If you do not agree with any of these Terms of Service, please do not use or access Zedge, and if you do not agree to any changes we make in the future, you must terminate your registration with Zedge.
You are solely responsible to arrange and to pay for any service fees associated with your ability to access Zedge as well as any other equipment necessary to connect to the Service. You are responsible for ensuring that your equipment, software and use do not disturb or interfere with our operation of the Service. In the sole discretion of Zedge, any equipment, software or other usage that may cause any interference with the Service shall result in immediate disconnection from the Service.
Eligibility to Use Zedge. In order to use Zedge as a member or a visitor you must affirm that (i) you are able to understand, accept and abide by these Terms of Service; (ii) all registration information you provide will be accurate and truthful and you agree to update this information in a timely fashion; (iii) you are at least 16 years of age or older; and (iv) if you are not yet at least 18 years of age you are an emancipated minor or have consent of your parent or legal guardian. If you are not at least 16 years of age, unfortunately you cannot use Zedge. Please speak to your parents or guardian about another service that may be appropriate for you.
Termination. Should you violate or breach these Terms of Service, Zedge reserves the right, at its sole discretion and without notice, to suspend or terminate your membership, any and all content and information you may have provided and your ability to access any part of Zedge. Users with suspended or terminated accounts are prohibited from creating new accounts on Zedge. Even after termination of your account or access to Zedge, provisions 5, 9, 10, 11 and 12 of these Terms of Service shall remain in effect.
Your Responsibility for Your Conduct. You alone are responsible for your conduct on Zedge and for all the content you provide. Content may be provided to and appear on Zedge as text, graphics, images, audio, video, digital files, software or in other format (collectively, "Submissions"). Zedge does not endorse any Submissions that may appear on or through the Service and makes no warranties, express or implied, as to their accuracy and reliability. Zedge expressly disclaims any and all liability in connection with any and all such Submissions.
Your Responsibility for Your Safety. If you are 18 years or older, or are an emancipated minor, you alone are responsible for your physical and financial safety when you post information about yourself on Zedge, communicate with other members of the Zedge community or otherwise access services provided by Zedge. If you are under 18 years old and not an emancipated minor, both you and your parents or legal guardian are responsible for your physical and financial safety when you post information about yourself on Zedge, communicate with other members of the Zedge community, or otherwise access services provided by Zedge.
Member Disputes. You are solely responsible for your interactions with other Zedge members. Zedge reserves the right, but has no obligation, to monitor disputes between you and other members, and to take any action that Zedge, in its sole discretion, deems appropriate including but not limited to terminating the member account of any or all parties to the dispute.
When you provide Submissions to Zedge, you still retain all of your rights of ownership in your Submissions. However, by uploading, posting or otherwise transmitting your Submissions on or to Zedge, you grant Zedge (and its successors) a royalty-free, perpetual, irrevocable, transferable, worldwide, non-exclusive right (including any moral rights) and license to use, license, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, derive revenue or other remuneration from, communicate to the public, perform and display the content (in whole or in part) and/or to incorporate it in other works in any form, media, or technology now known or later developed, for the full term of any rights that may exist in such content. You also permit any subscriber to access, display, view, store and reproduce such content for personal use, as permitted by the Service and under these Terms of Service.
Other than Submissions you provide to Zedge, all content, software, scripts, images, graphics, audio, video and other materials in any form (collectively, "Zedge Content") are protected by copyrights, trade or service marks, patents or other proprietary rights and are owned by or licensed to Zedge, subject to intellectual property rights under United States and international laws and conventions. You understand and agree that all Zedge Content is provided to you solely on an AS IS basis for your personal use only and may not be copied, reproduced, distributed, broadcast, displayed, sold, licensed or otherwise used or exploited for any purpose and in any manner without the prior written consent of Zedge or the respective owners. Zedge reserves all rights not expressly granted to you. If you download, print or display any Zedge Content for personal use, you must retain all copyright and other proprietary notices.
Representations About Content You Provide. When you provide any Submissions to Zedge, you understand and accept complete responsibility for your Submissions, including any and all consequences that may arise. As such, you represent and warrant that you:
Prohibited Content Submissions. You may not create a user name, post, upload, email or otherwise transmit to Zedge Submissions of any kind that is, within the sole discretion of Zedge, determined to be commercial, illegal, offensive or potentially harmful to others including but not limited to content that:
Website Policies. In addition, agree to adhere to all of the following guidelines and requirements:
Despite these prohibitions, Submissions and/or websites that link to Zedge that may violate these Terms of Service may be available on the Service and Zedge assumes no responsibility or liability. If you become aware of such Submissions, please contact Zedge by clicking the "Report Abuse" link on the appropriate web page.
Provided with proper notification and documentation, Zedge will remove any Submission that infringes upon the intellectual property rights of another and reserves the right to remove any Submission without prior notice. Zedge assumes no responsibility for monitoring the Service. In the event Zedge chooses to review any Submission (such review is solely within Zedge's discretion), Zedge assumes no responsibility for the Submissions or any obligation to remove any inappropriate Submissions or any responsibility for the conduct of a member submitting inappropriate Submissions. At its sole discretion, Zedge may remove any Submission and/or terminate a member's account for violating any of these Terms of Service at any time and without notice. Zedge will terminate a member's account who is determined to have been notified of infringing activity multiple times and/or has had a Submission removed from the Service multiple times for infringing activity. Zedge reserves the right, but not the obligation, to take any appropriate legal action for any illegal or unauthorized use of the Service or violation of the Terms of Service.
If you believe in good faith that any material provided through the Service infringes upon your copyright, you may send notice to Zedge requesting that the material or access to the material be removed, pursuant to the Digital Millennium Copyright Act ("DMCA"), by providing our Copyright Agent with the following information in writing (see 17 U.S.C 512(c)(3) and http://www.loc.gov/copyright for further details). The notice must include all of the following:
If you believe in good faith that a notice of copyright infringement has been wrongly filed against you, you may send Zedge a counter-notice. All notices with respect to Zedge should be sent to the Zedge Copyright Agent. Zedge suggests that you consult your legal advisor before filing a notice or counter-notice. You expressly acknowledge and agree that Zedge shall not be liable to you under any circumstances for declining to replace material. Also, be aware that there can be penalties for false claims under the DMCA.
Zedge's designated Copyright Agent to receive notifications of claimed infringement is:
Zedge Holdings, Inc.
22 Cortlandt Street
Fax: +1 973 453 8200
Only DMCA notices should go to the Copyright Agent. Any other request, feedback or comments should be sent directly to Zedge: email@example.com.
YOU EXPRESSLY AGREE THAT USE OF THE SERVICE IS AT YOUR SOLE RISK AND THAT THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. ZEDGE, ITS AFFILIATES, AND THEIR OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS (HEREINAFTER "ZEDGE GROUP") DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT.
ZEDGE GROUP MAKES NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THE CONTENT PROVIDED ON OR VIA THE SERVICE AND ZEDGE GROUP ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (I) ERRORS, OMISSIONS OR INACCURACIES OF CONTENT OR SUBMISSIONS, (II) PERSONAL INJURY OR PROPERTY DAMAGE OF ANY NATURE RESULTING FROM YOUR ACCESS TO AND USE OF THE SERVICE, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION THAT MAY BE CONTAINED THEREIN, (IV) ANY DELETION OF DATA OR INTERRUPTION OR DISCONTINUENCE OF TRANSMISSION TO OR FROM OR THROUGH THE SERVICE, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, MALICIOUS CODE OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH THE SERVICE BY ANY USER OR THIRD PARTY, AND/OR (V) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT OR SUBMISSIONS THAT MAY BE UPLOADED TO OR OTHERWISE MADE AVAILABLE THROUGH THE SERVICE.
ZEDGE GROUP IS NOT RESPONSIBLE FOR ANY CONTENT OR TRANSACTIONS THAT IS CONTAINED OR MAY BE AVAILABLE OUTSIDE THE SERVICE. ZEDGE GROUP MAKES NO REPRESENTATIONS, WARRANTEES, GUARANTEES OR ANY ENDORSEMENTS AS TO THE QUALITY, SUITABILITY, FUNCTIONALITY OR LEGALITY OF ANY PRODUCTS, SERVICES OR OTHER OFFERINGS THAT MAY BE ADVERTISED OR MADE AVAILABLE BY A THIRD PARTY THROUGH THE SERVICE OR WHICH MAY BE LINKED TO THE SERVICE SUCH AS IN ADVERTISING OR A SUBMISSION. ACCORDINGLY, ZEDGE GROUP WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR ANY TRANSACTION THAT MAY OCCUR BETWEEN YOU AND SUCH THIRD PARTIES AND YOU SHOULD ALWAYS USE PRUDENT JUDGMENT AND READ THE PRIVACY POLICIES ON WEBSITES OF SUCH THIRD PARTIES.
Zedge reserves the right to change any and all content, software and other items used or contained at Zedge and any services and applications offered through the Zedge site at any time without notice.
IN NO EVENT SHALL ZEDGE GROUP BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES, INCLUDING LOST PROFIT DAMAGES ARISING FROM YOUR USE OF THE SERVICE IN ANY MANNER, EVEN IF ZEDGE GROUP HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION AND, REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO ZEDGE GROUP FOR THE SERVICE DURING THE TERM OF MEMBERSHIP. YOU SPECIFICALLY AGREE AND UNDERSTAND THAT ZEDGE GROUP IS NOT LIABLE TO YOU FOR ANY SUBMISSIONS OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY AND THAT YOU ALONE ACCEPT SUCH RISK OF HARM.
You agree to defend, indemnify and hold harmless the Zedge Group from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney's fees) arising from: (i) your use of and access to the Service; (ii) your violation of any term of these Terms of Service; (iii) your violation of any third party right, including without limitation any copyright, property, or privacy right; or (iv) any claim that one of your Submissions caused damage to a third party. This defense and indemnification obligation will survive these Terms of Service and your use of the Service.
You agree that the Service provided by Zedge shall be deemed solely provided and based in the State of New Jersey, USA, and that the Service shall be deemed a passive online site that does not give rise to personal jurisdiction over Zedge, either specific or general, in jurisdictions other than the State of New Jersey. Any dispute that arises between you and Zedge shall be governed by the laws of the State of New Jersey, USA, without regard to conflict of law provisions, and you agree to exclusive personal jurisdiction and venue in the state and federal courts of the United States located in Essex County, New Jersey. These Terms of Service, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by Zedge without restriction. Should any provision of these Terms of Service be invalidated by any court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms of Service, which shall remain in full force and effect. No presumptions shall be made against the drafter of this agreement. These Terms of Service, together with the Privacy Notice at http://www.zedge.net/privacy/ and any other legal notices published by Zedge on the Service, shall constitute the entire agreement between you and Zedge regarding the Service. No waiver of any term of this these Terms of Service shall be deemed a further or continuing waiver of such term or any other term, and Zedge's failure to assert any right or provision under these Terms of Service shall not constitute a waiver of such right or provision. YOU AND ZEDGE AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE SERVICE MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES, OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.
Please contact us at Zedge should you have any questions regarding these Terms of Service.