THIS ZEEZEE.COM TERMS OF USE ("AGREEMENT") IS A LEGAL AND BINDING AGREEMENT BETWEEN YOU ("YOU," "YOUR" OR "YOURSELF"), AS THE END USER, AND ZEEZEE.COM Ltd.. ("OUR," "US," "WE" OR "ZEEZEE"), WHICH GOVERNS YOUR USE OF OUR INTERNET-BASED INFORMATION SUBSCRIPTION SERVICE TOGETHER WITH ALL INFORMATION, CONTENT, PRODUCTS, MATERIALS AND SERVICES MADE AVAILABLE TO YOU THROUGH THE SAME BY US AND/OR THIRD PARTIES (COLLECTIVELY, "THE SERVICE"). PLEASE READ THIS AGREEMENT CAREFULLY PRIOR TO USING THE SERVICE. BY REGISTERING FOR, USING OR OTHERWISE ACCESSING THE SERVICE, OR ANY COMPONENT THEREOF, IN ANY MANNER WHATSOEVER, YOU ARE ACKNOWLEDGING THAT YOU HAVE READ AND UNDERSTOOD THIS AGREEMENT, CONSENTING TO BECOME A PARTY TO THIS AGREEMENT AND AGREEING TO BE BOUND BY AND COMPLY WITH THE TERMS AND CONDITIONS HEREIN. THE SERVICE IS OFFERED AND MADE AVAILABLE ONLY TO USERS 18 YEARS OF AGE OR OLDER AND RESIDES IN THE UNITED STATES OF AMERICA. IF YOU ARE NOT YET 18 YEARS OLD, PLEASE DISCONTINUE USING THE SERVICE IMMEDIATELY, OR IF, FOR ANY REASON, YOU DO NOT ACCEPT AND AGREE TO ALL THE TERMS AND CONDITIONS OF THIS AGREEMENT, PLEASE DISCONTINUE THE REGISTRATION PROCESS AND DO NOT ACCESS OR USE THE SERVICE, SOFTWARE OR ANY MUSIC, TEXT OR OTHER MATERIAL AVAILABLE THROUGH THE SERVICE IN ANY MANNER.

When we refer to the "use" of the Services in this Agreement, we mean any actual or attempted access or use of the Service, including, without limitation, any transmission, exchange of information or communication associated with the Services. These terms and conditions, together with the other terms of use applicable to other zeezee owned or controlled web sites and any other policies, rules and provisions which are described, linked or otherwise referred to and form a part of this Agreement, including, without limitation our Privacy Policy constitute the entire agreement between you and us, superseding any and all prior or inconsistent understandings, representations or agreements regarding the Service.

 

§1. ENROLLMENT IN THE SERVICE

zeezee currently provides the Service for searching the internet for your choosen music tracks. The Service consists of multiple subscription plans whereby, for a certain recurring fee and subject to certain limitations as described herein, you are granted specified rights to choose music tracks for matching them with official music sources. In order to use the Service, you must obtain access to the Internet and pay any service fees associated with such access. In addition, you must provide all equipment necessary to make such connection to the Internet. To enroll you must be at least 18 years of age and reside in the United States of America. To begin the enrollment process, you must complete the Service registration process located on our web site at https://www.zeezee.com/register ("zeezee Site") or such other registration process as we may provide from time to time.

 

§2. MODIFICATION

We may add, delete or modify any of the aspects of our Service and/or any of the terms and conditions contained in this Agreement at any time in our sole discretion. We may notify you of any such changes by posting a change notice on our site at http://www.zeezee.com and/or by sending you an email at the email address associated with your Service account, at zeezee’s sole discretion. If any modification is unacceptable to you, you must stop using the Service. Unless otherwise specifically set forth in our notice, all changes shall be effective upon the date we notify you of the same ("effective date"). Your continued use of the Service following the effective date will constitute your binding acceptance of and agreement to be bound by the changes specified therein. You should check back frequently and review the terms and conditions of this Agreement regularly so you are aware of the most current rights and obligations that apply to you and the terms and conditions of your agreement with us. If any new products or services become available, they will be considered a part of the Service and your use of them will be governed by the terms and conditions of this Agreement unless we notify you that different terms and conditions apply. You must also comply with any additional terms which apply to third-party content, material, information, software or other services.

 

§3. YOUR REGISTRATION OBLIGATIONS

You agree to provide true, accurate, current and complete information about yourself as prompted by the Service registration process (such information being the "Registration Data"). You further agree that, in providing such Registration Data, you will not knowingly omit or misrepresent any material facts or information and that you will promptly enter corrected or updated Registration Data via the Service, or otherwise advise us promptly in writing of any such changes or updates. You further consent and authorize us to verify your Registration Data as required for your use of and access to the Service, as applicable. Once you register/subscribe to the Service, you are granted access via a unique user ID (your email address) and password in connection with your account (collectively referred to herein as "IDs"). You agree that you will not allow another person to use your IDs to access and use the Service under any circumstances. You are solely and entirely responsible for maintaining the confidentiality of your IDs and for any charges, damages, liabilities or losses incurred or suffered as a result of your you failure to do so. We are not liable for any harm caused by or related to the theft of your IDs, your disclosure of your IDs, or your authorization to allow another person to access and use the Service using your IDs. Furthermore, you are solely and entirely responsible for any and all activities that occur under your account including any charges incurred relating to the Service. You agree to immediately notify us of any unauthorized use of your account or any other breach of security known to you. You acknowledge that the complete privacy of your data and messages transmitted while using the Service cannot be guaranteed.

 

§4. ZEEZEE PRIVACY POLICY

zeezee takes your privacy seriously and operates under the policies and principles outlined in its Privacy Policy, which contains important information and disclosures relating to the collection and use of your personally identifiable information in connection with your use of the Service. Our Privacy Policy is set forth at http://www.zeezee.com/info/terms.

 

§5. TECHNOLOGICAL AND USE LIMITATIONS

5.1 zeezee will make reasonable efforts to keep the zeezee Site operational. However, certain technical difficulties, routine site maintenance/upgrades and any other events outside the control of zeezee may, from time to time, result in temporary service interruptions. zeezee also reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, functions of the Service with or without notice. You agree that zeezee shall not be liable to you or to any third party for any of the direct or indirect consequences of any modification, suspension, discontinuance of or interruption to the Service.
5.2 By enrolling in the Service, you acknowledge and agree that zeezee can’t guarantee you successful matching results. You may make recordings of any found/matched music for your own personal use under the applicable law of your country.
5.3 Because the Service is designed for personal use, you are not allowed to use any automated system for the selection of tracks. zeezee reserves the right to immediately and permanently terminate your access to the Service if zeezee believes that you are violating such limitation.
5.4 You may not use or allow others to use, your IDs and/or the Service, directly or indirectly, nor upload, distribute, transmit, communicate, link to, publish or access any data, information or material through, using or otherwise in connection with the Service, that: (a) is libelous, defamatory, vulgar or obscene, pornographic, sexually offensive or explicit, harmful or harassing, threatening, hateful, racially, culturally, ethnically or otherwise objectionable or offensive, discriminatory or abusive; (b) violates any law or regulation or the rights of others; (c) causes duress, distress or discomfort to another or is likely to deter or discourage others from using the Service; and/or (d) infringes any intellectual property, proprietary rights or confidentiality obligations of others. You are solely responsible and liable for any such activity, behavior, use and conduct. We have no liability and you bear the sole and exclusive risk associated with use of or reliance on the accuracy, quality, completeness, reliability or usefulness of any data, information or material in connection with your IDs. You also may not use, nor allow others to use, your IDs, the Service, directly or indirectly, to: (a) attempt to or actually disrupt, impair or interfere with, alter or modify the Service or any information, data or materials posted and/or displayed by us or anyone else; (b) act in a way that affects or reflects negatively on us, the Service, or anyone else; (c) collect or attempt to collect any information from others including, without limitation, personally identifiable information, without such party's prior consent. You agree to comply with all local, state, federal laws, statutes, rules and regulations, as well as any international treaties, which are applicable to your use of the Service.
5.5 You are prohibited from violating or attempting to violate the security of the Service, including, without limitation: (a) accessing data not intended for you or logging onto a processor, communications or access device or account which you are not authorized to access; (b) attempting to probe, scan or test the vulnerability of the Service or to breach security or authentication measures, regardless of your motives or intent; (c) attempting to interfere with or disrupt the Service or service to any user, processor, host or network, including, without limitation, by submitting a virus, worm or Trojan horse; or (d) sending unsolicited e-mail or other information, including promotions or advertising. Violations of system or network security or this Agreement may result in civil or criminal liability. We have the right to investigate occurrences, which may involve such violations and we may involve, provide information to and cooperate with, law enforcement authorities in prosecuting users who are involved in such violations.
5.6 zeezee derives its rights used on the Service from third parties for fixed periods of time and/or limited territories. As well, zeezee is sometimes required to pull certain data off the Service for legal or commercial reasons. Therefore, certain datas offered or advertised by zeezee may not be available when you try to choose, and not all datas are available at any time. Furthermore, you are prohibited from using or accessing the Service if you live in a country outside of the Service territory, currently the United States.
5.7 The zeezee Multiple-Download Manager can be used to download your recorded tracks from your personal webspace.
5.8 You agree that you will not, for any reason whatsoever, reverse engineer, decompile,
disassemble, or otherwise tamper with any security components, usage rules or other
protection measures applicable to the Service or the content available on the Service. You agree to abide by the rules and policies established from time to time by zeezee. Such rules and policies will be applied generally in a nondiscriminatory manner to users of the Service and software, and may include, for example, required or automated updates, modifications, and/or reinstallations of the software and obtaining available patches to address security, interoperability, and/or performance issues.

 

§6. TERM, FEES, PAYMENTS; TRIAL PERIOD PROVISIONS

6.1 Music Subscription:
6.1.1 By registering for the music Service, you agree to pay the recurring fees designated for the music Service level you select in accordance with Your Account, which can be found at https://www.zeezee.com/profile, and in accordance with this section 6.1. Additional charges may include service level changes you request or other purchases you make. Subject to your right to terminate the music Service prior to the Expiration of the a Music Trial Period (defined hereinafter), if any, as described in Section 6.1.3 below, you agree to pay the applicable amounts for the minimum period specified therein. For the avoidance of doubt, if you order direct an zeezee subscription plan without using a Music Trial Period you will be charged upon registration and are responsible for paying fees for the music Service as described in the preceding two sentences. The term "month" (or "monthly") is defined herein as a 30-day cycle; "quarter" (or "quarterly") is defined herein as a 90-day cycle;"semiannual" (or "semiannually" or "6-month") is defined as a 180-day cycle; "year" (or "annual" or "annually") is defined as a 360-day cycle; and "biennial" (or "biennially” or “two-year”) is defined herein as a 720-day cycle. Any time reference means Eastern Time.
6.1.2 Subject to the terms in Section 6.1.8 below, your music subscription will continue automatically at the fee rate applicable to the music Service, which you have selected unless terminated by zeezee or until you notify zeezee of your decision to cancel your subscription to the music Service. PLEASE NOTE THAT IF YOU DO NOT CANCEL ANY MUSIC TRIAL PERIOD (DESCRIBED AT 6.1.3 BELOW) WHICH APPLIES, THEN ON EXPIRY OF IT OR ALTERNATIVELY IF MORE FREE TRIAL MUSIC WISHES/TRACKS WERE MATCHED DURING YOUR MUSIC TRIAL PERIOD YOU WILL BE AUTOMATICALLY SUBSCRIBED TO ZEEZEE. See below the Section entitled Termination / Cancellation for cancellation instructions. All music subscriptions require a commitment for a minimum period(s) of time ("Music Service Level Period") and, consequently, cannot be cancelled until the end of the Music Service Level Period. You may, at any time during your music subscription period, set your music account to cancel, or select another monthly, quarterly , semiannual, or annual music subscription plan into which to renew, effective at the end of your then-current music plan. At the end of your monthly, quarterly, semiannual, or annual music subscription period(s), your music subscription will automatically renew and you will be billed for a monthly, quarterly, semiannual, or annual music subscription respectively at your then-current plan level, unless you elect to terminate the music Service or enroll in another version of the music Service. At the end of your current biennial music subscription period, your music subscription will automatically renew into an annual music subscription plan comparable to your biennial music subscription plan, and you will be billed for such annual music subscription plan. zeezee reserves the right to not automatically renew your music subscription.
6.1.3 If, when registering, you signed up for a music subscription with a "Music Trial Period," you will be allowed a period during which you can try out the music Service. Only one Music Trial Period is permitted per person. Certain tracks may not be available for choosing during your Music Trial Period. The Music Trial Period will expire upon the last day of the number of days indicated in the Music Trial Period offer concerned as calculated in Eastern Time, or, if earlier and/or applicable, the moment on which more than the “Free Tracks’ indicated in such offer were matched ("Expiration of the Music Trial Period"). (Please refer to the confirmation provided on the site and via email for the specific terms of your Music Trial Period). If you terminate the music Service prior to the Expiration of the Music Trial Period, you will not have any further obligation with respect to the version of the music Service to which you have committed and any access to the service will be denied. If you do not terminate and do nothing, at the Expiration of the Music Trial Period, you will be automatically subscribed to zeezee music membership and billed based on the payment plan selected when you registered (or as you may have updated through the "Your Account" section of the music Service). By signing up to a Music Trial Period, you understand and agree that: (i) you will be required to provide billing payment method upon registration; (ii) zeezee will obtain a pre-authorization for the fee amount that you will be charged at the Expiration of the Music Trial Period. It is possible that some financial institutions may perceive these requested amounts as actual pending charges. These are not actual charges however, and you are solely responsible for any rules that your credit card company applies to them, such as overdraft fees.
6.1.4 If, when registering, you signed up for a FREE trial music subscription you will be granted limited access to zeezee’s service. Upon cancellation of your FREE trial music subscription, you will have certain rights, which shall forfeit immidiately after cancellation. You have no other obligations after your cancellation on the FREE trial music subscription model.
6.1.5 Each month / quarter / 6-month / year / two-year (as applicable) during the term of this Agreement following the Expiration of the Music Trial Period, the fees for use of the music Service will be billed automatically to the credit card you designated during the music Service registration process or subsequently provided to zeezee. You agree to pay or have paid all fees and charges incurred in connection with your IDs for the music Service (including any applicable taxes) at the rates in effect when the charges were incurred. All fees and charges are nonrefundable. If you want to designate a different credit card or there is a change in credit card validity or expiration date, or if you believe someone has accessed the music Service using your IDs without your authorization, you must contact zeezee immediately at service@zeezee.com. Your credit card/bank details can be changed under www.zeezee.de/profile/payment.
6.1.6 Payment must be made by a major credit card accepted by zeezee (currently, VISA, MasterCard, American Express and Discover), or any other methods of payment as zeezee may accept from time to time. Your credit card will be billed monthly / quarterly / semiannually / annually / biennially (as applicable) in advance commencing on your Expiration of the Music Trial Period or on registration if you do not benefit from a Music Trial Period and continuing thereafter on a monthly / quarterly / semiannually / annually / biennially basis (as applicable) on the thirtieth (30th) / ninetieth (90th) / one hundred and eightieth (180th) / three hundred and sixtieth (360th) / seven hundred and twentieth (720th) day (as applicable, respectively) following the expiration of the preceding music billing period ("Music Billing Date"). If zeezee does not receive payment from the credit card issuer or its agent, you agree to pay all amounts due upon demand by zeezee. Your card issuer agreement governs your use of your designated card in connection with the music Service, and you must refer to that agreement and not this Agreement to determine your rights and liabilities as a cardholder. YOU, AND NOT ZEEZEE, ARE RESPONSIBLE FOR PAYING ANY AMOUNTS BILLED TO YOUR CREDIT CARD BY A THIRD PARTY, WHICH WERE NOT AUTHORIZED BY YOU. YOU ARE RESONSIBLE TO UPDATE YOUR INFORMATION ON YOUR ZEEZEE ACCOUNT (I.E. EXPIRATION DATE, CARDNUMBER). YOUR ACCOUNT CAN BE UPDATED UNDER WWW.ZEEZEE.COM/PROFILE.
6.1.7 If zeezee does not receive the full amount of your music Service account balance within thirty (30) days of the Music Billing Date, a late payment charge of one and two percent (2.0 %) per month (or the highest amount allowed by law, whichever is lower) may be added to your bill and immediately become due and payable. Unless you notify zeezee of any discrepancies within sixty (60) days after they first appear on your account statement, they will be deemed accepted by you for all purposes, including resolution of inquiries made by your card issuer. You release zeezee from all liabilities and claim of loss resulting from any error or discrepancy that is not reported to zeezee within sixty (60) days of its first appearance on an invoice or credit card statement.
6.1.8 You agree to pay zeezee all reasonable attorney's fees and costs incurred by zeezee to collect any past due amounts. Your music account may be deactivated without further notice if payment is past due, regardless of the dollar amount. You agree to pay any outstanding balance in full within thirty (30) days of cancellation or termination of your music Service account.
6.1.9 The fees, charges and payments hereunder do not include and you are solely responsible for paying any taxes, duties, government levies or other charges imposed by a taxing or other regulatory authority relating to your use of the music Service. You are solely responsible for arranging payment for any and all additional or premium charges for your use of any third party services via the music Service.
6.1.10 ZEEZEE RESERVES THE RIGHT, AT ANY TIME, TO CHANGE ITS SERVICE FEES AND BILLING METHODS, INCLUDING THE ADDITION OF SUPPLEMENTAL FEES OR SEPARATE CHARGES FOR SERVICES PROVIDED BY ZEEZEE, EFFECTIVE THIRTY (30) DAYS AFTER AN ONLINE POSTING AT WWW.ZEEZEE.COM. AT ZEEZEE’S SOLE DISCRETION, ZEEZEE MAY ALTERNATIVELY PROVIDE NOTICE OF ANY SUCH CHANGE VIA EMAIL, EFFECTIVE THIRTY (30) DAYS FROM THE DATE OF THE EMAIL INFORMING YOU OF ANY SUCH CHANGE. IF ANY SUCH CHANGE IS UNACCEPTABLE TO YOU, YOU MAY CANCEL YOUR SUBSCRIPTION/ACCOUNT TO THE ZEEZEE SERVICE, AS PROVIDED IN SECTION 7 BELOW. YOUR CONTINUED USE OF THE MUSIC SERVICE FOLLOWING THE EFFECTIVE DATE OF A CHANGE TO SUCH FEES AND BILLING METHODS SHALL CONSTITUTE YOUR ACCEPTANCE OF SUCH CHANGE.
6.1.11 Upgrade: Once you have entered into a paid Music Service level, you may upgrade. Upgrade means that you are selecting any higher subscription tier. Upgrade will be effective immediately or at latest after receipt of your payment. For subscriptions that means, that the upgrade will take effect immediately and you expressly agree that any remaining time of the former Music Service level will be forfaited. If you decide to upgrade, you agree to pay the whole amount for your your new upgraded music subscription and your existing music subscription will be forfaited. After the upgrade is effective, you agree to pay the recurring fees designated for the music Service level you upgraded for in accordance with Your Account, which can be found at https://www.zeezee.com/profile, and in accordance with this section 6.
6.1.12 In the event music wishes where matched incorrect, please contact Customer Service by sending an email to service@zeezee.com.
6.1.13 Any credit on tracks will elapse to a specific date. That date is stated on the document/paper/website where you received that code for those credits from. Those ‘credit on tracks’ underlied the following rules.:
6.1.13.1 Any credits on a specific number of tracks will be reduced by one (1) if a track in your wishlist was succesfully found (match). Any match which accords to your wishlist qualifies.
6.1.13.2 A track was found/matched when zeezee post that link to your zeezee account.
6.1.13.3 In no circumstances there will be automatated claims for unused tracks.                                                     
6.1.13.4 It is zeezee’s solely dicision to grant extra track(s) as goodwill for mismatched tracks.

6.2 Subject to certain limitations, zeezee allows you to place your Service account(s) on hold for a certain period of time (e.g., 30, 60 or 90 days maximum) (‘Hold Period’) starting the day before the next cycle associated with your music Service level (i.e., the next month if monthly Service level, the next quarter if quarterly Service level or the next 6-month if semiannual Service level). During your Hold Period, you will not be charged and you will not be able to choose any tracks on zeezee’s Service. At the end of your Hold Period, your monthly, bi-monthly, quarterly, semi-annual account will be re-activated and you will be charged the fee associated with your current Service level. At the end of your Hold Period, your annual account will be re-activated and, if you annual subscription reaches its renewal period during the hold period, you will be charged the fee associated with such Service level.

 
§7. TERMINATION/CANCELLATION

7.1 To cancel your account, please visit https://www.zeezee.com/profile/cancel or contact zeezee’s Customer Service by email (cancel@zeezee.com). If you cancel your subscription, zeezee will not refund any remaining part of your subscription fees nor any unused codes/credits in your account. Cancellation will take effect at the end of the billing period during which you deliver notice to zeezee or immediately if you are using zeezee without any subscription plan. Please note that, following cancellation of your subscription or account to the Service, you will not be able to access your recorded content and/or service.
7.2 We may terminate this Agreement, restrict, suspend or terminate your use of the Service immediately and without notice or liability, if you violate, breach or fail to comply with this Agreement in any way, and it will not limit any other rights or remedies which are available to us.
7.3 You may terminate this Agreement by providing us with written notice of your termination and ceasing to use Service. Termination is your sole right and exclusive remedy if you are not satisfied with the Service. Upon the effective date of any such termination, your right to use the Service shall immediately cease.
7.4 Termination of this Agreement shall not relieve you of any obligations to pay accrued charges, including any prorated charges accrued for the billing cycle in which this Agreement is terminated.
7.5 Without limitation of any other provisions hereof regarding termination, we reserve the right to terminate your use of the Service, without cause, upon reasonable notice. If such termination occurs in the middle of your subscription period, we shall refund to you a share of your prepaid subscription fee for the unused time period prorated.

 

§8. INTELLECTUAL PROPERTY RIGHTS

8.1 Only you may access the Service using your IDs, unless otherwise agreed to in writing by zeezee. The content available on zeezee’s websites is the property of zeezee or its licensors and is protected by copyright and other intellectual property laws. Content recorded by you (the user) may be used and played for your personal, non-commercial use only. You agree not to make use of the Content in a manner that would infringe the copyright therein (i.e. distribute, sell, transmit, braodcast, make available to third parties, etc.).
8.2 You acknowledge that zeezee retains ownership of the Service and all intellectual property rights associated therewith. Except as expressly provided herein, you are not granted any rights or license to patents, copyrights, trade secrets or trademarks with respect to the Service or its contents, and zeezee reserves all rights not expressly granted hereunder. You shall promptly notify zeezee in writing upon your discovery of any unauthorized use or infringement of the Service (or its contents) or zeezee's patent, copyright, trade secret, trademarks or other intellectual property rights. The Service contains proprietary and confidential information that is protected by copyright laws and international treaty provisions.
8.3 By posting messages, inputting data, suggesting playlists, suggesting ideas or engaging in any other form of communication through the Service, you irrevocably agree that any such content, and all intellectual property rights associated therewith, shall become our sole property. We may copy, sublicense, adapt, publicly perform, display or otherwise exploit any such content and rights in any manner whatsoever, throughout the world, in perpetuity, without any obligation to make any payment to you or others or to give you credit.

 

§9. THIRD PARTY SITES AND INFORMATION

Our website may include links to other sites on the Internet that are owned and operated by online merchants and other third parties, and which may contain references to information, software, materials, products, and/or services provided by the third party. These third party sites may contain information which some people consider inappropriate or offensive. You acknowledge that these third party sites are beyond our control, and we are not responsible for the availability of, or the content located on or through, any third-party site. You should contact the site administrator or webmaster for those third-party sites if you have any concerns regarding such links or the content located on such sites. Your use of those third-party sites is undertaken at your own risk, and is subject to the terms of use and privacy policies of each site. We include third party links or references merely as a convenience to our Users, and we do not endorse nor assume any liability for the third party websites, services, or products. You allow us expressly to share information with such sites for perfection of our service.

 

§10. LINKING POLICY

Any web site that links to our website or on which you include the widget: (a) may link to, but not replicate, any of the Content of our website; (b) must not imply that zeezee or our website or any content from it are endorsing or sponsoring it or its products, unless zeezee has given its prior written consent; (c) must not present false information about zeezee or its Service; (d) must not use any zeezee Services or trademarks except as expressly permitted in these Terms of Use or without the prior written permission from zeezee; (e) must not contain content that is illegal, obscene or defamatory, or that could be construed as distasteful, offensive or controversial; and (f) must not support, endorse or encourage piracy or the unauthorized exploitation of intellectual property rights. "Content" means any present, past and future content of the Service, including, but not limited to, software graphics, text, images, audio, designs, databases, trademarks, logos, domain names, trade names, service mark, any traded identities, any and all copyrighted materials (including source and object code), the "look and feel" of our website. By linking to our website, you agree that you do and will continue to comply with the above linking requirements. Notwithstanding anything to the contrary contained in these Terms of Use, we reserve the right to deny permission to link to our website for any reason in our sole and absolute discretion. zeezee reserves the right to remove links.

 

§11. DISCLAIMER OF WARRANTIES

YOU EXPRESSLY AGREE THAT USE OF AND ACCESS TO THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED ON AN "AS IS" AND AN "AS AVAILABLE" BASIS. WE DO NOT MAKE, AND HEREBY DISCLAIM, ANY REPRESENTATIONS OR WARRANTIES REGARDING THE SERVICE, THE ZEEZEE SITE AND THE PRODUCTS AND SERVICES OFFERED THROUGH THE ZEEZEE SITE OR ANY PORTION THEREOF, EXPRESS, IMPLIED OR STATUTORY, INCLUDING (WITHOUT LIMITATION) IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NONINFRINGEMENT OF THIRD PARTY RIGHTS, OR ANY WARRANTIES ARISING BY COURSE OF DEALING OR CUSTOM OF TRADE. WE MAKE NO REPRESENTATION OR WARRANTY THAT ANY MATERIAL, CONTENT, PRODUCTS OR SERVICES DISPLAYED ON OR OFFERED THROUGH THE SERVICE ARE ACCURATE, COMPLETE, APPROPRIATE, RELIABLE, OR TIMELY. WE ALSO MAKE NO REPRESENTATIONS OR WARRANTIES THAT THE SERVICE WILL MEET YOUR REQUIREMENTS AND/OR YOUR ACCESS TO AND USE OF THE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE, FREE OF VIRUSES, MALICIOUS CODE, OR OTHER HARMFUL COMPONENTS, OR OTHERWISE SECURE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES. ACCORDINGLY, SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.

 
§12. LIMITATION OF LIABILITY

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, NEITHER ZEEZEE, ITS LICENSORS, SUPPLIERS, PARTNERS, AFFILIATES OR THIRD-PARTY SERVICE PROVIDERS SHALL BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE OR CONSEQUENTIAL DAMAGES, OR ANY OTHER FORM OF DAMAGES IN ANY MANNER ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT OR YOUR USE OF THE SERVICE, REGARDLESS OF THE FORM OF ACTION OR THE BASIS OF THE CLAIM OR WHETHER OR NOT ZEEZEE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS AND EXCLUSIONS MAY NOT APPLY TO YOU.

 

§13. INDEMNITY

You agree to defend, indemnify and hold us harmless against any losses, expenses, costs or damages (including our reasonable attorneys' fees, expert fees' and other reasonable costs of litigation or proceedings) arising from, incurred as a result of, or in any manner related to any claim or action based upon (a) your breach of, or failure to comply with, the terms and conditions of this Agreement, (b) your use of the Service, and/or (c) the use of the Service by any other person using your IDs. We may, in our discretion, participate in the defense of any such claim or action and any negotiations for its settlement or compromise. No settlement which may adversely affect our rights or obligations shall be made without our prior written approval. We reserve the right, at our own expense and on notice to you, to assume exclusive defense and control of any such claim or action and then your corresponding indemnification obligation will end.

 

§14. CHOICE OF LAW AND CONSENT TO JURISDICTION

This Agreement is governed by the laws of Germany, without regard to its conflicts of law provisions; and you hereby consent to the exclusive jurisdiction of and venue in the courts located in Stuttgart, Germany, with respect to all disputes arising out of or relating to the Service. In addition, you hereby consent to the exclusive jurisdiction of and venue in such courts for any action commenced by you against us (or our affiliates).

 

§15. OTHER IMPORTANT PROVISIONS

15.1 Use of the Service is unauthorized in any jurisdiction that does not give effect to all provisions of these terms and conditions, including without limitation this Section.
15.2 You shall not use the Service in any manner contrary to local, state or federal law. zeezee expressly disclaims any and all responsibility or liability for any action by you that is contrary to such law(s) by you and reserves the right to terminate your Service immediately upon notice of your failure to comply with any such local, state or federal law.
15.3 Our performance of this Agreement is subject to existing laws and legal process, and nothing contained in this Agreement is in derogation of our right to comply with governmental, court and law enforcement requests or requirements relating to your use of the Service or information provided to or gathered by us with respect to such use.
15.4 If any part of this Agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the Agreement shall continue in effect.
15.5 No failure or delay in enforcing any provision, exercising any option or requiring performance, shall be construed to be a waiver of that or any other right in connection with this Agreement.
15.6 You may not assign your rights under this Agreement without our prior written permission and any attempt by you to do so shall be void from inception.
15.7 This Agreement, together with our Privacy Policy and any other rules, regulations, procedures and policies which we refer to and which are hereby incorporated herein by this reference, constitutes the entire agreement between you and us with respect to the Service and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between you and us with respect to the Service.
15.8 Any provision which must survive in order to allow us to enforce its meaning shall survive the termination of this Agreement; provided, however, no action arising out of this Agreement or your use of the Service, regardless of form or the basis of the claim, may be brought by you more than one (1) year after the cause of action has arisen (or if multiple causes, from the date the first such cause arose) (subject to any shorter limitation applicable pursuant to Section 6.9 above) and you hereby waive any longer statute of limitations that may be permitted by law.
15.9 A