ZOTILI.COM

    Service Platform Terms and Conditions 

    Last Updated: March 13, 2025 

    Service Supplier 

    The company offering you the Service Platform is hereinafter referred to as “Service Supplier”. For details of the Service Supplier offering, you this Service Platform see the name and details of the Service Supplier offering you the Platform can be found in the welcome email sent to you upon subscribing to the Service Platform. In addition, it can be found after logging in to the website zotili.com in the footer of this website, and on the My Account details page on zotili.com/account. These Terms apply to you whether you purchase a subscription to our Service Platform or if you visit, access, browse, use, or attempt to interact with or use any part of our Service Platform.  

    You may only access and use the Service Platform on devices that you own, or control and you may not use the Service Platform on devices where you do not have all necessary permissions and rights to use the Service Platform.  You acknowledge that these Terms are concluded between you and us only and that we are solely responsible for the Service Platform, including providing any maintenance or support for the Service Platform and any product liability, intellectual property infringement, consumer protection, or privacy claims you may have regarding the Service Platform. 

    Offer 

    Service Supplier provides this website (located at zotili.com), and any subdomain, substitute, or successor domain (“Site”), and, as applicable, any mobile application owned or operated by Service Supplier which links to or references these Terms (the “Licensed Application”) to you, the user of the Site and/or the Licensed Application (“you” or “your”), for your personal, non-commercial use, and subject to the following general Terms and Conditions (“Terms”).  For the purpose of the following Terms, references to “we”, “us”, and “our” include Service Supplier and its affiliates, subsidiaries, agents, representatives, successors, and assigns. 

    Service Supplier offers a subscription service that allows its users to access various digital and/or entertainment content through the Site and/or Licensed Application, such as Music, Audiobook, Sports and Movies, including all features and functionalities, recommendations and reviews through the Site and/or the Licensed Application (the “Content”), and all content and software associated with the Site and/or Licensed Application (the Site and any Licensed Application, collectively, the “ Service Platform”).  

    Some membership plans may have differing conditions and limitations, which will be disclosed at your sign-up or in other communications made available to you, and for a recurring fee (“Subscription Fee”), we offer access to and use of the Service Platform on a subscription basis (“Your Subscription”).  To the fullest extent permitted by Applicable Law, Your Subscription will continue and automatically renew for the Subscription Period (as defined below) unless and until you cancel Your Subscription, or your account is otherwise suspended or terminated pursuant to these Terms.  Service Supplier reserves the right to change the terms of Your Subscription, including the Subscription Fee, from time to time, effective as of the beginning of your next Subscription Period following the date of the change.  We will give you advance notice of these changes.  

    Changes to the Terms and updates of the Service Platform 

    From time to time, we may adjust these Terms in such case we will provide a notice to you, and any such notice may be provided to you through the Service Platform, on any other website maintained by us, by email, by pop-up, or by any other reasonable means.  Any such adjustments to these Terms will also be posted on the Site and the “Last Updated” date at the top of this webpage will be revised.  Your continued use of the Service Platform following such adjustments constitutes your acceptance of any modified Terms.   

    Service Supplier may from time to time in its sole discretion develop and provide updates to various aspects of the Service Platform and any Content, which may include upgrades, bug fixes, patches, other error corrections, new features and/or availability of Content (collectively, including related documentation, “Updates”).  You agree that Service Supplier has no obligation to provide any Updates or to continue to provide or enable any particular features or functionality and that Updates may modify or delete in their entirety certain features and functionality.  All Updates will be considered part of the Service Platform and be subject to all terms and conditions of these Terms. 

     

     

    Acceptance of these Terms 

    BY INDICATING YOUR ACCEPTANCE TO THESE TERMS ELECTRONICALLY OR BY VISITING, ACCESSING, BROWSING, USING, OR ATTEMPTING TO INTERACT WITH OR USE ANY PART OF THE SERVICE PLATFORM, YOU REPRESENT THAT YOU ARE A RESIDENT OF THE UNITED STATES OR CANADA OR ONE OF THEIR TERRITORIES AND AT LEAST 18 YEARS OF AGE OR THE AGE OF MAJORITY IN YOUR STATE OF REFERENCE, AND  YOU AGREE THAT YOU ARE LEGALLY BOUND BY THESE TERMS.  IF YOU DO NOT AGREE TO THESE TERMS, PLEASE DO NOT ACCESS OR USE ANY PART OF THE SERVICE PLATFORM.  

    Applicable Privacy Policy 

    Your access to and use of the Service Platform is governed by the Site’s Privacy Policy (located at zotili.com), which is incorporated herein by this reference.  Your failure to accept the Privacy Policy and/or to register with the Site may prevent you from accessing or using certain features and functionalities of the Service Platform or any Content through the Service Platform. Any violation of these Terms and/or the rights of Service Supplier, its licensors, or certain other third-party suppliers, and these Terms are directly enforceable by any such third-party licensors and suppliers for the purpose of enforcing any of the terms related to the Service Platform or any Content through the Service Platform as further detailed below. You acknowledge that when you download, access, install, or use the Service Platform, Service Supplier may utilize technology (e.g., web beacons) to collect information about your Device and about your use of and access to the Service Platform.  You also may be required to provide certain information about yourself as a condition to download, install, access, or use the Service Platform, the Content through the Service Platform, or certain features or functionalities thereto.  By installing, accessing, using, and/or providing information to or through this Service Platform, you consent to all actions taken by us with respect to your information in accordance with our Privacy Policy and consistent with Applicable Law.  

    Intellectual Property and ownership 

    The Service Platform and any Content made available through the Service Platform, including all copyrights, trademarks, service marks, trade names, and all other intellectual property rights (“Intellectual Property”) therein, are and shall remain, owned, or controlled by Service Supplier, or the third party that created and/or licensed the Service Platform and any Content to Service Supplier.  All rights in and to the Service Platform, and any Content and Intellectual Property available through the Service Platform, are the property of Service Supplier or of the party that created and/or licensed the Service Platform and/or Content to Service Supplier.  Service Supplier, or the party that created and/or licensed the Service Platform and/or Content to Service Supplier, shall retain all right, title, and interest (including without limitation under applicable contractual, copyright, patent, trademark, trade secret and related laws) in the performance of the Service Platform or the Content on the Service Platform.  Notwithstanding any provision to the contrary in these Terms, you shall use the Service Platform and Content in a manner consistent with Service Supplier’s, its licensors’, or certain other third parties’ interests and the terms and conditions herein and shall promptly notify Service Supplier of any threatened or actual infringement of the Service Platform and/or any Content made available through the Service Platform. 

    Use of the Service Platform Policy 

    1. Use Rights.  Conditioned upon your payment of all applicable subscription fees and your strict compliance with all terms and conditions set forth in these Terms, Service Supplier hereby grants you a non-exclusive, revocable, and non-transferable, non-assignable, non-sublicensable limited right, solely as set forth in this Section and subject to all conditions and limitations set forth in these Terms, to: (a) download, install, and/or use the Service Platform for your personal, non-commercial use over the Internet on certain supported Internet-connected TVs, computers, and other devices owned or otherwise controlled by you, subject to the total number of devices on which you may simultaneously use the Service Platform as determined by Your Subscription (each, a “Device”); (b) access, stream, and use the Service Platform on such Device and the Content as made available or accessible on or through the Service Platform; (c) depending on the Service Platform, the applicable Content, or the third-party software, temporarily download such Content and/or third-party software on certain supported Devices for offline viewing (“Temporary Download”), which may be subject to certain limitations, including any restrictions on the number of Temporary Downloads per account, the maximum number of Devices that can contain Temporary Downloads, the time period within which you will need to begin viewing Temporary Downloads, and how long the Temporary Downloads will remain accessible; and (d) use the Content provided through the Service Platform only in the form and manner presented and provided by Service Supplier.  

    1. Prohibited Use.  You agree to use the Service Platform only for purposes expressly permitted by these Terms and in compliance with any applicable international, federal, state, and local laws, rules regulations, or other restrictions on the use of the Service Platform and Content herein (“Applicable Law”).  You shall not: 

    1. sell, offer for sale, copy, create derivative works, enhancements, or modifications from, upload, reproduce, display, publicly perform, import, distribute, retransmit, or otherwise use the Service Platform or any Content through the Service Platform, in whole or any part thereof, in any way, unless expressly permitted to do so by Service Supplier or these Terms; 

    1. modify, translate, adapt, or otherwise create derivative works or improvements, whether patentable, of the Service Platform; 

    1. publish, broadcast, frame, excerpt, reverse engineer, disassemble, decompile, decode, or otherwise attempt to derive or gain access to the source code of the Service Platform or any part thereof or otherwise use any data mining, data gathering or extraction method; 

    1. remove, obscure, or alter any proprietary rights or Intellectual Property notices (including copyright and trademark notices) which may be affixed to or contained on materials accessed within the Service Platform or displayed in any Content or otherwise use or authorize any party to co-brand or frame any aspect of the Service Platform or any Content through the Service Platform without the express prior written permission of an authorized representative of Service Supplier and its licensors or certain other third party suppliers in each instance; 

    1. rent, lease, lend, sell, sublicense, assign, distribute, publish, transfer, or otherwise make available the Service Platform, or any features or functionality of the Service Platform, to any third party for any reason, including by making the Service Platform available on a network where it is capable of being accessed by more than one Device at any time;  

    1. remove, disable, circumvent, or otherwise create or implement any workaround to any Intellectual Property or security features in or protecting the Service Platform;  

    1. post, upload, or link to anything that advertises any commercial endeavor (e.g., offering for sale any products or services) or otherwise engage in any commercial activity (e.g., conducting raffles or contests, displaying sponsorship banners, and/or soliciting goods or services), or solicit funds, advertisers, and/or sponsors for any purpose; or 

    1. use the Service Platform in any manner that could in any way disable, overburden, damage, or impair the Service Platform or any Content through the Service Platform or otherwise interfere with any other party's use and enjoyment of the Service Platform or otherwise attempt to obtain, any materials, content, or information by any means not expressly made available or provided for through the authorized use of the Service Platform and any Content through the Service Platform. 

    For purposes of these Terms, “framing” refers to displaying the Service Platform or any Content through the Service Platform within a bordered area of another website, regardless of whether the address of the originating Service Platform is visible.  You agree to cease any unauthorized co-branding or framing immediately upon notice from Service Supplier. 

    1. You may access the Service Platform and any Content through the Service Platform primarily in the country in which you have established your account and only in geographic locations where we offer the Service Platform and have licensed such Content.  The Content that may be available will vary by geographic location and will change from time to time.  Additionally, some Temporary Downloads, as applicable, may not be playable in certain countries and if you go online in a country where you would not be able to stream that Temporary Download, that Temporary Download will not be playable while you are in that country.  

    Account creation 

    In order to access and use the Service Platform or any Content through the Service Platform, you must first register through our online registration process for the Service Platform by entering your name, email address, and Payment Method, and by selecting a valid username and password (collectively, the “Registration Information”).  If you are a minor in your state of residence, then you are not permitted to register as a user or otherwise access or use the Service Platform or any Content through the Service Platform or submit personal information to us.  We are not responsible for verifying Registration Information and we will have no liability associated with or arising from your failure to maintain accurate, current, and complete Registration Information, including, without limitation, any liability arising out of your failure to receive critical information about the Service Platform or your account.  We reserve the right, at our discretion and to the extent permitted by Applicable Law, to refuse registration of your account if we believe the information you provide is not correct, current, or complete and/or to cancel, terminate, suspend, or deactivate your account, including due to inactivity or violation of these Terms; and delete all related information and files in, or relating to, your account.    

    Account security 

    You are solely responsible and liable for the confidentiality and security of your account and password(s) at all times and all actions taken through or as a result of your Registration Information.  Any passwords used for the Service Platform are for individual use only.  From time to time, we may require that you change your password.  You are prohibited from using any services or facilities provided in connection with the Service Platform to compromise security or tamper with system resources and/or accounts.  You must immediately notify us of any unauthorized use of your account, password, or username or any other breach of security.  The use or distribution of tools designed for compromising security (e.g., password crackers, rootkits, Trojan horses, or network probing tools) is strictly prohibited.  If you become involved in any suspected violation of system security, the Service Supplier reserves the right to release your account details to the system administrators of other websites and/or the authorities to assist them in resolving security incidents. 

    Payment Method 

    To use the Service Platform, you will be required to provide a current, valid, accepted method of payment to complete Your Subscription and to use the Service Platform, as may be updated from time to time and which may include payment through your account with a third party (“Payment Method”).  Your “Subscription Period” will be as set forth on the Site corresponding to the type of subscription that you choose when you signed up for Your Subscription.  At the beginning of each Subscription Period, we will charge your Payment Method for the applicable Subscription Fee corresponding to the term of Your Subscription and any applicable taxes.  If a payment is not successfully settled, due to expiration, insufficient funds, or otherwise, and you do not cancel your account, we may suspend your access to the Service Platform until we have successfully charged a valid Payment Method for your Subscription Fee.  If you signed up for Your Subscription with a third party as a Payment Method, you could find the billing information about Your Subscription by visiting your account with the applicable third party, and for some Payment Methods, the issuer may charge you certain fees, such as foreign transaction fees or other fees relating to the processing of your Payment Method.  You authorize us to charge any Payment Method associated to your account in case your primary Payment Method is declined or no longer available to us for payment of your Subscription Fee.  All charges and Subscription Fees are final and non-refundable. 

    How to cancel your Subscription and termination  

    You may cancel Your Subscription by logging into your account settings or by contacting our customer service.  You must cancel Your Subscription before it renews to avoid billing of the Subscription Fee for the next billing cycle to your Payment Method.  If you cancel Your Subscription, you will continue to have access to the Service Platform through the end of your then-current Subscription Period.  If you signed up for the Service Platform using your account with a third party as a Payment Method and wish to cancel Your Subscription, you may need to do so through that third party, for example by visiting your account with the applicable third party and turning off auto-renew or unsubscribing from the Service Platform through that third party. 

    Service Supplier may, at any time, suspend or terminate Your Subscription and access to the Service Platform, for any reason, including if You violate any of the terms and conditions of these Terms.  Service Supplier may terminate Your Subscription at any time if it ceases to support the Service Platform or any Content through the Service Platform.  Upon suspension or termination of your access to the Service Platform or all Content or Temporary Downloads through the Service Platform, or upon notice from us: 

    1. all rights granted to you under these Terms are immediately terminated; and  

    1. (ii) you will immediately discontinue use of the Service Platform and all Content or Temporary Downloads through the Service Platform. Termination will not limit any of Service Supplier’s rights or remedies at law or in equity. The indemnification obligations, warranty disclaimers, and limitations of liability shall survive the termination of these Terms and shall remain in effect.  

     

    Services of Third Party’s 

    The Service Platform and any Content through the Service Platform may display, include, or make available third-party software, materials, content, separate Service Supplier applications or provide links to third-party websites or services, including through third-party advertising (“Third-Party Services”).  You acknowledge and agree that these Terms are entered into directly between you and Service Supplier and that, except as and to the extent prohibited under Applicable Law or otherwise determined in a judicial or administrative proceeding, such third parties shall not be liable or responsible to you and/or Service Supplier for any costs, expenses or damages of any kind or nature that may arise in connection with such Third-Party Services, the Service Platform and the Content through the Service Platform, or any action of Service Supplier.  Notwithstanding the foregoing, you acknowledge that such third parties shall be deemed third party beneficiaries to these Terms and that these Terms are directly enforceable by such third parties for the purpose of enforcing any of the terms related to the Third-Party Services or the Service Platform and/or any Content through the Service Platform. 

    Disclaimer of Warranties 

    ALL CONTENT AND SOFTWARE ASSOCIATED THEREWITH, OR ANY OTHER FEATURES OR FUNCTIONALITIES ASSOCIATED WITH THE SERVICE PLATFORM, ARE PROVIDED “AS IS” AND “AS AVAILABLE” WITH ALL FAULTS AND WITHOUT WARRANTIES OF ANY KIND.  SERVICE SUPPLIER (AND SOLELY FOR THE PURPOSES OF YOUR INDEMNIFICATION OBLIGATIONS, THE DISCLAIMER OF WARRANTIES, THE LIMITATION OF LIABILITY, AND THE MANDATORY BINDING ARBITRATION, “SERVICE SUPPLIER” INCLUDES ANY AND ALL SUBSIDIARIES AND AFFILIATES, AND ANY THIRD PARTY SUPPLIERS AND LICENSORS) MAKES NO WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OF TITLE OR NON-INFRINGEMENT AS TO THE SERVICE PLATFORM OR ANY CONTENT THROUGH THE SERVICE PLATFORM PROVIDED TO YOU. SERVICE SUPPLIER DOES NOT WARRANT THAT THE SERVICE PLATFORM, ANY CONTENT, OR ANY COMMUNICATION WILL BE ACCURATE, COMPLETE, ERROR-FREE, WITHOUT INTERRUPTION, FREE FROM VIRUSES OR OTHER MALICIOUS AGENTS, OR TRANSMITTED IN A SECURE MANNER OR UNCORRUPTED OR AT ANY UPSTREAM OR DOWNSTREAM SPEED, AND SERVICE SUPPLIER SPECIFICALLY DISCLAIMS ALL LIABILITY FOR THE USE OF THE SERVICE PLATFORM, SERVICE PLATFORM READY DEVICES, AND SOFTWARE ASSOCIATED WITH THE SERVICE PLATFORM (INCLUDING THE CONTINUING COMPATIBILITY WITH THE SERVICE PLATFORM).  SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF IMPLIED WARRANTIES, SO THOSE PROVISIONS MAY NOT APPLY TO YOU.  THIS SECTION WILL CONTINUE IN EFFECT AFTER THESE TERMS TERMINATE. 

    Limitation of Liability and Indemnification 

    SERVICE SUPPLIER’S ENTIRE LIABILITY AND YOUR EXCLUSIVE REMEDY WITH RESPECT TO ANY DISPUTE WITH US (INCLUDING WITHOUT LIMITATION YOUR USE OF THE SERVICE PLATFORM, ANY CONTENT THROUGH THE SERVICE PLATFORM, OR THE RECEIPT OF ANY COMMUNICATIONS) IS TO DISCONTINUE YOUR USE OF THE SERVICE PLATFORM.  TO THE EXTENT PERMISSIBLE UNDER APPLICABLE LAWS, SERVICE SUPPLIER AND ITS LICENSORS AND VENDORS SHALL NOT BE LIABLE (JOINTLY OR SEVERALLY) TO YOU FOR PERSONAL INJURY OR FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES OF ANY KIND, OR ANY DAMAGES WHATSOEVER.  BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CERTAIN TYPES OF DAMAGES, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU, BUT OUR AND OUR LICENSORS’ AND VENDORS’ LIABILITY IN SUCH JURISDICTION SHALL BE LIMITED TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW.  IN ANY EVENT, IF ANY OF THE ABOVE PROVISIONS IN THIS SECTION ARE NOT ENFORCEABLE IN ANY APPLICABLE JURISDICTION, SERVICE SUPPLIER’S MAXIMUM LIABILITY WILL BE LIMITED TO ANY AMOUNT ACTUALLY PAID TO SERVICE SUPPLIER BY YOU IN CONNECTION WITH THE SERVICE PLATFORM THAT GAVE RISE TO THE CLAIM(S).  NOTHING IN THESE TERMS SHALL AFFECT ANY NON-WAIVABLE STATUTORY RIGHTS THAT APPLY TO YOU. 

    To the fullest extent permitted by Applicable Law, you will indemnify, defend, and hold harmless us, our affiliates, and our affiliates’ shareholders, members, subsidiaries, managers, directors, officers, employees, contractors, and agents, from and against any and all third party claims, liabilities, damages, losses, costs, and expenses, including court costs and reasonable attorneys’ fees, resulting from, relating to, or arising out of, (i) your failure to comply with these Terms; (ii) any fraud, manipulation, deception, or misrepresentations by you; (iii) your access to, or use of, the Service Platform or the Content through the Service Platform; (iv) all use of, and activities that occur under your account (whether conducted by you or another); (v) any violation of any Applicable Law by you, and (vi) any dispute between you and another user of the Service Platform. 

     

     

     

    ARBITRATION – IMPORTANT – PLEASE REVIEW – AFFECTS YOUR LEGAL RIGHTS.  

    1. MANDATORY BINDING ARBITRATION.  BY USING THE SERVICE PLATFORM, REGARDLESS OF WHERE YOU LIVE OR ARE LOCATED IN THE WORLD, YOU CONSENT TO THESE TERMS AND ANY CLAIMS RELATING TO THE INFORMATION, SERVICES OR PRODUCTS MADE AVAILABLE THROUGH THE SERVICE PLATFORM WILL BE GOVERNED BY THE LAWS OF THE STATE OF NEW YORK, U.S.A., EXCLUDING THE APPLICATION OF ITS CONFLICTS OF LAW RULES.  YOU AGREE THAT, SUBJECT TO THE FOLLOWING SENTENCE, VENUE FOR ALL ACTIONS, RELATING IN ANY MANNER TO THESE TERMS, WILL BE IN A FEDERAL OR STATE COURT OF COMPETENT JURISDICTION LOCATED IN NEW YORK, NEW YORK.  DISPUTES RELATING TO OR ARISING UNDER THESE TERMS AND/OR THE SERVICE PLATFORM, SUBJECT TO SECTION 15 BELOW, SHALL BE SUBMITTED TO BINDING ARBITRATION ADMINISTERED BY THE AMERICAN ARBITRATION ASSOCIATION IN ACCORDANCE WITH ITS INTERNATIONAL ARBITRATION RULES (THE “INTERNATIONAL RULES”) BY THREE (3) ARBITRATORS WHO WILL BE CHOSEN IN ACCORDANCE WITH THE ABOVE INTERNATIONAL RULES; PROVIDED, HOWEVER, THAT SERVICE SUPPLIER (AND/OR ITS THIRD PARTY SUPPLIERS OR LICENSORS) MAY ENFORCE ITS INTELLECTUAL PROPERTY RIGHTS IN ANY COURT OF COMPETENT JURISDICTION, INCLUDING BUT NOT LIMITED TO EQUITABLE RELIEF.  

    1. TIME IS OF THE ESSENCE WITH RESPECT TO SUCH ARBITRATION, AND THE ARBITRATOR(S) SHALL BE INSTRUCTED TO BEGIN THE PROCEEDING, CONDUCT THE PROCEEDING AND RENDER A DECISION AS EXPEDITIOUSLY AS PRACTICABLE.  NOTWITHSTANDING THE FOREGOING, YOU AND SERVICE SUPPLIER MAY EACH SEEK EMERGENCY OR INTERIM RELIEF AS PROVIDED BY THE INTERNATIONAL RULES.  The arbitration shall be held in the English language, with the place of arbitration (i) in New York, New York, United States of America or (ii) via videoconference as required to allow the hearing to proceed as scheduled at the discretion of the arbitrator.  Except as otherwise expressly set forth herein, you and Service Supplier each waive any objection that it may have to the aforementioned choice of law or venue.  You and Service Supplier each agree that (y) any dispute about the arbitral tribunal’s jurisdiction, either before or after initiation of the arbitration, and/or (z) any dispute about the arbitrability of any claim, counterclaim, or set off shall be brought solely and exclusively in a court of competent jurisdiction in the State of New York; an arbitral tribunal may not decide its own jurisdiction or the arbitrability of any matter in the event of any disagreement between you and Service Supplier.   

    1. THE ARBITRATION AWARD RENDERED BY THE ARBITRATOR(S) SHALL BE FINAL AND BINDING UPON BOTH YOU AND SERVICE SUPPLIER.  The existence, content, or results of such arbitration proceeding shall be kept confidential, unless applicable law requires otherwise or to the extent required to compel arbitration, when required to enforce other rights or defend other proceedings in situations in which the fact of the award is a necessary element of the claim or defense, or to obtain interim relief or to enforce an award.  Any award must be made in U.S. dollars and be subject to these Terms.  In addition to all rights provided under the International Rules and law, you and Service Supplier each agree that any judgment rendered by the arbitrators may be enforced or executed against the assets of any such party in any jurisdiction pursuant to U.S. law or the New York Convention, as applicable 

    1. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, BOTH YOU AND SERVICE SUPPLIER EACH HEREBY IRREVOCABLY WAIVE ANY AND ALL RIGHTS TO TRIAL BY JURY IN ANY LEGAL PROCEEDING ARISING OUT OF OR RELATED TO THESE TERMS, THE SERVICE PLATFORM, OR THE TRANSACTIONS CONTEMPLATED HEREBY OR THEREBY.   

    1. YOU AGREE THAT ANY CLAIM YOU MAY HAVE ARISING OUT OF OR RELATED TO YOUR USE OF THE SERVICE PLATFORM OR YOUR RELATIONSHIP WITH US MUST BE FILED WITHIN ONE (1) YEAR AFTER SUCH CLAIM AROSE; OTHERWISE, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, YOUR CLAIM IS PERMANENTLY BARRED. 

    1. TO THE FULL EXTENT PERMITTED BY APPLICABLE LAW, BOTH YOU AND SERVICE SUPPLIER WAIVE THE RIGHT TO BRING ANY DISPUTE AS A CLASS, CONSOLIDATED, REPRESENTATIVE, COLLECTIVE, OR PRIVATE ATTORNEY GENERAL ACTION, OR TO PARTICIPATE IN A CLASS, CONSOLIDATED, REPRESENTATIVE, COLLECTIVE, OR PRIVATE ATTORNEY GENERAL ACTION REGARDING ANY DISPUTE BROUGHT BY ANYONE ELSE.  

    1. This Section shall survive any termination of these Terms.  If any part of this Section, other than waivers of class action rights, is deemed or found to be unenforceable for any reason, the remainder shall remain enforceable.  If a waiver of class action rights is deemed or found to be unenforceable for any reason in a case in which class action allegations have been made, the remainder of this Section shall be unenforceable. 

    DMCA notice 

    The Digital Millennium Copyright Act of 1998 (the “DMCA”) provides recourse for copyright owners who believe material appearing on the Internet infringes their rights under U.S. copyright law.  If you believe in good faith that materials made available on or accessible through the Service Platform or any Content through the Service Platform infringe your copyright, you (or your agent) may send us a notice requesting that we remove or block the materials or disable access to them.  If you believe in good faith that someone has wrongly filed a notice of copyright infringement against you, the DMCA permits you to send us a counter-notice.  Notices and counter-notices must meet the then- current statutory requirements imposed by the DMCA.  For the purpose of the DMCA, notices and counter-notices can be sent to customers zotili.com. 

    Miscellaneous 

    Export Regulation.  Your use of the Service Platform and any Content through the Service Platform may be subject to US export control laws, including the Export Control Reform Act and its associated regulations.  You shall not, directly, or indirectly, export, re-export, or release the Service Platform or the Content through the Service Platform to or make the Service Platform or the Content through the Service Platform accessible from, any jurisdiction or country to which export, re-export, or release is prohibited by law, rule, or regulation.  You shall comply with all Applicable Law and complete all required undertakings (including obtaining any necessary export license or other governmental approval), prior to exporting, re-exporting, releasing, or otherwise making the Service Platform or the Content through the Service Platform available outside the US. 

    Waiver.  No failure to exercise, and no delay in exercising, on the part of either party, any right or any power hereunder shall operate as a waiver thereof, nor shall any single or partial exercise of any right or power hereunder preclude further exercise of that or any other right hereunder.  In the event of a conflict between these Terms and any applicable purchase or other terms, the terms of these Terms shall govern. 

    Severability.  If any provision of these Terms is invalid, illegal, or unenforceable under Applicable Law, the remainder of the provision will be amended to achieve as closely as possible the effect of the original term and all other provisions of these Terms will continue in full force and effect. 

    Entire Agreement.  These Terms and our Privacy Policy constitute the entire agreement between you and Service Supplier with respect to the Service Platform and any Content through the Service Platform and supersede all prior or contemporaneous understandings and agreements, whether written or oral. 

    Notice.  You agree that we may give you notices or otherwise respond to you by email or mail (if we have it on file) or in any other manner reasonably elected by us.  All legal notices to us must be sent to the following email address: [email protected].