name (the “App”) are collectively referred to as the Zersey Platform that link to these Terms (collectively, the “Services”), and any information, text, graphics, photos or other materials uploaded, downloaded or appearing on the Services (collectively referred to as “Content”). Your access to and use of the Services are conditioned on your acceptance of and compliance with these Terms. By accessing or using the Services you agree to be bound by these Terms.
- Basic Terms
You are responsible for your use of the Services, for any Content you post to the Services, and for any consequences thereof. Most Content you submit, post, or display through the Zersey Services is public by default and will be able to be viewed by other users and through third party services and websites. You should only provide Content that you are comfortable sharing with others under these Terms.
You may use the Services only if you can form a binding contract with Zersey and are not a person barred from receiving services under the laws of the India or other applicable jurisdiction. If you are accepting these Terms and using the Services on behalf of a company, organization, government, or other legal entity, you represent and warrant that you are authorized to do so. You may use the Services only in compliance with these Terms and all applicable local, state, national, and international laws, rules and regulations.
The Services that Zersey provides are always evolving and the form and nature of the Services that Zersey provides may change from time to time without prior notice to you. In addition, Zersey may stop (permanently or temporarily) providing the Services (or any features within the Services) to you or to users generally and may not be able to provide you with prior notice. We also retain the right to create limits on use and storage at our sole discretion at any time without prior notice to you.
The Services may include advertisements, which may be targeted to the Content or information on the Services, queries made through the Services, or any other information. The types and extent of advertising by Zersey on the Services are subject to change. In consideration for Zersey granting you access to and use of the Services, you agree that Zersey and its third party providers and partners may place such advertising on the Services or in connection with the display of Content or information from the Services whether submitted by you or others.
By creating an account and using the Service, you represent and warrant that:
- You can form a binding contract with Zersey.
- You are not a person who is barred from using the Service under the laws of India or any other applicable jurisdiction or face any other similar prohibition.
- You will comply with this Agreement and all applicable local, state, national and international laws, rules and regulations.
- You have never been convicted of or pled no contest to a felony, a sex crime, or any crime involving violence, and that you are not required to register as a sex offender with any state, federal or local sex offender registry.
- Your Account
You are responsible for maintaining the confidentiality of your login credentials you use to sign up for Zersey, and you are solely responsible for all activities that occur under those credentials. If you think someone has gained access to your account, please immediately contact email@example.com. We encourage you to use “strong” passwords (passwords that use a combination of upper and lower case letters, numbers and symbols) with your account. Zersey cannot and will not be liable for any loss or damage arising from your failure to comply with the above.
- Content on the Services
All Content, whether publicly posted or privately transmitted, is the sole responsibility of the person who originated such Content. We may not monitor or control the Content posted via the Services and, we cannot take responsibility for such Content. Any use or reliance on any Content or materials posted via the Services or obtained by you through the Services is at your own risk.
We do not endorse, support, represent or guarantee the completeness, truthfulness, accuracy, or reliability of any Content or communications posted via the Services or endorse any opinions expressed via the Services. You understand that by using the Services, you may be exposed to Content that might be offensive, harmful, inaccurate or otherwise inappropriate, or in some cases, postings that have been mislabeled or are otherwise deceptive. Under no circumstances will Zersey be liable in any way for any Content, including, but not limited to, any errors or omissions in any Content, or any loss or damage of any kind incurred as a result of the use of any Content posted, emailed, transmitted or otherwise made available via the Services or broadcast elsewhere.
- Your Rights
You retain your rights to any Content you submit, post or display on or through the Services. By submitting, posting or displaying Content on or through the Services, you grant us a worldwide, non-exclusive, royalty-free license (with the right to sublicense) to use, copy, reproduce, process, adapt, modify, publish, transmit, display and distribute such Content in any and all media or distribution methods (now known or later developed).
You agree that this license includes the right for Zersey to provide, promote, and improve the Services and to make Content submitted to or through the Services available to other companies, organizations or individuals who partner with Zersey for the syndication, broadcast, distribution or publication of such Content on other media and services, subject to our terms and conditions for such Content use.
We may modify or adapt your Content in order to transmit, display or distribute it over computer networks and in various media and/or make changes to your Content as are necessary to conform and adapt that Content to any requirements or limitations of any networks, devices, services or media.
You are responsible for your use of the Services, for any Content you provide, and for any consequences thereof, including the use of your Content by other users and our third party partners. You understand that your Content may be syndicated, broadcast, distributed, or published by our partners and if you do not have the right to submit Content for such use, it may subject you to liability. Zersey will not be responsible or liable for any use of your Content by Zersey in accordance with these Terms. You represent and warrant that you have all the rights, power and authority necessary to grant the rights granted herein to any Content that you submit.
- Your License To Use the Services
Zersey gives you a personal, worldwide, royalty-free, non-assignable and non-exclusive license to use the software that is provided to you by Zersey as part of the Services. This license is for the sole purpose of enabling you to use and enjoy the benefit of the Services as provided by Zersey, in the manner permitted by these Terms.
- Zersey Rights
All right, title, and interest in and to the Services (excluding Content provided by users) are and will remain the exclusive property of Zersey and its licensors. The Services are protected by copyright, trademark, and other laws of both India and foreign countries. Nothing in the Terms gives you a right to use the Zersey name or any of the Zersey trademarks, logos, domain names, and other distinctive brand features. Any feedback, comments, or suggestions you may provide regarding Zersey, or the Services is entirely voluntary and we will be free to use such feedback, comments or suggestions as we see fit and without any obligation to you.
- Restrictions on Content and Use of the Services
Please review the Zersey Content Policy (which is a part of these Terms) to better understand what is prohibited on the Zersey Services. We reserve the right at all times (but will not have an obligation) to remove or refuse to distribute any Content on the Services, to suspend or terminate users, and to reclaim usernames without liability to you. We also reserve the right to access, read, preserve, and disclose any information as we reasonably believe is necessary to:
- Satisfy any applicable law, regulation, legal process or governmental request,
- Enforce the Terms, including investigation of potential violations hereof,
- Detect, prevent, or otherwise address fraud, security or technical issues,
- Respond to user support requests,
- Protect the rights, property or safety of Zersey, its users and the public.
You may not do any of the following while accessing or using the Services:
- Access, tamper with, or use non-public areas of the Services, Zersey’s computer systems, or the technical delivery systems of Zersey’s providers;
- Probe, scan, or test the vulnerability of any system or network or breach or circumvent any security or authentication measures;
- Access or search or attempt to access or search the Services by any means (automated or otherwise) and scraping the Services without the prior consent of Zersey is expressly prohibited);
- Forge any TCP/IP packet header or any part of the header information in any email or posting, or in any way use the Services to send altered, deceptive or false source-identifying information;
- Interfere with, or disrupt, (or attempt to do so), the access of any user, host or network, including, without limitation, sending a virus, overloading, flooding, spamming, mail-bombing the Services, or by scripting the creation of Content in such a manner as to interfere with or create an undue burden on the Services.
- Copyright Policy
Zersey respects the intellectual property rights of others and expects users of the Services to do the same. We will respond to notices of alleged copyright infringement that comply with applicable law and are properly provided to us.
If you believe that your work has been copied and posted on the Service in a way that constitutes copyright infringement, please provide our Copyright Agent with the following information:
- An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest
- A description of the copyrighted work that you claim has been infringed.
- A description of where the material that you claim is infringing is located on the Service (and such description must be reasonably sufficient to enable us to find the alleged infringing material).
- Your contact information, including address, telephone number and email address.
- A written 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.
- A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.
You also agree not to:
- Use the Service or any content contained in the Service for any commercial purposes without our written consent.
- Copy, modify, transmit, create any derivative works from, make use of, or reproduce in any way any copyrighted material, images, trademarks, trade names, service marks, or other intellectual property, content or proprietary information accessible through the Service without Zersey’s prior written consent.
- Express or imply that any statements you make are endorsed by Zersey.
- Use any robot, bot, spider, crawler, scraper, site search/retrieval application, proxy or other manual or automatic device, method or process to access, retrieve, index, “data mine,” or in any way reproduce or circumvent the navigational structure or presentation of the Service or its contents.
- Use the Service in any way that could interfere with, disrupt or negatively affect the Service or the servers or networks connected to the Service.
- Upload viruses or other malicious code or otherwise compromise the security of the Service.
- Forge headers or otherwise manipulate identifiers in order to disguise the origin of any information transmitted to or through the Service.
- “Frame” or “mirror” any part of the Service without Zersey’s prior written authorization.
- Use meta tags or code or other devices containing any reference to Zersey or the Service (or any trademark, trade name, service mark, logo or slogan of Zersey) to direct any person to any other website for any purpose.
- Modify, adapt, sublicense, translate, sell, reverse engineer, decipher, decompile or otherwise disassemble any portion of the Service, or cause others to do so.
- Use or develop any third-party applications that interact with the Service or other users’ Content or information without our written consent.
- Use, access, or publish the Zersey application programming interface without our written consent.
- Probe, scan or test the vulnerability of our Service or any system or network.
- Encourage or promote any activity that violates this Agreement.
The Company may investigate and take any available legal action in response to illegal and/ or unauthorized uses of the Service, including termination of your account.
Any software that we provide you may automatically download and install upgrades, updates, or other new features. You may be able to adjust these automatic downloads through your device’s settings.
We reserve the right to remove Content alleged to be infringing without prior notice, at our sole discretion, and without liability to you. In appropriate circumstances, Zersey will also terminate a user’s account if the user is determined to be a repeat infringer.
- Community Guidelines and Rules
By using the Service, you agree that you will not:
- Use the Service for any purpose that is illegal or prohibited by this Agreement.
- Use the Service for any harmful or nefarious purpose.
- Use the Service in order to damage Zersey.
- Spam, solicit money from or defraud any users.
- Impersonate any person or entity or post any images of another person without his or her permission.
- Bully, “stalk,” intimidate, assault, harass, mistreat or defame any person.
- Post any Content that violates or infringes anyone’s rights, including rights of publicity, privacy, copyright, trademark or other intellectual property or contract right.
- Post any Content that is hate speech, threatening, sexually explicit or pornographic; incites violence; or contains nudity or graphic or gratuitous violence.
- Post any Content that promotes racism, bigotry, hatred or physical harm of any kind against any group or individual.
- Solicit passwords for any purpose, or personal identifying information for commercial or unlawful purposes from other users or disseminate another person’s personal information without his or her permission.
- Use another user’s account.
- Create another account if we have already terminated your account, unless you have our permission.
Zersey reserves the right to investigate and/ or terminate your account without a refund of any purchases if you have violated this Agreement, misused the Service or behaved in a way that Zersey regards as inappropriate or unlawful, including actions or communications that occur on or off the Service.
- Ending These Terms
The Terms will continue to apply until terminated by either you or Zersey as follows:
- You may end your legal agreement with Zersey at any time for any or no reason by deactivating your accounts and discontinuing your use of the Services.
- You do not need to specifically inform Zersey when you stop using the Services. If you stop using the Services without deactivating your accounts, your accounts may be deactivated due to prolonged inactivity.
- We may suspend or terminate your accounts or cease providing you with all or part of the Services at any time for any or no reason, including, but not limited to, if we reasonably believe:
- You have violated these Terms or Zersey Content Policy
- You create risk or possible legal exposure for us;
- Our provision of the Services to you is no longer commercially viable. We will make reasonable efforts to notify you by the email address associated with your account or the next time you attempt to access your account.
In all such cases, the Terms shall terminate, including, without limitation, your license to use the Services, except that the following sections shall continue to apply. Nothing in this section shall affect Zersey’s rights to change, limit or stop the provision of the Services without prior notice.
- Disclaimers and Limitations of Liability
Please read this section carefully since it limits the liability of Zersey and its parents, subsidiaries, affiliates, related companies, officers, directors, employees, agents, representatives, partners, and licensors (collectively, the “Zersey Entities”). Each of the subsections below only applies up to the maximum extent permitted under applicable law. Some jurisdictions do not allow the disclaimer of implied warranties or the limitation of liability in contracts, and as a result the contents of this section may not apply to you. Nothing in this section is intended to limit any rights you may have which may not be lawfully limited.
- The Services are Available “AS-IS”
Your access to and use of the Services or any Content are at your own risk. You understand and agree that the Services are provided to you on an “AS IS” and “AS AVAILABLE” basis. Without limiting the foregoing, to the maximum extent permitted under applicable law, Zersey entities disclaim all warranties and conditions, whether express or implied, of merchantability, fitness for a particular purpose, or non-infringement.
The Zersey Entities make no warranty or representation and disclaim all responsibility and liability for:
- The completeness, accuracy, availability, timeliness, security or reliability of the Services or any Content;
- Any harm to your computer system, loss of data, or other harm that results from your access to or use of the Services or any Content;
- The deletion of, or the failure to store or to transmit, any Content and other communications maintained by the Services;
- Whether the Services will meet your requirements or be available on an uninterrupted, secure, or error-free basis. No advice or information, whether oral or written, obtained from the Zersey Entities or through the Services, will create any warranty or representation not expressly made herein.
The Services may contain links to third-party websites or resources. You acknowledge and agree that the Zersey Entities are not responsible or liable for:
- The availability or accuracy of such app or resources;
- The content, products, or services on or available from such app or resources. Links to such app or resources do not imply any endorsement by the Zersey Entities of such app or resources or the content, products, or services available from such app or resources.
- You acknowledge sole responsibility for and assume all risk arising from your use of any such app or resources.
- Limitation of Liability
To the maximum extent permitted by applicable law, the Zersey entities shall not be liable for any indirect, incidental, special, consequential or punitive damages, or any loss of profits or revenues, whether incurred directly or indirectly, or any loss of data, use, good-will, or other intangible losses, resulting from:
- Your access to or use of or inability to access or use the services;
- Any conduct or content of any third party on the services, including without limitation, any defamatory, offensive or illegal conduct of other users or third parties;
- Any content obtained from the services;
- Unauthorized access, use or alteration of your transmissions or content.
The limitations of this subsection shall apply to any theory of liability, whether based on warranty, contract, statute, tort (including negligence) or otherwise, and whether or not the Zersey entities have been informed of the possibility of any such damage, and even if a remedy set forth herein is found to have failed of its essential purpose.
- Safety; Your Interactions with Other Users.
Zersey is not responsible for the conduct of any user on or off of the Service. You agree to use caution in all interactions with other users, particularly if you decide to communicate off the Service or meet in person. In addition, you agree to review and follow our user guidelines prior to using the Service. You agree that you will not provide your financial information (for example, your credit card or bank account information), or wire or otherwise send money, to other users.
You are solely responsible for your interactions with other users. You understand that Zersey does not conduct criminal background checks on its users or otherwise inquire into the background of its users. Zersey makes no representations or warranties as to the conduct of users. Zersey reserves the right to conduct – and you agree that Zersey may conduct - any criminal background check or other screenings (such as sex offender register searches) at any time using available public records.
- Indemnity by You
You agree, to the extent permitted under applicable law, to indemnify, defend and hold harmless Zersey, our affiliates, and their and our respective officers, directors, agents, and employees from and against any and all complaints, demands, claims, damages, losses, costs, liabilities and expenses, including attorney’s fees, due to, arising out of, or relating in any way to your access to or use of the Service, your Content, or your breach of this Agreement.
- Entire Agreement; Other