Terms of Service

This page explains the terms by which you may use the online and/or mobile services, website, and software provided on or in connection with the service (collectively the “Service”) provided by Zaxme International LLC (“ZAXME,”,”ZAXME LLC” “we,” or “us”). By accessing or using the Service, you signify that you have read, understood, and agree to be bound by this Terms of Use Agreement (“Agreement”) and to the collection and use of your information as set forth in the Zaxme Privacy Policy, whether or not you are a registered user of our Service.

ZAXME reserves the right to make unilateral modifications to these terms and will provide notice of these changes as described below. This Agreement applies to all visitors, users, and others who access the Service (“Users”).

PLEASE READ THIS AGREEMENT CAREFULLY TO ENSURE THAT YOU UNDERSTAND
EACH PROVISION. THIS AGREEMENT CONTAINS A MANDATORY INDIVIDUAL
ARBITRATION AND CLASS ACTION/JURY TRIAL WAIVER PROVISION THAT REQUIRES
THE USE OF ARBITRATION ON AN INDIVIDUAL BASIS TO RESOLVE DISPUTES,
RATHER THAN JURY TRIALS OR CLASS ACTIONS.

Use of Our Service
Zaxme International LLC’s provides a place for Users to share content,express their views, share their reviews or others reviews on products, places services or anything they want, and interact with their friends, family, and other contacts, as well as other Users.


Mobile and Other Devices

We currently provide our mobile services for free, but please be aware that your carrier’s normal rates and fees, such as text messaging and data charges, will still apply. In the event you change or deactivate your mobile telephone number, you will update your account information with a new number.

A. Eligibility
This is a contract between you and Zaxme International LLC. You must read and agree to these terms before using the Zaxme Service. If you do not agree, you may not use the Service. You may use the Service only if you can form a binding contract with Zaxme, and only in compliance with this Agreement and all applicable local, state, national, and international laws,
rules and regulations. Any use or access to the Service by anyone under 13 is strictly prohibited and in violation of this Agreement. The Service is not available to any Users previously removed from the Service by Zaxme.


B. Zaxme Service

Subject to the terms and conditions of this Agreement, you are hereby granted a non-exclusive, limited, non-transferable, freely revocable license to use the Service as permitted by the features of the Service. Zaxme reserves all rights not expressly granted herein in the Service and the Zaxme Content (as defined below). Zaxme may terminate this license at any time for any reason or no reason.

C. Zaxme Accounts
Your Zaxme account gives you access to the services and functionality that we may establish and maintain from time to time and in our sole discretion. We may maintain different types of accounts for different types of Users. If you open a Zaxme account on behalf of a company, group,organization, or other entity, then (a) “you” includes you and that entity, and (b) you
represent and warrant that you are an authorized representative of the entity with the authority to bind the entity to this Agreement, and that you agree to this Agreement on the entity’s behalf. By connecting to Zaxme with a third-party service, you give us permission to access and use your information from that service as permitted by that service, and to store your log-in credentials for that service.

Zaxme users provide their real names and information, and we need your help to keep it that way. Here are some commitments you make to us relating to registering and maintaining the security of your account:

You will not provide any false personal information on Zaxme, or create an account for anyone other than yourself without permission. You will not create more than one personal account associated with one phone number and
email id. If Zaxme disables your account for unlawful activity or due to direction given by any law enforcement agency, you will not create another one without our permission. You will not use Zaxme if you are under 13. Although we don’t check your age, but it is your responsibility and if you are a minor under 13 years of age, you are not allowed to have a Zaxme account.

You will not use Zaxme if you are a convicted sex offender.
You will not share your password (or in the case of developers, your secret key), let anyone else access your account, or do anything else that might jeopardize the security of your account.
If you select a username or similar identifier for your account or Page, we reserve the right to remove or reclaim it if we believe it is appropriate (such as when a trademark owner complains about a username that does not closely relate to a user’s actual name).

You may never use another User’s account without permission. When creating your account, you must provide accurate and complete information, and you must keep this information up to date. You are solely responsible for the activity that occurs on your account, and you must keep your account password secure. We encourage you to use “strong” passwords (passwords that use a combination of upper and lower case letters, numbers and symbols and
minimum 15 Alpha Numeric with a special character) with your account. You will be provided with OTP (One Time Password) to log into your account which you agree that you will not disclose to anybody. You must notify Zaxme immediately of any breach of security or unauthorized use of your account. Zaxme will not be liable for any losses caused by any unauthorized use of your account.

You may control your User profile and how you interact with the Service by changing the settings in your settings within the Zaxme Mobile Software aka Zaxme App as defined below. By providing Zaxme your email address and your mobile phone number you consent to our using the email address and mobile phone number to send you Service-related notices, including any notices required by law, in lieu of communication by postal mail. We may also
use your email address and mobile phone number to send you other messages, such as changes to features of the Service and special offers. If you do not want to receive such email messages and mobile messages, you may opt out by following the “Unsubscribe” link in the email messages. Zaxme must use mobile phone number to sent OTP passcode in the form of text message. Opting out may prevent you from logging in and receiving email messages
regarding updates, improvements, or offers.

D. Service Rules
You agree not to engage in any of the following prohibited activities: (i) copying, distributing, or
disclosing any part of the Service in any medium, including without limitation by any automated
or non-automated “scraping”; (ii) using any automated system, including without limitation
“robots,” “spiders,” “offline readers,” etc., to access the Service in a manner that sends more
request messages to the Zaxme servers than a human can reasonably produce in the same
period of time by using a conventional on-line web browser (except that Zaxme grants the
operators of public search engines revocable permission to use spiders to copy publicly
available materials from Zaxme.com for the sole purpose of and solely to the extent necessary
for creating publicly available searchable indices of the materials, but not caches or archives of
such materials); (iii) transmitting spam, chain letters, or other unsolicited email; (iv) attempting
to interfere with, compromise the system integrity or security or decipher any transmissions to
or from the servers running the Service; (v) taking any action that imposes, or may impose at
our sole discretion an unreasonable or disproportionately large load on our infrastructure; (vi)
uploading invalid data, viruses, worms, or other software agents through the Service; (vii)
collecting or harvesting any personally identifiable information, including account names,Phone
number, from the Service; (viii) using the Service for any commercial solicitation purposes; (ix)
impersonating another person or otherwise misrepresenting your affiliation with a person or
entity, conducting fraud, hiding or attempting to hide your identity; (x) interfering with the proper
working of the Service; (xi) accessing any content on the Service through any technology or
means other than those provided or authorized by the Service; or (xii) bypassing the measures
we may use to prevent or restrict access to the Service, including without limitation features
that prevent or restrict use or copying of any content or enforce limitations on use of the
Service or the content therein. If you repeatedly infringe other people’s intellectual property
rights, we will disable your account when appropriate.

Accessing any audiovisual content that may be available on the Service for any purpose or in
any manner other than Streaming (as defined below) is expressly prohibited unless explicitly
permitted by the functionality of the Service. “Streaming” means a contemporaneous digital
transmission of an audiovisual work via the Internet from the Zaxme Service to a User’s device
in such a manner that the data is intended for real-time viewing and not intended to be copied,
stored, permanently downloaded, or redistributed by the User.
We may, without prior notice, change the Service; stop providing the Service or features of the
Service, to you or to Users generally; or create usage limits for the Service. We may
permanently or temporarily terminate or suspend your access to the Service without notice and
liability for any reason, including if in our sole determination you violate any provision of this
Agreement, or for no reason. Upon termination for any reason or no reason, you continue to be
bound by this Agreement.

You are solely responsible for your interactions with other Zaxme Users. We reserve the right,
but have no obligation, to monitor disputes between you and other Users. Zaxme shall have no
liability for your interactions with other Users, or for any User’s action or inaction.

User Content
Some areas of the Service allow Users to post or provide content such as profile information,
videos, images, Audio, music, comments, questions, and other content or information (any
such materials a User submits, posts, displays, or otherwise makes available on the Service is
referred to as “User Content”). We claim no ownership rights over User Content created by
you. The User Content you create remains yours; however, by providing or sharing User
Content through the Service, you agree to allow others to view, edit, comment and/or share
your User Content in accordance with your settings and this Agreement. Zaxme has the right
(but not the obligation) in its sole discretion to review and remove any User Content that is
shared via the Service.
You agree

not to post User Content that

: (i) may create a risk of harm, loss, physical or
mental injury, emotional distress, death, disability, disfigurement, or physical or mental illness
to you, to any other person, or to any animal; (ii) may create a risk of any other loss or damage
to any person or property; (iii) seeks to harm or exploit children by exposing them to
inappropriate content, asking for personally identifiable details or otherwise; (iv) may constitute
or contribute to a crime or tort; (v) contains any information or content that we deem to be
unlawful, harmful, abusive, racially or ethnically offensive, defamatory, infringing, invasive of
personal privacy or publicity rights, harassing, humiliating to other people (publicly or
otherwise), libelous, threatening, profane, obscene, or otherwise objectionable; (vi) contains
any information or content that is illegal (including, without limitation, the disclosure of insider
information under securities law or of another party’s trade secrets); (vii) contains any
information or content that you do not have a right to make available under any law or under
contractual or fiduciary relationships; or (viii) contains any information or content that you know
is not correct and current or (ix) violates any school or other applicable policy, including those
related to cheating or ethics. You agree that any User Content that you post does not and will
not violate third-party rights of any kind, including without limitation any Intellectual Property
Rights (as defined below) or rights of privacy. To the extent that your User Content contains
music, you hereby represent that you are the owner of or have the necessary rights to all the
copyright rights, including without limitation the performance, mechanical, and sound
recordings rights, with respect to each and every musical composition (including lyrics) and
sound recording contained in such User Content and have the power to grant the license
granted below. Zaxme reserves the right, but is not obligated, to reject and/or remove any User
Content that Zaxme believes, in its sole discretion, violates any of these provisions. You
understand that publishing your User Content on the Service is not a substitute for registering
it with the U.S. Copyright Office, the Writer’s Guild of America, or any other rights organization.

For the purposes of this Agreement, “Intellectual Property Rights” means all patent rights,
copyright rights, mask work rights, moral rights, rights of publicity, trademark, trade dress and
service mark rights, goodwill, trade secret rights and other intellectual property rights as may
now exist or hereafter come into existence, and all applications therefore and registrations,
renewals and extensions thereof, under the laws of any state, country, territory or other
jurisdiction.
In connection with your User Content, you affirm, represent and warrant the following:

  1. You have the written consent of each and every identifiable natural person in the
    User Content, if any, to use such person’s name or likeness in the manner
    contemplated by the Service and this Agreement, and each such person has released
    you from any liability that may arise in relation to such use.
  2. You have obtained and are solely responsible for obtaining all consents as may be
    required by law to post any User Content relating to third parties.
  3. Your User Content and Zaxme’s use thereof as contemplated by this Agreement and
    the Service will not violate any law or infringe any rights of any third party, including but
    not limited to any Intellectual Property Rights and privacy rights.
  4. Zaxme may exercise the rights to your User Content granted under this Agreement
    without liability for payment of any guild fees, residuals, payments, fees, or royalties
    payable under any collective bargaining agreement or otherwise.
  5. To the best of your knowledge, all your User Content and other information that you
    provide to us is truthful and accurate.

Zaxme takes no responsibility and assumes no liability for any User Content that you or any
other User or third party posts, sends, or otherwise makes available over the Service. You
shall be solely responsible for your User Content and the consequences of posting, publishing
it, sharing it, or otherwise making it available on the Service, and you agree that we are only
acting as a passive conduit for your online distribution and publication of your User Content.
You understand and agree that you may be exposed to User Content that is inaccurate,
objectionable, inappropriate for children, or otherwise unsuited to your purpose, and you agree
that Zaxme shall not be liable for any damages you allege to incur as a result of or relating to
any User Content.

User Content License Grant
In accordance with your choice of the privacy settings offered by the Service, by posting or
otherwise making available any User Content on or through the Service, you expressly grant,
and you represent and warrant that you have all rights necessary to grant, to Zaxme a
royalty-free, sublicensable, transferable, perpetual, irrevocable, non-exclusive, worldwide
license to use, reproduce, modify, publish, list information regarding, edit, translate, distribute,
syndicate, publicly perform, publicly display, and make derivative works of all such User
Content and your name, voice, and/or likeness as contained in your User Content, in whole or
in part, and in any form, media or technology, whether now known or hereafter developed, for
use in connection with the Service and Zaxme’s (and its successors’ and affiliates’) business,
including without limitation for promoting and redistributing part or all of the Service (and
derivative works thereof) in any media formats and through any media channels. You also
hereby grant each User of the Service a non-exclusive license to access your User Content
through the Service, and to use, reproduce, distribute, display and perform such User Content
as permitted through the functionality of the Service and under this Agreement.

Mobile Software
A. Mobile Software. We may make available software to access the Service via a mobile
device (“Mobile Software also known as Mobile Application or Mobile App”). To use the Mobile
Software you must have a mobile device that is compatible with the Mobile Software. Zaxme
does not warrant that the Mobile Software will be compatible with your mobile device. You may
use mobile data in connection with the Mobile Software and may incur additional charges from
your wireless provider for these services. You agree that you are solely responsible for any
such charges. Zaxme hereby grants you a non-exclusive, non-transferable, revocable license
to use a compiled code copy of the Mobile Software for one Zaxme account on one mobile
device owned or leased solely by you, for your personal use. You may not: (i) modify,
disassemble, decompile or reverse engineer the Mobile Software, except to the extent that
such restriction is expressly prohibited by law; (ii) rent, lease, loan, resell, sublicense, distribute
or otherwise transfer the Mobile Software to any third party or use the Mobile Software to
provide time sharing or similar services for any third party; (iii) make any copies of the Mobile
Software; (iv) remove, circumvent, disable, damage or otherwise interfere with security-related
features of the Mobile Software, features that prevent or restrict use or copying of any content
accessible through the Mobile Software, or features that enforce limitations on use of the
Mobile Software; or (v) delete the copyright and other proprietary rights notices on the Mobile
Software. You acknowledge that Zaxme may from time to time issue upgraded versions of the
Mobile Software, and may automatically electronically upgrade the version of the Mobile
Software that you are using on your mobile device. You consent to such automatic upgrading
on your mobile device, and agree that the terms and conditions of this Agreement will apply to
all such upgrades. Any third-party code that may be incorporated in the Mobile Software is
covered by the applicable open source or third-party license EULA, if any, authorizing use of
such code. The foregoing license grant is not a sale of the Mobile Software or any copy
thereof, and Zaxme or its third-party partners or suppliers retain all right, title, and interest in
the Mobile Software (and any copy thereof). Any attempt by you to transfer any of the rights,
duties or obligations hereunder, except as expressly provided for in this Agreement, is void.
Zaxme reserves all rights not expressly granted under this Agreement. If the Mobile Software
is being acquired on behalf of the United States Government, then the following provision
applies. The Mobile Software will be deemed to be “commercial computer software” and
“commercial computer software documentation,” respectively, pursuant to DFAR Section
227.7202 and FAR Section 12.212, as applicable. Any use, reproduction, release,
performance, display or disclosure of the Service and any accompanying documentation by
the U.S. Government will be governed solely by these Terms of Service and is prohibited
except to the extent expressly permitted by these Terms of Service. The Mobile Software
originates in the United States, and is subject to United States export laws and regulations.
The Mobile Software may not be exported or re-exported to certain countries or those persons
or entities prohibited from receiving exports from the United States. In addition, the Mobile
Software may be subject to the import and export laws of other countries. You agree to comply
with all United States and foreign laws related to use of the Mobile Software and the Zaxme
Service.

B. Mobile Software from iTunes. The following applies to any Mobile Software you acquire
from the iTunes Store (“iTunes-Sourced Software”): You acknowledge and agree that this
Agreement is solely between you and Zaxme, not Apple, and that Apple has no responsibility
for the iTunes-Sourced Software or content thereof. Your use of the iTunes-Sourced Software
must comply with the App Store Terms of Service. You acknowledge that Apple has no
obligation whatsoever to furnish any maintenance and support services with respect to the
iTunes-Sourced Software. In the event of any failure of the iTunes-Sourced Software to
conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase
price for the iTunes-Sourced Software to you; to the maximum extent permitted by applicable
law, Apple will have no other warranty obligation whatsoever with respect to the
iTunes-Sourced Software, and any other claims, losses, liabilities, damages, costs or
expenses attributable to any failure to conform to any warranty will be solely governed by this
Agreement and any law applicable to Zaxme as provider of the software. You acknowledge
that Apple is not responsible for addressing any claims of you or any third party relating to the
iTunes-Sourced Software or your possession and/or use of the iTunes-Sourced Software,
including, but not limited to: (i) product liability claims; (ii) any claim that the iTunes-Sourced
Software fails to conform to any applicable legal or regulatory requirement; and (iii) claims
arising under consumer protection or similar legislation; and all such claims are governed
solely by this Agreement and any law applicable to Zaxme as provider of the software. You
acknowledge that, in the event of any third-party claim that the iTunes-Sourced Software or
your possession and use of that iTunes-Sourced Software infringes that third party’s
intellectual property rights, Zaxme, not Apple, will be solely responsible for the investigation,
defense, settlement and discharge of any such intellectual property infringement claim to the
extent required by this Agreement. You and Zaxme acknowledge and agree that Apple, and
Apple’s subsidiaries, are third-party beneficiaries of this Agreement as relates to your license
of the iTunes-Sourced Software, and that, upon your acceptance of the terms and conditions
of this Agreement, Apple will have the right (and will be deemed to have accepted the right) to
enforce this Agreement as relates to your license of the iTunes-Sourced Software against you
as a third-party beneficiary thereof.

Our Proprietary Rights
Except for your User Content, the Service and all materials therein or transferred thereby,
including, without limitation, software, images, text, graphics, illustrations, logos, patents,
trademarks and service marks (including, without limitation, the Zaxme and the Zaxme
published logo marks), copyrights, photographs, audio, videos, music, and User Content
belonging to other Users (the “Zaxme Content”), and all Intellectual Property Rights related
thereto, are the exclusive property of Zaxme and its licensors (including other Users who post
User Content to the Service). Except as explicitly provided herein, nothing in this Agreement
shall be deemed to create a license in or under any such Intellectual Property Rights, and you
agree not to sell, license, rent, modify, distribute, copy, reproduce, transmit, publicly display,
publicly perform, publish, adapt, edit or create derivative works from any Zaxme Content. Use
of the Zaxme Content for any purpose not expressly permitted by this Agreement is strictly
prohibited.

You may choose to or we may invite you to submit comments or ideas about the Service,
including without limitation about how to improve the Service or our products (“Ideas”). By
submitting any Idea, you agree that your disclosure is gratuitous, unsolicited and without
restriction and will not place Zaxme under any fiduciary or other obligation, and that we are
free to use the Idea without any additional compensation to you, and/or to disclose the Idea on
a non-confidential basis or otherwise to anyone. You further acknowledge that, by acceptance
of your submission, Zaxme does not waive any rights to use similar or related ideas previously
known to Zaxme, or developed by its employees, or obtained from sources other than you.

Zaxme Property
The Service contains data, information, and other content not owned by you, such as
reputational or status indicators, in-world currency, and/or fictional property representing virtual
achievements (for instance, trophies or powers) (“Zaxme Property”). You understand and
agree that regardless of terminology used, Zaxme Property represents a limited license right
governed solely by the terms of this Agreement and available for distribution at Zaxme’s sole
discretion. Zaxme Property is not redeemable for any sum of money or monetary value from
Zaxme at any time. You acknowledge that you do not own the account you use to access the
Service, nor do you possess any rights of access or rights to data stored by or on behalf of
Zaxme on Zaxme’s servers, including without limitation any data representing or embodying
any or all of your Zaxme Property. You agree that Zaxme has the absolute right to manage,
regulate, control, modify and/or eliminate Zaxme Property as it sees fit in its sole discretion, in
any general or specific case, and that Zaxme will have no liability to you based on its exercise
of such right. All data on Zaxme’s servers are subject to deletion, alteration or transfer.
NOTWITHSTANDING ANY VALUE ATTRIBUTED TO SUCH DATA BY YOU OR ANY THIRD
PARTY, YOU UNDERSTAND AND AGREE THAT ANY DATA, ACCOUNT HISTORY AND
ACCOUNT CONTENT RESIDING ON ZAXME’S SERVERS, MAY BE DELETED, ALTERED,
MOVED OR TRANSFERRED AT ANY TIME FOR ANY REASON IN ZAXME’S SOLE
DISCRETION, WITH OR WITHOUT NOTICE AND WITH NO LIABILITY OF ANY KIND.
ZAXME DOES NOT PROVIDE OR GUARANTEE, AND EXPRESSLY DISCLAIMS, ANY
VALUE, CASH OR OTHERWISE, ATTRIBUTED TO ANY DATA RESIDING ON ZAXME’S
SERVERS.

No Professional Advice
If the Service provides professional information (for example, medical, legal, or financial), such
information is for informational purposes only and should not be construed as professional
advice. No action should be taken based upon any information contained in the Service. You
should seek independent professional advice from a person who is licensed and/or qualified in
the applicable area.

Text Messaging
You may sign up to receive certain Zaxme notifications or information via text messaging. You
may incur additional charges from your wireless provider for these services. You agree that
you are solely responsible for any such charges.

Privacy
We care about the privacy of our Users. You understand that by using the Services you
consent to the collection, use and disclosure of your personally identifiable information and
aggregate data as set forth in our Privacy Policy, and to have your personally identifiable
information collected, used, transferred to and processed in the United States.

Security
Zaxme cares about the integrity and security of your personal information. Company uses
commercially reasonable physical, managerial, and technical safeguards to preserve the
integrity and security of your personal information and implement your privacy settings.
However, we cannot guarantee that unauthorized third parties will never be able to defeat our
security measures or use your personal information for improper purposes. You acknowledge
that you provide your personal information at your own risk.

DMCA Notice
Since we respect artist and content owner rights, it is Zaxme’s policy to respond to alleged
infringement notices that comply with the Digital Millennium Copyright Act of 1998 (“DMCA”).
If you believe that your copyrighted work has been copied in a way that constitutes copyright
infringement and is accessible via the Service, please notify Zaxme’s copyright agent as set
forth in the DMCA. For your complaint to be valid under the DMCA, you must provide the
following information in writing:

  1. An electronic or physical signature of a person authorized to act on behalf of the
    copyright owner;
  2. Identification of the copyrighted work that you claim has been infringed;
  3. Identification of the material that is claimed to be infringing and where it is located on
    the Service;
  4. Information reasonably sufficient to permit Zaxme to contact you, such as your
    address, telephone number, and, e-mail address;
  5. A statement that you have a good faith belief that use of the material in the manner
    complained of is not authorized by the copyright owner, its agent, or law; and
  6. A statement, made under penalty of perjury, that the above information is accurate,
    and that you are the copyright owner or are authorized to act on behalf of the owner.

The above information must be submitted to the following DMCA Agent:
Attn: DMCA Notice
Zaxme International LLC
Address:
UNDER FEDERAL LAW, IF YOU KNOWINGLY MISREPRESENT THAT ONLINE MATERIAL
IS INFRINGING, YOU MAY BE SUBJECT TO CRIMINAL PROSECUTION FOR PERJURY
AND CIVIL PENALTIES, INCLUDING MONETARY DAMAGES, COURT COSTS, AND
ATTORNEY’S FEES.
Please note that this procedure is exclusively for notifying Zaxme and its affiliates that
your copyrighted material has been infringed. The preceding requirements are intended
to comply with Zaxme’s rights and obligations under the DMCA, including 17 U.S.C.
§512(c), but do not constitute legal advice. It may be advisable to contact an attorney
regarding your rights and obligations under the DMCA and other applicable laws.

In accordance with the DMCA and other applicable law, Zaxme has adopted a policy of
terminating, in appropriate circumstances, Users who are deemed to be repeat infringers.
Zaxme may also at its sole discretion limit access to the Service and/or terminate the accounts
of any Users who infringe any intellectual property rights of others, whether or not there is any
repeat infringement.


Third-Party Links and Information;

The Service may contain links to third-party materials that are not owned or controlled by
Zaxme. Zaxme does not endorse or assume any responsibility for any such third-party sites,
information, materials, products, or services. If you access a third-party website or service from
the Service or share your User Content on or through any third-party website or service, you
do so at your own risk, and you understand that this Agreement and Zaxme’s Privacy Policy do not apply to your use of such sites. You expressly relieve Zaxme from any and all liability arising from your use of any third-party website, service, or content, including without limitation User Content submitted by other Users.

Certain users may post reviews, promotional or marketing materials, You agree that you are
interacting with such other users at your own risk and Zaxme shall not be responsible for any
loss or damage of any sort relating to your dealings with such users, and expressly relieve and
release Zaxme of any such responsibility.

Credits
The Zaxme app integrates the respective application programming interfaces, data, databases,
media libraries, images, and/or other intellectual property of Apple, Inc.; Microsoft Corporation;
FaceBook, Twitter; and Google, Inc. This material is proprietary and the subject of copyright
protection, database right protection and/or other intellectual property rights owned by Apple,
Inc.; TheMovieDB (“TMDb”); FAceBook;Twitter; Microsoft Corporation; and Google, Inc.; or
their respective suppliers. The use of this material is subject to the terms of one or more
license agreements. Any unauthorized copying or disclosure of this material will lead to
criminal and civil liabilities. The Zaxme app is not endorsed or certified by Apple, Inc.;
TheMovieDB (“TMDb”); Microsoft Corporation; or Google, Inc. // iTUNES is a registered
trademark of Apple, Inc. All rights reserved. // Facebook and their logo are registered
trademarks owned by Facebook, Inc. All rights reserved. // THEMOVIEDB.ORG and
themoviedb.org logo are trademarks owned by TMDb or its affiliated companies. All rights
reserved. // BING is a registered trademark owned by Microsoft Corporation. All rights
reserved. // GOOGLE is a registered trademark owned Google, Inc. All rights reserved.

Indemnity
You agree to defend, indemnify and hold harmless Zaxme and its subsidiaries, agents,
licensors, managers, and other affiliated companies, and their employees, contractors, agents,
officers and directors, from and against any and all claims, damages, obligations, losses,
liabilities, costs or debt, and expenses (including but not limited to attorney’s fees) arising from:
(i) your use of and access to the Service, including the Merchant Services and any data or
content transmitted or received by you; (ii) your violation of any term of this Agreement,
including without limitation your breach of any of the representations and warranties above; (iii)
your violation of any third-party right, including without limitation any right of privacy or
Intellectual Property Rights; (iv) your violation of any applicable law, rule or regulation; (v) User
Content or any content that is submitted via your account including without limitation
misleading, false, or inaccurate information; (vi) your willful misconduct; or (vii) any other
party’s access and use of the Service with your unique username, password or other
appropriate security code.

No Warranty
THE SERVICE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. USE OF THE
SERVICE IS AT YOUR OWN RISK. TO THE MAXIMUM EXTENT PERMITTED BY
APPLICABLE LAW, THE SERVICE IS PROVIDED WITHOUT WARRANTIES OF ANY KIND,
WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED
WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR
NON-INFRINGEMENT. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN,
OBTAINED BY YOU FROM ZAXME OR THROUGH THE SERVICE WILL CREATE ANY
WARRANTY NOT EXPRESSLY STATED HEREIN. WITHOUT LIMITING THE FOREGOING,
ZAXME, ITS SUBSIDIARIES, ITS AFFILIATES, AND ITS LICENSORS DO NOT WARRANT
THAT THE CONTENT IS ACCURATE, RELIABLE OR CORRECT; THAT THE SERVICE
WILL MEET YOUR REQUIREMENTS; THAT THE SERVICE WILL BE AVAILABLE AT ANY
PARTICULAR TIME OR LOCATION, UNINTERRUPTED OR SECURE; THAT ANY DEFECTS
OR ERRORS WILL BE CORRECTED; OR THAT THE SERVICE IS FREE OF VIRUSES OR
OTHER HARMFUL COMPONENTS. ANY CONTENT DOWNLOADED OR OTHERWISE
OBTAINED THROUGH THE USE OF THE SERVICE IS DOWNLOADED AT YOUR OWN
RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR
COMPUTER SYSTEM OR MOBILE DEVICE OR LOSS OF DATA THAT RESULTS FROM
SUCH DOWNLOAD OR YOUR USE OF THE SERVICE.

Indemnity
You agree to defend, indemnify and hold harmless Zaxme and its subsidiaries, agents,
licensors, managers, and other affiliated companies, and their employees, contractors, agents,
officers and directors, from and against any and all claims, damages, obligations, losses,
liabilities, costs or debt, and expenses (including but not limited to attorney’s fees) arising from:
(i) your use of and access to the Service, including the Merchant Services and any data or
content transmitted or received by you; (ii) your violation of any term of this Agreement,
including without limitation your breach of any of the representations and warranties above; (iii)
your violation of any third-party right, including without limitation any right of privacy or
Intellectual Property Rights; (iv) your violation of any applicable law, rule or regulation; (v) User
Content or any content that is submitted via your account including without limitation
misleading, false, or inaccurate information; (vi) your willful misconduct; or (vii) any other
party’s access and use of the Service with your unique username, password or other
appropriate security code.
No Warranty
THE SERVICE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. USE OF THE
SERVICE IS AT YOUR OWN RISK. TO THE MAXIMUM EXTENT PERMITTED BY
APPLICABLE LAW, THE SERVICE IS PROVIDED WITHOUT WARRANTIES OF ANY KIND,
WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED
WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR
NON-INFRINGEMENT. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN,
OBTAINED BY YOU FROM ZAXME OR THROUGH THE SERVICE WILL CREATE ANY
WARRANTY NOT EXPRESSLY STATED HEREIN. WITHOUT LIMITING THE FOREGOING,
ZAXME, ITS SUBSIDIARIES, ITS AFFILIATES, AND ITS LICENSORS DO NOT WARRANT
THAT THE CONTENT IS ACCURATE, RELIABLE OR CORRECT; THAT THE SERVICE
WILL MEET YOUR REQUIREMENTS; THAT THE SERVICE WILL BE AVAILABLE AT ANY
PARTICULAR TIME OR LOCATION, UNINTERRUPTED OR SECURE; THAT ANY DEFECTS
OR ERRORS WILL BE CORRECTED; OR THAT THE SERVICE IS FREE OF VIRUSES OR
OTHER HARMFUL COMPONENTS. ANY CONTENT DOWNLOADED OR OTHERWISE
OBTAINED THROUGH THE USE OF THE SERVICE IS DOWNLOADED AT YOUR OWN
RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR
COMPUTER SYSTEM OR MOBILE DEVICE OR LOSS OF DATA THAT RESULTS FROM
SUCH DOWNLOAD OR YOUR USE OF THE SERVICE.
ZAXME DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY
FOR ANY PEOPLE, PRODUCT OR SERVICE PROMOTED OR OFFERED BY A THIRD
PARTY THROUGH THE ZAXME SERVICE OR ANY HYPERLINKED WEBSITE OR
SERVICE, AND ZAXME WILL NOT BE A PARTY TO OR IN ANY WAY MONITOR ANY
TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR
SERVICES.
FEDERAL LAW, SOME STATES, PROVINCES AND OTHER JURISDICTIONS DO NOT
ALLOW THE EXCLUSION AND LIMITATIONS OF CERTAIN IMPLIED WARRANTIES, SO
THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU. THIS AGREEMENT GIVES YOU
SPECIFIC LEGAL RIGHTS, AND YOU MAY ALSO HAVE OTHER RIGHTS WHICH VARY
FROM STATE TO STATE. THE DISCLAIMERS AND EXCLUSIONS UNDER THIS
AGREEMENT WILL NOT APPLY TO THE EXTENT PROHIBITED BY APPLICABLE LAW.

Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL
ZAXME, ITS AFFILIATES, AGENTS, DIRECTORS, EMPLOYEES, SUPPLIERS OR
LICENSORS BE LIABLE FOR ANY INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL,
CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING WITHOUT LIMITATION
DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE
LOSSES, ARISING OUT OF OR RELATING TO THE USE OF, OR INABILITY TO USE, THIS
SERVICE. UNDER NO CIRCUMSTANCES WILL ZAXME BE RESPONSIBLE FOR ANY
DAMAGE, LOSS OR INJURY RESULTING FROM HACKING, TAMPERING OR OTHER
UNAUTHORIZED ACCESS OR USE OF THE SERVICE OR YOUR ACCOUNT OR THE
INFORMATION CONTAINED THEREIN.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ZAXME ASSUMES NO
LIABILITY OR RESPONSIBILITY FOR ANY (I) ERRORS, MISTAKES, OR INACCURACIES
OF CONTENT; (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE
WHATSOEVER, RESULTING FROM YOUR ACCESS TO OR USE OF OUR SERVICE; (III)
ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY
AND ALL PERSONAL INFORMATION STORED THEREIN; (IV) ANY INTERRUPTION OR
CESSATION OF TRANSMISSION TO OR FROM THE SERVICE; (V) ANY BUGS, VIRUSES,
TROJAN HORSES, OR THE LIKE THAT MAY BE TRANSMITTED TO OR THROUGH OUR
SERVICE BY ANY THIRD PARTY; (VI) ANY ERRORS OR OMISSIONS IN ANY CONTENT
OR FOR ANY LOSS OR DAMAGE INCURRED AS A RESULT OF THE USE OF ANY
CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE
THROUGH THE SERVICE; AND/OR (VII) USER CONTENT OR THE DEFAMATORY,
OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY. IN NO EVENT SHALL
ZAXME, ITS AFFILIATES, AGENTS, DIRECTORS, EMPLOYEES, SUPPLIERS, OR
LICENSORS BE LIABLE TO YOU FOR ANY CLAIMS, PROCEEDINGS, LIABILITIES,
OBLIGATIONS, DAMAGES, LOSSES OR COSTS.

THIS LIMITATION OF LIABILITY SECTION APPLIES WHETHER THE ALLEGED LIABILITY
IS BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR ANY OTHER
BASIS, EVEN IF ZAXME HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE.
THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT
PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.

SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR
CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT
APPLY TO YOU. THIS AGREEMENT GIVES YOU SPECIFIC LEGAL RIGHTS, AND YOU
MAY ALSO HAVE OTHER RIGHTS WHICH VARY FROM STATE TO STATE. THE
DISCLAIMERS, EXCLUSIONS, AND LIMITATIONS OF LIABILITY UNDER THIS
AGREEMENT WILL NOT APPLY TO THE EXTENT PROHIBITED BY APPLICABLE LAW.

The Service is controlled and operated from facilities in the United States. ZAXME makes no
representations that the Service is appropriate or available for use in other locations. Those
who access or use the Service from other jurisdictions do so at their own volition and are
entirely responsible for compliance with all applicable United States and local laws and
regulations, including but not limited to export and import regulations. You may not use the
Service if you are a resident of a country embargoed by the United States, or are a foreign
person or entity blocked or denied by the United States government. Unless otherwise
explicitly stated, all materials found on the Service are solely directed to individuals,
companies, or other entities located in the United States.

Governing Law, Arbitration, and Class Action/Jury Trial Waiver

A. Governing Law.
You agree that: (i) the Service shall be deemed solely based in New
Jersey; and (ii) the Service shall be deemed a passive one that does not give rise to personal
jurisdiction over us, either specific or general, in jurisdictions other than New Jersey. This
Agreement shall be governed by the internal substantive laws of the State of New Jersey,
without respect to its conflict of laws principles. The parties acknowledge that this Agreement
evidences a transaction involving interstate commerce. Notwithstanding the preceding
sentences with respect to the substantive law, any arbitration conducted pursuant to the terms
of this Agreement shall be governed by the Federal Arbitration Act (9 U.S.C. §§ 1-16). The
application of the United Nations Convention on Contracts for the International Sale of Goods
is expressly excluded. You agree to submit to the personal jurisdiction of the federal and state
courts located in, Middlesex County, New Jersey for any actions for which we retain the right to
seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual
or threatened infringement, misappropriation or violation of a our copyrights, trademarks, trade
secrets, patents, or other intellectual property or proprietary rights, as set forth in the
Arbitration provision below, including any provisional relief required to prevent irreparable
harm. You agree that, Middlesex County, New Jersey is the proper forum for any appeals of an
arbitration award or for trial court proceedings in the event that the arbitration provision below
is found to be unenforceable.

B. Arbitration.
READ THIS SECTION CAREFULLY BECAUSE IT REQUIRES THE PARTIES
TO ARBITRATE THEIR DISPUTES AND LIMITS THE MANNER IN WHICH YOU CAN SEEK
RELIEF FROM ZAXME. For any dispute with ZAXME, you agree to first contact us at
legal@zaxme.com and attempt to resolve the dispute with us informally. In the unlikely event
that ZAXME has not been able to resolve a dispute it has with you after sixty (60) days, we
each agree to resolve any claim, dispute, or controversy (excluding any claims for injunctive or
other equitable relief as provided below) arising out of or in connection with or relating to this
Agreement, or the breach or alleged breach thereof (collectively, “Claims”), by binding
arbitration by JAMS, under the Optional Expedited Arbitration Procedures then in effect for
JAMS, except as provided herein. JAMS may be contacted at www.jamsadr.com. The
arbitration will be conducted in MIddlesex County, New Jersey, unless you and ZAXME agree
otherwise. If you are using the Service for commercial purposes, each party will be responsible
for paying any JAMS filing, administrative and arbitrator fees in accordance with JAMS rules,
and the award rendered by the arbitrator shall include costs of arbitration, reasonable
attorneys’ fees and reasonable costs for expert and other witnesses. If you are an individual
using the Service for non-commercial purposes: (i) JAMS may require you to pay a fee for the
initiation of your case, unless you apply for and successfully obtain a fee waiver from JAMS;
(ii) the award rendered by the arbitrator may include your costs of arbitration, your reasonable
attorney’s fees, and your reasonable costs for expert and other witnesses; and (iii) you may
sue in a small claims court of competent jurisdiction without first engaging in arbitration, but
this does not absolve you of your commitment to engage in the informal dispute resolution
process. Any judgment on the award rendered by the arbitrator may be entered in any court of
competent jurisdiction. Nothing in this Section shall be deemed as preventing Zaxme from
seeking injunctive or other equitable relief from the courts as necessary to prevent the actual
or threatened infringement, misappropriation, or violation of our data security, Intellectual
Property Rights or other proprietary rights.

C. Class Action/Jury Trial Waiver.
WITH RESPECT TO ALL PERSONS AND ENTITIES,
REGARDLESS OF WHETHER THEY HAVE OBTAINED OR USED THE SERVICE FOR
PERSONAL, COMMERCIAL OR OTHER PURPOSES, ALL CLAIMS MUST BE BROUGHT IN
THE PARTIES’ INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER
IN ANY PURPORTED CLASS ACTION, COLLECTIVE ACTION, PRIVATE ATTORNEY
GENERAL ACTION OR OTHER REPRESENTATIVE PROCEEDING. THIS WAIVER
APPLIES TO CLASS ARBITRATION, AND, UNLESS WE AGREE OTHERWISE, THE
ARBITRATOR MAY NOT CONSOLIDATE MORE THAN ONE PERSON’S CLAIMS. YOU
AGREE THAT, BY ENTERING INTO THIS AGREEMENT, YOU AND ZAXME ARE EACH
WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION,
COLLECTIVE ACTION, PRIVATE ATTORNEY GENERAL ACTION, OR OTHER
REPRESENTATIVE PROCEEDING OF ANY KIND.

General
A. Assignment.

This Agreement, and any rights and licenses granted hereunder, may not be
transferred or assigned by you, but may be assigned by ZAXME without restriction. Any
attempted transfer or assignment in violation hereof shall be null and void.

B. Notification Procedures and Changes to the Agreement. Zaxme may provide
notifications, whether such notifications are required by law or are for marketing or other
business related purposes, to you via email notice, Text Message, written or hard copy notice,
or through posting of such notice on our website, as determined by Zaxme in our sole
discretion. Zaxme reserves the right to determine the form and means of providing notifications
to our Users, provided that you may opt out of certain means of notification as described in this
Agreement. Zaxme is not responsible for any automatic filtering you or your network provider
may apply to email notifications we send to the email address you provide us. Zaxme may, in
its sole discretion, modify or update this Agreement from time to time, and so you should
review this page periodically. When we change the Agreement in a material manner, we will
update the ‘last modified’ date at the bottom of this page. Your continued use of the Service
after any such change constitutes your acceptance of the new Terms of Use. If you do not
agree to any of these terms or any future Terms of Use, do not use or access (or continue to
access) the Service.

C.Entire Agreement/Severability. This Agreement, together with any amendments and any
additional agreements you may enter into with Zaxme in connection with the Service, shall
constitute the entire agreement between you and Zaxme concerning the Service. If any
provision of this Agreement is deemed invalid by a court of competent jurisdiction, the invalidity
of such provision shall not affect the validity of the remaining provisions of this Agreement,
which shall remain in full force and effect, except that in the event of unenforceability of the
universal Class Action/Jury Trial Waiver, the entire arbitration agreement shall be
unenforceable.

D. No Waiver
. No waiver of any term of this Agreement shall be deemed a further or
continuing waiver of such term or any other term, and Zaxme’s failure to assert any right or
provision under this Agreement shall not constitute a waiver of such right or provision.

E. Contact.

Please contact us at legal@zaxme.com with any questions regarding this Agreement.