ZEES, LLC – Terms of Service
Last Updated: May 2019
The following are the Terms of Service (“Terms”) that govern your use of zeesmedia.com and our online services and mobile applications (collectively, the “Service”) of ZEES, LLC (“ZEES,” “we,” “us” or “our”).

When you use the Services, you will be subject to ZEES’ Privacy Policy, Community Guidelines, and any other additional guidelines or rules that are posted on the Services or made available to you, or applicable to specific services and features that are disclosed to you in connection with such services. All such policies, terms, and guidelines (the “Guidelines”) are incorporated into these Terms of Service by reference.
Accepting these Terms
We provide access to the Service subject to these Terms. By using or accessing the Service, you agree to be bound by these Terms. Please read all of the Terms before you use the Service. If you don’t agree to all of the Terms, you may not use the Service. These Terms create a binding legal agreement between you and ZEES, with the same legal effect and force as a written and signed document.
Changes to these Terms
We may change these Terms from time to time. For example, we may change these Terms if we release a new feature. Any changes we make to these Terms will be effective when we post them on our application and website or otherwise distribute them to our users. Your access to or use of the Service after we have changed these Terms will constitute your acceptance and agreement to the changes made to these Terms. If you do not agree with the changes to these Terms, your sole remedy is to not use the Service.
Privacy Policy
Your use of the Service will also be subject to the terms and provisions of the ZEES Privacy Policy, incorporated herein by reference.
Description of the Service
ZEES provides a video viewing platform for ASMR content. We recruit top AMSR content creators (“Creators”) to create ASMR-related content for our platform, which users have access to through a subscription

Through the Services, you may be able to access and post Content to our platform and related services. “Content” includes any materials that you, other users or other Creators post to our Service, including photos, videos, and comments. The Service may provide you with access to certain Content provided by ZEES. The Service may also enable you to comment upon certain Content that our other users have posted to the Service.

For more information about the Service, please contact us at customer.support@zeesmedia.com .
Right to Use the Service
The Service is intended for personal, non-commercial use. Subject to your full compliance with these Terms and applicable law, ZEES grants you a single, limited, nonexclusive, non-transferable and revocable personal license to access and use the Service in the form provided by ZEES. Except as expressly authorized by these Terms, you may not: (a) modify, disclose, alter, translate or create derivative works of the Service; (b) license, sublicense, resell, distribute, lease, rent, lend, transfer, assign or otherwise dispose of the Service; (c) disassemble, decompile or reverse engineer any of the software components of the Service; (d) copy, frame or mirror any part of the Service; (e) interfere with or disrupt the integrity or performance of the Service; (f) attempt to gain unauthorized access to the Service or its related systems or networks or attempt to introduce viruses or other computer code, files or programs that disrupt, interrupt, destroy or limit the functionality of any computer software, hardware or equipment; (g) remove, alter or obscure any copyright, trademark or other proprietary notice on or in the Service; or (h) use the Service for any unintended, improper or illegal purpose or to harass, abuse, stalk, threaten, defame or infringe the rights of any other person or party. You also agree to abide by our Community Guidelines, available at zeesmedia.com. Any violation of these Terms can result in termination by us of your license and right to use the Service and any accounts created in connection with the Service, as well as possible legal action. We reserve all rights to the Service not specifically granted in these Terms.
Age Limitation
By using the Service or creating an account, you represent (i.e. promise) that you are over the age of 13 years. If you are under 13 years of age, you are prohibited from using the Service or having an account with ZEES.

If you are not of legal age to form a binding contract (in many places, this is 18 years old), then before you provide any information to us or use the Service, you must get your parent or guardian to read these Terms and agree to them for you. Please review these Terms with your parent or guardian so that you both understand how ZEES works and what restrictions apply to your use of the Service. If you are under 18 years old and use the Service, you represent that you have consent from your parent or guardian to use the Service in accordance with these Terms.
Creating a User Account with ZEES
The Service permits you to create a user account. You agree to maintain the security of your user ID and password and accept all risk that someone may access your account without your permission. As a user you are also aware that a compromised password can lead to your sensitive and personal information being viewed or obtained by a third party. If you discover or suspect any Service security breaches, you must notify ZEES as soon as possible. You represent, warrant and agree that all information that you provide in connection with your account is and will be accurate, truthful, current and complete. ZEES reserves the right to terminate, disable or suspend any account at any time in its sole and absolute discretion
Creating a Creator Account with ZEES
The Service permits Creators to form a creator account. Before forming a creator account, each Creator must enter into a separate written agreement signed by the Creator and an authorized agent of (“Creator Contract”). The Creator Contract will set forth the rights and obligations of the Creator and ZEES. Creators agree to be bound by these Terms and the terms and conditions of their Creator Contracts. In the event the terms of the Creator Contract conflict with these Terms, the terms of the Creator Contract shall control.
Payment
You understand that use of the Service may result in charges to you for the services or goods you receive (“Charges”). The current schedule of fees for the Service is set forth on the Pricing page. ZEES may revise such schedule from time to time, provided that the revised fees will be effective only with regard to Services that you request after the revised fees have been posted. Charges you incur will be owed and paid directly to ZEES or its affiliates.

ZEES may provide you with the ability to pay the Fees through a service such as PayPal or Stripe Checkout. All subscriptions paid through such third parties are subject to the third party’s Terms of Service, and ZEES will not be responsible for anything contained therein. You are responsible for payment of any sales or use taxes associated with the Charges or your use of Service.

If your primary account payment method is determined to be expired, invalid or otherwise not able to be charged, you agree that ZEES may use a secondary payment method in your account, if available. Charges paid by you are final and non-refundable, unless otherwise determined by ZEES. You agree that ZEES or our designated third party service provider is authorized to disclose information submitted to us in connection with your use of the Service to our third party payment processors for purposes of processing transactions on your behalf via the Service.
Promotions
ZEES may, from time to time, provide certain users with promotional offers and discounts that may result in different amounts charged for the same or similar services or goods obtained through the use of the Services, and you agree that such promotional offers and discounts, unless also made available to you, shall have no bearing on your use of the Service or the Charges applied to you.

From time to time, ZEES may make available certain rewards and other promotions through the Service. ZEES may make such rewards and promotions available or remove any such items at any time in its sole discretion. To the extent such rewards and promotions relate to goods or services of a third party, the terms and conditions applicable to the purchase of such items will be subject to separate terms and conditions provided or made available by the third party provider of such goods and services. ZEES will have no responsibility or liability relating to the provision, sale or use of any such goods and services.
Our Rights
Except as explicitly set forth in these Terms or, with respect to a Creator, his or her Creator Contract, all right, title, and interest in the Service and any content contained therein is the exclusive property of ZEES. As between you and ZEES, the Service and all information, materials and content included in, on or with the Service, including text, graphics, data, formatting, graphs, designs, HTML, look and feel, photographs, music, sounds, images, software, videos, designs, typefaces, source and object code, format, queries, algorithms and other content is exclusively owned by ZEES or is used with permission. The Service is protected by United States and international copyright and intellectual property laws and regulations

You will retain any rights you have with respect to your Content. However, when you post, link or otherwise make available Content to the Service, you grant us a nonexclusive, royalty-free, perpetual, irrevocable and fully sublicensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform and display such Content throughout the world in any manner or media, on or off the Service.
Links to Third Parties
Our Service may include certain third party content or services, including, for example, links to third party websites, services and locations(“Third Party Materials”). Our users may also include Third Party Materials in the Content that they post to the Service. We do not control or endorse any Third Party Materials, and we are not responsible for reviewing the accuracy of any Third Party Materials. When you click on such a link, you will leave our site and go to another site. During this process, a third party may collect your personal information from you. Your connection to and use of such third party website or services are subject to such third party’s terms and conditions and privacy policy.
YOUTUBE AND GOOGLE
Zees Creator Portal uses YouTube Data API Services as a Third-Party Service (TPS) for uploading videos to YouTube. Zees portal users agree to bound by YouTube Terms of Service - https://www.youtube.com/t/terms, Google Privacy Policy - http://www.google.com/policies/privacy, and API Services Terms of Service - https://developers.google.com/youtube/terms/api-services-terms-of-service, while engaging with YouTube content and services through the Zees portal. We take no responsibility for the content or privacy practices of any TPS. We encourage you to carefully review the privacy policies of any TPS you access. In addition, you can revoke the YouTube API access to your data using the Google Security Settings instructions accessible at https://security.google.com/settings/security/permissions . Also, Zees Creator Portal provides 'Sign-Out' option under Manage Profile -> Account Sync to revoke access to your data.
Location Information
ZEES collects location information and such information will be used and disclosed as set forth in the Privacy Policy. You acknowledge and agree that by accepting the Terms you are consenting to ZEES’ collection, use, disclosure and storage of your location information. You may revoke your consent with respect to ZEES’ collection, use, disclosure and storage of your location information at any time by contacting customer.support@zeesmedia.com and deleting our mobile app from your mobile device. Please know that if you revoke your consent or you delete or deactivate your account, we may retain certain information as required by law or for legitimate business purposes. We may also retain cached or archived copies of information about you for a certain period. Because such location information is critical to use and operate the Service, you will not be able to use the material features of the Service if you do not agree to our collection of such location information.
Feedback
Any suggestions, comments or other feedback you give us about the Service will be our confidential information. We are free to use, disclose, reproduce, license, distribute and exploit this feedback as we see fit, without compensation to you or any obligation or restriction because of any intellectual property rights or otherwise.
Relationship with ZEES
Your use of the Services does not create any other type of relationship between you and ZEES, including but not limited to any agency, partnership, joint venture, or employment relationship, or any obligations by ZEES to you or any other user except as otherwise expressly stated in these Terms or other written agreement signed by an authorized agent of ZEES.
Disclaimers
THE SERVICE AND ANY OTHER SERVICE AND CONTENT INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE SERVICE (INCLUDING THIRD PARTY MATERIALS) ARE PROVIDED TO YOU ON AN “AS-IS” AND “AS-AVAILABLE” BASIS WITHOUT ANY REPRESENTATIONS OR WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. ZEES MAKES NO WARRANTY THAT (i) THE SERVICE WILL MEET YOUR REQUIREMENTS, (ii) THAT OPERATION OF THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, OR (iii) THE CONTENT, DATA, OR RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE. ZEES UNDERTAKES NO OBLIGATION TO UPDATE THE SERVICE. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM ZEES, OR THROUGH THE SERVICE SHALL CREATE ANY WARRANTY REGARDING THE SERVICE NOT EXPRESSLY STATED IN THIS AGREEMENT. YOU UNDERSTAND AND ACKNOWLEDGE THAT ADDITIONAL DISCLAIMERS, LIMITATIONS, AND NOTICES REGARDING THE SERVICE AND ITS CONTENT AND DATA MAY BE PROVIDED BY ZEES FROM TIME TO TIME WITHIN THE SERVICE OR ON ZEES’S WEBSITE.
Limitation of Liability
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW: (A) IN NO EVENT WILL ZEES BE RESPONSIBLE FOR ANY LOSS OF ANY KIND, WHETHER CAUSED BY ACCESS TO OR USE OF THE SERVICE;(B) IN NO EVENT WILL ZEES BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY SPECIAL, INDIRECT, INCIDENTAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES OF ANY KIND ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR TO THE SERVICES OR ANY OTHER SERVICE AND CONTENT INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE SERVICES (INCLUDING THIRD PARTY MATERIALS), REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT, STRICT LIABILITY, BY STATUTE OR OTHERWISE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF THESE DAMAGES OR ARE AWARE OF THE POSSIBILITY OF THESE DAMAGES; AND (C) THE AGGREGATE LIABILITY OF ZEES, WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING AS A RESULT OF ZEES’ ALLEGED NEGLIGENCE), PRODUCT LIABILITY, STRICT LIABILITY OR OTHER THEORY, ARISING OUT OF OR RELATING TO THESE TERMS OR THE USE OF OR INABILITY TO USE THE SERVICES EXCEED ANY AMOUNTS PAID BY YOU TO ZEES FOR THE SERVICES.
Indemnification
You will defend, indemnify, and hold us harmless from and against any actual or threatened suit, actions, proceedings (at law or in equity), claims, damages, payments, deficiencies, fines, judgments, settlements, liabilities, losses, costs, and expenses (including reasonable attorneys’ fees, costs, penalties, interest, and disbursements) arising from or related to any conduct with respect to the Service or violation (or alleged violation) of these Terms or the rights of any third party by you or any person using your ZEES’ account. Under no circumstance will ZEES be liable for damages of any kind that result from the use of, or the inability to use, the Service.
Changes to the Service
ZEES reserves the right in our discretion to review, improve, change or discontinue, temporarily or permanently, the Service or any features, information, materials or content on the Service with or without providing notice to you. ZEES will not be liable to you or any third party for any changes or discontinuance of the Service or any part of the Service.
Service Availability over the Internet
Use of the Services requires a device with an active internet connection. The connection can be Wi-Fi, or provided by your mobile network provider, but ZEES cannot take responsibility for the Service not being available if you don’t have access to Wi-Fi or data. If you are using the Service outside of an area with WiFi, your terms of agreement with your mobile network provider will still apply. As a result, you may be charged by your mobile provider for the cost of data for the duration of the connection while accessing the Service, or other third party charges. In using the Service, you accept responsibility for any such charges, including roaming data charges if you use the Service outside of your home territory (i.e. region or country) without turning off data roaming. If you are not the bill payer for the device on which you are using the Service, please be aware that we assume that you have received permission from the bill payer to use the Service.
Protecting Your Account and Devices
ZEES makes no warranty whatsoever to you, express or implied, regarding the security of the Service, including with respect to the ability of unauthorized persons to intercept or access information transmitted by you through the Service. You acknowledge and agree that you are solely responsible for maintaining the security of your devices. ZEES is not responsible for any losses resulting from the loss or theft of your device or the loss or theft of your information transmitted from or stored on your devices
Consent to Electronic Communications
By using the Service, you agree that we may communicate with you electronically regarding your use of the Service and that any notices, agreements, disclosures or other communications that we send to you electronically will satisfy any legal communication requirements, including that the communications be in writing. To withdraw your consent from receiving electronic notice, please notify us at customer.service@zeesmedia.com .
Suspension and Termination
ZEES may suspend or terminate your rights to access or use the Service for any reason or for no reason at all and with or without notice at ZEES’ discretion. All of the provisions of these Terms (excluding our license grants to you) will survive any termination or suspension. You may cancel your account at any time by contacting us at customer.service@zeesmedia.com .
Applicable Law
Your use of the Services shall be governed in all respects by the laws of the Commonwealth of Pennsylvania USA, without regard to choice of law provisions. You agree that jurisdiction over and venue in any legal proceeding directly or indirectly arising out of or relating to this Services shall be exclusively in the state or federal courts located in the Commonwealth of Pennsylvania.
General
Enforcement of these Terms is solely at ZEES’ discretion. Failure to enforce any part of these Terms in some instances does not constitute a waiver of our right to enforce the same or other part of these Terms in other instances. If any provision of these Terms is or becomes unlawful, void or otherwise unenforceable (including the warranty disclaimers and liability limitations above), then that provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision, and the remaining provisions of these Terms will continue in full force and effect. As used in these Terms, “including” means “including (without limitation).” The section headings these Terms and are for reference purposes only and will not affect the meaning or interpretation of these Terms.
Developer Name and Address
Any end-user questions, complaints or claims with respect to ZEES should be directed to: ZEES, LLC at email: customer.service@zeesmedia.com .