1.1 Dear customer. The following business terms and conditions (‘Terms’) applies between the legal entity that you present (‘you’, ’your’), and Zoptiks LLC, a private limited liability company with its address at 21 E State St, Columbus Ohio 43215 (‘Zoptiks’, ‘we’, ‘our’).
1.1.1 The Terms apply to your purchase, access and use of our service, made available by us at zoptiks.com (‘the Website’). The Terms form a legal agreement between you and us and describe together with our data policy, the terms, conditions, rights and responsibilities for any content, that apply when you purchase and use the service on our Website.
1.2 By accepting the Terms, you agree to abide by and be bound by the Terms. The Terms govern your subscription, access and use of our service, and we encourage you to read them carefully. If you are accepting the Terms on behalf of a company or other legal entity, you present and warrant that you have full authority to bind that company or legal entity.
1.3 We may change the Terms at any time, taking effect for any future purchases, including automatic renewals. In the case of significant changes, you will receive a notice via the email address you used to create your user account. In the case of significant changes, the agreement may be terminated with 14 days’ notice, effective from the date the changes take effect. The changes are deemed to have been approved by you if you continue to use our service after the new terms have entered into force
1.4 Your use of our service is subject to the terms that apply at the time of use.
2.1 We make a virtual zoo available to you via our digital platform, within which you can find and download millions of images, illustrations and more (“Content”).
2.1.1 The Service shows Content from third-party services (‘sources’) where Content is CC. This means that as a general rule,you are free to: 1) Share and redistribute the material in any medium or format 2) Adapt — remix, transform, and build upon the material 3) Attribution — You must give appropriate credit, provide a link to the license, and indicate if changes were made. You may do so in any reasonable manner, but not in any way that suggests the licensor endorses you or your use.
2.2 The Service is provided on an “as is” and “as available” basis without warranties of any kind, either express or implied.
SUBSCRIPTION TO THE SERVICE
3.1 To access the Service, you must choose a subscription and create a user on the digital platform.
3.2 When you subscribe to our Service, you will be asked to create a user by entering your details and a contact person. You are responsible for ensuring that the information entered is correct.
3.2.1 If your information changes after you register, you must immediately log in to your user account on the Website and update the information, so that we do not have inaccurate information on file about you.
3.3 You must also choose a password, to be used when you log in to the Website to use the Service. The password you choose is personal and must not be disclosed to others. You have a duty to ensure that the password is not revealed to third parties. Should this happen, you are obligated to notify Zoptiks. We may change the password if we believe there is a risk that the account has been compromised or is being used in violation of our Terms. You can also change your password when you are logged in.
CONTENT ON THE SERVICE
4.1 All Content on the Service is marked as licensed under the terms of CC by users on the source or directly sourced from our community and customer as well as 3rd party services such as 'Adobe Stock', 'Jumpstory', 'Deposit Photos', 'ShutterStock', 'ArtGrid', 'AudioHero', 'Youtube', Instagram', 'TikTok' and other platforms or cotent creators.
5.1 You can purchase a subscription to a group license where you can obtain as many logins as you wish and allow an set number of users to access our Service. The group license belongs to one legal entity.
5.2 The holder of a group license must appoint an administrator who shall create a group and distribute licenses to members accordingly.
5.3 If you want a group license to the Service, please purchase directly from our website or send an e-mail to [email protected]
FREE TRIAL PERIOD
6.1 Your subscription to the Service can start with a free trial, which gives you the opportunity to try out the Service at no charge. The trial period only offered to users on a monthly subscription.
6.2 To start the trial period, you must set up your user, cf. section 3, and choose your payment method. We ask for a payment method to ensure that you do not experience any interruption to the Service if you wish to continue using the Service after the end of the trial period.
6.3 The trial period is intended as a way to allow you to see the service ‘from the inside’ and try out parts of the Service free of charge, before you start paying for your subscription.
6.4 The trial period may be terminated at any time with one day’s notice – however, not within the first 48 hours after signing up to the Service. After the trial period expires, your subscription will automatically continue unless you actively terminate it. Log in to your account and use the link to notify JumpStory that you wish to terminate the agreement. If you do this after the trial has expired, the notice period is one month. You can continue to use the Service after you terminate your subscription, for the remainder of the trial period.
6.5 It is our intention to only offer you the free trial period once. If you have already made use of the free trial period, you will not be permitted to have another free trial for 12 months from the date the free trial period expires.
HOW TO PAY FOR YOUR SUBSCRIPTION
7.1 Our prices depend on your subscription period and can be found here. Prices are quoted in US Dollars.
7.2 The term may be ad hoc,monthly or annual, as described and your subscription begins upon payment of a first installment of subscription fees. The subscription renews monthly or annually as applicable upon the payment of automatically recurring subscription fees. Monthly or annual fees are charged every month, in advance, on the same day of the month that the subscription began (for example, if a monthly subscription began on the 29th, 30th, or 31st day of a month, then membership will renew on the last day of any month that doesn’t have that many days).
7.3 Payment is made with the means of payment methods stated on our platform. Payments for the subscription are charged every month, in advance.
7.4 We use a secure payment server that ensures, that no unauthorized persons have access to your payment information.
7.5 You are responsible for updating your payment information if your payment card is blocked or expires. You can do this when you are logged in to the Website, or by contacting [email protected]
If we are unable to charge the payment to your payment card, an invoice for your subscription will be sent to your email address.
CHANGE IN PRICING
8.1 All prices/fees are subject to revisions. Price increases will be notified one (1) month in advance and will take effect from the next invoice period. You can therefore terminate your subscription, giving the required notice and coinciding with the end of your current payment period, before the price increase takes effect.
HOW TO TERMINATE YOUR SUBSCRIPTION
9.1 You can terminate your subscription at one month’s notice, coinciding with the end of your subscription period. You terminate your subscription by logging onto the Service at our Website.
9.2 Failure to pay for your subscription, for example by deleting your payment information, will not be seen as termination and does not relieve you of the obligation to pay.
AVAILABILITY AND ACCESS TO THE SERVICE
10.1 We want the Service to be accessible to as many people as possible, and therefore make the most of the fact that the primary features are always available with the most widely used operating systems and Internet browsers. As far as possible, we endeavor to make the Service available all year, seven (7) days a week. However, there may be operational disruptions due to technical conditions.
10.2 We therefore cannot guarantee that the Service will always be free of errors or interruptions. If errors or omissions are found or interrupted in the Service, we have the right to remedy them without any breach of these Terms. We also have the right, within reasonable limits, to close the Service, e.g. to perform upgrades and maintenance.
11.1 We develop and maintain the Service on an ongoing basis.
11.2 Development of new functionality, including integrations, shall not be part of the maintenance, but we may, upon payment, choose to make new functionality/integrations available as part of the Service.
SUSPENSION OF THE SERVICE
12.1 Where an amount due for payment has not been paid, or where we have a reasonable suspicion that you are misusing the Service, in violation of our core values, to disseminate pornographic, hateful, racist or extreme religious material, we have the right to suspend your access to the Service – without your prior consent. We will notify you as soon as possible after your access has been suspended. The suspension will cease when all overdue amounts have been paid/there is no longer a reasonable suspicion of misuse.
12.2 In the case of a material breach of these Terms, we are further entitled to cancel the subscription. Cancellation as above does not relieve you of your payment obligation towards us, and you will not be entitled in such cases to a refund of any payments already paid.
USE OF THE CONTENT FROM OUR SERVICE
13.1 In continuation of what is mentioned in clause 4, we advise you to – when using the Content for commercial use – not insinuate that the brand/trademark is endorsing or are a part of the thing that you are advertising.
14.1 You may not use Content in a pornographic, defamatory or other unlawful manner.
14.2 If you use Content that features models or property in connection with a subject that would be unflattering or unduly controversial to a reasonable person (for example, sexually transmitted diseases), you must indicate; (1) that the content is being used for illustrative purposes only, and (2) any person depicted in the Content is a model.
14.3 To the maximum extent permitted by applicable law, we will not be liable to you for any indirect, incidental, special, conswquential, or punitive damages arising out of or relating to your access to or use (or inability to use) the Service or any content of the Service, whether based on warranty, contract, tort, negligence, statute or other legal theory, whether or not we have been informed of the possibility of the damages.
PROTECTION OF PERSONAL DATA
15.1 When you create a user, you will be asked to provide personal information about the person, who shall act as a contact between the legal entity and Zoptiks. We are responsible for the collection and processing of such personal information.
15.3 We only process your personal information in order to manage our business relationship, including communicating with the company, you present.
15.4 The personal information includes your name and e-mail address and will be collected directly from you or your employer.
15.5 The legal basis for our processing of your personal information is our legitimate interest in being able to fulfill our agreement with the legal entity, you present (Article 6(1)(f) of the General Personal Data Regulation) and being able to invoice the legal entity (Article 6(1)(c) of the General Personal Data Regulation).
15.6 We have established and maintain appropriate organizational and technical measures so that your personal information is not accidentally or unlawfully deleted, impaired or lost, nor does it come to the attention of any unauthorized person or is otherwise abused or used in violation of the Personal Data Regulation.
15.7 We will only disclose personal information internally or to external stakeholders if necessary, to fulfill our agreement with the legal entity, you present.
15.8 The personal information is kept for as long as necessary for the purposes mentioned in clause 15.3. This means that, as a rule, we keep personal information for as long as the legal entity, you present, has an active account with us and for up to 12 months after.
15.9 Personal information contained in accounting material is stored in accordance with the rules of the Accounting Act and is deleted 5 years after registration, from the end of the financial year.
You have the right at any time to:
to disclose what personal information we have collected and which we store and process about you and to receive a copy of it. require correction, objection or restricted processing of your personal data. If you wish to complain about our processing of your personal information, you can lodge a complaint to the supervisory authority in the country where you have your residence.
LIMITATION OF LIABILITY
16.1 Subject to the limitations set out in these Terms, we are liable for damages in accordance with the general rules of United States law.
16.2 To the maximum extent permitted by applicable law, we will not be liable to you for any indirect, incidental, special, consequential, or punitive damages arising out of or relating to your access to or use (or inability to use) the Service or any Content of the Service, whether based on warranty, contract, tort, negligence, statute or other legal theory, whether or not we have been informed of the possibility of the damages.
16.3 Unless there is gross negligence or continuation on our part, however, we are never liable for any financial consequential loss, operating loss, lack of savings, lost profits, goodwill, image, data loss or indirect loss.
16.4 In any case, our obligation to pay compensation is limited to your payments for the Service in the preceding 12 months.
APPLICABLE LAW AND DISPUTES
17.1 These Terms shall be governed by, and exclusively construed in accordance with Ohio law without regard to its conflict of laws principles. Any dispute shall be brought before the Franklin Country Court in Columbus, Ohio in the United States of America in the first instance.
QUESTIONS AND COMPLAINTS
18.1 If you have any questions or complaints, we would be very interested to hear them. You are therefore very welcome to write to us at [email protected]
19.1 If any content found using our Service infringes the rights of a third party, it will be taken down immediately upon receiving a request to do so.