1. THE SERVICE
The Zonzia Streaming service (the “Service”) offers digitized versions of movies, television shows, sporting events, news events, and other video content (collectively, “Digital Content”) and other services under the conditions set forth in this Agreement. The Service allows you to access and view Digital Content by streaming or downloading a copy. As indicated on the product detail pages of the Service, Digital Content is available for streaming only.
2. COMPATIBLE DEVICES
In order to be able to stream or download, and view, Digital Content on the Service, you will need to use a personal computer, portable media player, or other device that meets the system and compatibility requirements that we establish from time to time and is otherwise capable of interacting with the Service (each such device, a “Compatible Device”). Some Compatible Devices may be used only to stream Digital Content, some Compatible Devices may be used only to download Digital Content, and some Compatible Devices may be used to stream and download Digital Content. We may change the requirements for Compatible Devices from time to time and, in some cases, whether a device is (or remains) a Compatible Device may depend on software or systems provided or maintained by the device manufacturer or other third parties. As a result, devices that are Compatible Devices at one time may cease to be Compatible Devices in the future.
3. LIMITED TO U.S.
Due to restrictions placed on us by our content providers, we are currently only able to make the Service available to customers located in the United States. We regret that you may not use the Service if you are outside of the United States. “United States” refers to the United States and U.S. territories.
4. DIGITAL CONTENT
a. General. The Service may allow you to access Digital Content on a free, ad-supported or promotional basis for viewing over a limited period of time (“Free Digital Content”). Digital Content will be available as Free Digital Content. From time to time, we may add or remove Digital Content from the Service and may change the basis on which Digital Content is available.
b. Usage Rules. Your use of Digital Content is subject to the Zonzia Streaming Usage Rules (the “Usage Rules”). The Usage Rules provide important information, including the time period during which you are authorized to view different types of Digital Content (the “Viewing Period”) and limitations on the number and type of Compatible Devices on which each type of Digital Content may be downloaded, streamed, and viewed.
c. License to Digital Content. Subject to account registration, access to Digital Content, and your compliance with all terms of this Agreement, Zonzia grants you a personal, non-exclusive, non-transferable, non-sublicensable, license, during the applicable Viewing Period, to access, view, use and display the Digital Content in accordance with the Usage Rules, for Non-Commercial, Private Use. “Non-Commercial, Private Use” means a presentation of Digital Content for which no fee or consideration of any kind is charged or received, which takes place in your private home or apartment or, if outside your private home or apartment (e.g., in a hotel room, dorm room, office, or airport waiting lounge) is limited to a private viewing for you and your invitees. Non-Commercial, Private Use specifically excludes any public presentation (e.g., a presentation in a dorm lounge) and any presentation by a place of public accommodation or other commercial establishment (e.g., a bar or restaurant), even if no fee is charged for viewing the Digital Content. To simplify your viewing and management of Digital Content that has a limited Viewing Period (such as Rental Digital Content and Subscription Digital Content), we may automatically remove that Digital Content from your Compatible Device after the end of its Viewing Period, and you consent to such automatic removal.
d. Availability of Digital Content. Digital Content will generally continue to be available to you for download or streaming from the Service, as applicable, but may become unavailable due to potential content provider licensing restrictions and for other reasons, and Zonzia will not be liable to you if Digital Content becomes unavailable for further streaming.
e. Streaming. When you stream Digital Content, the resolution and quality of the Digital Content you receive will depend on a number of factors, including the type of Compatible Device on which you are streaming the Digital Content and your bandwidth, which may increase or decrease over the course of your viewing. If we detect that Digital Content we are streaming to you may be interrupted or may otherwise not play properly due to bandwidth constraints or other factors, we may decrease the resolution and file size of the Digital Content we stream to you in an effort to provide an uninterrupted viewing experience. While we strive to provide you a high quality viewing experience, we make no guarantee as to the resolution or quality of the Digital Content you will receive when streaming.
f. General Restrictions. You may not transfer, copy or display the Digital Content, except as permitted in this Agreement. In addition, you may not: (i) sell, rent, lease, distribute, or broadcast any right to the Digital Content to any third party; (ii) remove any proprietary notices or labels on the Digital Content; (iii) attempt to disable, bypass, modify, defeat, or otherwise circumvent any digital rights management system used as part of the Service; or, (iv) use the Service or Digital Content for any commercial or illegal purpose.
a. Use of the Software. We may make available software for your use in connection with the Service (the “Software”). Terms contained in the Zonzia.com Conditions of Use apply to your use of the Software. For additional terms that apply to certain third-party Software, click here.
b. Information Provided to Zonzia. The Software may provide Zonzia with data about your Compatible Device and its interaction with the Service (such as device type, network connectivity, IP address of the device and unique device identifiers that allow us to link your Compatible Device to your Service account). The Software may also provide Zonzia with information related to the Digital Content that you stream and your use of that Digital Content (such as whether and when you viewed the Digital Content, which may, among other things, help us measure the Viewing Period for Rental Digital Content). Any information we receive is subject to the Zonzia.com privacy notice located at https://www.zonzia.com/privacy.
7. ADDITIONAL TERMS
a. Termination. If you violate any of the terms of this Agreement, your rights under this Agreement will automatically terminate without notice from us, and Zonzia may, in its discretion, immediately revoke your access to the Service without notice to you. In such event, Zonzia may automatically discontinue your access to Digital Content.
b. Explicit Content. You understand that by using the Service, you may encounter content that may be offensive, indecent or objectionable; this content may or may not be identified as having explicit language or other attributes. Nevertheless, you agree to use the Service at your sole risk, and Zonzia has no liability to you for any content. Content types, genres categories, and descriptions are provided for convenience, and Zonzia does not guarantee their accuracy.
c. Communications. We may send you promotions or otherwise communicate with you electronically via e-mail, and you hereby consent to receive those communications, regardless of requests you may have indicated on the Zonzia.com website or by any other means. If you would like to stop receiving e-mail notifications from Zonzia Streaming, you must cancel all applicable Zonzia Streaming subscriptions, which may be cancelled here: Manage Your Subscriptions.
d. Modification of Service. Zonzia reserves the right to modify, suspend, or discontinue the Service, or any part thereof, at any time and without notice to you, and Zonzia will not be liable to you should it exercise such rights, even if your use of Digital Content is impacted by the change.
e. Amendments. Zonzia reserves the right to make changes to this Agreement at any time by posting the revised terms in connection with the Services or on Zonzia.com. Your continued use of the Service following any such changes will constitute your acceptance of such changes.
f. Reservation of Rights; Waiver. The Service and the Digital Content embody intellectual property that is protected by law. Copyright owners of Digital Content are intended third-party beneficiaries under the Agreement and may enforce the Agreement against you and invoke all rights under the Agreement including limitations of liability. Our failure to insist upon or enforce your strict compliance with the Agreement will not constitute a waiver of any of our rights.
g. Disputes/Binding Arbitration. Any dispute or claim arising from or relating to this Agreement or the Service is subject to the binding arbitration, governing law, disclaimer of warranties and limitation of liability and all other terms in the Zonzia.com Conditions of Use at https://www.zonzia.com/conditionsofuse. You agree to those terms by entering into this Agreement or using the Service.
h. Limitation of Liability. Without limiting the Disclaimer of Warranties and Limitation of Liability in the Zonzia.com Conditions of Use: (i) in no event shall our or our software licensors’ total liability to you for all damages (other than as may be required by applicable law in cases involving personal injury) arising out of or related to your use or inability to use the Software exceed the amount of zero dollars ($0.00); and (ii) in no event shall our or our Digital Content providers’ total liability to you for all damages arising from your use of the Service, the Digital Content, or information, materials or products included on or otherwise made available to you through the Service, exceed zero dollars ($0.00) related to your claim for damages. These limitations will apply to you even if the remedies fail of their essential purpose.
i. Contact Information. For communications concerning this Agreement, please write to Zonzia.com, Attn: Legal Department, 2580 Anthem Village Dr. Suite B-7, Henderson, NV 89074.
j. Severability. If any term or condition of the Agreement is deemed invalid, void, or for any reason unenforceable, that part will be deemed severable and will not affect the validity and enforceability of any remaining term or condition.