zzizzl knows that you care about how your personal information is used and shared, and we take your privacy seriously. Please read the following to learn more about our privacy policy.
Why we collect personal information
We collect your personal information because it helps us deliver a superior level of customer service. It enables us to give you convenient access to our products and services and focus on categories of greatest interest to you. In addition, your personal information helps us keep you posted on the latest film and video releases, special offers, and any other thing that we think you might be interested in.
What information we collect and how we may use it
There are a number of situations in which your personal information may help us give you a better service, for example:
• When you interact with zzizzl, we may collect personal information relevant to the situation, such as your name, mailing address, phone number, email address; information about the zzizzl films you own, such as their date of purchase; and information relating to a support or service issue.
• We also collect information for market research.
• We collect information regarding customer activities on our websites. This helps us to determine how best to provide useful information to you and to understand which parts of our websites, products, and Internet services are of most interest to you.
• We may use personal information to provide products that you have requested as well as for auditing, research, and analysis to improve zzizzl’s products and services.
Your zzizzl account and related information
The zzizzl website allows you to create a “zzizzl account” based on your personal information. This convenient service saves you time and allows for easier use of our web services. You create a personal profile — providing your name, and email address, as well as other information, such as your country— and choose a password for security. The system saves your information and assigns you a personal zzizzl account ID — in many cases simply your email address, because it’s unique and easy to remember. The next time you visit zzizzl all you need to do is enter your zzizzl account ID (your email address assigned to your account) and password.
If you use our talent channel, homemade channel or post a comment or review a video or film on the zzizzl website you should be aware that any information you share is visible to other users. Personally identifiable information you submit any of these areas can be read, collected, or used by other individuals. zzizzl is not responsible for the personally identifiable information you choose to submit in these areas. For example, if you choose to make information, which was previously non-public, available by enabling certain user features, zzizzl will collect that information from your interaction and the information will become publicly available.
Your zzizzl account personal information is protected by a password for your privacy and security. You need to ensure unauthorized access to your account and personal information by selecting and protecting your password appropriately and limiting access to your computer and browser by signing off after you have finished accessing your account.
When we disclose your information
zzizzl takes your privacy very seriously. zzizzl does not sell or rent your contact information to other marketers. We may, however, share your contact information with our service providers, vendors, and strategic partners.
There are also times when it may be advantageous for zzizzl to make certain personal information about you available to companies that zzizzl has a strategic relationship with or that perform work for zzizzl to provide products and services to you on our behalf. These companies may help us process information, extend credit, fulfil customer orders, deliver products to you, manage and enhance customer data, provide customer service, assess your interest in our products and services, or conduct customer research or satisfaction surveys. These companies are also obligated to protect your personal information in accordance with zzizzl’s policies, except if we inform you otherwise at the time of collection. Without such information being made available, it may be difficult for you to purchase new products other than films and videos made available through zzizzl or have such products delivered to you.
At times we may be required by law or litigation to disclose your personal information. zzizzl reserves the right at all times to disclose any information that zzizzl deems necessary to comply with any applicable law, regulation, legal process or governmental request. zzizzl also may disclose your information when zzizzl determines that applicable law requires or permits such disclosure, including exchanging information with other companies and organizations for fraud protection purposes.
How we protect your personal information
zzizzl takes precautions — including administrative, technical, and physical measures — to safeguard your personal information against loss, theft, and misuse, as well as unauthorized access, disclosure, alteration, and destruction.
Any personal data you submit to zzizzl is kept in a secure environment behind a firewall system in compliance with the Data Protection Act 1998. Any online purchase you make from the zzizzl store takes place within a secure environment, secured by an appropriate payment merchant.
ZZIZZL DOES NOT STORE ANY CREDIT CARD OR DEBIT CARD DETAILS.
Integrity of your personal information
zzizzl has safeguards in place to keep your personal information accurate, complete, and up to date for the purposes for which it is used. Naturally, you always have the right to access and correct the personal information you have provided. You can help us ensure that your contact information and preferences are accurate, complete, and up to date by checking at www. zzizzl.com/myzzizzl/myaccount.
Cookies and other technologies
As is standard practice on many websites, zzizzl’s website uses “cookies” and other technologies to help us understand which parts of our websites are the most popular, where our visitors are going, and how much time they spend there. We also use cookies and other technologies to make sure that our online advertising is bringing customers to our products and services. We use cookies and other technologies to study traffic patterns on our website, to make it even more rewarding as well as to study the effectiveness of our customer communications. We also use cookies to customize your experience and provide greater convenience each time you interact with us.
If, however, you prefer not to enable cookies, please disable your cookies. Please note that certain features of the zzizzl website will not be available once cookies are disabled.
As is true of most websites, we gather certain information automatically and store it in log files. This information includes Internet Protocol (IP) addresses, browser type, Internet Service Provider (ISP), referring/exit pages, operating system, date/time stamp, and clickstream data.
We use this information, which does not identify individual users, to analyze trends, to administer the site, to track users’ movements around the site and to gather general demographic information about our user base as a whole.
In some of our email messages we use a “click-through URL” linked to content on the zzizzl website. When customers click one of these URLs, they pass through our web server before arriving at the destination web page. We track this click-through data to help us determine interest in particular topics and measure the effectiveness of our customer communications. If you prefer not to be tracked simply avoid clicking text or graphic links in the email.
zzizzl’s website has links to the sites of other companies. zzizzl is not responsible for their privacy practices. We encourage you to learn about the privacy policies of those companies.
Privacy questions
If you have questions or concerns about zzizzl’s Customer Privacy Policy or data processing, please contact us by going to our Contact Us page.
If you do not want zzizzl to keep you up to date with zzizzl news and the latest information on products and services click www.zzizzl.com/myzzizzl/myaccount and update your personal contact information and preferences. Naturally, if you notify us that you do not want us to use your information for a particular purpose, we will not do so.
zzizzl may update its privacy policy from time to time. When we change the policy in a material way a notice will be posted on our website along with the updated privacy policy. You are bound by any changes to the privacy policy when you use the website after such changes have been first posted.
These terms and conditions are in accordance with the Copyright, Designs and Patents Act 1988.
Last updated August 15, 2008
© 2008 zzizzl films ltd. All rights reserved.
A copyright is a property right in an original work of authorship. Copyright is recognized in most countries of the world by statutory copyright laws.
Copyright exists in the expression of an idea, but not the idea itself. Copyrightable expressions can take many forms but are usually categorized as literary, musical, dramatic, pantomime and choreography, pictorial, graphic, sculptural, computer programs, motion pictures, and sound recordings.
Procedure for Making Claims of Copyright Infringement
If you believe that your work has been copied in a way that constitutes infringement on the zzizzl Web site, please refer to Claims of Copyright Infringement.
Rights and Permissions
If you have any questions concerning the usage or licensing of copyrighted material by zzizzl, for example, photographs, video footage, or other zzizzl materials, please submit your detailed request in writing. Please be sure to include any surrounding copy or text to the material.
Marketing or advertising requests (which may include promotions/givewaways, sponsorship, product placement and partnership requests) may be emailed to marcomATzzizzl.com or you may contact us through our contact page at http://www.zzizzl.com/contact.
For use of zzizzl copyrighted or trademarked material in third party works (eg., books, publications or media/broadcast) please email your detailed request to adminATzzizzl.com and include the following:
* Specific image(s) or material for which you are seeking permission
* Surrounding copy or text to the zzizzl material you wish to use in
your project
* Publisher, if applicable
* Publishing date (and countries), if applicable
* Title, if applicable
* How zzizzl and its products fit into your project
* Your deadline
Claims of Copyright Infringement
zzizzl films ltd. ("zzizzl") respects the intellectual property rights of others, and we ask our users to do the same. zzizzl may, in its sole discretion, terminate the accounts of users who violate others’ intellectual property rights.
If you believe that your work appears on the zzizzl web site and has been copied in a way that constitutes infringement, please provide the following information to zzizzl’s copyright department:
• an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;
• a description of the copyrighted work that you claim has been infringed;
• a description of where the material that you claim is infringing is located on the site;
• your address, telephone number, and email address;
• a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
• a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.
zzizzl’s Copyright Dept.
Facsimilie: +44 (0) 709-285-7929
email: copyrightATzzizzl.com
THIS IS A LEGAL AGREEMENT BETWEEN YOU AND ZZIZZL FILMS LTD. ("ZZIZZL") STATING THE TERMS THAT GOVERN YOUR USE OF ZZIZZL FILMS. THIS AGREEMENT, TOGETHER WITH ALL UPDATES, ADDITIONAL TERMS AND ALL OF ZZIZZL’S RULES AND POLICIES REFERRED TO IN THIS AGREEMENT, COLLECTIVELY CONSTITUTE THE "AGREEMENT" BETWEEN YOU AND ZZIZZL. IF YOU DO NOT "AGREE" TO THESE TERMS DO NOT USE THE SERVICE. YOU MUST ACCEPT AND ABIDE BY THESE TERMS AS PRESENTED TO YOU HEREIN; CHANGES, ADDITIONS, OR DELETIONS MADE BY YOU ARE NOT ACCEPTABLE, AND ZZIZZL MAY REFUSE ACCESS TO THE ZZIZZL WEBSITE FOR NON-COMPLIANCE WITH ANY PART OF THIS AGREEMENT.
1. Definition of the zzizzl films download service. zzizzl films is the provider of zzizzl.com (the “Service”) that permits you to purchase downloads of digital content, such as sound recordings and videos (“Product”), under certain terms and conditions as set forth in this Agreement.
2. Objectionable Material. You understand that by using the Service, you may encounter content that may be deemed offensive, indecent, or objectionable, which content may or may not be identified as having explicit language. Nevertheless, you agree to use the Service at your sole risk and that zzizzl shall have no liability to you for content that may be found to be offensive, indecent, or objectionable. Content types (including genres/channels and sub-genres/sub-channels and the like) and descriptions are provided for convenience, and you acknowledge and agree that zzizzl does not guarantee their accuracy.
3. System Requirements. Use of the Service requires a compatible device, Internet access (fees may apply), and certain software (fees may apply), and may require obtaining updates or upgrades from time to time. Because use of the Service involves hardware, software, and Internet access, your ability to use the Service may be affected by the performance of these factors. High speed Internet access is strongly recommended. You acknowledge and agree that such system requirements, which may be changed from time to time, are your responsibility. The Service is not part of any other product or offering, and no purchase or obtaining of any other product shall be construed to represent or guarantee you access to the Service.
4. Policies and Rules. Your use of the Service and purchases made through it are subject to the zzizzl Terms of Sale, available on the website and any end-user agreements or other terms and conditions required for use of the Service, all of which are hereby made a part of this Agreement. If you have not already read zzizzl’s Terms of Sale, you should do so now.
5. zzizzl films Privacy Policy. Except as otherwise expressly provided for in this Agreement, the Service is subject to zzizzl’s Privacy Policy available for viewing on the website, which is expressly made a part of this Agreement. If you have not already read zzizzl’s Privacy Policy, you should do so now.
6. Your Information. You agree to provide accurate, current, and complete information required to register with the Service and at other points as may be required in the course of using the Service ("Registration Data"). You further agree to maintain and update your Registration Data as required to keep it accurate, current, and complete. zzizzl may terminate your rights to any or all of the Service if any information you provide is false, inaccurate or incomplete. You agree that zzizzl may store and use the Registration Data you provide for use in maintaining your accounts.
7. User Account and Security.
a. Account and Password. As a registered user of the Service, you may receive or establish an account (“Account”). You are solely responsible for maintaining the confidentiality and security of your Account. You should not reveal your Account information to anyone else or use anyone else’s Account. You are entirely responsible for all activities that occur on or through your Account, and you agree to immediately notify zzizzl of any unauthorised use of your Account or any other breach of security. zzizzl shall not be responsible for any losses arising out of the unauthorised use of your Account which is not due to the negligence of zzizzl.
8. Purchase of zzizzl Content
a. Products Requirements. You acknowledge that use of Products may require the use of other hardware and software products (e.g., the ability to make copies of Products on physical media and render performance of Products on authorised digital player devices), and that such hardware and software is your responsibility. Once a Product is purchased and you receive the Product, it is your responsibility not to lose, destroy, or damage the Product, and zzizzl shall be without liability to you in the event of any loss, destruction, or damage to Products which is not due to the negligence of zzizzl.
Usage Rules.
(i) Your use of the Products is conditional upon your prior acceptance of the terms of this Agreement.
(ii) You shall be authorised to use the Products only for personal, non-commercial use, and not for redistribution, transfer, assignment or sublicence, to the extent permitted by law.
(iii) You shall be entitled to export, burn (if applicable) or copy Products solely for personal, non-commercial use.
(iv) Any burning (if applicable) or exporting capabilities are solely an accommodation to you and shall not constitute a grant or waiver (or other limitation or implication) of any rights of the copyright owners in any audio or video content, sound recording, underlying musical composition, or artwork embodied in any Product.
(v) You agree that you will not attempt to, or encourage or assist any other person to, circumvent or modify any security technology or software that is part of the Service or used to administer the Usage Rules.
(vi) The delivery of Products does not transfer to you any commercial or promotional use rights in the Products.
(vii) zzizzl Products do not contain security technology that limits your usage of such Products. You may copy, store and burn zzizzl Products as reasonably necessary for personal, non-commercial use.
c. You agree that your purchase of Products constitutes your acceptance of and agreement to use such Products solely in accordance with the Usage Rules, Terms of Service and Terms of Use, and that any other use of the Products may constitute a copyright infringement. The Usage Rules shall govern your rights with respect to the Products, in addition to any other terms or rules that may have been established between you and another party. zzizzl reserves the right to modify the Usage Rules at any time.
d. You acknowledge that some aspects of the Service, Products, and administering of the Usage Rules entails the ongoing involvement of zzizzl. Accordingly, in the event that zzizzl changes any part of the Service or discontinues the Service, which zzizzl may do at its election, you acknowledge that you may no longer be able to use Products to the same extent as prior to such change or discontinuation, and that zzizzl shall have no liability to you in such case.
e. The Service may offer interactive features that allow you to, among other things, submit or post information, materials or links to third party content on areas of the Service accessible and viewable by other users of the Service and the public. You represent and agree that any use by you of such features, including any information, materials or links submitted or posted by you, shall be your sole responsibility, shall not infringe or violate the rights of any other party or violate any laws, contribute to or encourage infringing or otherwise unlawful conduct, or otherwise be obscene, objectionable or in poor taste, and that you have obtained all necessary rights, licences or clearances. You further agree to provide accurate and complete information in connection with your submission or posting of any information or materials on the Service. Moreover, you hereby grant zzizzl a worldwide, royalty-free, non-exclusive licence to use such materials as part of the Service, and in relation to Products, without any compensation or obligation to you.
zzizzl reserves the right not to post or publish any materials, and to delete, remove or edit any material, at any time in its sole discretion without notice or liability.
zzizzl has the right, but not the obligation, to monitor any information and materials submitted or posted by you or otherwise available on the Service, to investigate any reported or apparent violation of this Agreement, and to take any action that zzizzl in its sole discretion deems appropriate, including, without limitation, under Section 13 below (Termination).
9. Territory. The Service is available worldwide. Where Products are restricted to certain territories, you agree not to use or attempt to use the Service from outside of the available territory, and that zzizzl may use technologies to verify your compliance.
10. Agreement to Pay.
a. Payment for Products. You agree to pay for all Products you purchase through the Service, and that zzizzl may charge your payment card or PayPal® account for any Products purchased, and for any additional amounts (including any taxes and late fees, as applicable) as may be accrued by or in connection with your Account. YOU ARE RESPONSIBLE FOR THE TIMELY PAYMENT OF ALL FEES AND FOR PROVIDING ZZIZZL WITH A VALID PAYPAL ACCOUNT OR PAYMENT DETAILS FOR PAYMENT OF ALL FEES. All fees will be billed to the PayPal® account, or payment card, you designate during the registration process. If you want to designate a different PayPal® account or payment card or if there is a change in your payment card or PayPal® account status, you must change your payment card or PayPal® account information online at the Account Info [Dennis, please make sure this section exists] section of the Service. (There may be a temporary disruption of your access to the Service until zzizzl can verify the validity of the new payment card or PayPal® account information.)
b. Right to Change Prices and Availability of Products. Prices and availability of any Products are subject to change at any time.
c. Electronic Signatures and Contracts. Your use of the Service includes the ability to enter into agreements and/or to make purchases electronically. YOU ACKNOWLEDGE THAT YOUR ELECTRONIC SUBMISSIONS CONSTITUTE YOUR AGREEMENT AND INTENT TO BE BOUND BY AND TO PAY FOR SUCH AGREEMENTS AND PURCHASES. YOUR AGREEMENT AND INTENT TO BE BOUND BY ELECTRONIC SUBMISSIONS APPLIES TO ALL RECORDS RELATING TO ALL TRANSACTIONS YOU ENTER INTO ON THIS SITE, INCLUDING NOTICES OF CANCELLATION, POLICIES, CONTRACTS, AND APPLICATIONS.
d. In order to access and retain your electronic records, you may be required to have certain hardware and software, which are your sole responsibility.
11. Delivery of Products.
a. Interrupted Delivery to portable device. If delivery of a Product you purchased on a portable device is interrupted, your purchase will be included in your download queue. You may resume the delivery to your device by going to “my zzizzl – my films” on the zzizzl website.
b. Technical Problems. On occasion, technical problems may delay or prevent delivery of your Product. Your exclusive and sole remedy with respect to Product that is not delivered within a reasonable period will be either replacement of such Product, or refund of the purchase price paid for such Product, as determined by zzizzl. Your statutory rights are not affected.
12. Intellectual Property.
a. Acknowledgement of Ownership. You agree that the Service, including but not limited to Products, graphics, audio clips, and editorial content, contains proprietary information and material that is owned by zzizzl and/or its licensors, and is protected by applicable intellectual property and other laws, including but not limited to copyright, and that you will not use such proprietary information or materials in any way whatsoever except for use of the Service in compliance with the terms of this Agreement. No portion of the Service may be reproduced in any form or by any means, except as expressly permitted hereunder. You agree not to modify, rent, lease, loan, sell, distribute, or create derivative works based on the Service or a Product, in any manner, and you shall not exploit the Service in any unauthorised way whatsoever, including but not limited to, by trespass or burdening network capacity.
b. Removal of zzizzl Content or Other Materials. Notwithstanding any other provision of this Agreement, zzizzl and its licensors reserve the right to change, suspend, remove, or disable access to any Products, content, or other materials comprising a part of the Service at any time without notice. In no event will zzizzl be liable for the removal of or disabling of access to any such Products, content or materials under this Agreement. zzizzl may also impose limits on the use of or access to certain features or portions of the Service, in any case and without notice or liability.
c. Copyrights. All copyrights in and to the Service or a Product, including but not limited to, the zzizzl store (including the compilation of content, postings, links to other Internet resources, and descriptions of those resources), are owned by zzizzl and/or its licensors, who reserve all of their rights in law and equity. THE USE OF ANY PART OF THE SERVICE, EXCEPT FOR USE OF THE SERVICE AS PERMITTED IN THESE TERMS OF SERVICE, IS STRICTLY PROHIBITED AND INFRINGES ON THE INTELLECTUAL PROPERTY RIGHTS OF OTHERS AND MAY SUBJECT YOU TO CIVIL AND CRIMINAL PENALTIES, INCLUDING POSSIBLE MONETARY DAMAGES, FOR COPYRIGHT INFRINGEMENT.
d. Trademarks. zzizzl, the zzizzl logo, zzizzl.com, and other zzizzl trademarks, service marks, graphics, and logos used in connection with the Service are trademarks or registered trademarks of zzizzl films ltd. in the U.K. and/or other countries. Other trademarks, service marks, graphics, and logos used in connection with the Service or a Product may be the intellectual property of their respective owners. You are granted no right or licence with respect to any of the aforesaid intellectual property and any use of such intellectual property.
13. Termination.
a. Termination by zzizzl. If you fail, or zzizzl suspects that you have failed, to comply with any of the provisions of this Agreement, including but not limited to failure to make payment of fees due, failure to provide zzizzl with a valid payment card or PayPal® account or with accurate and complete Registration Data, failure to safeguard your Account information, violation of the Usage Rules, or infringement or other violation of third parties’ rights, zzizzl, at its sole discretion, without notice to you may: (i) terminate this Agreement and/or your Account, and you will remain liable for all amounts due under your Account up to and including the date of termination; and/or (ii) preclude your access to the Service (or any part thereof).
b. Termination of the Service. zzizzl reserves the right to modify, suspend, or discontinue the Service (or any part or content thereof) at any time with or without notice to you, and zzizzl will not be liable to you or to any third party should it exercise such rights.
14. General Compliance with Laws. The Service is controlled and operated by zzizzl from its offices in the UK. You agree to comply with all laws and regulations that apply to your use of the Service. This site is owned and operated by zzizzl and is protected by international copyright and trademark laws.
15. Enforcement of These Terms. zzizzl reserves the right to takes steps zzizzl believes are reasonably necessary or appropriate to enforce and/or verify compliance with any part of this Agreement (including but not limited to zzizzl’s right to cooperate with any legal process relating to your use of the Service and/or Products, and/or a third party claim that your use of the Service and/or Products is unlawful and/or infringes such third party’s rights). You agree that zzizzl has the right, without liability to you, to disclose any Registration Data and/or Account information to law enforcement authorities, government officials, and/or a third party, as zzizzl believes is reasonably necessary or appropriate to enforce and/or verify compliance with any part of this Agreement (including but not limited to zzizzl’s right to cooperate with any legal process relating to your use of the Service and/or Products, and/or a third party claim that your use of the Service and/or Products is unlawful and/or infringes such third party’s rights).
16. No Responsibility for Third-Party Materials or Web sites. Certain content, Products, and services available via the Service may include materials from third parties. In addition, zzizzl may provide links to certain third party Web sites. You acknowledge and agree that zzizzl is not responsible for examining or evaluating the content or accuracy of any such third-party material or Web sites. zzizzl does not warrant or endorse and does not assume and will not have any liability or responsibility for any third-party materials or Web sites, or for any other materials, products, or services of third parties. Links to other Web sites are provided solely as a convenience to you. You agree that you will not use any third-party materials in a manner that would infringe or violate the rights of any other party, and that zzizzl is not in any way responsible for any such use by you.
17. Disclaimer of Warranties; Liability Limitations.
a. ZZIZZL WARRANTS THAT IT WILL PROVIDE THE SERVICE WITH REASONABLE CARE AND SKILL AND SUBSTANTIALLY IN ACCORDANCE WITH THIS AGREEMENT. ZZIZZL DOES NOT MAKE ANY OTHER PROMISES OR WARRANTIES ABOUT THE SERVICE. WITHOUT LIMITATION TO THE FOREGOING:
(i) ZZIZZL DOES NOT GUARANTEE, REPRESENT, OR WARRANT THAT YOUR USE OF THE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE, AND YOU AGREE THAT FROM TIME TO TIME ZZIZZL MAY REMOVE THE SERVICE FOR INDEFINITE PERIODS OF TIME, OR CANCEL THE SERVICE AT ANY TIME, WITHOUT NOTICE TO YOU;
(ii) ZZIZZL DOES NOT REPRESENT OR GUARANTEE THAT THE SERVICE WILL BE FREE FROM LOSS, CORRUPTION, ATTACK, VIRUSES, INTERFERENCE, HACKING, OR OTHER SECURITY INTRUSION, AND ZZIZZL DISCLAIMS ANY LIABILITY RELATING THERETO. YOU SHALL BE RESPONSIBLE FOR BACKING UP YOUR OWN SYSTEM, INCLUDING ANY PRODUCTS PURCHASED FROM THE ZZIZZL WEBSITE THAT ARE STORED IN YOUR SYSTEM.
b. EXCEPT AS SET OUT IN SECTION 18(d), IN NO CASE SHALL ZZIZZL, ITS DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, AGENTS, CONTRACTORS, OR LICENSORS BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY ZZIZZL, ITS EMPLOYEES OR AGENTS WHERE:
(i) THERE IS NO BREACH OF A LEGAL DUTY OF CARE OWED TO YOU BY ZZIZZL OR BY ANY OF OUR EMPLOYEES OR AGENTS;
(ii) SUCH LOSS OR DAMAGE IS NOT A REASONABLY FORESEEABLE RESULT OF ANY SUCH BREACH;
(iii) ANY INCREASE IN LOSS OR DAMAGE RESULTS FROM BREACH BY YOU OF ANY TERM OF THIS AGREEMENT.
ZZIZZL WILL NOT BE LIABLE FOR ANY LOSS OF INCOME, BUSINESS OR PROFITS, OR FOR ANY LOSS OR CORRUPTION OF DATA IN CONNECTION WITH YOUR USE OF THE SERVICE.
c. ZZIZZL SHALL USE REASONABLE EFFORTS TO PROTECT INFORMATION SUBMITTED BY YOU IN CONNECTION WITH THE SERVICES, BUT YOU ACKNOWLEDGE AND AGREE THAT YOUR SUBMISSION OF SUCH INFORMATION IS AT YOUR SOLE RISK, AND ZZIZZL HEREBY DISCLAIMS ANY AND ALL LIABILITY TO YOU FOR ANY LOSS OR LIABILITY RELATING TO SUCH INFORMATION IN ANY WAY.
d. NOTHING IN THIS AGREEMENT REMOVES OR LIMITS ZZIZZL’S LIABILITY FOR FRAUD, FOR DEATH OR PERSONAL INJURY CAUSED BY ITS NEGLIGENCE OR FOR ANY LIABILITY WHICH CANNOT BE EXCLUDED OR LIMITED BY APPLICABLE LAW. YOUR STATUTORY RIGHTS ARE NOT AFFECTED.
18. Waiver and Indemnity. BY USING THE SERVICE, YOU AGREE TO INDEMNIFY AND HOLD ZZIZZL, ITS DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, AGENTS, CONTRACTORS, AND LICENSORS HARMLESS WITH RESPECT TO ANY CLAIMS ARISING OUT OF YOUR BREACH OF THIS AGREEMENT, OR ANY ACTION TAKEN BY ZZIZZL AS PART OF ITS INVESTIGATION OF A SUSPECTED VIOLATION OF THIS AGREEMENT OR AS A RESULT OF ITS FINDING OR DECISION THAT A VIOLATION OF THIS AGREEMENT HAS OCCURRED. THIS MEANS THAT YOU CANNOT SUE OR RECOVER ANY DAMAGES FROM ZZIZZL, ITS DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, AGENTS, CONTRACTORS, AND LICENSORS AS A RESULT OF ITS DECISION TO REMOVE OR REFUSE TO PROCESS ANY INFORMATION OR CONTENT, TO WARN YOU, TO SUSPEND OR TERMINATE YOUR ACCESS TO THE SERVICE, OR TO TAKE ANY OTHER ACTION DURING THE INVESTIGATION OF A SUSPECTED VIOLATION OR AS A RESULT OF ZZIZZL’S CONCLUSION THAT A VIOLATION OF THIS AGREEMENT HAS OCCURRED. THIS WAIVER AND INDEMNITY PROVISION APPLIES TO ALL VIOLATIONS DESCRIBED IN OR CONTEMPLATED BY THIS AGREEMENT.
19. Changes. zzizzl reserves the right, at any time and from time to time, to update, revise, supplement, and otherwise modify this Agreement and to impose new or additional rules, policies, terms, or conditions on your use of the Service. Such updates, revisions, supplements, modifications, and additional rules, policies, terms, and conditions (collectively referred to in this Agreement as "Additional Terms”) will be effective immediately and incorporated into this Agreement. Your continued use of the zzizzl website and download service will be deemed to constitute your acceptance of any and all such Additional Terms. All Additional Terms are hereby incorporated into this Agreement by this reference.
20. Notices. zzizzl may send you notice with respect to the Service by sending an email message to the email address listed in your zzizzl Account contact information, by sending a letter via postal mail to the contact address listed in your zzizzl Account contact information, or by a posting on the zzizzl Website. Notices shall become effective immediately.
21. Governing Law. This Agreement and the use of the Service is governed by English law. These terms and conditions are in accordance with the Copyright, Designs and Patents Act 1988.
22. Miscellaneous. This Agreement constitutes the entire agreement between you and zzizzl and governs your use of the Service, superseding any prior agreements between you and zzizzl. You may also be subject to additional terms and conditions that may apply when you use affiliate services, third party content, or third party software. zzizzl’s failure to enforce any right or provisions in these Terms of Service will not constitute a waiver of such provision, or any other provision of these Terms of Service. If any provision of this Agreement is found by a court of competent jurisdiction to be invalid, the other provisions will remain in full force and effect. zzizzl will not be responsible for failures to fulfil any obligations due to causes beyond its control.
Last updated 15 August 2008
© 2008 zzizzl films ltd. All rights reserved
PRODUCTS
zzizzl.com makes available for sale certain digital content such as sound recordings and videos (“Product”).
WORLWIDE
Purchases from zzizzl.com are available internationally. Some content sales are restricted by territory due to the licensing rights the content provider has and may not be available in your territory. zzizzl films may use technologies to verify such compliance.
SALES TO END USERS ONLY
The zzizzl.com download service sells Products to end user customers only.
CANCELLATION POLICY
All Sales are final. The zzizzl.com service commences immediately when you purchase Products from the zzizzl.com website and you will not have a right to cancel your contract once the service commences.
PAYMENT METHODS
zzizzl accepts credit and debit cards through PayPal®® or payments through your PayPal® account. If a credit or debit card company, or your PayPal® account, is being used for a purchase, zzizzl may obtain a pre-approval from the credit card company or from PayPal® (as the case may be) for an amount up to the amount of the order. Billing to your credit or debit card or to your PayPal® account occurs at the time of purchase or shortly thereafter. “Download Credits” are purchased before you are able to purchase and download a Product from the zzizzl.com site. An amount of Download Credits, specified for each Product is deducted from your account before you are able to download a Product from zzizzl.com. Download Credits are valid for one full year from the date of purchase. BY USING THE ZZIZZL.COM WEBSITE, YOU ACKNOWLEDGE AND AGREE THAT YOU FORFEIT ANY RIGHT OF REFUND FOR DOWNLOAD CREDITS IF YOU PURCHASE DOWNLOAD CREDITS ON PAYPAL® AND DO NOT USE THEM FOR ONE FULL YEAR. If the total amount of the purchase is greater than the balance of Download Credits available in your zzizzl.com account, you will be redirected to PayPal® to top up your Download Credits by using your credit or debit card, or PayPal® account. Using the shopping cart by selecting “Add To Cart” on the zzizzl.com website allows you to review and change the Products you have selected for purchase before completing the transaction. zzizzl does not store any credit card or debit card details.
PLEASE NOTE:
If a purchase has been declined online due to credit or debit card issues, or issues with your PayPal® account, please ensure all data is correct and resubmit. If the transaction is not accepted online, you will be unable to use that card or your PayPal® account (as the case may be) for your purchase and should use another payment card.
FILMS & VIDEOS
Films & Videos purchased from zzizzl.com have been encoded in industry standard formats, compatible with a wide variety of mobile phones, cell phones, personal media players (PMP) and other portable devices with video playing capabilities. Check with the manufacturer of the device to see if videos purchased from zzizzl.com are compatible with your device. It is your responsibility to make sure a video or film purchased and downloaded from zzizzl.com is compatible with your device.
UPGRADES
zzizzl reserves the right to enhance Products purchased from zzizzl.com, including Products purchased but not yet downloaded. Among other things, such enhancements may result in larger file sizes (requiring, for example, longer download times and additional disk space for storage).
PRICES
zzizzl.com endeavours to offer you competitive prices on current selections. Your total price will include the price of the Product plus any applicable sales tax or VAT [at the UK’s rate of 17.5%] (in effect on the day of download). zzizzl reserves the right to change prices for Products offered at zzizzl.com at any time, and does not provide price protection or refunds in the event of a price drop or promotional offering.
CONTENT AVAILABILITY
zzizzl.com makes every effort to provide a broad content offering. For this reason, zzizzl films reserves the right to change content options without notice. On occasion, a Product may become unavailable following purchase but prior to download. Your sole remedy in such cases is a refund of the purchase price paid for the unavailable Product. Please contact zzizzl.com Customer Service for assistance in such cases (see below).
FOR ASSISTANCE WITH ORDERS - ZZIZZL CUSTOMER SERVICE
For assistance with billing questions or other order inquiries, please send us an email by visiting our Contact Us page and completing the email form. Responses to emails will be provided as soon as possible.
CONTENT USAGE RULES
Your use of any Products purchased from zzizzl.com is conditioned upon your prior acceptance of the Terms of Service.
OTHER TERMS AND CONDITIONS
zzizzl is not responsible for typographic errors.
zzizzl reserves the right to change the terms and conditions of sale at zzizzl.com at any time. Revised Terms of Sale will be made available on our website. Customers are encouraged to review the Terms of Sale on a periodic basis for modifications. All sales on zzizzl.com are governed by English law. If any of the terms in these Terms of Sale are not valid or legally enforceable, the other terms will not be affected.
About us: Our registered number is 5831239
Our postal address is PO Box 49859, London NW5 9AX, UK
Last updated 15 August 2008
© Copyright 2
Ownership of Site; Agreement to Terms of Use
These Terms and Conditions of Use (the “Terms of Use”) apply to the zzizzl web site located at www.zzizzl.com, and all associated sites linked to www.zzizzl.com by zzizzl films, its subsidiaries and affiliates, including zzizzl sites around the world (collectively, the “Site”). The Site is the property of zzizzl films ltd. (“zzizzl”) and its licensors. BY USING THE SITE, YOU AGREE TO THESE TERMS OF USE; IF YOU DO NOT AGREE, DO NOT USE THE SITE.
zzizzl reserves the right, at its sole discretion, to change, modify, add or remove portions of these Terms of Use, at any time. It is your responsibility to check these Terms of Use periodically for changes. Your continued use of the Site following the posting of changes will mean that you accept and agree to the changes. As long as you comply with these Terms of Use, zzizzl grants you a personal, non-exclusive, non-transferable, limited privilege to enter and use the Site.
Content
All text, graphics, user interfaces, visual interfaces, photographs, trademarks, logos, sounds, music, artwork and computer code (collectively, “Content”), including but not limited to the design, structure, selection, coordination, expression, “look and feel” and arrangement of such Content, contained on the Site is owned, controlled or licensed by or to zzizzl, and is protected by copyright, patent and trademark laws, and various other intellectual property rights and unfair competition laws.
Except as expressly provided in these Terms of Use, no part of the Site and no Content may be copied, reproduced, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted or distributed in any way (including “mirroring”) to any other computer, server, Web site or other medium for publication or distribution or for any commercial enterprise, without zzizzl’s express prior written consent.
You may use information on zzizzl products and services purposely made available by zzizzl for downloading from the Site, provided that you (1) not remove any proprietary notice language that may appear in any copy of such documents, (2) use such information only for your personal, non-commercial, informational purpose and do not copy or post such information on any networked computer or broadcast it in any medium or media now known of hereafter devised, (3) make no modifications to any such information, and (4) not make any additional representations or warranties relating to such documents.
Your Use of the Site
You may not use any “deep-link”, “page-scrape”, “robot”, “spider” or other automatic device, program, algorithm or methodology, or any similar or equivalent manual process now known of hereafter devised, to access, acquire, copy or monitor any portion of the Site or any Content, or in any way reproduce or circumvent the navigational structure or presentation of the Site or any Content, to obtain or attempt to obtain any materials, documents or information through any means not purposely made available through the Site. zzizzl reserves the right to bar any such activity.
You may not attempt to gain unauthorized access to any portion or feature of the Site, or any other systems or networks connected to the Site or to any zzizzl server, or to any of the services offered on or through the Site, by hacking, password “mining” or any other illegitimate means now known of hereafter devised.
You may not probe, scan or test the vulnerability of the Site or any network connected to the Site, nor breach the security or authentication measures on the Site or any network connected to the Site. You may not reverse look-up, trace or seek to trace any information on any other user of or visitor to the Site, or any other customer of zzizzl, including any zzizzl account not owned by you, to its source, or exploit the Site or any service or information made available or offered by or through the Site, in any way where the purpose is to reveal any information, including but not limited to personal identification or information, other than your own information, as provided for by the Site.
You agree that you will not take any action that imposes an unreasonable or disproportionately large load on the infrastructure of the Site or zzizzl’s systems or networks, or any systems or networks connected to the Site or to zzizzl.
You agree not to use any device, software or routine to interfere or attempt to interfere with the proper working of the Site or any transaction being conducted on the Site, or with any other person’s use of the Site.
You may not forge headers or otherwise manipulate identifiers in order to disguise the origin of any message or transmittal you send to zzizzl on or through the Site or any service offered on or through the Site. You may not pretend that you are, or that you represent, someone else, or impersonate any other individual or entity.
You may not use the Site or any Content for any purpose that is unlawful or prohibited by these Terms of Use, or to solicit the performance of any illegal activity or other activity which infringes the rights of zzizzl or others.
Purchases; Other Terms and Conditions
Additional terms and conditions may apply to purchases of goods or services and to specific portions or features of the Site, including contests, promotions or other similar features, all of which terms are made a part of these Terms of Use by this reference. You agree to abide by such other terms and conditions, including where applicable representing that you are of sufficient legal age to use or participate in such service or feature. If there is a conflict between these Terms of Use and the terms posted for or applicable to a specific portion of the Site or for any service offered on or through the Site, the latter terms shall control with respect to your use of that portion of the Site or the specific service.
zzizzl’s obligations, if any, with regard to its products and services are governed solely by the agreements pursuant to which they are provided, and nothing on this Site should be construed to alter such agreements.
zzizzl may make changes to any products or services offered on the Site, or to the applicable prices for any such products or services, at any time, without notice. The materials on the Site with respect to products and services may be out of date, and zzizzl makes no commitment to update the materials on the Site with respect to such products and services.
The following terms also govern and apply to your use of the Site, and they are incorporated herein by this reference:
Copyright Information
Claims of Copyright Infringement
Terms of Service
Terms of Sale
Customer Privacy Policy
Standard Terms and Conditions Audio Visual Content Distribution License Agreement
Each of these policies may be changed from time to time and are effective immediately upon posting such changes on the Site.
Accounts, Passwords and Security
Certain features or services offered on or through the Site may require you to open an account (including setting up a zzizzl ID and password). You are entirely responsible for maintaining the confidentiality of your account information, including your password, and for any and all activity that occurs under your account. You agree to notify zzizzl immediately of any unauthorized use of your account or password, or any other breach of security www.zzizzl.com/contact. However, you may be held liable for losses incurred by zzizzl or any other user of or visitor to the Site due to someone else using your zzizzl ID, password or account.
You may not use anyone else’s zzizzl ID, password or account at any time without the express permission and consent of the holder of that zzizzl ID, password or account. zzizzl cannot and will not be liable for any loss or damage arising from your failure to comply with these obligations.
Privacy
zzizzl’s Privacy Policy applies to use of this Site, and its terms are made a part of these Terms of Use by this reference. Additionally, by using the Site, you acknowledge and agree that Internet transmissions are never completely private or secure. You understand that any message or information you send to the Site may be read or intercepted by others, even if there is a special notice that a particular transmission is encrypted.
Links to Other Sites and to the zzizzl Site
This Site may contain links to other independent third-party Web sites (“Linked Sites”). These Linked Sites are provided solely as a convenience to our visitors. Such Linked Sites are not under zzizzl’s control, and zzizzl is not responsible for and does not endorse the content of such Linked Sites, including any information or materials contained on such Linked Sites. You will need to make your own independent judgment regarding your interaction with these Linked Sites.
Disclaimers
ZZIZZL DOES NOT PROMISE THAT THE SITE OR ANY CONTENT, SERVICE OR FEATURE OF THE SITE WILL BE ERROR-FREE OR UNINTERRUPTED, OR THAT ANY DEFECTS WILL BE CORRECTED, OR THAT YOUR USE OF THE SITE WILL PROVIDE SPECIFIC RESULTS. THE SITE AND ITS CONTENT ARE DELIVERED ON AN “AS-IS” AND “AS-AVAILABLE” BASIS. ALL INFORMATION PROVIDED ON THE SITE IS SUBJECT TO CHANGE WITHOUT NOTICE. ZZIZZL CANNOT ENSURE THAT ANY FILES OR OTHER DATA YOU DOWNLOAD FROM THE SITE WILL BE FREE OF VIRUSES OR CONTAMINATION OR DESTRUCTIVE FEATURES. ZZIZZL DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING ANY WARRANTIES OF ACCURACY, NON-INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. ZZIZZL DISCLAIMS ANY AND ALL LIABILITY FOR THE ACTS, OMISSIONS AND CONDUCT OF ANY THIRD PARTIES IN CONNECTION WITH OR RELATED TO YOUR USE OF THE SITE AND/OR ANY ZZIZZL SERVICES. YOU ASSUME TOTAL RESPONSIBILITY FOR YOUR USE OF THE SITE AND ANY LINKED SITES. YOUR SOLE REMEDY AGAINST ZZIZZL FOR DISSATISFACTION WITH THE SITE OR ANY CONTENT IS TO STOP USING THE SITE OR ANY SUCH CONTENT. THIS LIMITATION OF RELIEF IS A PART OF THE BARGAIN BETWEEN YOU AND ZZIZZL.
The above disclaimer applies to any damages, liability or injuries caused by any failure of performance, error, omission, interruption, deletion, defect, delay in operation or transmission, computer virus, communication line failure, theft or destruction of or unauthorized access to, alteration of, or use, whether for breach of contract, tort, negligence or any other cause of action.
zzizzl reserves the right to do any of the following, at any time, without notice: (1) to modify, suspend or terminate operation of or access to the Site, or any portion of the Site, for any reason; (2) to modify or change the Site, or any portion of the Site, and any applicable policies or terms; and (3) to interrupt the operation of the Site, or any portion of the Site, as necessary to perform routine or non-routine maintenance, error correction, or other changes.
Limitation of Liability
Except where prohibited by law, in no event will zzizzl be liable to you for any indirect, consequential, exemplary, incidental or punitive damages, including lost profits, even if zzizzl has been advised of the possibility of such damages.
If, notwithstanding the other provisions of these Terms of Use, zzizzl is found to be liable to you for any damage or loss which arises out of or is in any way connected with your use of the Site or any Content, zzizzl’s liability shall in no event exceed the greater of (1) the total of any subscription or similar fees with respect to any service or feature of or on the Site paid in the six months prior to the date of the initial claim made against zzizzl or (2) £40.00. Some jurisdictions do not allow limitations of liability, so the foregoing limitation may not apply to you.
Indemnity
You agree to indemnify and hold zzizzl, its officers, directors, shareholders, predecessors, successors in interest, employees, agents, subsidiaries and affiliates, harmless from any demands, loss, liability, claims or expenses (including attorneys’ fees), made against zzizzl by any third party due to or arising out of or in connection with your use of the Site.
Violation of These Terms of Use
zzizzl may disclose any information we have about you (including your identity) if we determine that such disclosure is necessary in connection with any investigation or complaint regarding your use of the Site, or to identify, contact or bring legal action against someone who may be causing injury to or interference with (either intentionally or unintentionally) zzizzl’s rights or property, or the rights or property of visitors to or users of the Site, including zzizzl’s customers. zzizzl reserves the right at all times to disclose any information that zzizzl deems necessary to comply with any applicable law, regulation, legal process or governmental request. zzizzl also may disclose your information when zzizzl determines that applicable law requires or permits such disclosure, including exchanging information with other companies and organizations for fraud protection purposes.
You acknowledge and agree that zzizzl may preserve any transmittal or communication by you with zzizzl through the Site or any service offered on or through the Site, and may also disclose such data if required to do so by law or zzizzl determines that such preservation or disclosure is reasonably necessary to (1) comply with legal process, (2) enforce these Terms of Use, (3) respond to claims that any such data violates the rights of others, or (4) protect the rights, property or personal safety of zzizzl, its employees, users of or visitors to the Site, and the public.
You agree that zzizzl may, in its sole discretion and without prior notice, terminate your access to the Site and/or block your future access to the Site if we determine that you have violated these Terms of Use or other agreements or guidelines which may be associated with your use of the Site. You also agree that any violation by you of these Terms of Use will constitute an unlawful and unfair business practice, and will cause irreparable harm to zzizzl, for which monetary damages would be inadequate, and you consent to zzizzl obtaining any injunctive or equitable relief that zzizzl deems necessary or appropriate in such circumstances. These remedies are in addition to any other remedies zzizzl may have at law or in equity.
You agree that zzizzl may, in its sole discretion and without prior notice, terminate your access to the Site, for cause, which includes (but is not limited to) (1) requests by law enforcement or other government agencies, (2) a request by you (self-initiated account deletions), (3) discontinuance or material modification of the Site or any service offered on or through the Site, or (4) unexpected technical issues or problems.
If zzizzl does take any legal action against you as a result of your violation of these Terms of Use, zzizzl will be entitled to recover from you, and you agree to pay, all reasonable attorneys’ fees and costs of such action, in addition to any other relief granted to zzizzl. You agree that zzizzl will not be liable to you or to any third party for termination of your access to the Site as a result of any violation of these Terms of Use.
Governing Law; Dispute Resolution
You agree that all matters relating to your access to or use of the Site, including all disputes, will be governed by the laws of the United Kingdom without regard to its conflicts of laws provisions. Any claim under these Terms of Use must be brought within one (1) year after the cause of action arises, or such claim or cause of action is barred. No recovery may be sought or received for damages other than as stated above. In the event of any controversy or dispute between zzizzl and you arising out of or in connection with your use of the Site, the parties shall attempt, promptly and in good faith, to resolve any such dispute. If we are unable to resolve any such dispute within a reasonable time (not to exceed thirty (30) days), then either party may submit such controversy or dispute to mediation. If the dispute cannot be resolved through mediation, then the parties shall be free to pursue any right or remedy available to them under applicable law.
Void Where Prohibited
zzizzl administers and operates the Site from its location in the UK; other zzizzl sites may be administered and operated from various locations outside the United Kingdom. Although the Site is accessible worldwide, not all features, products or services discussed, referenced, provided or offered through or on the Site are available to all persons or in all geographic locations, or appropriate or available for use outside the United Kingdom. zzizzl reserves the right to limit, in its sole discretion, the provision and quantity of any feature, product or service to any person or geographic area. Any offer for any feature, product or service made on the Site is void where prohibited. If you choose to access the Site from outside the United Kingdom, you do so on your own initiative and you are solely responsible for complying with applicable local laws.
Miscellaneous
You may not use or export or re-export any Content or any copy or adaptation of such Content, or any product or service offered on the Site, in violation of any applicable laws or regulations, including without limitation British export laws and regulations.
If any of the provisions of these Terms of Use are held by a court or other tribunal of competent jurisdiction to be void or unenforceable, such provisions shall be limited or eliminated to the minimum extent necessary and replaced with a valid provision that best embodies the intent of these Terms of Use, so that the remainder of these Terms of Use shall remain in full force and effect. These Terms of Use constitute the entire agreement between you and zzizzl with regard to your use of the Site, and any and all other written or oral agreements or understandings previously existing between you and zzizzl with respect to such use are hereby superseded and cancelled. zzizzl will not accept any counter-offers to these Terms of Use, and all such offers are hereby categorically rejected. zzizzl’s failure to insist on or enforce strict performance of these Terms of Use shall not be construed as a waiver by zzizzl of any provision or any right it has to enforce these Terms of Use, nor shall any course of conduct between zzizzl and you or any other party be deemed to modify any provision of these Terms of Use. These Terms of Use shall not be interpreted or construed to confer any rights or remedies on any third parties.
Feedback and Information
Any feedback you provide at this site shall be deemed to be non-confidential. zzizzl shall be free to use such information on an unrestricted basis.
The information contained in this Site is subject to change without notice.
Copyright © 2008 zzizzl films ltd. All rights reserved.
Last updated 15 August 2008