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TermsOfUse

Terms & Conditions

 

 

 

ZIRI Terms And Conditions:

ZIRI provides an online booking, payment and matching marketplace that connects photographers and users requiring on-demand photography services (collectively, the “Services”) to you through its website located at www.ZIRI.co.in (the “Site”) and through its mobile applications and related services (collectively, such services, including any new features and applications, and the Site, the “Service(s)”), subject to the following Terms of Service (as amended from time to time, the “Terms of Service”).  We reserve the right, at our sole discretion, to change or modify portions of these Terms of Service at any time.  If we do this, we will post the changes on this page and will indicate at the top of this page the date these terms were last revised. We will also notify you, either through the Services user interface, in an email notification or through other reasonable means. Any such changes will become effective no earlier than fourteen (14) days after they are posted, except that changes addressing new functions of the Services or changes made for legal reasons will be effective immediately. Your continued use of the Service after the date any such changes become effective constitutes your acceptance of the new Terms of Service.

 

PLEASE READ THESE TERMS OF SERVICE CAREFULLY, AS THEY CONTAIN AN AGREEMENT TO ARBITRATE AND OTHER

IMPORTANT INFORMATION REGARDING YOUR LEGAL RIGHTS, REMEDIES, AND OBLIGATIONS. THE AGREEMENT TO

ARBITRATE REQUIRES (WITH LIMITED EXCEPTION) THAT YOU SUBMIT CLAIMS YOU HAVE AGAINST US TO BINDING AND

FINAL ARBITRATION, AND FURTHER (1) YOU WILL ONLY BE PERMITTED TO PURSUE CLAIMS AGAINST ZIRI ON AN

INDIVIDUAL BASIS, NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY CLASS OR REPRESENTATIVE ACTION OR

PROCEEDING, AND (2) YOU WILL ONLY BE PERMITTED TO SEEK RELIEF (INCLUDING MONETARY, INJUNCTIVE, AND

DECLARATORY RELIEF) ON AN INDIVIDUAL BASIS.

 

In addition, when using certain services, you will be subject to any additional terms applicable to such services that may be posted on the Service from time to time, including, without limitation, the Privacy Policy located at www.ZIRI.co/privacy.  All such terms are hereby incorporated by reference into these Terms of Service.

 

THE SITE INCLUDES AN ONLINE MARKETPLACE THROUGH WHICH PHOTOGRAPHERS (DEFINED BELOW) MAY OFFER

PHOTOGRAPHY SERVICES (DEFINED BELOW) AND SUBJECTS (DEFINED BELOW) MAY BOOK SUCH PHOTOGRAPHY

SERVICES. YOU ACKNOWLEDGE AND AGREE THAT: (1) ZIRI IS NOT A PARTY TO ANY AGREEMENTS ENTERED INTO

BETWEEN PHOTOGRAPHERS AND SUBJECTS, (2) ZIRI ONLY PROVIDES MATCHING AND PAYMENT PROCESSING

SERVICES, (3) SUBJECTS CONTRACT FOR PHOTOGRAPHY SERVICES DIRECTLY WITH PHOTOGRAPHERS (4) ZIRI IS NOT A

BROKER, AGENT (EXCEPT AS EXPRESSLY SET FORTH BELOW) OR INSURER, AND (5) ZIRI HAS NO CONTROL OVER THE

CONDUCT OF PHOTOGRAPHERS, SUBJECTS, OR ANY OTHER USERS OF THE SITE OR PHOTOGRAPHY SERVICES, AND

ZIRI DISCLAIMS ALL LIABILITY IN THIS REGARD. DIFFERENT SECTIONS OF THE SITE AND TERMS OF SERVICE AFFECT

PHOTOGRAPHERS AND SUBJECTS DIFFERENTLY, SO PLEASE BE SURE TO READ THESE TERMS CAREFULLY.

 

 

Key Terms

User” “you” or “your” means a person, organization or entity using the Services, including Subjects and Photographers.

Subject” means a person who completes ZIRI’s account registration process to book a Photographer.

Photographer” means a photographer who can provide the photography services sought and who is accepted by ZIRI on the Site.

Photography Services”  means photography-related services provided by Photographers.

Access and Use of the Service

Services

As stated above, ZIRI’s Services make available a marketplace with related technology for Subjects and Photographers to arrange for the matching of a Subject with a Photographer and booking of Photography Services. ZIRI itself does not provide any photography-related services. ZIRI's responsibilities are limited to: (i) facilitating the availability of the Site, and (ii) serving as the limited agent of each Photographer for the purpose of accepting payments from a Subject on behalf of the Photographer.  There are risks that you assume when dealing with other Users (including those who may be acting under false pretenses). You agree that all of these risks are borne by you, and not ZIRI. ZIRI does not control the behavior of Users or the quality of the Photography Services. As a result, ZIRI does not guarantee or endorse the authenticity, quality, safety, or legality of the Photography Services.

Your Registration Obligations

You may be required to register with ZIRI in order to access and use certain features of the Service.  If you choose to register for the Service, you agree to provide and maintain true, accurate, current and complete information about yourself as prompted by the Service’s registration form.  Registration data and certain other information about you are governed by our Privacy Policy. If you are under 13 years of age, you are not authorized to use the Service, with or without registering. In addition, if you are under 18 years old, you may use the Service, with registering, only with the approval of your parent or guardian.

User Account, Password and Security

You are responsible for maintaining the confidentiality of your password and account, if any, and are fully responsible for any and all activities that occur under your password or account. You agree to (a) immediately notify ZIRI of any unauthorized use of your password or account or any other breach of security, and (b) ensure that you exit from your account at the end of each session when accessing the Service. ZIRI will not be liable for any loss or damage arising from your failure to comply with this Section.

Modifications to Service

ZIRI reserves the right to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice. You agree that ZIRI will not be liable to you or to any third party for any modification, suspension or discontinuance of the Service.

General Practices Regarding Use and Storage

You acknowledge that Company may establish general practices and limits concerning use of the Service, including without limitation the maximum period of time that data or other content will be retained by the Service and the maximum storage space that will be allotted on Company’s servers on your behalf. You agree that Company has no responsibility or liability for the deletion or failure to store any data or other content maintained or uploaded by the Service. You acknowledge that Company reserves the right to terminate accounts that are inactive for an extended period of time. You further acknowledge that Company reserves the right to change these general practices and limits at any time, in its sole discretion, with or without notice.

Mobile Services

The Service includes certain services that are available via a mobile device, including (i) the ability to upload content to the Service via a mobile device, (ii) the ability to browse the Service and the Site from a mobile device and (iii) the ability to access certain features through an application downloaded and installed on a mobile device (collectively, the “Mobile Services”). To the extent you access the Service through a mobile device, your wireless service carrier’s standard charges, data rates and other fees may apply.  In addition, downloading, installing, or using certain Mobile Services may be prohibited or restricted by your carrier, and not all Mobile Services may work with all carriers or devices. By using the Mobile Services, you agree that we may communicate with you regarding ZIRI and other entities by SMS, MMS, text message or other electronic means to your mobile device and that certain information about your usage of the Mobile Services may be communicated to us.  In the event you change or deactivate your mobile telephone number, you agree to promptly update your ZIRI account information to ensure that your messages are not sent to the person that acquires your old number.

Matching

ZIRI endeavors to match a Subject with the most suitable Photographer(s) based on information provided by the Subject.  A number of Photographers may be presented as options to a Subject as part of the matching process, in which case it is the Subject’s responsibility to make the final choice as to which Photographer provides Photography Services.   A Subject will be able to book the Photography Services though the Site

(“Booking”).  However, even when a Photographer is matched with or chosen by a Subject for a Booking, ZIRI reserves the right to change which Photographer actually provides the Photography Services for a particular Booking, in its sole discretion.  ZIRI will endeavor to notify the Subject of any such changes in advance.

Photographer Terms

No Off-Platform Activity

As Photographer, you may not induce Subjects to receive services similar to the Photographer Services off the Site.  You acknowledge and agree that a substantial portion of the compensation ZIRI receives for making the Site available to you is collected through the ZIRI Fee described in Payment Terms. ZIRI only receives this Fee when a Subject and a Photographer pay and receive payment through the Site. Therefore, for 12 months from the time you identify or are identified by any party through the Site (the “Non-Circumvention Period”), you must use the Site as your exclusive method to request, make, and receive all payments for work directly or indirectly with that party or arising out of your relationship with that party.

If you breach this obligation with respect to each Subject-Photographer relationship during the Non-Circumvention Period, you agree that the one or both of the Subject or

Photographer shall pay ZIRI for each such off-platform relationship by paying an “Off-Platform Activity Penalty” totaling $5,000 USD per off-platform relationship.

To pay the Off-Platform Activity Penalty, you must request instructions by sending an email message to support@ZIRI.co.

Except if you pay the Off-Platform Activity Penalty, you agree not to circumvent the Payment Terms offered by the Site.

Background Checks

Before a Photographer may perform Services through ZIRI, the Photographer is required to  consent to a background check to screen for criminal history that may present a safety risk to ZIRI or Subjects.  Photographer accounts will not be eligible for activation if the background check reveals any criminal or other history that may present a safety risk to Service Providers, including, without limitation, violent crimes, felonies, drug-related offenses, sexual offenses, theft or property damage offenses.  ZIRI reserves the right to disqualify or refuse service to any Photogrpaher for any reason, unless prohibited by law.

By agreeing to these Terms of Service as a Photographer, I hereby consent to the preparation of background reports regarding me by a third party (e.g. Checkr) and the release of such reports to ZIRI and its designated representatives, to assist ZIRI in determining my eligibility to use the Services and at any time to assist ZIRI to evaluate my continued compliance with these Terms of Service. To this end, I hereby authorize, without reservation, any state or federal law enforcement agency or court, educational institution, motor vehicle record agency, credit bureau or other information service bureau or data repository, or employer to furnish any and all information regarding me to ZIRI and/or its agents, and authorize ZIRI’s agents to provide such information to ZIRI.

The report may include, but is not limited to, criminal and other public records and history; public court records; motor vehicle and driving records; professional disciplinary actions; drug/alcohol test results; and address history, subject to any limitations imposed by applicable federal and state law. This information may be obtained from public record and private sources, including credit bureaus, government agencies and judicial records, and other sources.

The report will be obtained in compliance with the Fair Credit Reporting Act. A summary of rights under the Fair Credit Reporting Act may be found on the Consumer Financial Protection Bureau website at http://files.consumerfinance.gov/f/201504_cfpb_summary_your-rights-under-fcra.pdf

Confidentiality

Photographer agrees that certain confidential information (including, without limitation, photography guides, information packages, computer programs, technical drawings, algorithms, know-how, formulas, processes, ideas, inventions (whether patentable or not), schematics and other technical, business, financial, customer and product development plans, forecasts, strategies and information) that Photographer learns or obtains in connection with the Services, constitute “Proprietary Information.” Photographer will hold in confidence and not disclose or, except in performing the Services, use any Proprietary Information.  Photographer will prevent unauthorized access to or disclosure of the Proprietary Information using at least the same degree of care as Photographer uses to protect its own most sensitive proprietary information (which will not be less than a reasonable degree of care).  However, Photographer shall not be obligated under this paragraph with respect to information Photographer can document is or becomes readily publicly available without restriction through no fault of Developer.  Upon termination and as otherwise requested by ZIRI, Photographer will promptly return to ZIRI all items and copies containing or embodying Proprietary Information.

Other Photographer Obligations

As a Photographer, you must provide ZIRI with any information requested in order for ZIRI to match you to a Subject, such as information on your background, experience and skills, sample photos taken by you, contact details and your headshot. You must also provide ZIRI with up to date, complete and accurate information regarding the days and times you are available to complete Bookings and must ensure that this information remains accurate and current at all times.  Once you are matched with a Subject you have the right to turn down the job, but ZIRI has sole discretion to determine if such refusal will harm your ability to be matched in the future. ZIRI may also request that you submit a portfolio of previous works.  ZIRI has sole discretion as to which photographers are accepted into the marketplace and we reserve the right to reject any potential Photographer and remove any Photographer from the marketplace for any reason.  ZIRI may, but is not required to, conduct background checks on Photographers.

 

 

EACH PHOTOGRAPHER IS SOLELY RESPONSIBLE FOR OBTAINING ALL PERMITS, LICENSES AND OTHER PERMISSIONS

REQUIRED TO OFFER OR PROVIDE ANY PHOTOGRAPHY SERVICES OR OTHER PHOTOGRAPHER-PROVIDED SERVICES

AND ZIRI ASSUMES NO RESPONSIBILITY FOR A PHOTOGRAPHER'S FAILURE TO OBTAIN SUCH PERMITS, LICENSES OR

PERMISSIONS OR OTHERWISE COMPLY WITH ANY APPLICABLE LAWS, RULES OR REGULATIONS.

 

 

Nothing in this Agreement will in any way be construed to constitute Photographer as an agent, employee or representative of the ZIRI, but Photographer will perform the Services hereunder as an independent contractor. Photographer acknowledges and agrees that Photographer is obligated to report as income all compensation received by Photographer pursuant to this Agreement, and Photographer agrees to and acknowledges the obligation to pay all self-employment and other taxes thereon and that he will not be eligible for any employee benefits (nor does he desire any of them) and expressly waives any entitlement to such benefits. Photographer acknowledges and agrees that he will use his own discretion in performing the tasks assigned, within the scope of work specified by the Company.

You understand and agree that ZIRI is neither an insurer nor a contracting agent or employer for you as a Photographer. If a Subject purchases any of your Photography Services, any agreement you enter into with such Subject is between you and the Subject and ZIRI is not a party thereto. Notwithstanding the foregoing, ZIRI serves as your limited authorized agent for the purpose of accepting payments from Subjects on your behalf and ZIRI is responsible for transmitting your portion such payments to you. You acknowledge and agree that, as a Photographer, you are responsible for your own acts and omissions.  Each Photographer understands the fact that ZIRI does not offer any medical coverage for bodily harm or injury that may result from providing the Photography Services. ZIRI will not reimburse for any medical bills, transportation or loss of wages as a result of the injury or for any accommodations.

ZIRI will have the sole discretion to issue a monetary penalty to Photographer if Photographer cancels a shoot with a Subject without reasonable notice, does not show up for a scheduled shoot with a Subject, or otherwise fails to perform obligations through no fault of ZIRI or Subject.

 

Payment Terms

General

Each Subject agrees to pay all applicable fees for Photography Services  and fees for any digital downloads or prints purchased either through a package or after the completion of the Photography Services (“Purchased Prints”) as set forth on the Site (collectively, “Photographer Fees”).   All Photographer Fees are payable in the currency specified on the Site at the time of Booking.  If a Subject requests amended

Photography Services, including but not limited to changes to the time, location or type of Photography Services provided (“Variation”), a change fee may be charged.  All change fees are payable before any Variations will be accepted and performed.

You shall be responsible for all taxes associated with the Services. All other charges like physical photo printing, wedding albums or other photo albums, special photography arrangements,etc can be requested by the customer in the form of a quote through the website or the app and ZIRI team will contact the customer thereafter.Photos will be be made available on the cloud storage on the customer’s account subject to which the customer would have to pay a certain charge as per applicable.

Except as otherwise expressly set forth herein or as expressly approved by ZIRI in writing in its sole discretion, all payments made are final and non-refundable and the Subject shall not have the right to cancel its purchase for any reason.If ZIRI approves the refund, then the refund amount will be reflected back in your account as a payment voucher within the next 1-7  business days. If you make a payment by credit card or other payment instrument, you represent and warrant to the Company that such information is true and that you are authorized to use such payment instrument.  You will promptly update your account information with any changes (for example, a change in your billing address or credit card expiration date) that may occur.  You agree to pay the Company the amount that is specified on the Site for Photographer Fees and in accordance with the terms of such fees and purchases and this Terms of Service.

Please see our refunds and cancellation policy for your reference.

Photographer Payment

ZIRI will facilitate monthly payment to a Photographer’s nominated bank account the total  Photographer Fees accrued for the Photography Services provided to a Subject by such Photographer during the preceding payment period, less the fee payable to ZIRI for referring the Subject(s) to such Photographer as set forth in terms provided to Photographers at the time of their onboarding (“ZIRI Fee”).  ZIRI has sole discretion to act on behalf of the Subject, and to not pay Photographer Fees, if the Subject reports that the Photography Services were not provided or adequately completed. This may include but is not limited to circumstances where a Photographer did not arrive for a Booking or photos were of insufficient quality for use. ZIRI will independently review such cases, seeking input from the Subject and/or the Photographer in its sole discretion, and may decide at its sole discretion to issue a refund to the Subject.

Limited Payment Collections Agent

Each Photographer appoints ZIRI as the Photographer’s limited payment collection agent solely for the purpose of accepting the Photographer Fees from the Subject. Each User agrees that payment of Photographer Fees in respect of a Photographer by a Subject to ZIRI, as that Photographer’s limited payment collection agent, shall be considered the same as a payment made directly by that Subject to the relevant Photographer and the Photographer will provide the relevant Photographer Services to the Subject, as outlined on the Site, as if the Photographer had received payment directly.  ZIRI, as limited payment collection agent for the Photographer, agrees to facilitate the payment of any Photographer Fees for Photography Services provided, on a bimonthly basis unless otherwise agreed between ZIRI and the Photographer.  In the event that ZIRI does not remit such amounts, the Photographer will have recourse only against ZIRI.

Conditions of Use

User Conduct

You are solely responsible for all code, video, images, information, data, text, software, music, sound, photographs, graphics, messages or other materials (“content”) that you upload, post, publish or display (hereinafter, “upload”) or email or otherwise use via the


Service.  The following are examples of the kind of content and/or use that is illegal or prohibited by ZIRI.  ZIRI reserves the right to investigate and take appropriate legal action against anyone who, in ZIRI’s sole discretion, violates this provision, including without limitation, removing the offending content from the Service, suspending or terminating the account of such violators and reporting you to the law enforcement authorities.  You agree to not use the Service to:

a)  email or otherwise upload any content that (i) infringes any intellectual property or other proprietary rights of any party; (ii) you do not have a right to upload under any law or under contractual or fiduciary relationships; (iii) contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment; (iv) poses or creates a privacy or security risk to any person; (v) constitutes unsolicited or unauthorized advertising, promotional materials, commercial activities and/or sales, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” “contests,” “sweepstakes,” or any other form of solicitation; (vi) is unlawful, harmful, threatening, abusive, harassing, tortious, excessively violent, defamatory, vulgar, obscene, pornographic, libelous, invasive of another’s privacy, hateful racially, ethnically or otherwise objectionable; or (vii) in the sole judgment of ZIRI, is objectionable or which restricts or inhibits any other person from using or enjoying the Service, or which may expose ZIRI or its users to any harm or liability of any type;

b)  interfere with or disrupt the Service or servers or networks connected to the Service, or disobey any requirements, procedures, policies or regulations of networks connected to the Service; or

c)   violate any applicable local, state, national or international law, or any regulations having the force of law;

d)  impersonate any person or entity, or falsely state or otherwise misrepresent your affiliation with a person or entity;

e)  solicit personal information from anyone under the age of 18;

f)    harvest or collect email addresses or other contact information of other users from theService by electronic or other means for the purposes of sending unsolicited emails or other unsolicited communications;

g)  advertise or offer to sell or buy any goods or services for any business purpose that is not specifically authorized;

h)  further or promote any criminal activity or enterprise or provide instructional information about illegal activities; or

i)     obtain or attempt to access or otherwise obtain any materials or information through any means not intentionally made available or provided for through the Service.

Special Notice for International Use; Export Controls

Software (defined below) available in connection with the Service and the transmission of applicable data, if any, is subject to United States export controls.  No Software may be downloaded from the Service or otherwise exported or re-exported in violation of U.S. export laws.  Downloading or using the Software is at your sole risk.  Recognizing the global nature of the Internet, you agree to comply with all local rules and laws regarding your use of the Service, including as it concerns online conduct and acceptable content.

Commercial Use

Unless otherwise expressly authorized herein or in the Service, you agree not to display, distribute, license, perform, publish, reproduce, duplicate, copy, create derivative works from, modify, sell, resell, exploit, transfer or upload for any commercial purposes, any portion of the Service, use of the Service, or access to the Service.

Intellectual Property Rights

Service Content, Software and Trademarks

You acknowledge and agree that the Service may contain content or features (“Service Content”) that are protected by copyright, patent, trademark, trade secret or other proprietary rights and laws.  Except as expressly authorized by ZIRI, you agree not to modify, copy, frame, scrape, rent, lease, loan, sell, distribute or create derivative works based on the Service or the Service Content, in whole or in part, except that the foregoing does not apply to your own User Content (as defined below) that you legally upload to the Service.  In connection with your use of the Service you will not engage in or use any data mining, robots, scraping or similar data gathering or extraction methods. If you are blocked by ZIRI from accessing the Service (including by blocking your IP address), you agree not to implement any measures to circumvent such blocking (e.g., by masking your IP address or using a proxy IP address). Any use of the Service or the Service Content other than as specifically authorized herein is strictly prohibited.  The technology and software underlying the Service or distributed in connection therewith are the property of ZIRI, our affiliates and our partners (the “Software”).  You agree not to copy, modify, create a derivative work of, reverse engineer, reverse assemble or otherwise attempt to discover any source code, sell, assign, sublicense, or otherwise transfer any right in the Software.  Any rights not expressly granted herein are reserved by ZIRI.

The ZIRI name and logos are trademarks and service marks of ZIRI (collectively the “ZIRI Trademarks”). Other ZIRI product and service names and logos used and displayed via the Service may be trademarks or service marks of their respective owners who may or may not endorse or be affiliated with or connected to ZIRI. Nothing in this Terms of Service or the Service should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any of ZIRI Trademarks displayed on the Service, without our prior written permission in each instance. All goodwill generated from the use of ZIRI Trademarks will insure to our exclusive benefit.

By agreeing to the terms and conditions, the photographers agree and give their consent to ZIRI that all the general pictures clicked by the photographers will be the sole property and will have the copyrights of  ZIRI. These kind of pictures include nature, general photography,etc. except the personal private pictures of clients because we respect the privacy of our customers. The photographer whose picture is sold to  third party will be paid a straight commission of 20 percent based on the price of the picture that is sold.

Photography Services

Photographers assign Photograph IP (defined below) in the Photograph Content (defined below) created for a particular Booking and Subject, to ZIRI. Once the Booking transaction is complete, ZIRI transfers the Photograph IP in Purchased Prints to the Subject to facilitate a seamless transaction between a Photographer and a Subject. Photographer acknowledges and agrees that the photographs, digital negatives, camera RAW files, other original data files pertaining to the photos and images produced as a result of the Photography Services for a Subject as a result of a Booking (“Photograph Content”) contain content or features that are protected by copyright, trademark, trade secret or other proprietary rights and laws (“Photograph IP”). Photographer hereby assigns (and agrees to assign) all Photograph Content and the Photograph IP and all related intellectual property and proprietary rights to ZIRI. Photographer shall further assist ZIRI, at ZIRI’s expense, to further evidence, record and perfect such assignments, and to perfect, obtain, maintain, enforce, and defend any rights specified to be so owned or assigned.  Upon full receipt of all applicable Photographer Fees, ZIRI agrees to assign, transfer and convey to the Subject the Photograph Content and associated Photograph IP contained in Purchased Prints.  For clarity, Photograph Content and associated Photograph IP that is not purchased by Subject remains the property of ZIRI.

Subjects hereby grant ZIRI a nonexclusive, worldwide, royalty free, fully paid up, transferable, sublicensable, perpetual, irrevocable license to use, copy, display and distribute the Photograph Content and associated Photograph IP for marketing and advertising purposes. ZIRI will inform Subjects if it intends to use photos in this way, to provide an opportunity for any reasonable objections to be taken into account. Photographers may request that ZIRI provide a limited intellectual property license for the purpose of using photos in the Photographer’s portfolio of work or for other purposes by seeking prior written consent from both ZIRI and the relevant Subject.

Third Party Material

Under no circumstances will ZIRI be liable in any way for any content or materials of any third parties (including users), including, but not limited to, for 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 such content.  You acknowledge that ZIRI does not pre-screen content, but that ZIRI and its designees will have the right (but not the obligation) in their sole discretion to refuse or remove any content that is available via the Service. Without limiting the foregoing, ZIRI and its designees will have the right to remove any content that violates these Terms of Service or is deemed by ZIRI, in its sole discretion, to be otherwise objectionable. You agree that you must evaluate, and bear all risks associated with, the use of any content, including any reliance on the accuracy, completeness, or usefulness of such content.

User Content Transmitted Through the Service

With respect to the content or other materials you upload through the Service or share with other users or recipients (collectively, “User Content”), you represent and warrant that you own all right, title and interest in and to such User Content, including, without limitation, all copyrights and rights of publicity contained therein.  By uploading any User Content you hereby grant and will grant ZIRI and its affiliated companies a nonexclusive, worldwide, royalty free, fully paid up, transferable, sublicensable, perpetual, irrevocable license to copy, display, upload, perform, distribute, store, modify and otherwise use your User Content in connection with the operation of the Service or the promotion, advertising or marketing thereof, in any form, medium or technology now known or later developed.

Subjects may rate a Photographer and their Photography Services (“Photographer Rating”), and Photographers may rate a Subject (“Subject Rating”),in each case using the multidimensional rating system provided on the Site (collectively, “Rating”). Subjects may also provide written feedback to ZIRI regarding Photographers and their Photography Services purchased by such Subject (“Review”). You may only leave a

Rating or submit a Review once the Photography Services have been provided for the relevant Booking.  ZIRI can remove a Rating at any time, in its sole discretion.  A Subject must provide true, fair and accurate information in their Review.

You acknowledge and agree that any Rating, Review, questions, comments, suggestions, ideas, feedback or other information about the Service (“Submissions”), provided by you to ZIRI are non-confidential and ZIRI will be entitled to the unrestricted use and dissemination of these Submissions for any purpose, commercial or otherwise, without acknowledgment or compensation to you.  ZIRI’s rights to such Submissions includes, but is not limited to, creating an aggregate rating from the Ratings it receives and showing Users such aggregated ratings.

You acknowledge and agree that ZIRI may preserve content and may also disclose content if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to: (a) comply with legal process, applicable laws or government requests; (b) enforce these Terms of Service; (c) respond to claims that any content violates the rights of third parties; or (d) protect the rights, property, or personal safety of ZIRI, its users and the public. You understand that the technical processing and transmission of the Service, including your content, may involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices.

Copyright Complaints

ZIRI respects the intellectual property of others, and we ask our users to do the same. If you believe that your work has been copied in a way that constitutes copyright infringement, or that your intellectual property rights have been otherwise violated, you should notify ZIRI of your infringement claim in accordance with the procedure set forth below.

A notification of claimed copyright infringement should be emailed to ZIRI’s Copyright Agent at support@ZIRI.co.in (Subject line: “DMCA Takedown Request”).  To be effective, the notification must be in writing and contain the following information:

      an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest;


      a description of the copyrighted work or other intellectual property that you claim has been infringed;

      a description of where the material that you claim is infringing is located on the

Service, with enough detail that we may find it on the Service;

      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 or intellectual property 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 or intellectual property owner or authorized to act on the copyright or intellectual property owner’s behalf.

Counter-Notice

If you believe that your User Content that was removed (or to which access was disabled) is not infringing, or that you have the authorization from the copyright owner, the copyright owner’s agent, or pursuant to the law, to upload and use the content in your User Content, you may send a written counter-notice containing the following information to the Copyright Agent:

      your physical or electronic signature;

      identification of the content that has been removed or to which access has been disabled and the location at which the content appeared before it was removed or disabled;

      a statement that you have a good faith belief that the content was removed or disabled as a result of mistake or a misidentification of the content; and

      your name, address, telephone number, and email address, a statement that you consent to the jurisdiction of the district court located in meerut and a statement that you will accept service of process from the person who provided notification of the alleged infringement.

If a counter-notice is received by the Copyright Agent, ZIRI will send a copy of the counter-notice to the original complaining party informing that person that it may replace the removed content or cease disabling it in 10 business days. Unless the copyright owner files an action seeking a court order against the content provider, member or user, the removed content may be replaced, or access to it restored, in 10 to 14 business days or more after receipt of the counter-notice, at our sole discretion.

Repeat Infringer Policy

In accordance with the applicable law, ZIRI has adopted a policy of terminating, in appropriate circumstances and at ZIRI's sole discretion, users who are deemed to be repeat infringers.  ZIRI may also at its sole discretion limit access to the Service and/or terminate the memberships of any users who infringe any intellectual property rights of others, whether or not there is any repeat infringement.

Third Party Websites

The Service may provide, or third parties may provide, links or other access to other sites and resources on the Internet. ZIRI has no control over such sites and resources and ZIRI is not responsible for and does not endorse such sites and resources.  You further acknowledge and agree that ZIRI will not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any content, events, goods or services available on or through any such site or resource.   Any dealings you have with third parties found while using the Service are between you and the third party, and you agree that ZIRI is not liable for any loss or claim that you may have against any such third party.

Social Networking Services

You may enable or log in to the Service via various online third party services, such as social media and social networking services like Facebook or Twitter (“Social Networking Services”). By logging in or directly integrating these Social Networking Services into the Service, we make your online experiences richer and more personalized. To take advantage of this feature and capabilities, we may ask you to authenticate, register for or log into Social Networking Services on the websites of their respective providers. As part of such integration, the Social Networking Services will provide us with access to certain information that you have provided to such Social Networking Services, and we will use, store and disclose such information in accordance with our Privacy Policy. For more information about the implications of activating these Social Networking Services and ZIRI’s use, storage and disclosure of information related to you and your use of such services within ZIRI (including your friend lists and the like), please see our Privacy Policy at www.ZIRI.co.in. However, please remember that the manner in which Social Networking Services use, store and disclose your information is governed solely by the policies of such third parties, and ZIRI shall have no liability or responsibility for the privacy practices or other actions of any third party site or service that may be enabled within the Service.

In addition, ZIRI is not responsible for the accuracy, availability or reliability of any information, content, goods, data, opinions, advice or statements made available in connection with Social Networking Services. As such, ZIRI is not liable for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such Social Networking Services. ZIRI enables these features merely as a convenience and the integration or inclusion of such features does not imply an endorsement or recommendation.

Indemnity and Release

You agree to release, indemnify and hold ZIRI, and if you are a Photographer, hold

Subjects, and their affiliates and their officers, employees, directors and agents (collectively, “Indemnitees”) harmless from any from any and all losses, damages, expenses, including reasonable attorneys’ fees, rights, claims, actions of any kind and injury (including death) arising out of or relating to your use of the Service, any User Content, your connection to the Service, your violation of these Terms of Service or your violation of any rights of another.

Notwithstanding the foregoing, you will have no obligation to indemnify or hold harmless any Indemnitee from or against any liability, losses, damages or expenses incurred as a result of any action or inaction of such Indemnitee.

Disclaimer of Warranties:

 

YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE”

BASIS. ZIRI EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED OR STATUTORY,

INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR

PURPOSE, TITLE AND NON-INFRINGEMENT. ZIRI MAKES NO WARRANTY THAT (I) THE SERVICE WILL MEET

YOUR REQUIREMENTS, (II) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (III) THE

RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE, OR (IV) THE

QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU

THROUGH THE SERVICE WILL MEET YOUR EXPECTATIONS.

 

 

Limitation of Liability:

 

YOU EXPRESSLY UNDERSTAND AND AGREE THAT ZIRI WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL,

CONSEQUENTIAL, EXEMPLARY DAMAGES, OR DAMAGES FOR LOSS OF PROFITS INCLUDING BUT NOT LIMITED TO,

DAMAGES FOR LOSS OF GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF ZIRI HAS BEEN ADVISED OF

THE POSSIBILITY OF SUCH DAMAGES), WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR

OTHERWISE, RESULTING FROM: (I) THE USE OR THE INABILITY TO USE THE SERVICE; (II) THE COST OF PROCUREMENT

OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED

OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SERVICE;

(III) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (IV) STATEMENTS OR CONDUCT

OF ANY THIRD PARTY ON THE SERVICE; OR (V) ANY OTHER MATTER RELATING TO THE SERVICE. IN NO EVENT

WILL ZIRI’S TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES OR CAUSES OF ACTION EXCEED THE AMOUNT YOU

HAVE PAID ZIRI IN THE LAST SIX (6) MONTHS, OR, IF GREATER, Three Thousand  Rupees (INR3000). SOME JURISDICTIONS

DO NOT ALLOW THE DISCLAIMER OR EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF

LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS SET

FORTH ABOVE MAY NOT APPLY TO YOU OR BE ENFORCEABLE WITH RESPECT TO YOU. IF YOU ARE DISSATISFIED WITH

ANY PORTION OF THE SERVICE OR WITH THESE TERMS OF SERVICE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO

DISCONTINUE USE OF THE SERVICE.

 

 

Dispute Resolution By Binding Arbitration

PLEASE READ THIS SECTION CAREFULLY AS IT AFFECTS YOUR RIGHTS.

a. Agreement to Arbitrate

This Dispute Resolution by Binding Arbitration section is referred to in this Terms of Service as the “Arbitration Agreement.”  You agree that any and all disputes or claims that have arisen or may arise between you and ZIRI, whether arising out of or relating to this Terms of Service (including any alleged breach thereof), the Services, any advertising, any aspect of the relationship or transactions between us, shall be resolved exclusively through final and binding arbitration, rather than a court, in accordance with the terms of this Arbitration Agreement, except that you may assert individual claims in small claims court, if your claims qualify.  Further, this Arbitration Agreement does not preclude you from bringing issues to the attention of federal, state, or local agencies, and such agencies can, if the law allows, seek relief against us on your behalf.  You agree that, by entering into this Terms of Service, you and ZIRI are each waiving the right to a trial by jury or to participate in a class action.  Your rights will be determined by a neutral arbitrator, not a judge or jury.

b. Prohibition of Class and Representative Actions and Non-Individualized Relief

 

YOU AND ZIRI AGREE THAT EACH OF US MAY BRING CLAIMS AGAINST THE OTHER ONLY ON AN INDIVIDUAL BASIS AND

NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE ACTION OR

PROCEEDING.  UNLESS BOTH YOU AND ZIRI AGREE OTHERWISE, THE

ARBITRATOR MAY NOT CONSOLIDATE OR JOIN MORE THAN ONE PERSON’S OR PARTY’S CLAIMS AND MAY NOT

OTHERWISE PRESIDE OVER ANY FORM OF A CONSOLIDATED, REPRESENTATIVE, OR CLASS PROCEEDING. ALSO, THE

ARBITRATOR MAY AWARD RELIEF (INCLUDING MONETARY, INJUNCTIVE, AND DECLARATORY RELIEF) ONLY IN FAVOR OF

THE INDIVIDUAL PARTY SEEKING RELIEF AND ONLY TO THE EXTENT NECESSARY TO PROVIDE RELIEF NECESSITATED BY

THAT PARTY’S INDIVIDUAL CLAIM(S).

 

To the extent a court or the arbitrator determines that this class action waiver is invalid, for any reason, it shall not be severable from this Terms and the class or collective claims will be considered excluded claims that must be litigated in a  court of competent jurisdiction Notwithstanding any other clause contained in this arbitration provision, any claim that all or part of the class action waiver is invalid, unenforceable void or voidable may be determined only by a court of competent jurisdiction and not by an arbitrator. The class action waiver shall be severable when a dispute is filed as an individual action and severance is necessary to ensure that the individual action proceeds in arbitration.

 

c. Pre-Arbitration Dispute Resolution

ZIRI is always interested in resolving disputes amicably and efficiently, and most customer concerns can be resolved quickly and to the customer’s satisfaction by emailing customer support at infot@ZIRI.co.in  If such efforts prove unsuccessful, a party who intends to seek arbitration must first send to the other, by certified mail, a written Notice of Dispute (“Notice”).  The Notice to ZIRI should be sent at the office address to be provided upon contacting ZIRI support. The Notice must (i) describe the nature and basis of the claim or dispute and (ii) set forth the specific relief sought.  If ZIRI and you do not resolve the claim within sixty (60) calendar days after the Notice is received, you or ZIRI may commence an arbitration proceeding.  During the arbitration, the amount of any settlement offer made by ZIRI or you shall not be disclosed to the arbitrator until after the arbitrator determines the amount, if any, to which you or ZIRI is entitled.

f. Confidentiality

All aspects of the arbitration proceeding, and any ruling, decision, or award by the arbitrator, will be strictly confidential for the benefit of all parties.

g. Severability

If a court or the arbitrator decides that any term or provision of this Arbitration

Agreement (other than the subsection (b) titled “Prohibition of Class and Representative Actions and Non-Individualized Relief” above) is invalid or unenforceable, the parties agree to replace such term or provision with a term or provision that is valid and enforceable and that comes closest to expressing the intention of the invalid or unenforceable term or provision, and this Arbitration Agreement shall be enforceable as so modified.  If a court or the arbitrator decides that any of the provisions of subsection (b) above titled “Prohibition of Class and Representative Actions and Non-Individualized Relief” are invalid or unenforceable, then the entirety of this Arbitration Agreement shall be null and void.  The remainder of the Terms of Service will continue to apply.

h. Future Changes to Arbitration Agreement

Notwithstanding any provision in this Terms of Service to the contrary, ZIRI agrees that if it makes any future change to this Arbitration Agreement (other than a change to the Notice Address) while you are a user of the Services, you may reject any such change by sending ZIRI written notice within thirty (30) calendar days of the change to the Notice Address provided above.  By rejecting any future change, you are agreeing that you will arbitrate any dispute between us in accordance with the language of this Arbitration Agreement as of the date you first accepted these Terms of Service (or accepted any subsequent changes to these Terms of Service).

Termination

You agree that ZIRI, in its sole discretion, may suspend or terminate your account (or any part thereof) or use of the Service and remove and discard any content within the Service, for any reason, including, without limitation, for lack of use or if ZIRI believes that you have violated or acted inconsistently with the letter or spirit of these Terms of Service. Any suspected fraudulent, abusive or illegal activity that may be grounds for termination of your use of Service, may be referred to appropriate law enforcement authorities. ZIRI may also in its sole discretion and at any time discontinue providing the Service, or any part thereof, with or without notice. You agree that any termination of your access to the Service under any provision of this Terms of Service may be effected without prior notice, and acknowledge and agree that ZIRI may immediately deactivate or delete your account and all related information and files in your account and/or bar any further access to such files or the Service. Further, you agree that ZIRI will not be liable to you or any third party for any termination of your access to the Service.

User Disputes

You agree that you are solely responsible for your interactions with any other user in connection with the Service and ZIRI will have no liability or responsibility with respect thereto.  ZIRI reserves the right, but has no obligation, to become involved in any way with disputes between you and any other user of the Service.

General

These Terms of Service constitute the entire agreement between you and ZIRI and govern your use of the Service, superseding any prior agreements between you and ZIRI with respect to the Service. You also may be subject to additional terms and conditions that may apply when you use affiliate or third party services, third party content or third party software. These Terms of Service will be governed by the laws of the State of California without regard to its conflict of law provisions. With respect to any disputes or claims not subject to arbitration, as set forth above, you and ZIRI agree to submit to the personal and exclusive jurisdiction of the court.. The failure of ZIRI to exercise or enforce any right or provision of these Terms of Service will not constitute a waiver of such right or provision. If any provision of these Terms of Service is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of these Terms of Service remain in full force and effect. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Service or these Terms of Service must be filed within one (1) year after such claim or cause of action arose or be forever barred. A printed version of this agreement and of any notice given in electronic form will be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. You may not assign this Terms of Service without the prior written consent of ZIRI, but ZIRI may assign or transfer this Terms of Service, in whole or in part, without restriction. The section titles in these Terms of Service are for convenience only and have no legal or contractual effect. Notices to you may be made via either email or regular mail. The Service may also provide notices to you of changes to these Terms of Service or other matters by displaying notices or links to notices generally on the Service.

Applicable Law:

The law that is applicable to the Terms and Conditions and the courts that have exclusive personal jurisdiction in relation to any dispute or matter arising out of or in connection with the Terms and Conditions shall depend upon the contracting ZIRI entity.

Applicable Law:

Republic of India

Competent Jurisdiction:

Meerut District Court

Your Privacy

At ZIRI, we respect the privacy of our users. For details please see our Privacy Policy. By using the Service, you consent to our collection and use of personal data as outlined therein.

Contact Us

Please contact us at support@ziri.co.in to report any violations of these Terms of Service or to pose any questions regarding this Terms of Service or the Service.

You may contact us for any urgent grievances at +919760134170.

You can mail us at our office address:

ZIRI TECH PRIVATE LIMITED,

SHARDHNA ROAD, 250001, UP, INDIA