These General Terms and Conditions govern the registration, use and access to/of the Zcriptz platform (hereinafter the “Zcriptz Platform”) offered by MASTERMINDS BV, which has its registered seat in Belgium and is registered with the Crossroads Bank of Enterprises under the number BE0774.713.165, RPR Ghent, division Dendermonde, firstname.lastname@example.org (hereinafter “Zcriptz”).
Please read these General Terms and Conditions carefully before registering or using the Zcriptz Platform and keep them for you records. By fully installing, registering, using and/or accessing the Zcriptz Platform, you confirm to be legally bound by these General Terms and Conditions. You will be required to read and accept these General Terms and Conditions prior to the first use of the Zcriptz Platform. If you do not accept these General Terms and Conditions, please refrain from installing, registering, using and/or accessing the Zcriptz Platform.
The capitalised terms in these General Terms and Conditions shall have the following meaning:
- Additional User(s):Users between the age of 10 and 16 years who are granted access to the Services through their parent(s) or legal guardian(s), who serve as Principal Users able to access and manage the Wallet.
- Confidential Information: business, technical or financial information relating to Zcriptz’ business, whether orally or in writing, that is designated as confidential or that reasonably should be understood to be confidential given the nature of the information and the circumstances of disclosure.
- Content: any type of content or material that is uploaded to or posted on the Zcriptz Platform by Users, including images, Vidz and other videos, text elements (including comments), audio elements, GIFs/memes and any other type of content or material in whatever way or form.
- Creator(s): any User who uses the Zcriptz Platform for the uploading or posting of Content, whether for professional or private use. Any registration by agencies or agents is expressly excluded.
- Force Majeure: any unforeseen event which is beyond the reasonable control of Zcriptz and which prevents or delays performance by Zcriptz (or any person acting on its behalf) of any of its obligations under this Agreement, including but not limited to: natural disasters, epidemic or pandemic, outbreak or escalation of hostilities (whether or not war has been declared), hacking or internet attack that could not be prevented with reasonable security measures, any other unlawful act against public order or authority, unpredictable acts of the authorities, strike or other labor dispute, government restraint, power or electronic communication network disruption, suspension of payments, insolvency, receivership, administration, bankruptcy or liquidation of any third party.
- Zcriptz Platform: the platform accessible through https://zcriptz.com offered by Zcriptz under the brand name “Zcriptz” through which Users can access the Services.
- Intellectual Property: all of the following legal rights, title, or interest in or arising under the laws of Belgium and the European Union, any state, any other country or international treaty regime, whether or not filed, perfected, registered or recorded and whether now or hereafter existing, filed, issued or acquired, including all renewals thereof: (i) patents, patent applications and patent rights, including any such rights granted upon any reissue, re-examination, division, extension, provisional, continuation or continuation-in-part applications, and equivalent or similar rights anywhere in the world in inventions and discoveries; (ii) rights associated with works of authorship and literary property rights, including, but not limited to, copyrights, copyright applications and copyright registrations, and moral rights; (iii) rights relating to know-how or trade secrets, including but not limited to ideas, concepts, methods, techniques, inventions and other works, whether or not developed or reduced to practice, rights in industrial property, customer, vendor and prospect lists, and all associated information or databases, and other confidential or proprietary information; (iv) industrial designs, industrial models, utility models, certificates of invention and other indicia of invention ownership; (v) trademarks, service marks, logos, trade dress, Internet addresses (URLs), trade names and service names, whether or not registered, and the goodwill associated therewith; and (vi) any rights analogous to those set forth in the preceding language and any other proprietary rights relating to intangible property anywhere in the world.
- Principal User(s): Users above the age of 16 years or parent(s) or legal guardian(s) of Additional Users, who are able to access the Services and who are able to manage the Wallet.
- Services: the current and future services and functionalities offered through the Zcriptz Platform, enabling Creator(s), Supporter(s) and Additional User(s) to upload, purchase and access Content, as well as to send private end-to-end encrypted messages to other Users (“Chatz”).
- Subscription: the monthly subscription that a Supporter takes on a Creator’s account.
- Supporter(s): any User who uses the Zcriptz Platform and thus pays for and accesses the Content or the account of a Creator, whether for professional or private use.
- User(s): any natural person or legal entity who makes use of the Services, either as Creator or as Supporter.
- Vidz: Videos posted by Creators on their account which form part of either a one-time payment or a Subscription, and which are to be viewed by their Supporters or Additional Users, with the exclusion of the introduction video that a Creator can upload at the beginning (i.e. “HELLO-vidz” which is always freely accessible to all Users).
- Wallet: the e-wallet that Principal Users set up when creating their account and which contains an overview of the earnings of a Creator or gives Supporters the opportunity to access a Creator’s Vidz.
2. MODIFICATIONS TO THE ZCRIPTZ PLATFORM OR THESE GENERAL TERMS AND CONDITIONS
The functionalities of the Zcriptz Platform may vary from time to time. Should a new service or functionality be made available as part of the Services, Users will be informed thereof and will be free to decide to make use of it or not.
These General Terms and Conditions may be amended by Zcriptz with two (2) weeks prior notice. If Users do not wish to accept such amendments, they have the right to terminate the Agreement.
Users’ continued use of the Zcriptz Platform after amendment of the General Terms and Conditions means that they accept the amendments. Accordingly, Users are advised to consult these General Terms and Conditions from time to time. These terms are last modified on the date indicated below.
3. AGE REQUIREMENTS
Registration through the Zcriptz Platform is subject to a minimum age of 16 years.
Persons who are between 10 and 16 years of age, can only set up an account and use the Services as an Additional User after registration by their parent(s) or legal guardian(s) as a Principal User.
If the laws of the country, state or province where Users reside require a higher minimum of age, they acknowledge and agree that they must be of that minimum age in order to set up and account and make use of the Zcriptz Platform and its Services.
Users’ indication of age will be further verified again when setting up the Wallet, which they will need in order to purchase and access the Content on the Zcriptz Platform.
Zcriptz may ask for additional age or identity verification at all times.
4. ACCOUNT, SUBSCRIPTIONS AND PAYMENTS
In order to access the Zcriptz Platform and make use of the Services, Users must create an account which is free of charge. Registration is only open to residents of the European Union (‘EU’) and the United States of America (‘USA’).
To create an account, Users must provide us with their full name, date of birth, a valid email address, a username and a password. Zcriptz hereby reserves the right to ask for any additional information if necessary.
Users below the age of 16 years can only set up an account through their parent(s) or legal guardian(s), who will serve as Principal Users. Users below the age of 16 years can be added as Additional Users based on their date of birth with a separate setup and login. Due to their age, Additional Users will have more limited access to the Zcriptz Platform and functionalities. In particular, they will not have access to the Wallet. By registering as an Additional User, Users acknowledge and agree that they have obtained the prior consent of their parent(s) or legal guardian(s) and that the information provided is correct.
Users warrant that the provided information is accurate, complete, not offensive and does not infringe any rights of third parties. Any changes in the information, shall immediately be updated in the account so that the data is at all times accurate and complete. Users have the sole responsibility over the strength of their password.
Users are fully responsible to maintain the confidential nature of their private details. They must immediately contact Zcriptz at email@example.com when it comes to their attention that their account or password has been used without their knowledge or otherwise compromised. In that case, Users grant Zcriptz the right to preserve the confidential nature of the information and take all the necessary precautions. Zcriptz will not be liable for any loss that Users may incur as a result of someone else using their password or account, with or without their knowledge.
Vidz and Subscriptions
The Zcriptz Platform operates on the basis of (i) individual Vidz and (ii) Subscriptions. Prices are calculated in “Creditz”. 1 Creditz is the equivalent of one (1) EUR. Creators (or their Principal Users) are free to choose the prices for their Content, taking into account the following ranges:
|Individual Vidz||Starting from 1,5 Crediz/Vidz|
|Subscriptions||Starting from 4 Creditz|
|Vidz on demand||Starting from 2 Creditz|
Additionally, Creators (or their Principal Users) have the option to grant discounts to their Supporters. Such promotions shall be applicable for one (1) or three (3) months and only for a minimum of five percent (5%) and a maximum of fifty percent (50%) on the total price (inclusive of any statutory value-added tax (VAT)).
Supporters are free to give Creators tips if they want to thank them for their contribution. The minimum amount for these tips is two (2) Creditz.
Prices are subject to change by the Creator (or its Principal User) at any time. Supporters will be charged prices that are applicable at the time of their order, including Subscriptions.
Subscriptions will be automatically renewed, unless Supporters disable the ‘automatic renewal’ function by unchecking the corresponding box, which is possible at any time during the Subscription. In case of termination of a Subscription, Supporters will be charged for the subscription and will have access to the Creator’s Content until the end of the month in which the Subscription was terminated. Zcriptz does not have any obligation to refund any Subscriptions in the event a Supporter decides to terminate his/her Subscription. A refund will only be given if the Agreement is terminated for material breach on the part of Zcriptz.
Purchases by Supporters qualify as legal transactions or agreements between the relevant Creator (or their Principal User) and the Supporter. Zcriptz will not be a party to any such transaction or agreement, but merely provides the means to enter into such transaction or agreement. Users agree and accept that Zcriptz will not bear any responsibility in this regard.
Prices are inclusive of any VAT. Zcriptz will not bear any responsibility for additional charges due to currency exchange rates or charges imposed by a User’s payment card provider or bank. By making use of the Zcriptz Platform Users acknowledge and accept that they will at all times be responsible to comply with all applicable taxation laws and regulations. For more information on these aspects, we recommend Users to contact a tax specialist or local authorities.
Earnings and payments
Zcriptz will charge a fee of twenty percent (20%) on all proceeds earned by the Creator (or their Principal User) from Subscriptions and Vidz (inclusive of any VAT), and a fee of ten percent (10%) on all tips given to Creators (or their Principal User) by Supporters (inclusive of any VAT) (together, the ‘Fee’).
Payments are made and received through your Wallet. The setup of this Wallet is only open to Principal Users, and requires a KYC application process, adding of a bank account and linking of a credit or bank card. The setup of the Wallet requires a minimum top up of twenty five (25) Creditz.
Payments are processed by payment provider Stripe. Users warrant that the information used to set up their Wallet is accurate and that the monetary limit of their bank account or card will cover outstanding balances.
Supporters shall only ask for refunds with the payment provider or Creator in good faith. Unjustified requests for refunds may result in suspension or termination of an account. If a refund was successful, Zcriptz reserves the right to look into the matter and act accordingly by deducting an amount equal to the refund from the earnings of the Creator (or its Principal User).
Creators (or their Principal User) can check their earnings in their Wallet for each post, day and Supporter. Pay-out (after deduction of the Fee) will only take place for a minimum amount of fifty (50) Creditz. During the pay-out process, they will have the option to donate (part of) their earnings to other Creators as a contribution to charity.
Zcriptz reserves the right to withhold all or some part of the earnings of the Creator (or its Principal User) that are not yet paid out when during or after investigations it becomes clear that (i) the Creator (or its Principal User) seriously or repeatedly breaches the Agreement or these General Terms and Conditions, (ii) the Creator (or its Principal User) attempts to breach the Agreement or these General Terms and Conditions if this has severe consequences for Zcriptz or any Users, (ii) the earnings result from unlawful activities by the Creator (or its Principal User). Zcriptz hereby reserves the right to deduct a compensation for any damages that has been or may be occurred due to the behaviour of the Creator (or its Principal User). Zcriptz will not be responsible if at the end of the investigation none of these circumstances apply. In that case, Zcriptz will try its best efforts to pay out the Creator (or its Principal User) accordingly.
5. INTELLECTUAL PROPERTY OF ZCRIPTZ
Zcriptz and/or its licensors are the owner(s) or beneficiary(ies) of all Intellectual Property rights associated with the Zcriptz Platform. All copyrights, databank rights and software rights in all material contained on, in or available through the Zcriptz Platform including all information, data, text, graphics, and all source codes, software compilations and other material is owned by Zcriptz and/or its licensors.
Zcriptz grants Users for the term of the Agreement a non-transferable, non-sub-licensable, royalty-free, worldwide, non-exclusive licence to use the Zcriptz Platform in accordance with these General Terms and Conditions. This licence shall include any future updates made available to Users from time to time, provided that they understand and accept that such updates may be subject to other pricing arrangements and additional terms and conditions in respect of which they will be notified at the time such update is made available.
Without prejudice to Users’ rights relating to the protection of computer programs, they may not:
- modify, translate or adapt any of the components of the Zcriptz Platform (including any software associated with it) in any way;
- decompile or disassemble any of the components of the Zcriptz Platform (including any software associated with it) in any way;
- copy any of the components of the Zcriptz Platform (including any software associated with it) in any way, except to make a back-up copy;
- transfer, dispose of, grant as a sub-licence, lease, lend or distribute any of the components of the Zcriptz Platform (including any software associated with it) or documentation, in any way or in any form to third parties;
- merge the Zcriptz Platform or any component thereof into any other programs or create derivative works based on (any component of) the Zcriptz Platform;
- use the Zcriptz Platform in whole or in part or any Confidential Information relating thereto to create software that is functionally equivalent to the Zcriptz Platform or any part thereof;
- use the Zcriptz Platform in a way that may lead to the encouragement, procurement or carrying out of any unlawful or criminal activity or which may cause any harm or injury to any person; and/or remove, obscure or alter proprietary rights notices (including trademarks and copyrights notices) which may be affixed to or contained within the Zcriptz Platform.
Zcriptz reserves the sole right to correct any errors in the Zcriptz Platform, its Services or documentation.
Nothing contained in the Zcriptz Platform shall be construed as granting any licence or right to make commercial use of any trademark, Intellectual Property right or copyrighted material of Zcriptz and/or its licensors without their prior written permission.
Should the Zcriptz Platform contain elements of Intellectual Property belonging to third parties, Zcriptz shall arrange for such third party to grant Users the necessary use rights.
Users hereby undertake to immediately inform Zcriptz of any claim from any third party based on an alleged breach by Zcriptz of the Intellectual Property rights of third parties as well as to provide all information and support related thereto. Users hereby grant Zcriptz the right to conduct any legal proceedings and negotiations in connection with such a claim. In the event of such a claim, Zcriptz may, at its sole discretion: (i) adapt the allegedly infringing component of the Zcriptz Platform or Services related thereto in order to remedy the alleged breach, (ii) obtain the right on Users’ behalf to continue using the relevant component, or (iii) should Zcriptz be of the opinion that neither of those options can reasonably be achieved, terminate the Agreement. The foregoing sets out the sole and exclusive remedy Users will have in the event of any third party claim specifically excluding any claim for compensation or refund.
6. INTELLECTUAL PROPERTY ON CONTENT OF CREATORS
Content on the Zcriptz Platform will remain the sole property and responsibility of the Creator who posted or made available the Content. The Creator hereby acknowledges and accepts that Zcriptz has no control over the lawfulness of the Content and is not obliged to actively monitor it as provided under the E-Commerce Directive 2000/31/EC of 8 June 2000 or otherwise.
The Creator hereby guarantees that the Content he/she posts or makes available does not infringe the Intellectual Property rights of third parties. The Creator warrants that he/she owns the Intellectual Property rights in his/her Content or that he/she has obtained the necessary licences to make use of the Content and grant both Zcriptz and other Users the necessary sub-licences.
The Creator shall indemnify Zcriptz against any third party claims based on the alleged inaccuracy of these guarantees. The Creator shall indemnify Zcriptz for any adverse consequences, financial or otherwise, caused by the infringement of Intellectual Property rights of third parties.
By acceptance of these General Terms and Conditions and use of the Zcriptz Platform, the Creator grants Zcriptz a perpetual, non-exclusive, worldwide, royalty-free, sublicensable, assignable and transferable licence on his/her Content, for any purpose reasonably related to the Services and operation or exploitation of the Zcriptz Platform. This licence will in any case include, in any manner or form, the right to reproduce, make available, communicate to the public, host, display, distribute, adapt and translate the Content. In these cases and to the extent permitted by law, the Creator waives any moral rights he/she might have towards Zcriptz in relation to the distortion, mutilation or other derogatory modification of his/her Content. The Creator acknowledges and accepts that this licence will be royalty free and covered by the Services and payments he/she receives in return from his/her Supporters. The Creator hereby waives any right or interest that he/she would have in a compensation for the licence granted to Zcriptz.
The Creator acknowledges and agrees that by uploading the Content on the Zcriptz Platform he/she grants Supporters and Additional Users – who paid for a Subscription or single Vidz – the right to have access to and view his/her Content. The Creator is nevertheless free to limit the further use of his/her Content by Supporters and Additional Users by granting them only specific licences, to be mutually agreed upon. This again constitutes a legal transaction or agreement between the Creator and the Supporter/Additional User for which Zcriptz cannot be held liable or be considered a party to. The Creator shall indemnify Zcriptz for any breach of this obligation of access to the Content, including any loss of damage Zcriptz may suffer (including loss of profits) as result of failing to comply with this obligation.
7. USE OF IMAGES
The Zcriptz Platform provides Users with the possibility to share images that may or may not depict a person’s image. Users will bear the sole responsibility to obtain any and all necessary permissions from the depicted person(s). Zcriptz does not accept any responsibility should the User use said images without obtaining the permission from the depicted person(s). Users understand and accept all responsibility associated with using any image of any person without obtaining prior written permission.
8. USE OF THE ZCRIPTZ PLATFORM
Users must use the Zcriptz Platform in accordance with these General Terms and Conditions.
In order to access and use the Zcriptz Platform, Users may be required to have certain compatible hardware and software (which may be subject to a fee due to a third party), which is their sole responsibility. Periodic updates may also be required. Users’ use of the Zcriptz Platform may be affected by the functioning of all these elements which are not under the control of Zcriptz.
Users are responsible for the Content, views, comments and messages they post or express on or through the Zcriptz Platform. Users shall to the extent permitted by law indemnify Zcriptz against any third party claims, in whatever way or form, resulting from the non-compliance with these General Terms and Conditions, including the hereunder listed non-exhaustive user-guidelines.
With regard to the Content
Creators shall refrain from posting or making available any Content that, in whatever way or form:
- is pornographic, obscene, violent, indecent, shocking or unsuitable for family audiences, defamatory, abusive, threatening, blackmailing, harassing, discriminatory, racist or xenophobic;
- constitutes non-consensual distribution or making available of intimate images (‘revenge porn’);
- contains nudity;
- is part of any hate speech;
- relates to or includes individuals below the age of 18 years unless you have their explicit written consent to do so;
- infringes the Intellectual Property, image, privacy or any other rights of third parties;
- is false, misleading or that shows or promotes illegal or fraudulent activities (including criminal offences);
- is part of private messages with another User not intended to be disclosed beyond the end-to-end encryption message system of the Services (“Chatz”);
- contains or refers to a person’s personal data or private or confidential information without that person’s explicit written consent, including ‘doxing’ activities;
- does not satisfy a minimum threshold of quality that can be expected from all Creators, taking into account the price and description of the Content, as well as any other circumstance that might reasonably have an impact on the judgement of the quality of the Content;
- is pre-recorded if the Content entails livestreaming.
Pornographic content or nudity is not allowed in a Users’ Content, not in its profile avatar, header or HELLO Vidz. Nude, pornographic and other such related Content will only be allowed on the Zcriptzplus platform, which can be accessed here: www.zcriptzplus.com Access and registration to the Zcriptzplus platform is only open for users above the age of 18 years.
With regard to use of the Zcriptz Platform in general:
Users shall not use the Zcriptz Platform:
- to (attempt to) harm or exploit individuals below the age of 18 years;
- for commercial activities such as advertising or product placements without the necessary disclosure and/or affiliation with the organization or product;
- to stalk, (cyber)bully, abuse, harass, threaten or intimidate Users or other third parties;
- to make it seem that they have an affiliation or sponsorship with Zcriptz, or that the Content posted, is somehow approved, licensed or endorsed by Zcriptz;
- to use artificial intelligence, other software or material that is misleading to other Users (including deepfakes and spam) or that is threatening to the functioning and security of the Zcriptz Platform (including viruses, trojans and worms);
- to use any robot, spider, screen or database scraper, site research or retrieval application, or other automated device, process or means to access, retrieve any portion of Content or information on the Zcriptz Platform;
- to use any of the Intellectual Property rights belonging to Zcriptz without prior written consent (including use of Zcriptz’ logo, brand name and trademarks);
- for any other purpose that cannot reasonably be held to be acceptable in light of the Services and intention of the Zcriptz Platform.
Users shall have the right to file a complaint if they establish that any of the above user guidelines were not followed and/or their rights were violated. Any person who believes that certain Content on the Zcriptz Platform constitutes a copyright or trademark infringement, defamation, misleading advertising, unfair commercial practice, unfair competition, publication of illegal content or any other illegal content can send us a notice.
If User is established or reside in the USA, complaints based on Intellectual Property rights shall be filed following Zcriptz’ DMCA Policy, or by sending an e-mail to firstname.lastname@example.org containing all of the requirements as stated in Section 512 (c) (3) of the DMCA. If a complaint does not relate to Intellectual Property rights, Users can make use of the ‘report’-button next to the Content, or file a complaint by sending an email to email@example.com.
If User is established or reside in the EU, they acknowledge that Zcriptz operates as an Information Society Service as defined in Article 1(2) of Directive 98/34/EC as amended by Directive 98/48/EC. Hence, Zcriptz falls within the scope of the E-Commerce Directive 2000/31/EC of 8 June 2000. Following Article 14 of the E-Commerce Directive, hosting providers (like Zcriptz) are not liable for the illegal information stored on their platform at the request of a recipient of the service, if they do not have actual knowledge of illegal activity or information and, as regards claims for damages, are not aware of facts or circumstances from which the illegal activity is apparent. Zcriptz is committed to providing a secure internet environment. Upon obtaining knowledge or awareness, Zcriptz will act expeditiously to remove or disable access to illegal Content. Users established or residing in the EU can either report Content through the ‘report’-button next to the Content, or file a complaint by sending an email to firstname.lastname@example.org.
Any person who believes that a certain account infringes the above user guidelines or violates their rights, can either report the User concerned through the ‘report’-button next to the account, or send an email to email@example.com.
Zcriptz will try its best efforts to investigate complaints in a timely manner and good faith. If the alleged illegal Content is to be found illegal, we will promptly remove or disable access to the Content. By reporting Content or accounts, Users accept that in order to thoroughly investigate the complaint, Zcriptz can contact them to ask for additional information. When a decision has been reached, Zcriptz will send the User in question a notification. Non-compliance with the above user guidelines might result in suspension or termination of the account, as well as suspension or revocation of earnings as set out in these General Terms and Conditions. The same actions can be taken if Zcriptz establishes that the complaint was wholly unjustified, abusive or made in bad faith.
9. TERM AND TERMINATION - SUSPENSION OF ACCOUNT
The Agreement between Zcriptz and a User regarding the use of the Zcriptz Platform and Services is concluded for an undefined term. Users may at any time terminate this Agreement with immediate effect, without compensation and without prior notice, by deleting their account. In this case, the termination will take effect immediately or at the end of the Subscription period. The Creator, however, acknowledges and agrees that its account and Content will stay visible during a period of three (3) months for Supporters and Additional Users who paid to access his/her Content. In the event of a termination by the User, refunds by Zcriptz will not be possible.
Zcriptz may at any time terminate the Agreement or any of the Services without compensation with one (1) month prior notice to the Users.
Without prejudice to its other rights available by law or under the Agreement, Zcriptz may, at its own discretion and without prior notice, either terminate this Agreement with immediate effect or suspend the performance under this Agreement, deny or restrict access to the Zcriptz Platform at any time if a User uses the Zcriptz Platform in any way that is contrary to these General Terms and Conditions, including in the following non-exhaustive cases:
- if Zcriptz becomes aware of facts that jeopardise the relationship of trust between the User and Zcriptz, or between Zcriptz and other Users;
- if a User repeatedly fails to respect the General Terms and Conditions, including the user guidelines;
- if Zcriptz becomes aware that a User created its account based on false information;
- if Zcriptz is notified that a User persistently breaches applicable laws and regulations, including tax and labour laws and regulations;
- if it becomes known to Instavdiz that a User previously had an account that was terminated or suspended by Zcriptz because he/she violated the General Terms and Conditions, including the user guidelines;
- if Zcriptz becomes aware of facts that harm or threaten to harm Zcriptz’ reputation;
- in case of use of the Zcriptz Platform for fraudulent or illegal purposes;
- if the User does any of the following via the Zcriptz Platform: 'spamming', 'hacking', 'phishing', 'pharming'.
If Zcriptz decides to suspend or terminate an account, it will notify the User by e-mail outlining the reasons for this decision. If the User feels that the suspension or termination was not justified, he/she has the opportunity to file a request for review of the decision. Requests should be directed at the following email address: firstname.lastname@example.org.
Supporters and Additional Users acknowledge and accept that Creators can terminate their account at any time despite ongoing Subscriptions, or that Zcriptz might suspend or terminate a Creator’s account in the aforementioned circumstances. In those cases, a Creator’s account will nevertheless stay visible during a period of three (3) months for Supporters and Additional Users who paid to access his/her Content.
Zcriptz will not bear any responsibility for any loss suffered as a result of a suspension, termination and/or investigation of a request.
Upon termination or suspension of a Creator’s account, any outstanding balances can still be paid out during three (3) months after the termination or suspension.
Creators’ accounts will be deleted automatically after three (3) months of inactivity. In such case, Zcriptz will notify the Creator of the deletion of his/her account. Posting the same Vidz under different categories (e.g. to generate more visibility) will not be considered a new activity.
Use of the Zcriptz Platform is at Users' own risk and under their full responsibility. Users acknowledge and accept that they will use the Zcriptz Platform with due care and diligence complying with all applicable laws and regulations.
The duties and responsibilities of Zcriptz under this Agreement shall be limited to those expressly set forth and undertaken therein.
By using the Zcriptz Platform, Users acknowledge and agree that once their Content is posted, Zcriptz is under no obligation to actively monitor the Content. Zcriptz will likewise not be responsible for the use of Content by other Users or third parties.
USERS REPRESENT THAT THEY HAVE INDEPENDENTLY INVESTIGATED THE ADVISABILITY OF USING THE Zcriptz PLATFORM AND THE POSSIBLE RISKS INVOLVED IN USING THE Zcriptz PLATFORM. USERS AGREE TO MAINTAIN THEIR OWN INSURANCE COVERING SUCH RISKS AND WILL LOOK SOLELY TO SUCH INSURANCE FOR REIMBURSEMENT OF ANY RESULTING DAMAGES.
Zcriptz shall not be liable for any loss (i.e. loss, liability, cost, damages, claim, fees, charges and expenses) directly or indirectly resulting from or in any way connected with:
With regard to the Content:
- The lawfulness or infringing character of the Content posted and hosted on the Zcriptz Platform by Users, as well as possible identifications of a person resulting from that Content;
- Non-compliance with labour laws and regulations of Creators related to the creation and use of their Content;
- Possible rights granted on Content by Creators or third parties. Zcriptz does not grant Users any rights on Content posted on the Zcriptz Platform. Users and other third parties should contact the Creator who is the only one who can grant such (Intellectual Property) rights;
- Any link by Users to third party websites and content;
With regard toe the Zcriptz Platform in general:
- The views, comments, messages and (personal) information posted/expressed by Users on/through the Zcriptz Platform. Zcriptz will not be responsible for the Content posted and does not support or endorse any views that might be expressed on the Zcriptz Platform;
- The inaccuracy and/or incompleteness of information provided on/via the Zcriptz Platform and/or the use of such information;
- Non-compliance with (taxation) laws and regulations of Users of the Zcriptz Platform;
- The access/use of the Zcriptz Plaform or the impossibility of or delay in the access/use of the Zcriptz Platform (including but not limited to the impossibility of or delay in the access/use of any component of the Zcriptz Platform);
- The malfunctioning of a User’s device or of any electronic communication network in general of any third party software or hardware;
- Any reason beyond Zcriptz’ control, including cases of Force Majeure.
- Any delay, data loss or damage in the context of transmission between the Zcriptz Platform and the receiver;
- The negligent, illegal, unethical, fraudulent or criminal acts or omissions of Zcriptz’ service providers and/or any third party;
- Hacking and/or the spread of computer viruses, bugs or any other malware, malfunctions or errors;
- Any breach by a User of any provision of these General Terms and Conditions and/or any abnormal or incorrect use of the Zcriptz Platform.
Zcriptz reserves the right at all times, for any reason, and without notice to: (i) restrict, deactivate, suspend and/or terminate access to the Zcriptz Platform (or any part thereof); and (ii) modify or discontinue providing the Zcriptz Platform (or any part thereof). Users acknowledge and agree that Zcriptz will not be liable to them or any third party for any termination, suspension or modification to the Zcriptz Platform regardless of the reason for such termination, suspension or modification. Users acknowledge and agree that their only right with respect to any dissatisfaction with any modification or discontinuation of the Zcriptz Platform made by us is to terminate the use of the Zcriptz Platform.
WITHOUT LIMITING THE FOREGOING AND UNLESS SPECIFICALLY PROVIDED OTHERWISE BY APPLICABLE MANDATORY LAW, UNDER NO CIRCUMSTANCES SHALL ZCRIPTZ BE LIABLE FOR:
- ANY INDIRECT, INCIDENTAL OR CONSEQUENTIAL LOSS, INCLUDING BUT NOT LIMITED TO, LOSS OF OR DAMAGE TO CLIENTELE, LOSS OF DATA, LOSS OF EARNINGS, LOSS OF PROFITS, DISRUPTION OF BUSINESS, CLAIMS FROM THIRD PARTIES, REPUTATION OR EXPECTED SAVINGS EVEN IF ZCRIPTZ WAS ADVISED OR WAS OTHERWISE AWARE OR SHOULD HAVE BEEN AWARE OF THE POSSIBILITY OR LIKELIHOOD OF SUCH LOSSES AND REGARDLESS OF WHETHER THE CAUSE OF ACTION IS IN CONTRACT OR IN TORT (INCLUDING NEGLIGENCE) OR OTHERWISE;
- ANY DIRECT LOSS OTHER THAN CAUSED EXCLUSIVELY BY ZCRIPTZ’ OWN GROSS NEGLIGENCE OR WILFUL MISCONDUCT.
TO THE EXTENT PERMITTED BY MANDATORY LAW AND NOTWITHSTANDING ANY PROVISION CONTAINED IN THIS AGREEMENT TO THE CONTRARY, THE AGGREGATE LIABILITY OF ZCRIPTZ UNDER THE AGREEMENT FOR ANY AND ALL LOSSES SUFFERED OR INCURRED BY USERS AND WHICH IS NOT SPECIFICALLY EXCLUDED HEREIN, SHALL NOT EXCEED FIVE HUNDRED (500) EUR IRRESPECTIBE OF THE LEGAL GROUND INVOKED INCLUDING, WITHOUT LIMITATION, BREACH OF CONTRACT, BREACH OF WARRANTIES, TORT OR ANY OTHER LEGAL THEORY.
This Article 10 applies regardless of the legal ground or nature of the claim.
11. DISCLAIMER OF WARRANTIES
While Zcriptz will use reasonable efforts to ensure that all information and documentation relating to the Zcriptz Platform is correct, accuracy cannot be guaranteed and Zcriptz cannot assume any responsibility or liability for the accuracy, completeness or authenticity of any information.
THE ZCRIPTZ PLATFORM AND ANY OF ITS COMPONENTS ARE PROVIDED ON AN “AS AVAILABLE” OR “AS IS” BASIS. WITHOUT PREJUDICE TO THE MANDATORY PROVISIONS OF APPLICABLE LAW, ALL FURTHER WARRANTIES EXPRESS OR IMPLIED, ARE HEREBY DISCLAIMED, INCLUDING ANY WARRANTY OF MERCHANTABILITY, QUALITY OF INFORMATION OR FITNESS FOR A PARTICULAR PURPOSE. NO INFORMATION OBTAINED BY USERS FROM ZCRIPTZ SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED HEREIN. WITHOUT LIMITATION AND TO THE EXTENT PERMITTED BY MANDATORY LAW, ZCRIPTZ DISCLAIMS ALL WARRANTIES REGARDING THE AVAILABILITY OF THE ZCRIPTZ PLATFORM OR RELATED SOFTWARE AND ITS SERVICES EXCEPT AS EXPRESSLY STATED IN THE AGREEMENT OR REGARDING THE FACT THAT THEY WILL OPERATE ERROR-FREE AT ALL TIMES, THAT DEFECTS WHICH DO NOT MATERIALLY AFFECT THE PROVISION OF THE SERVICES WILL BE CORRECTED OR THAT THE SOFTWARE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. THE USE OF THE ZCRIPTZ PLATFORM IS AT USERS’ OWN RISK. Any content downloaded or otherwise obtained through the Zcriptz Platform is provided at Users’ own risk, and Users are solely responsible for any damage that may result from their use of the Zcriptz Platform.
Zcriptz will make all commercially reasonable efforts to ensure that the Zcriptz Platform is accessible or available 24/7, but cannot guarantee this. Zcriptz is entitled to make the Zcriptz Platform (temporarily) inaccessible or unavailable in order to optimise the Zcriptz Platform, for maintenance or due to a technical requirements, without this list being exhaustive.
Assignment – This Agreement may not be assigned or transferred by the User, without the prior written consent of Zcriptz. Zcriptz may assign its rights and transfer its obligations at any time provided it ensures that User’s rights are still adequately safeguarded after that transfer.
Feedback – If a User provides any feedback to Zcriptz concerning the functionality and performance of the Zcriptz Platform (including identifying potential errors and improvements), he/she hereby assigns to Zcriptz all right, title, and interest in and to such feedback, and Zcriptz is free to use such feedback without payment or restriction.
Severability – If any provision of these General Terms and Conditions shall held to be invalid, illegal or unenforceable, in whole or in part, both Parties shall be relieved of all rights and obligations arising under such provision but only to the extent that such provision is invalid, illegal or unenforceable and provided that each such provision shall be modified to the extent necessary to make it valid, legal and enforceable whilst preserving the intent of the Parties. All other provisions of these General Terms and Conditions shall be regarded as fully valid and enforceable unless otherwise proved.
No waiver – Zcriptz’ failure to enforce any provision of these General Terms and Conditions or any additional terms shall not be deemed a waiver of such provisions nor of its right to enforce such provision.
Applicable law and competent jurisdiction – If User is established or resident in the EU, these General Terms and Conditions shall be governed by and construed in accordance with Belgian law and any dispute arising out of or in connection with these General Terms and Conditions or the Zcriptz Platform shall be finally settled under the CEPANI Rules of Arbitration by one or more arbitrators appointed in accordance with those Rules (https://www.cepani.be/contact-us/). The arbitral tribunal shall be composed of one or three arbiters depending on the value of your claim as determined by the CEPANI Rules of Arbitration. The proceedings shall be conducted in English and the seat of the arbitration shall be Brussels, Belgium; the applicable law shall be Belgian law.
Any questions about our Services, the Zcriptz Platform or these General Terms and Conditions, can be dericted to email@example.com.
Latest update: 11/05/2021
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