Terms of Use
Welcome to ZEE5 Application, we provide both free and subscription-based service that allows our End Users to access entertainment content including movies and series streamed over the internet to certain Devices. These Terms of Use ("Terms of Use") govern Your use of ZEE5.
The website “www.ZEE5.com” and and Application is owned by Z5X Global FZ LLC, situated in Dubai, UAE, ("Z5X”).
PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE USE OF THE ZEE5 SERVICES. THESE TERMS OF USE CONSTITUTE A LEGAL AND BINDING AGREEMENT BETWEEN You END USERZEE5) AND Z5X, AND GOVERN Your USE OF THE ZEE5. BY CHECKING/CLICKING ON THE `I AGREE` LINK AND/OR BY DOWNLOADING AND/OR INSTALLING AND/OR BROWSING OR USING ZEE5, You EXPRESSLY ACCEPT THESE TERMS OF USE. IF You DO NOT ACCEPT TO THESE TERMS OF USE, PLEASE DO NOT BROWSE AND/OR DOWNLOAD AND/OR INSTALL AND/OR USE ZEE5.
You agree and grant permission to ZEE5 to send WhatsApp notifications to Your registered mobile number. In case You wish to opt out of receiving WhatsApp notifications, You may go to 'Edit Profile' inside the ZEE5 pp Application and untick the 'I want to receive updates and notifications over Whatsapp checkbox.
For the purpose of these Terms of Use, the terms "You", “I”, "Your" or "End User" shall mean any person, natural or legal who uses or browses ZEE5. The term "We", "Us", "Our" shall mean Z5X.
ZEEPLEX – FOR TERRITORY OF INDIA ONLY
Q. What is ZEEPLEX?
A. If You are a residing in India, You can experience movie magic like never before with ZEEPLEX – A premium video on demand service where You can watch upcoming blockbusters on pay-per-view basis. With brand new blockbusters coming every month, ZEEPLEX will soon be India ka Naya Multiplex
Q. How to watch content on ZEEPLEX?
A. ZEE5 End Users can easily discover latest blockbusters available on ZEEPLEX. Here’s where You can access the content
- Top carousal with latest blockbuster content on the Homepage
- The ZEEPLEX space on the Homepage showcasing currently available and upcoming blockbuster content
- The ZEEPLEX navigation element on the top menu bar
- Utilization of platform search functionality on ZEE5 App Application or Website
Upon selecting content from any of the above options, You can watch trailers of blockbuster movies and rent the content on ZEEPLEX landing page.
On clicking rent, You will be guided to login or register with ZEE5. This will be followed by a list of supported payment options where You can complete the transaction and start enjoying the content.
Note that 48 hours will be given to start watching ZEEPLEX content as this is a pay-per-view service (pack validity). Also, once You’ve started watching, the session will last for 6 hours (watch time validity). You can pause and resume the content multiple times only within watch time validity. Furthermore, ZEEPLEX content will not be available for download or offline viewing. Recording/transmitting the ZEEPLEX content in any manner is strictly prohibited and will make You liable for stringent legal action. Watch time validity will be considered as per applicable local time in Your country of viewing.
Q. How to buy/rent content on ZEEPLEX?
A. Once You have clicked the ‘Rent’ button for the content offered, You will be presented with multiple payment options. The payment options for ZEEPLEX are Credit/Debit Card, Net Banking and Wallet. As a pay-per-view service, additional viewing of ZEEPLEX content will require further purchase. The transaction with ZEEPLEX will be non-refundable, non-transferrable and cannot be carried forward for any reason once the watch time validity ends. Each transaction for ZEEPLEX is unique to individual End User and cannot be shared with any other person.
Q. How will I know about the validity left for viewing ZEEPLEX content after transaction?
A. A confirmation message (SMS & Email) will be sent to You after a successful transaction. This will inform You about the pack and watch time validity. This information will also be visible on app and web once the transaction is completed. Watch time validity shall be within the local time zone in Your country of access.
Q. Can I watch ZEEPLEX content on multiple devices?
A. After renting the content, it can be watched across 2 devices however, at any given point, You can watch it on only one single device. You can start viewing, pause and resume on Your second device only if You have logged in using the right credentials and Your watch time validity has not expired. The start time and end time will remain unchanged for both devices.
Q. Can I watch ZEEPLEX content if I have an existing subscription of ZEE5 Premium or ZEE5 Club?
A. ZEEPLEX will be available to the End Users on a pay-per-view basis only. Hence, it will not be included within existing ZEE5 Premium and ZEE5 Club subscriptions and it cannot be clubbed with any other offers on ZEE5 and has no residual value.
Q. Can I purchase/rent movies in advance on ZEEPLEX?
A. The rental / transaction for ZEE Plex content will be possible only once it has been released and is made available on ZEE5 Platform.
Q. Can I cancel my transaction for ZEEPLEX ?
A. Once You have rented ZEEPLEX content, the amount cannot be refunded or redeemed against any other benefit. The rented content will be available for 48 hours for You to start watching it and will be valid only during the watch time validity.
Q. Will ZEEPLEX content be available on ZEE5 Premium subscription?
A. Latest blockbusters will exclusively be available on ZEEPLEX for limited duration on a pay-per-view basis. Once this exclusivity period expires, some of ZEEPLEX content may be accessible to ZEE5 Premium End Users.
· Terms and Conditions for ZEE5 Referral Program:
1. Eligibility: If You are accessing and/or residing in India You can access this referral program, except those who have subscribed to mobile-only plans.
2. Offer Duration: From 24th March 2023
3. Plan Availability: The referral discounts are applicable only on certain subscription plans as determined by Z5X and/or its authorised representative in its sole discretion.
4. Referral Discount: A referrer will receive a 15% discount on their next subscription when their referred friend subscribes to the ZEE5 service. If the referrer is already subscribed, the discount will be applied to their next renewal.
5. Referee Discount: The friend who was referred by the referrer will also receive a 15% discount on their eligible subscription plan. The referred End User will receive the discount by clicking on the link shared to the referred End User. Once link is clicked the relevant End User will be taken to the app Application /web of ZEE5 for availing the discount.
6. Auto-Renewal End Users: End Users who are already on auto-renewal plans are not eligible for this offer. This offer cannot be clubbed with any other existing offer. Further, End Users who have taken the subscription through ZEE5 partner(s) e.g. Jio, Airtel may share the referral link but the End Users themselves will not be eligible for any discount. However, the friend to whom they have referred, may avail the discount if they subscribe ZEE5 service.
7. Discount Limits: The referral discounts are limited to one per End User and cannot be combined with any other offers or promotions.
8. Validity: The referral discounts are valid for a limited time and may be discontinued or changed without notice.
9. Responsibility: The referrer is responsible for ensuring that their referred friends are aware of these terms and conditions. Z5X and/or its authorised representative shall not be responsible for any misunderstandings or disputes that may arise between the referrer and their referred friend.
10. Changes to Terms and Conditions: Z5X and/or its authorised representative reserves the right to modify or discontinue this referral program at any time, with or without notice.
11. Interpretation: The interpretation and implementation of this Referral Program shall be at the sole discretion of Z5X and/or its authorised representative. The decision of Z5X and/or its authorised representative shall be final and binding.
12. By participating in this referral program, You agree to these terms and conditions.
· India – US Referral Campaign:
1. Eligibility: Participation in the India-US referral campaign is open to existing ZEE5 End Users residing in India who refer friends residing in the United States to subscribe to ZEE5 services.
2. Referral Reward: Upon successful subscription by the referred End User from the US, the referrer in India will be eligible for an Amazon voucher worth INR 500. The voucher will be distributed to the referrer after the completion of 30 days of the referee's subscription without any cancellation.
3. Subscription Requirements: To qualify for the referral reward, the referee from the US must subscribe to ZEE5 services using the referral link provided by the referrer from India. The subscription must be maintained for a minimum of 30 days without cancellation.
4. Voucher Distribution: Vouchers will be distributed manually by the ZEE5 team to eligible referrers based on successful referrals. The distribution process will begin 30 days after the start of the campaign and continue accordingly as per the End User's eligibility. Amazon vouchers will be processed and delivered to eligible referrers within a maximum duration of 7 days from the date of eligibility confirmation. The vouchers will be sent via email or SMS to the registered contact details provided by the referrer upon their ZEE5 account registration. This distribution timeline may vary based on processing and delivery requirements.
5. Campaign Period: The India-US referral campaign will commence on 15th December 2023 and continue until 31st December 2024. ZEE5 reserves the right to extend, modify, or terminate the campaign at its discretion without prior notice.
6. Voucher Redemption: Amazon vouchers received as rewards are subject to Amazon's terms and conditions. ZEE5 holds no liability or responsibility for the redemption, usage, or validity of the Amazon vouchers.
General Conditions: By participating in this campaign, End Users agree to abide by the terms and conditions set forth. ZEE5 reserves the right to disqualify any participant found violating the rules or engaging in fraudulent activities
1. DEFINITIONS
Certain words in this Terms of Use have a specific meaning and are explained below for Your easy understanding:
1.1 `Application` means the ZEE5 application owned by Z5X to provide the Content on Devices, which is available on various platforms such as iOS, android and supported web browsers etc.
1.2 `Content` means all text, graphics, images, music, software, audio, video, information or any other materials available on ZEE5.
1.3. `Devices` means any and all internet enabled devices like smart phones, tablets, laptops, desktops, etc. which are compatible with and have access to the Internet.
1.4. `ZEE5` means ZEE5 website “www.ZEE5.com”, ZEE5 mobile web, and any other future variations or domain, Application and any present and future means and modes to offer ZEE5’s service.
1.5. `Internet` shall mean the system making use of the TCP/IP software protocols known as the internet or the worldwide web whatever the communications links may be which connects the End User (including by way of fixed, mobile, DSL, ISDN, UMTS WiMax or other broadband links) including any developments in such protocols or any other protocols which may be developed which give equivalent, reduced or enhanced functionality compared with such protocols.
1.6.`Subscription Package` and/or ‘Subscription’ means a combination of one or multiple live tv channels, video on demand, TV shows, movies, music or any other information or entertainment based Content priced at a specific amount decided by Z5X at its sole discretion.
2. ELIGIBILITY
2.1 Unless otherwise specified, ZEE5 is available for individuals who have attained the age of majority in their jurisdiction. By browsing and/or downloading and/or installing and/or using ZEE5, You represent and warrant that You are majority of age. In case You are a minor in accordance with the applicable laws based on Your jurisdiction, You represent and warrant that You have taken consent of Your parent or guardian.
2.2 In the case of India, this service is restricted to End Users who are aged 18 years or older. If You are under the relevant age of majority in Your jurisdiction, You may only access the Site and the Services only in accordance with applicable law which enables a minor in Your jurisdiction to access such a service. In India, by browsing or downloading and/or installing and/or using the ZEE5, You represent and warrant that You are 18 years of age or older and in case You are less than 18 years of age, You have taken consent of Your parent or guardian.
2.3 SOME CONTENT OFFERED ON THE SITE MAY NOT BE SUITABLE FOR SOME VIEWERS AND THEREFORE VIEWER DISCRETION IS ADVISED. ALSO, SOME CONTENT OFFERED ON THE SITE MAY NOT BE APPROPRIATE FOR VIEWERSHIP BY CHILDREN. PARENTS AND/OR LEGAL GUARDIANS ARE ADVISED TO EXERCISE DISCRETION BEFORE ALLOWING THEIR CHILDREN AND/OR WARDS TO ACCESS CONTENT ON THIS WEBSITE. Your access to and use of the Services is subject to these Terms of Use, Privacy Policy and all applicable laws, rules, and regulations.
3. YOUR RESPONSIBILITIES
3.1 You will be solely responsible for obtaining and maintaining the Device and Internet connection needed in order to access and use ZEE5 and paying for all such charges in relation thereto. Internet charges will depend on the plan subscribed by You from the internet service provider. ZEE5 is compatible on selected operating systems and specific versions and Device(s). The download procedure of the Application shall be subject to the process specified by the operating system of Your Device(s). You need to have a Device connected with Internet for download of ZEE5 to begin and complete. Z5X shall not be responsible in case of any fluctuation in the Internet connection speed leading to corruption of Application file download or any delayed or defective download of the Application on Your Device(s). Z5X shall not be responsible or liable to You for interruption, disruption, deactivation of ZEE5 on account of any Force Majeure Event. For the purpose of these Terms of Use, “Force Majeure Event” shall mean any event beyond the reasonable control of Z5X including but not limited to act of God, any act or omission of government or quasi-government agencies or lock out, strike, curfew, technical errors etc. Z5X may, at its sole discretion, make bug fixes, updates for the installed Application. In the event Z5X has upgraded the Application or any features thereof, You will be required to update Your Device in order to make the Device compatible with such upgrades. Z5X shall not be responsible or liable to You in the event You are unable to access ZEE5 or view the Content on ZEE5 due to Your failure to upgrade Your Device.
3.2 The Content contained or available on ZEE5 is protected by copyright, trademark, patent, trade secret and other laws and shall be used as provided in these Terms of Use, without written permission of Z5X.
4. REGISTRATION END USERS
4.1. You may register f Yourself as a End User of ZEE5 and become a registered End User of the e ZEE5 platform ("Registered End User"). During the registration process, You as Registered End User are required to create End User name (by using Your mobile number) and password.
4.2. As Registered End User, You agree to provide accurate, current and complete information during the registration process and to update such information to keep it accurate, current and complete. Z5X reserves the right to suspend or terminate Your registration as Registered End User without assigning any reason (including for provision of inaccurate, not current or incomplete information during the registration process or thereafter). As Registered End User, You shall be responsible for safeguarding Your password and for all transactions undertaken using Your End Username and password. You agree not to disclose Your password to any third party and to take sole responsibility for any activities or actions under Your account, whether or not You have authorized such activities or actions. It is YouR sole responsibility to change Your password immediately if You believe that Your password has been compromised. Z5X will not be responsible for any financial loss, inconvenience or mental agony resulting from misuse of Your End User name and password in any circumstances.
5. SUBSCRIPTION SERVICES
5.1 Some of the Content is only available to End Users who avail the Subscription Packages. Any Registered End User can avail the Subscription Package. As Subscription based End User, You will be required to subscribe to Subscription Packages made available by Z5X from time to time. The subscription to Subscription Packages may be subject to additional terms specified by Z5X. Depending on packages and/or value added services and the term of the proposed subscription, You will be required to make online payments through Your credit card or debit card or net banking account or cash card or via any other mode made available for making payments through mediums as authorized in Your territory and as provided by Z5X for accessing and browsing ZEE5. The facility for online payments through credit cards or debit cards or net banking account or cash card or any other mode is available for selected credit cards, debit cards, net banking accounts and cash cards only. If You wish to avail the ZEE5 after the expiry of the initial term of Subscribed Packages, You shall prior to expiry of such term, recharge of account with the then prevailing subscription charges.
5.2 Z5X reserves the right to modify or discontinue ZEE5 at its sole discretion with or without notice to You. Z5X shall not be liable to You or any third party in any manner, should Z5X exercise its right to modify or discontinue the ZEE5. Further, Z5X reserves the right, at any time, with or without notice and without any liability to:
(i) replace or otherwise withdraw Subscription Packages or Content,
(ii) change or reduce the number of hours of any Content
(iii) blackout any Content and
(iv) modify the prices for Subscription Packages or any part of ZEE5 service. Further, Z5X reserves the right to change packaging and introduce base and add on packages and/or offer channels on a-la-carte basis. You acknowledge and agree that the Content provided by Z5X as part of ZEE5 is being supplied by third parties and availability of such Content is outside Z5X’s control and can be removed anytime. Additionally, Z5X shall have the right, but not the obligation, to refrain from providing to You any Content in the interest of national security or in the event of emergency / war or similar situation or if the Content is anti-national, promotes political / religious propaganda, is against public policy, is banned or restricted from being distributed under any applicable law or Z5X otherwise determine that it is objectionable or obscene or is derogatory to any person or class of persons, hurts the religious sentiments of any religious group or infringes the privacy rights of any individual(s) or is not in the interest of Z5X’s End Users or the general public.
5.3 In a credit card and/or debit card and/or net banking and/or cash card transaction and/or any other mode available, You must use Your own credit card and/or debit card and/or net banking account and/or cash card. You confirm and acknowledge that You are aware of the fact that when making any online payment through credit card or debit card or net banking account or cash card or via any other mode available, You may be directed to an external payment gateway page. The payment gateway may redirect You to other website(s) maintained or controlled by third parties, and Z5X does not control such third party website(s) and hence are not responsible for any transactions on such website(s). Z5X will not be liable for any credit card or debit card or net banking or cash card fraud, and Z5X will not entertain or address any such grievances or issues. You are requested to communicate all grievances related to such issues to Your bank or mobile carrier/operator or mobile wallet provider who has issued such credit card or debit card or net banking account or cash card. Z5X shall not be responsible for all or any dispute or difference relating to online payment made by Youthrough credit card or debit card or net banking account or cash card or via any other mode available. Further, Z5X will not be responsible for any financial loss, inconvenience or mental agony resulting from misuse of Your credit card or debit card or net banking account number or cash card and other details. Payments once made by credit card or debit card or net banking or cash cards or via any other mode available shall not be refunded in any circumstances. You are hereby advised to keep details of Your credit/debit card and net banking confidential and do not share any such details with any other third party.
5.4 ZEE5 is available in select countries only. Z5X would not be held responsible for hindrances in the access and use of ZEE5 due to geographical change in Your location. Further, You will be solely liable for accessing and using ZEE5 in the countries of Your use.
5.5 ZEE5 shall have the discretion to make certain or all Content that is a part of the Subscription available to You on either one or limited number of End User device concurrently.
6. OWNERSHIP
6.1 The Content on ZEE5 and the "ZEE5" word mark and the “ZEE5” design mark, as well as certain other of the names, logos, and materials displayed on or through ZEE5 that constitute trademarks, trade-names, service marks or logos ("Marks") are owned by or licensed to Z5X and are subject to copyright, trademark, and other intellectual property rights under Indian and/or applicable law of such geographical territory. You agree not to reproduce, duplicate, copy, download, stream capture, archive, upload, publish, broadcast, sell, resell, modify, translate, decompile, disassemble, reverse engineer or exploit for any purposes the ZEE5 or any portion of the ZEE5, including, without limitation, the Content and the Marks, except as authorized by these Terms of Use or as otherwise authorized in writing by Z5X. In addition, You are strictly prohibited from creating derivative works, or materials that otherwise are derived from or based on in any way the Content and the Marks, including montages, mash-ups and similar videos, wallpaper, desktop themes, greeting cards, and merchandise, except as authorized by these Terms of Use or as otherwise authorized in writing by Z5X. You must abide by all copyright notices, information, and restrictions contained in or associated with any Content. You must not remove, alter, interfere with, or circumvent any copyright, trademark, or other proprietary notices marked on the Content or any digital rights management mechanism, device or other content protection or access control measure (including, without limitation, geo-filtering and/or encryption) associated with the Content.
6.2 You hereby agree that all intellectual property rights, title and interest in the End User generated content published or generated on ZEE5 by You shall vest with Z5X.
7. RESTRICTIONS
7.1 It is hereby clarified that ZEE5 is provided for Your personal, non-commercial use only. You agree not to, either directly or through the use of any device, software, web-based service, or by other means, copy, download, archive, perform, display, upload, publish, transmit or retransmit the Content or create any work or material that is derived from or based on the Content, rent, lease, duplicate, sublicense, assign, pledge, loan, or resell the Content of ZEE5. You shall not translate, reverse engineer, decompile, disassemble ZEE5. You shall only use the ZEE5 on Device that is under Your exclusive control and ownership. You shall not permit any third party to benefit from the use or functionality of ZEE5, either directly or via any facility management, timesharing, service bureau or any other arrangement. If You transfer possession of any copy of ZEE5 to another party, Your subscription of ZEE5 shall automatically get terminated. All rights not expressly set forth hereunder are reserved exclusively by Z5X.
7.2. You are prohibited from using technology or other means to access, index, frame, or link ZEE5, in whole or in part that is not authorized by Z5X;
7.3 You hereby agree not to use ZEE5 for promoting services of competitors of Z5X;
7.4You hereby expressly agree to use ZEE5 in strict compliance with applicable laws;
7.5 You agree, undertake and confirm that Your use of ZEE5 shall be strictly governed by the following binding principles. If You are accessing and/or residing in India, You shall not host, display, upload, modify, publish, transmit, update or share any information that:
i. belongs to another person and to which You do not have any right to; or interferes with another End User`s use and enjoyment of ZEE5
ii. that is harmful, harassing, blasphemous, defamatory, obscene, pornographic, libellous, invasive of another`s privacy, hateful, or ethnically objectionable, disparaging, relating or encouraging money laundering or gambling, or otherwise unlawful in any manner whatever, or unlawfully threatening or unlawfully harassing including but not limited to "indecent representation of women" within the meaning of the Indecent Representation of Women (Prohibition) Act, 1986, of another person;
iii. misleading in any way; or
iv. is patently offensive to the online community, such as content that promotes paedophilia, racism, bigotry, or physical harm of any kind against any group or individual;
v. involves the transmission of "junk mail," "chain letters," or unsolicited mass mailing or "spamming"
vi. infringes upon intellectual property rights of third party or violates rights of privacy (including without limitation unauthorized disclosure of a person`s name, email address, physical address or phone number) or rights of publicity
vii. contains restricted or password-only access pages, or hidden pages or images
viii. provides material that exploits people in a violent or otherwise inappropriate manner or solicits personal information from anyone
ix. provides instructional information about illegal activities such as making or buying illegal weapons or providing or creating computer viruses
x. contains video, photographs, or images of another person without his or her express written consent and permission or the permission or the consent of his her guardian in the case of minor
xi. engages in commercial activities and/or sales without Our prior written consent such as contests, sweepstakes, barter, advertising etc. Throughout these Terms of Use, Our "prior written consent" means a communication coming from Our authorized representative, specifically in response to Your request, and specifically addressing the activity or conduct for which You seek authorization
xii. harm minors in any way
xiii. violates any law for the time being in force
xiv. threatens the unity, integrity, defence, security or sovereignty of India, friendly relations with foreign states, or public order or causes incitement to the commission of any cognizable offence or prevents investigation of any offence or is insulting to any other nation
xv.contains software virus, or any other computer code, file or program designed to interrupt, destroy or limit the functionality of any computer resource;
xvi. is patently false and untrue, and is written or published in any form, with the intent to mislead or harass a person, entity or agency for financial gain or to cause any injury to any person;
7.7 You shall not use any "deep-link", "page-scrape", "robot", "spider" or other automatic device, program, algorithm or methodology, or any similar or equivalent manual process, to access, acquire, copy or monitor any portion of ZEE5 or any Content, or in any way reproduce or circumvent the navigational structure or presentation of ZEE5 or any Content, to obtain or attempt to obtain any materials, documents or information through any means not purposely made available through ZEE5. We reserve the right to bar any such activity.
7.8 You shall not probe, scan or test the vulnerability of ZEE5 website or any network connected to ZEE5 nor breach the security or authentication measures on ZEE5 or any network connected to ZEE5. You may not reverse look-up, trace or seek to trace any information on any other End User of or visitor to ZEE5 to its source.
7.9 You agree that You will not take any action that imposes an unreasonable or disproportionately large load on the infrastructure of ZEE5 or any systems or networks connected to ZEE5.
7.10 You may not forge headers or otherwise manipulate identifiers in order to disguise the origin of any message or transmittal You send to Us on or through ZEE5 or any service offered on or through ZEE5. You may not pretend that You are, or that You represent, someone else, or impersonate any other individual or entity.
7.11 You shall not engage in advertising to, or solicitation of, other End Users of ZEE5 to buy or sell any products or services, including, but not limited to, services being displayed on or related to ZEE5.
7.12 Your correspondence or business dealings with, or participation in promotions of, third party advertisers found on or through ZEE5, including payment and delivery of goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between You and such third party advertiser. We shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such third party advertisers on ZEE5. You acknowledge and agree that Z5X is not responsible or liable for: (i) the availability or accuracy of such websites or resources or (ii) the content, products, or services on or available from such websites or resources. Links to such websites or resources do not imply any endorsement by Z5X of such websites or resources or the content, products, or services available from such websites or resources. You acknowledge sole responsibility for and assume all risks arising from Your use of any such websites or resources.
7.13 It is possible that other End Users (including unauthorized End Users or "hackers") may post or transmit offensive or obscene materials on ZEE5 and that You may be involuntarily exposed to such offensive and obscene materials. It also is possible for others to obtain personal information about You on the public forum due to Your use of ZEE5, and that the recipient may use such information to harass or injure You. We do not approve of such unauthorized uses but by browsing/using ZEE5, You acknowledge and agree that We shall not responsible for the use of any personal information that You publicly disclose or share with others on ZEE5. Please carefully select the type of information that You publicly disclose or share with others on ZEE5.
7.14 You give ZEE5 express rights and consent to display Your comment in relation to the relevant Content on the ZEE5 Application/website, including making it available to other members for viewing.
7.15 ZEE5 reserves the right to remove Your comment in relation to the relevant Content on ZEE5 Application at its sole discretion and/or upon on request of any third party, that such comment may create liability for ZEE5 or harm the reputation and /or goodwill of ZEE5 in any nature.
8. TERMINATION
Your right to use ZEE5 shall automatically terminate if You violate these Terms of Use or any terms, rules or guidelines published in connection with ZEE5. Z5X reserves the right, in its sole discretion, to suspend or terminate Your access to all or any part of ZEE5, for any reason, with or without notic8.2 As Subscription based End User, right to use ZEE5 shall automatically terminate on the expiry of the term of the Subscription Package. You may discontinue Your participation in and access to ZEE5 at any time. You agreed that upon suspension or termination, no amount shall be refunded to You by Z5X.
9. FEEDBACK
Z5X welcomes and encourages You to provide feedback, comments and suggestions for improvements to ZEE5 ("Feedback"). You may submit Feedback by emailing us at support.in@ZEE5.com. You acknowledge and agree that all Feedback will be the sole and exclusive property of Z5X and You hereby irrevocably assign to Z5X all of Your right, title, and interest in and to all Feedback, including without limitation all worldwide patent rights, copyright rights, trade secret rights, and other proprietary or intellectual property rights therein. At Z5X`s request and expense, You will execute documents and take such further acts as Z5X may reasonably request to assist Z5X to acquire, perfect, and maintain its intellectual property rights and other legal protections for the Feedback. You further acknowledge and agree that Z5X shall not be under an obligation to take any action pursuant to the Feedback provided by You. Z5X may, at its sole discretion, decide whether any action is required to be taken based on the Feedback received from You. You hereby expressly agree to indemnify and keep Z5X harmless against any liabilities that may suffered or incurred by Z5X as a consequence of any action taken by Z5X pursuant to Your Feedback.
10. WARRANTY DISCLAIMER
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ZEE5 IS PROVIDED ON AN "AS IS" BASIS WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED. WITHOUT LIMITING THE FOREGOING PROVISIONS, YOU ASSUME SOLE RISK AND RESPONSIBILITY FOR SELECTING ZEE5 TO ACHIEVE YOUR INTENDED RESULTS, AND SOLE RESPONSIBILITY FOR THE INSTALLATION OF, USE OF, AND RESULTS OBTAINED FROM ZEE5. WITHOUT LIMITING THE FOREGOING PROVISIONS, Z5X MAKES NO WARRANTY THAT ZEE5 WILL BE ERROR-FREE, VIRUS FREE, OR FREE FROM INTERRUPTIONS OR OTHER FAILURES OR THAT THE ZEE5 WILL SATISFY YOUR SPECIFIC REQUIREMENTS OR THAT THE ERRORS WILL BE RECTIFIED. YOU UNDERSTAND THAT ZEE5 AN BE BLOCKED OR MADE INOPERABLE AND Z5X ASSUMES NO RESPONSIBILITY OR LIABILITY FOR THE SAME. ZEE5 IS NOT FAULT-TOLERANT AND IS NOT DESIGNED OR INTENDED FOR USE IN HAZARDOUS ENVIRONMENTS REQUIRING FAIL-SAFE PERFORMANCE, INCLUDING WITHOUT LIMITATION, IN THE OPERATION OF NUCLEAR FACILITIES, AIRCRAFT NAVIGATION OR COMMUNICATION SYSTEMS, AIR TRAFFIC CONTROL, WEAPONS SYSTEMS, DIRECT LIFE-SUPPORT MACHINES, OR ANY OTHER APPLICATION IN WHICH THE FAILURE OF ZEE5 NETWORK COULD LEAD DIRECTLY TO DEATH, PERSONAL INJURY, OR SEVERE PHYSICAL OR PROPERTY DAMAGE (COLLECTIVELY, "HIGH RISK ACTIVITIES"). Z5X EXPRESSLY DISCLAIMS ANY EXPRESS OR IMPLIED WARRANTY OF FITNESS FOR HIGH RISK ACTIVITIES.
11. INDEMNIFICATION
YOU AGREE TO INDEMNIFY, DEFEND, AND HOLD HARMLESS Z5X, ITS SUBSIDIARIES, AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, CONSULTANTS AND AGENTS (“INDEMNIFIED PARTIES”) FROM AND AGAINST ANY AND ALL CLAIMS, LIABILITIES, DAMAGES, LOSSES, COSTS, EXPENSES, FEES (INCLUDING REASONABLE ATTORNEYS` FEES AND COSTS) THAT SUCH INDEMNIFIED PARTIES MAY INCUR AS A RESULT OF OR ARISING FROM (A) ANY INFORMATION (INCLUDING, WITHOUT LIMITATION, YOUR END USER GENERATED CONTENT, FEEDBACK, OR ANY OTHER CONTENT) YOU (OR ANYONE USING YOUR ACCOUNT) SUBMIT, POST, OR TRANSMIT ON OR THROUGH ZEE5 (B) YOUR (OR ANYONE USING YOUR ACCOUNT`S) USE OF THE ZEE5 (C) YOUR (OR ANYONE USING YOUR ACCOUNT`S) VIOLATION OF THESE TERMS OF USE OR (D) YOUR (OR ANYONE USING YOURACCOUNT`S) VIOLATION OF ANY RIGHTS OF ANY OTHER PERSON OR ENTITY, INCLUDING, WITHOUT LIMITATION, ANY COPYRIGHT, PATENT, TRADEMARK, TRADE SECRET OR OTHER PROPRIETARY RIGHTS OF ANY PERSON OR ENTITY. Z5X RESERVES THE RIGHT, AT ITS OWN EXPENSE, TO ASSUME THE EXCLUSIVE DEFENSE AND CONTROL OF ANY MATTER OTHERWISE SUBJECT TO INDEMNIFICATION BY YOU, IN WHICH EVENT YOU WILL COOPERATE WITH Z5X IN ASSERTING ANY AVAILABLE DEFENSES.
12. LIMITATION OF LIABILITY
UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY, WHETHER IN TORT, CONTRACT, OR OTHERWISE, SHALL Z5X BE LIABLE TO YOU OR TO ANY OTHER PERSON OR ENTITY FOR ANY INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, REMOTE OR CONSEQUENTIAL DAMAGES OR ANY OTHER DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, LOSS OF GOODWILL, LOSS OF CONFIDENTIAL OR OTHER INFORMATION, BUSINESS INTERRUPTION, WORK STOPPAGE, COMPUTER FAILURE OR MALFUNCTION, PERSONAL INJURY, LOSS OF PRIVACY, FAILURE TO MEET ANY DUTY INCLUDING A DUTY OF GOOD FAITH OR OF REASONABLE CARE, NEGLIGENCE (WHETHER ACTIVE OR PASSIVE), AND ANY OTHER PECUNIARY OR OTHER LOSS WHATSOEVER) ARISING OUT OF OR IN ANY WAY RELATED TO THE USE OR INABILITY TO USE ZEE5, LOSS OF DATA OR OTHERWISE UNDER OR IN CONNECTION WITH ANY PROVISION OF THESE TERMS OF USE, EVEN IN THE EVENT OF FAULT, TORT (INCLUDING NEGLIGENCE, AND GROSS NEGLIGENCE), STRICT LIABILITY, BREACH OF CONTRACT, OR BREACH OF WARRANTY BY Z5X, AND EVEN IF Z5X HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT WILL Z5X BE LIABLE FOR ANY DAMAGES IN EXCESS OF YOUR LAST RECHARGE AMOUNT FOR ZEE5. THIS LIMITATION OF LIABILITY SHALL NOT APPLY TO LIABILITY FOR DEATH OR PERSONAL INJURY TO THE EXTENT THAT APPLICABLE LAW PROHIBITS SUCH LIMITATION. THE FOREGOING PROVISIONS SHALL BE ENFORCEABLE TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW.
13. PRIVACY POLICY
All information provided by You or collected by us shall be governed in accordance with the Privacy Policy located at www.ZEE5.com/privacypolicy
14. RELATIONSHIP
The relationship between Z5X and You is on a principal-to-principal basis. You are in no way Z5X’s legal representative, partner or agent for any reason whatsoever.
15. EXPORT LAWS
You agree to comply fully with applicable export laws and regulations to ensure that ZEE5 are not exported or re-exported directly or indirectly in violation of, or used for any purposes prohibited by, such laws and regulations.
16. CONFIDENTIALITY
You agree that ZEE5, including, but not limited to, the object code components, provided to You is "Confidential Information" of Z5X. You shall retain all Confidential Information in strict confidence at least with the same amount of diligence that You exercise in preserving the secrecy of Your most-valuable information, but in no event less than reasonable diligence.
17. ASSIGNMENT
These Terms of Use are personal to You and You shall not assign, transfer, sub-contract or otherwise part with these Terms Of Use or any right or obligation under it without Z5X`s prior written consent. Any attempt by You to assign or transfer these Terms of Use, without such written consent, will be null and of no effect. Z5X may assign or transfer these Terms of Use to any third party, at its sole discretion, without restriction. Subject to the foregoing, these Terms of Use will bind and inure to the benefit of the parties, their successors, personal representatives and permitted assigns.
18. SEVERABILITY
If any provision of these Terms of Use is held to be unenforceable, the enforceability of the remaining provisions shall in no way be affected or impaired thereby.
19. WAIVER
The failure of Z5X to enforce or to exercise at any time or for any period any term of or any right pursuant to these Terms of Use shall not be construed as a waiver of any such right and shall in no way affect Z5X’s right later to enforce or exercise it.
20. ELECTRONIC COMMUNICATION
When You use or send any data, information or communication to Z5X, You agree and understand that You are communicating with Z5X through electronic records and You consent to receive communications via electronic records from Z5X periodically and as and when required. Z5X will communicate with You by email or any push or other message or electronic records on the email address and or mobile number available with Z5X which will be deemed adequate service of notice / electronic record.
21. NOTICE
21.1 Any notices or other communications required will be in writing and emailed to Z5X at support.in@ZEE5.com. For notices made by e-mail, the date of receipt will be deemed the date on which such notice is transmitted.
21.2 In the event You have any complaints with respect to any Content on ZEE5, please write to us at support.in@ZEE5.com. with details of the objectionable content and Your details including Your name and mobile number and such other details as may be requested by Us. Based on the complaint raised, we will take reasonable measures to resolve the issue. You hereby expressly agree that Z5X shall under no circumstance shall be liable to You for any damages whatsoever. Further, You hereby expressly agree that Z5X makes no representations under these Terms of Use that any complaint raised by You will be resolved to Your satisfaction. All steps to be taken by Z5X in this regard shall be at the sole discretion of Z5X.
21.1 If You have any claims with respect to the ownership of Content transmitted through ZEE5, please follow the “Ownership Claims and Dispute Resolution Mechanism” at www.ZEE5.com/privacypolicy.
22. LAW DISPUTES
These Terms Of Use and all matters arising from it are governed by and construed in accordance with the laws of UAE and courts of Dubai, UAE shall have exclusive jurisdiction over all disputes arising in connection with these Terms of Use.
23. ENTIRE AGREEMENT AND AMENDMENT
23.1 These Terms Of Use expressly supersedes and completely replaces any and all prior ‘Terms of Use’. Z5X shall not be bound by or liable to You for any pre-existing or contemporaneous written or oral representations or warranties, made by anyone, with respect to ZEE5, including any authorized agents, employees, or representatives.
23.2 Z5X reserves the right, at its sole discretion, to modify the Terms Of Use from time to time (“Updated Terms of Use”). The Updated Terms of Use shall be effective immediately and shall supersede these Terms of Use. Z5X shall not be under an obligation to notify You of any changes to the Terms of Use. You shall be solely responsible for reviewing the Terms of Use from time to time for any modifications. By continuing to use ZEE5 after the Updated Terms of Use have been published, You affirm YOUR agreement to the Updated Terms of Use.
24. CONTACT
You have any questions about these Terms of Use, please contact Z5X at support.in@ZEE5.com.