Terms of Service

TERMS OF SERVICE
Last Updated: September 1, 2019
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PLEASE READ THIS AGREEMENT CAREFULLY AND IN ITS ENTIRETY BECAUSE IT CONTAINS IMPORTANT INFORMATION REGARDING YOUR LEGAL RIGHTS, OBLIGATIONS AND REMEDIES, INCLUDING VARIOUS LIMITATIONS AND EXCLUSIONS, AS WELL AS SPECIFIC PROVISIONS CONCERNING HOW ANY DISPUTES INVOLVING ANY PRODUCTS AND SERVICES AVAILABLE THROUGH THE WEBSITE WILL BE RESOLVED.


 
Introduction


Zale Media (collectively, “We,” “Us” or “Our”).


By using any page or website, including any related mobile websites and mobile applications, as well as any membership or community areas (the “Website”), or by purchasing any products sold on the Website (“Products”) or using any services available for use or purchase through the Website (“Services”), you agree to be bound by these Terms of Service, whether or not you make a purchase, create a free user account, or register as a paid member, and whether you’re accessing the Website from a computer, tablet, mobile phone device, or other means of access.

This Agreement is a legally binding, valid and enforceable electronic contract that contains important terms of governing your use of our Website, products and/or services. By accessing and/or using the Website, products and/or services, or by creating a free user account and/or becoming a paid member, you accept this Agreement and consent to the terms, conditions and notices contained or referenced herein. 


Clicking “Accept” or “I Agree” or other similarly worded prompt “ By using this form” whenever presented with the option of giving your affirmative consent also signifies your acceptance and agreement to be bound by the terms of these Disclaimers.


We may add additional websites, pages, apps, products and services as we expand our offerings, and these Terms of Service will govern those new additions when they are made public, unless the service requires the execution of a separate Service Agreement or Consulting Agreement between you and Us, in which event the more specific Service Agreement or Consulting Agreement shall control. 


This Agreement is subject to change by Us at any time. Any changes will be posted to this URL, and will be effective as of the date of posting, as indicated by the “Last Updated” date at the top of the page.


Your continued use of the Website and our Products and Services will constitute your express and binding acceptance of and consent to the any Terms of Service in effect, including all revisions. If you object to anything in this Agreement, the Privacy Policy (available at https://www.zalemedia.net/privacy-policy) or any content on the Website, you are not authorized to use this Website or the Products and Services offered hereon, and are hereby instructed to discontinue using same.


Electronic Agreement. This Agreement is a legally binding, valid and enforceable electronic contract that contains the terms of governing your use of our Website and the Products and Services available. By accessing or/and using Products and Services you accept this Agreement and consent to the terms, conditions and notices contained or referenced herein.


Titles/Headings. Headings are inserted for the convenience of the Parties only and are not to be considered when interpreting this Agreement.

 


Memberships, Services, Products & Accounts


If you register a free account, become a paid member or sign up for paid services, you will be required to provide certain personal information, including: 
•    Your first and last name;
•    Your company name;
•    Your e-mail address and telephone number;
•    Your credit card or bank account information;
•    Your billing address;


How we collect and process said personal information, the purposes for which we collect same, as well as your rights and options regarding opting out of the collection or processing of your personal information, is explained in detail in our Privacy Policy (available at https://www.zalemedia.net/privacy-policy).

Payment Authorization. You authorize Zale Media & The Celebrity Agent to charge the credit or debit card indicated according to the signed service agreement package price and specifications. This authorization is for the service agreement sent to my email. You certify that you are an authorized user of the payment source and that you will not dispute the payment with your credit card company. 

Term of Sale. You hereby ratify your understanding that all service sales are final and waive any rights to charge-back your purchase or monthly fee with your credit card processor.

Payment Dispute. You understand that if a charge is disputed, you have 2 days to retract the dispute. If the dispute is not retracted within the 2 day grace period, the account and/or service will be deemed canceled and the according cancellation fee (See Service Cancellation below for details) will be owed plus any and all legal fees arising from the dispute.

Payment Default. You understand that if a payment defaults, you have 7 days to reconcile the outstanding balance. If the outstanding balance is not taken care of within the 7 day grace period, the account will be deemed canceled and the according cancellation fee will be owed. (See Service Cancellation below for details)

Service Cancellation. You understand you may cancel your account/service at any time via written notice following the below terms:

  • 30 Day Cancellation Policy. Cancellation must be requested 30 days before next month's start date otherwise your account/service will be renewed for an additional month before your cancellation takes effect. 

    • Re-worded: Cancellation must be requested 30 days before next month's start date (billing date). If you cancel less than 30 days of the next month's billing date, you will be billed and serviced for the next month and your account will be closed the following month. 

    • Example. If you get billed on the 21st of every month and today is July 10th, if you cancel your account, you will be billed on July 21st to be serviced (July 21st-August 21st) before your account is closed. 

  • Canceling During the Agreement Term. If cancellation is during the agreement term, work for the current month will be finished and the deemed cancellation fee will be owned. (See Service Cancellation below for details)

Account Renewal. You understand your account will be renewed on a month to month basis after the agreement term is finished. Cancellation must be requested within 30 days of the end of the last month of your agreement otherwise account will be renewed for an additional month before your cancellation takes effect. 

Cancellation Fee. If for any reason account and/or service cancellation is either requested or required, a cancellation fee of 50 percent of the remaining balance of the agreement will be billed immediately upon request. A grace period of 48 hours will be allowed to capture the payment. If the payment is not captured within 48 hours, Zale Media has the right to attempt to charge the payment source on file for the full or partial cancellation fee amount until the fee is paid in full.

If you fail to pay the cancellation fee or the cancellation fee is not able to be charged after 48 hours, we will have no choice but to take further action. We may send your file to our international collection agency to attempt collections on the entire amount owing. We use Summit AR (https://www.summitcollects.com/) to collect all unpaid accounts.

Account Pausing. You understand you may not pause your account and/or service at any time during the agreement term. 

Account Delay. You understand you may not push the start date of your contract back. The date on the signed agreement is the acting start date of your contract/agreement term.

Failure to Start. You understand failure to start your service and/or account on the start day tells us you are canceling your account. Please see Cancellation Fee for details on cancellation fees and further procedures. 

Liability: You understand Zale Media, LLC is not responsible or cannot be held liable for any action, reaction, loss, or damage resulting or arising from the use of any advice, product, process, or service provided under this agreement.

Non-Disclosure: You agree not to disclose this working agreement with any external parties unless a written request is submitted and agreed upon by both parties.

Membership & Service Terms. Please note that our Products, Services and prices are always subject to change without notice. Detailed information on what is included in your membership can be found on the landing and checkout pages leading up to your purchase.

Passwords and Account Security. By creating a free user account or becoming a paid member, you acknowledge that maintaining the confidentiality of your username and password are your responsibility. You further acknowledge and agree not to disclose or allow the use of your username or password, or otherwise lend or transfer access to your user account or membership account to any third party. The Products and Services, including the memberships sold through the Website, are for your personal use only, and are not to be shared or re-sold. You are fully responsible for all transactions with, and information conveyed to Us under your username, membership, or account. 


In the event of any unauthorized use of your username or password, or any other breach of security related to your membership or user account, you hereby agree to immediately notify Us. You further agree that We are not liable for any claims, losses, liabilities or damages relating in any way to such breach of security, and that you will indemnify and hold Us harmless in connection with any loss or damage arising from your failure to comply with any of the obligations under this section.
 

 

 


Intellectual Property


All content on the Website may constitute the intellectual property of Zale Media . Except in circumstances expressly authorized in these Terms of Service or in a separate, superseding agreement, no material on the Website, and no material transmitted as part of our Products or Services, may be copied, reproduced, distributed, republished, uploaded, displayed, posted or transmitted in any way whatsoever without the express, written consent of Zale Media , as applicable.


Copyright. Any and all content on the Website, as well as content transmitted with and/or as part of our Products or Services, including any designs, graphics, logos, icons, text, images, audio and video clips, the selection, compilation and arrangement thereof, as well as any and all software and custom code on the Website is protected by U.S. and international copyright laws. Zale Media  reserve all rights in such copyrighted content. The compilation, collection, assembly and arrangement of all content on the Website is the exclusive property of their owners, and any unauthorized use, distribution, reproduction, modification, transmission, display, performance, republishing, creation of derivative works therefrom, and any other means of dissemination without our express written consent, is prohibited by law and will be prosecuted. 


Trademarks. Zale Media, as well as all custom graphics, icons, page headers, logos, slogans, product names, and other brand identifiers are trademarks, trade dresses and service marks of Zale Media . As such, any use of these marks in any manner likely to confuse consumers without the express, written consent of their owner, is strictly prohibited. Any trademarks belonging to third parties require the consent of their respective owners prior to use or display. 


Nothing in this document, or on the Website, gives any person the right to copy, reproduce, publish, upload, share, use, register as a domain name, or otherwise display any logo, slogan, tagline, trademark, trade name, service mark, trade dress, copyrighted material, patent, trade secret, or confidential information owned by Zale Media , or any of Our partners, sponsors, parents, subsidiaries, and affiliates.

 

 
Arbitration


PLEASE READ THIS SECTION CAREFULLY – IT MAY SIGNIFICANTLY AFFECT YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT AND TO HAVE A JURY HEAR YOUR CLAIMS. IT CONTAINS PROCEDURES FOR MANDATORY BINDING ARBITRATION AND A CLASS ACTION WAIVER.
IF YOU ARE A U.S. RESIDENT, YOU ALSO AGREE TO THE FOLLOWING MANDATORY ARBITRATION PROVISIONS:


AGREEMENT TO ARBITRATE: Any disputes arising out of or relating to this Terms of Service Agreement and/or your use of the Website, any Products or Services sold or offered for sale thereon, any posted content, and/or your use of any community and membership areas or other off-site pages and forums hosted and/or operated by Us, shall be submitted to binding arbitration in accordance with the rules of the American Arbitration Association, and each party hereby consents to any such disputes being so resolved. Judgment on the award so rendered in any such arbitration may be entered in any court having jurisdiction thereof.


However, you agree that this arbitration clause does not apply to the extent that the claim or lawsuit is being initiated by Us, based on your violation or threatened violation of Our intellectual property (trademark, copyright, patent or trade secret) rights. In such cases, We may bring a lawsuit for injunctive relief to stop the infringement of its intellectual property rights, as well as for damages and attorney fees, where applicable, without first engaging in arbitration or other informal dispute-resolution process otherwise required by these Terms of Service.


WAIVER OF JURY TRIAL: By electing to resolve all claims and disputes via binding arbitration, THE PARTIES HEREBY WAIVE THEIR CONSTITUTIONAL AND STATUTORY RIGHTS TO APPEAR IN COURT AND HOLD A TRIAL IN FRONT OF A JUDGE OR A JURY. Should any litigation arise between you and Us in any court, state or federal, to vacate or enforce an arbitration award or otherwise, ALL PARTIES HEREBY WAIVE ALL RIGHTS TO A JURY TRIAL, and elect the dispute to be resolved by a judge. 


ARBITRATION PROCEEDINGS: Arbitration is a much quicker, often cheaper, and more informal process than a lawsuit. In arbitration proceedings, the case is decided by an arbitrator, instead of a judge or a jury. The arbitrator can award the same damages and relief that a court can, and his decision is final and binding. In the United States, arbitration procedures are governed by the Federal Arbitration Act. It is recommended that you familiarize yourself with that legislation, or consult with an attorney, in order to understand how arbitration procedures work.


OPT-OUT OF ARBITRATION: You have the right to opt out of this arbitration agreement by emailing Us at support@zalemedia.net and providing the following information: 
a.    Your name; 
b.    The URL of these Terms of Service; 
c.    Your address; 
d.    Your phone number; and 
e.    A clear statement that you wish to opt out of this arbitration provision in the Terms of Service. 
The Opt-Out Notice must be emailed no later than 30 days after the date you first accept the Terms of Service by using the Website.


YOU ACKNOWLEDGE THAT YOU HAVE BEEN ADVISED THAT YOU MAY CONSULT WITH AN ATTORNEY IN DECIDING TO ACCEPT THIS AGREEMENT TO ARBITRATE.


If any provision of this arbitration agreement is found unenforceable, the unenforceable provision shall be severed, and the remaining arbitration terms shall be enforced.


 
General Provisions


Third Party Content. We may provide content from third parties, and links to sites operated by third parties over whom We have no control. We do not monitor, approve, or update the content posted on these sites, and our inclusion of links thereto in no way implies or constitutes any association between Us and said third party, nor does it constitute any form of guarantee, endorsement, or representation with respect to the completeness or accuracy of the referenced third party content or site. You acknowledge that you use and rely on third party content solely at your own risk. Any third party posted by us is not a reflection of Our views.


Non-Interference. By using the Website, you agree not interfere with, disable, disrupt or circumvent any security or security-related features that prevent or restrict the use of, or access to, any part of the Website, any of its features, the content posted thereon, or any of our Products or Services. You may not interfere with or disrupt the Website, servers or networks connected thereto, nor may you disobey any rules, requirements, policies, procedures or regulations of networks connected to the Website. Further, you may not use any device, software, or technology to disrupt or negatively interfere with any other user’s experience or ability to use the Website or its functions and features, including the ability to purchase and use Products, Services, such as account or membership benefits.


Reservation of Rights. We reserve the right to terminate, in Our sole discretion and without notice, any membership, products, services, or user account, and/or block any user’s, member’s or visitor’s ability to use or access the Website, or any of its pages, in any manner.


We may access, preserve and disclose any personal information collected, including your account information, usage, device and browser information, browsing behavior and other trackable data, and content posted by you, for any lawful purpose, as detailed in our Privacy Policy. We will always preserve such personal information if required to do so by law or court order, or if supported by a good faith belief that doing so is reasonably necessary to a) comply with legal process; b) respond to claims by third parties; c) enforce these Terms of Service; d) respond to your customer service requests, or e) protect the rights, property, life, health, safety or security of Us and Our employees, agents, representatives, users, or any other person or entity. 


In order to protect our customers, ourselves, and the general public from fraud and other unauthorized or illegal activity, we further reserve the right to screen all orders made through the Website for fraud and unauthorized or illegal activity, and to refuse to process any order found fraudulent, illegal or unauthorized, or suspected of fraud or unauthorized or illegal activity. We may also cancel any accounts or refuse to ship to certain addresses due to suspected fraud or unauthorized or illegal activity. If verification is required before processing your order, we may call you at the contact information you provided to confirm your order, address, shipping and/or billing information, and/or identity.


Warranty Disclaimer. Zale Media ARE PROVIDING THIS WEBSITE, ITS CONTENTS, THE PRODUCTS AND SERVICES AVAILABLE THEREON, AND THE MEMBERSHIP AREA AND FORUMS ON AN "AS-IS" BASIS. WE MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, WITH RESPECT TO THE INFORMATION, CONTENTS, OR OPERATION OF THE WEBSITE OR ANY OF ITS FEATURES OR FUNCTIONALITIES, INCLUDING THE MEMBERSHIP AREA. 


TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, WE SPECIFICALLY DISCLAIM ALL SUCH REPRESENTATIONS AND WARRANTIES, INCLUDING ANY WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, NONINFRINGEMENT, AS WELL AS ANY AND ALL WARRANTIES RELATING TO THE ACCURACY, TIMELINESS, RELIABILITY, COMPLETENESS OR CURRENTNESS OF ANY INFORMATION CONTAINED ON OR ACCESSIBLE THROUGH THE WEBSITE OR THROUGH ANY PRODUCT OR SERVICE PROVIDED BY US. 


WE MAKE NO REPRESENTATION OR WARRANTY THAT (A) THE WEBSITE, OR ANY PRODUCTS OR SERVICES SOLD OR DESCRIBED THEREIN WILL BE AVAILABLE ON A TIMELY BASIS, OR THAT ACCESS TO SAME WILL BE SECURE, UNINTERRUPTED, AND WITHOUT ERROR; (B) THAT DEFECTS OR ERRORS WILL BE CORRECTED; OR (C) THAT THE WEBSITE OR ANY PRODUCTS OR SERVICES SOLD OR DESCRIBED THEREIN ARE FREE OF VIRUSES OR OTHER HARMFUL ELEMENTS.


WE DO NOT PROMISE, GUARANTEE OR WARRANT YOUR BUSINESS SUCCESS, INCOME, OR SALES. 


It is possible for the Website and our Products and Services to contain mistakes, inaccuracies, and materials that conflict with these Terms. Should a conflict arise between anything posted on the Website or in a Product or Service we offer and these Terms, these Terms shall control.


If there is a conflict between these Terms of Service and any separate Service Agreement or Consulting Agreement entered into and executed by and between you and Us (or between you and either Zale Media), the terms of the Client Agreement or Consulting Agreement shall control.


Liability Limitation. Zale Media SHALL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING OUT OF, OR IN ANY WAY RELATING TO, THE USE OF THE WEBSITE, THE COMMUNITY AND MEMBERSHIP AREAS, ANY SOCIAL MEDIA OR OTHER PUBLIC FORUMS AND THIRD PARTY ACCOUNTS OWNED AND/OR OPERATED BY US, OR ANY OF THE PRODUCTS OR SERVICES OFFERED FOR PURCHASE OR SALE THROUGH THE ABOVE CHANNELS. THIS LIMITATION OF LIABILITY APPLIES TO, BUT IS NOT LIMITED TO ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE OR CONSEQUENTIAL DAMAGES, PROPERTY DAMAGE, LOSS OF INCOME, LOSS OF PROFITS, LOSS OF DATA, AND CLAIMS OF THIRD PARTIES.


Indemnification. By using the Website, any community or membership areas, any products or services, or any social media or other public forums and third party accounts, sites and platforms associated therewith and/or hosted or operated by Us, you agree to defend, indemnify and hold harmless Zale Media and their officers, directors, agents, parents and subsidiaries, joint ventures, employees, affiliates, assigns and third-party service providers (the “Released Parties”), from all claims, causes of action, demands, losses, liabilities, costs, expenses, obligations and damages of every kind and character without limit, including reasonable legal fees, arising out of your conduct, such conduct being inclusive of, but not limited to a) your misuse of the Website and any community or membership areas; b) your violation of any term of these Terms of Service; c) a breach of your representations and warranties set forth above regarding content posted by you; d) your violation of any law or the rights of a third party (including, without limitation, any privacy, copyright, trademark, property or right violation); or e) any loss, damage, lawsuit or claim based on the allegation that content posted by you caused damage to a third party. Your indemnity obligation includes, but is not limited to, any third party claim against the Released Parties for liability for any actual and alleged losses, damages, or other liability caused by or related to you. Your indemnification obligation will survive the termination of these Terms of Service and your use of the Website and any membership or community areas, groups, forums, social media pages and accounts, and other pages and platforms associated with the Website and any Products and Services provided or described thereon.


Privacy. Please see our Privacy Policy at https://www.zalemedia.net/privacy-policy for details regarding the manner in which We may collect, process and use personally identifiable information about you, including any information you supply or we may collect in connection with your use of the Website, including any community and member areas.


No Waiver. Any failure on Our part to insist on, or take immediate action to enforce strict compliance with, any of the terms, covenants, warranties and conditions contained in this Terms of Service, shall not be deemed a waiver of such terms, covenants, warranties and conditions, or of any similar right or power hereunder, at any subsequent time. No waiver of any term of these Terms of Service shall be deemed a further or continuing waiver of such term or any other term.


Choice of Law and Forum Selection. This Agreement shall be governed and construed in accordance with the laws of the State of Wisconsin, excluding that State’s choice-of-law principles, and all claims relating to or arising out of this Agreement, or the breach thereof, whether sounding in contract, tort or otherwise, shall likewise be governed by the laws of the State of Wisconsin, excluding that State’s choice-of-law principles.


With regard to those circumstances in which the Arbitration provisions of this Agreement, if any, do not exclude litigation in court, you hereby expressly consent and agree to submit to the exclusive jurisdiction and venue of a court of competent jurisdiction located in Wisconsin.


Dispute Resolution. Should a dispute arise between you and Us, please contact our customer service team by calling 630-329-3076 or sending an e-mail to support@zalemedia.net. We will do our best to arrive at a speedy and cost-efficient resolution to any dispute, to the extent of our ability. If, however, we cannot resolve the dispute via our customer service department, the following applies: 


TO THE EXTENT PERMITTED UNDER APPLICABLE LAW, YOU AGREE THAT ANY CLAIM OR LEGAL PROCEEDING ARISING OUT OF OR RELATED TO THE WEBSITE, ANY PRODUCTS OR SERVICES PURCHASED OR AVAILABLE FOR SALE TEHEREON, AND ANY COMMUNITY OR MEMBERSHIP ACCOUNTS ASSOCIATED THEREWITH, MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CLAIM OR CAUSE OF ACTION FORMING THE BASIS OF THE CLAIM ACCRUES; OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.


No Class Actions. By using the Website and associated services, you consent, acknowledge and agree that class actions, class arbitrations, mass actions, private attorney general actions, and consolidation of matters with other arbitrations are expressly prohibited under these Terms of Service. All disputes against Us must be resolved on an individual basis. You may not bring a claim or lawsuit against Us as a plaintiff or class member in a class action, consolidate action, mass action, or representative action.


Force Majeure. We will be excused from any delay or failure of performance required under these Terms of Service if caused by reason of any event, circumstance, occurrence or contingency, regardless of whether it was foreseeable, which is a) not caused by, and is not within Our reasonable control, and b) prevents Us from performing Our obligations under this Agreement. Such events may include, but are not limited to: acts of war; insurrections; fire; laws, proclamations, edicts, ordinances or regulations; strikes, lock-outs or other labor disputes; riots; explosions; and hurricanes, earthquakes, floods, and other acts of nature. Our rights and obligations shall be extended on a day-to-day basis for the time period equal to the period of such excusable interruption. 


Assignment. We may assign its rights under this Terms of Service document at any time, without providing any notice to you. You may not assign your rights under this Terms of Service without Our express written consent. 


Survival. All provisions that logically ought to survive termination of this Terms of Service, including but not limited to applicable Representations, Covenants, Warranties, Limitation of Liability, Indemnity, Choice of Law, Forum Selection, and Arbitration provisions, shall survive and continue to apply even after you stop using the Website and the content and services provided through same.


Severability. If any provision of this Terms of Service document is declared by any court of competent jurisdiction (or arbitrator) to be illegal, void, unenforceable or invalid for any reason under applicable law, the remaining parts of these Terms of Service shall remain in full force and effect, and shall continue to be valid and enforceable. If a court (or arbitrator) finds that an unenforceable portion of these Terms of Service may be made enforceable by limiting such provision, then such provision shall be deemed written, construed and enforced as so limited. These Terms of Service are intended to be interpreted in a manner that renders them valid, legal and enforceable, and the parties hereby expressly agree that a court of law (or arbitrator) may modify, restrict or limit the terms herein to accomplish that intent.


Headings. Any heading, caption or section title contained herein is inserted only as a matter of convenience, and in no way defines or explains any section or provision hereof.


Notices. Notices from Us to our paying members may be made via e-mail. Changes to these Terms may be posted to this URL without additional notice.


Any notice required to be given to Us under these Terms or otherwise, must be in writing, addressed to support@zalemedia.net.

 

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