Last modified: July 19, 2017
These Terms of Service (the “Agreement”) are an agreement between Zelux Media, Inc. (“Zelux Media” or “we” or “us” or “our”) and you (“user” or “you” or “your”). This Agreement governs all use of the zeluxmedia.com website and all content, services, and products available at or through Zelux Media (collectively, “Services”). By using the Services provided by Zelux Media, you agree to be bound by this Agreement. If you do not agree to abide by the terms of this Agreement, you are not authorized to use or access our Services.
2.1 In order to use our Services, you are required to register for an account with Zelux Media.
2.2 When you register for a Zelux Media account, you are required to provide us with:
a. your personal information, including your name and email address;
b. a username; and
c. a password.
2.3 By registering to use our Services, you agree that you are eighteen (18) years of age or older. Any registration, use of or access to our Services, by anyone under eighteen (18) is unauthorized and is a violation of this Agreement.
2.4 You agree that all personal information you provide to us will be accurate and up to date.
2.5 You must be responsible for keeping your Zelux Media account secure.
2.6 You must immediately notify us of any unauthorized uses of your account or any other breaches of security.
2.7 You agree to be fully responsible for all use of your account and for any actions that occur in your account.
You may not modify, copy, download, reproduce, store or distribute all content available through Zelux Media website, including text, images, videos, graphics, designs, audio and other files, content or items belonging to us.
Zelux Media website may contain links to third party websites that are not owned and operated by Zelux Media. Zelux Media is not responsible for all content available through third party websites, including text, images, videos, graphics, designs, audio and other files. Further, Zelux Media will not be responsible and liable for any your actions through third party websites. We recommend you to be aware when you have left our website and read the terms and policies of each third party website that you visit.
5.1 You are responsible for providing Zelux Media with correct payment information when you place an order for our Services. We will send an invoice to you by email when we receive your order request.
5.2 In order to use our Services, you agree to make payment for our Services prior to the commencement of the Services. You can use our Services once payment is confirmed by Zelux Media.
5.3 Taxes may be included in the invoice sent to you upon payment for our Services.
If you purchase our Services and find any mistakes of our work for you, you may request unlimited revisions for free within seven (7) days since the completion of our work.
7.1 If you are not satisfied with the Services you have purchased from Zelux Media, you may notify us within seven (7) days since the completion of our work and we will attempt to resolve your concerns as soon as possible. You will receive a full refund if we find that the work does not meet our quality standards.
7.2 If you want to cancel the Services you have purchased from Zelux Media prior to the work being completed, you will be required to pay for the work done.
THE SERVICES AND ONLINE PLATFORM ARE PROVIDED “AS IS”. ZELUX MEDIA DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. ZELUX MEDIA DOES NOT WARRANT THAT THE SERVICES WILL MEET YOUR REQUIREMENTS, OR THAT THE PLATFORM WILL BE UNINTERRUPTED, COMPLETELY SECURE OR ERROR FREE; AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICES OR AS TO THE ACCURACY OR RELIABILITY OF ANY INFORMATION OBTAINED THROUGH THE SERVICES AND ONLINE PLATFORM. ZELUX MEDIA IS NOT LIABLE FOR ANY MATERIAL AND/OR DATA TRANSFERRED EITHER TO OR FROM USERS OR STORED BY USERS ON OR THROUGH THE SERVICES.
You agree to defend, indemnify, and hold Zelux Media and its officers, directors, employees, sublicensees and agents harmless from and against any and all claims, liabilities, damages, losses, settlements, costs and expenses, including attorneys’ fees and other legal expenses, arising from, or related to, (a) any breach of your covenants under this Agreement; (b) any misuse of the website or Services by you, including and without limitation, any dishonest, inaccurate, fraudulent, negligent, wrongful, unlawful, or criminal act or omission by you; (c) any violation by you of applicable law.
YOU EXPRESSLY UNDERSTAND AND AGREE THAT ZELUX MEDIA WILL NOT BE LIABLE FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING ANY LOST OF PROFITS, ANY LOSS OF GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES, (EVEN IF BETRANSLATING IS AWARE OR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, OR OTHER THEORY OF LIABILITY.
IN NO EVENT WILL ZELUX MEDIA’S LIABILITY TO YOU FOR ALL DAMAGES, LOSSES OR CAUSES OF ACTION EXCEED THE AMOUNT PAID BY YOU TO ZELUX MEDIA FOR THE SERVICES IN THE THREE (3) MONTHS PRIOR TO THE INITIAL ACTION GIVING RISE TO LIABILITY.
Zelux Media may modify this Agreement at any time. You should check the terms regularly on our Website. You agree to any modification to this Agreement by continuing to use the Services.
Please contact us at [email protected] to pose any questions regarding these Terms of Service or to report any violations of these Terms of Service.