Introduction. Mission. Subsidiaries and Partners TERMS OF USE. To Our valued customers and visitors,

Transcription

1 TERMS OF USE Introduction To Our valued customers and visitors, This agreement is our Terms of Use and governs our business relationship with you. It is a legal agreement between us, and we ask that you read these terms prior to using or accessing our website. If you disagree with these terms, or are under the age of eighteen (18), please do not use or access our website. Mission Zohar Entertainment Group Ltd is an entertainment and educational group duly registered in U.K. through the Company s House. It is our mission to provide a single platform where individuals from around the globe who have common interests in U.F.O.s, paranormal activity, and spiritual mindedness to come together to share thoughts, ideas, and information. Through this website, visitors and users will be able to access: information; webinars; live events; live-streamed events; shows; online advertising; books; magazines; land tours and sea cruises, film festival, subscription free educational and entertainment related videos, audio and newsletters. Our first inaugural event is scheduled for the fall of 2016, which will be a livestreamed event featuring one or more internationally recognized guest-speakers. Tickets for these events will be provided exclusively through our website, and/or a third party service provider. Subsidiaries and Partners Zohar Entertainment Group Ltd, owns, operates or is affiliated with the following affiliates and partners: Zohar Star Gate TV; Stellar Citizen Award (SCAward); Light Worker Extraordinaire Award (LWEAward); Zohar Stellar Tours; Zohar Galatic Film Festival; and Stellar Data Base ( iupod & imbsd)

2 TABLE OF CONTENTS Section Definitions Access & Usage Accounts & Registration Professional Profiles Termination & Cancellation of Accounts Payments Refunds and Returns Customer Service License and Content Disclaimer Rules and Conduct Third Party Websites Indemnification Limited Liability Force Majeure Disputes Miscellaneous Choice of Law Contact I II III IV V VI VII VIII IX X XI XII XIII XIV XV XVI XVII XVIII

3 I. DEFINITIONS For your ease of use and understanding, the following terms are used throughout this Agreement. Zoharstargate.com is wholly owned subsidiary of Zohar Entertainment Group, Ltd., a duly registered U.K. Limited Company, and shall be synonymous with company, we, us, and/or our ; Client shall have the same meaning as user, visitor, you or your ; and Terms of Service has the same meaning as agreement. Client, User, or Company may be collectively used as parties. Content includes without limitation: text, pictures, video, audio, illustrations, any recorded media (i.e. digital), services and/or products, and is never to be construed as advice of any kind. II. USING AND ACCESSING OUR WEBSITE When you register, use, or order products and services from our website, you agree to all of these terms and conditions. Other rules and policies supplement this agreement, such as our Privacy Policy, which can be found: Privacy Policy. Our Privacy Policy, which explains what information we collect from you, and how we use that information. We will make our rules, policies, and procedures available on our website from time-to -time. We reserve the right to amend our Terms of Service at any time, which will be uploaded and published to our website with effective date, and these Terms apply to all users and visitors of our website. III. ACCOUNTS AND REGISTRATION Users can browse and display our website, but to order products or services, you will be required to register for an account. When a user registers for an account, they warrant or promise that they are: (1) Over the age of eighteen; and (2) Providing us with truthful and complete registration information, such as their name; user name; address; password; and contact information. Users understand that it is their responsibility to keep their login information safe, and personal profile up-to-date. You must notify us immediately in writing through , if you believe your account has been hacked; there is unauthorized activity on your account; or you believe your account security has been breached. You can contact our customer service department at: info@zoharstargate.com

4 Only one account is allowed per user. You understand that you may not: create an account for anyone without their permission; impersonate someone else; use someone s login information without permission; or use a name that would be considered offensive, vulgar, or obscene. Our company reserves the right to refuse registration of any account. Our company also reserves the right to refuse service to any person. Users are responsible to make sure that these Terms comply with all local laws, which apply to them. IV. PROFESSIONAL PROFILES As part of our mission to bring people together who have common interests in U.F.O. and paranormal activity, mind body spirit, alternative and holistic fields, we will be providing an extensive database of authors, movie producers, entertainers, and others through an extensive, user-friendly database. Service providers will be required to provide verifiable contact information in order to protect our users and visitors. Some of the information we collect from service provider is: name, , contact information, address, and country. Any service provider that submits inaccurate or false information to our company will have their account automatically terminated. In addition, service providers and vendors that wish to have their account cancelled may contact our customer service department at: imbsdmembership@zoharstargate.com or iupodmembership@zoharstargat.com Please allow for up to seventy-two hours for termination. V. USER TERMINATION AND CANCELLATION Users can contact our Customer Service Department to cancel or terminate their account at any time. If at any time it is discovered that a user of our website has provided false or misleading information; has improperly accessed another user s account; or has violated our Terms of Use, their account will be automatically terminated, with or without notice. All provisions of these Terms of Use, which by their nature should survive termination, shall survive termination, including, without limitation, intellectual property provisions, warranty disclaimers, indemnity, limitations of liability, disputes, and choice of law stipulations. VI. PAYMENTS Payments made through our website shall be processed either by PayPal or our payment processor details of which you will find at the time of making a purchase, made payable to Zohar Entertainment Group, Ltd. Additional processing fees may apply.

5 We accept all major credit cards and debit cards for payment of products and services. You understand that you are also financially liable for charge backs and any associated fees, in the event your financial institution cancels or refuses payment. In that event, we may terminate your account and our relationship. VII. REFUNDS AND RETURNS Our company will assess returns and refunds for purchases made through our website on a case-by-case basis. If a customer has made a purchase from a vendor or service provider through our database, then the customer must work with the vendor, and follow their policies in order to receive a refund. Tickets for live streaming entertainment or live events are non-refundable, unless the event is cancelled due to Force Majeure. (see our Force Majeure clause). In the event of Force Majeure, the client will receive a full-refund via the original payment method used less any processing fees. Customers who have a billing question regarding any purchases made through our database should contact the original vendor. If you have billing questions regarding purchases processed through Zoharstargate.com, customers are encouraged to contact us in writing via at: sales@zoharstargate.com VIII. CUSTOMER SERVICE If at any time you need to contact us about: products or services located on our website; the status of an order; your account; or account security; you can our Customer Service Department at: info@zoharstargate.com Please allow hours via local time to receive a response. You may also call us during normal business hours at: Opening Hours: Mon Fri, am 5.00 pm GMT Office: +44 (0) IX. LICENSE AND CONTENT DISCLAIMER All information provided on our website is for educational and informational purposes only, to be used for your own personal use. Content is never to be construed as advice of any kind, nor does the content represent our company s views and beliefs. Any material or content you

6 access, view, or display from our website is at your own risk, and you agree not to hold our company, owners, employees, staff, affiliates, or vendors, liable for any content at any time. We grant each user of our website a worldwide, non-exclusive, non-sublicensable and nontransferable license to use, copy, and reproduce the content found on our website for their own personal, non-commercial use. Any other use is prohibited without our written permission. You understand that any content you access on our website is at your own risk, and you accept personal responsibility and liability for any damages or losses either you or any third party incurs. You understand that our company retains all original rights, title, and interest to our own content which is protected by copyright, trademark, service mark, patent laws., and this agreement does not grant you any rights of ownership. You agree not to infringe upon or violate our rights, and to comply with any copyright notices or restrictions contained in our website. X. RULES AND CONDUCT Users agree not to use our website, or services for any improper, illegal, unethical, or prohibited purpose. We have a zero tolerance policy against: harassment, bullying, obscenities, pornography, bigotry and violence. Such activity is strictly prohibited. You must not use this website in any way that causes, or may cause, damage to our website or impairment of the availability or accessibility of the website; or any way which is unlawful, illegal, fraudulent or harmful, or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity. This clause is strictly enforced and any user who violates this provision will have their account automatically terminated without notice. You understand that our website must not be used to copy, store, host, transmit, send, use, publish or distribute any code, material, or content which may contain or is linked to: spyware; malware; viruses; a Trojan horse; worm; or any other malicious computer software. You also understand that systematic or automated data collection activities, including but not limited to scraping; data mining; or any kind of data extraction is strictly prohibited. XI. THIRD PARTY SITES WEBSITES

7 Our website and database will permit you to link to other websites, services, or third party websites on the internet. Users understand that when they access or view third party websites, it is done at their own risk. Therefore, you acknowledge and agree that we have no control over third party websites, and that we are not responsible or liable, directly or indirectly, for any damages or losses you or any third party may incur from accessing or viewing a third party website. XII. INDEMNIFICATION You agree to defend, indemnify, and hold our company harmless, in addition to our company s owners, employees, staff, affiliates, agents, and representatives from any and all losses, costs, actions, claims, damages, expenses (including but not limited to legal costs and fees), or liabilities, that arise from or relate to your use or misuse of, or access to our website, service, products, content, URL, links, or your violation of these Terms of Use. We reserve the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you agree to assist and cooperate with our company in asserting any available defenses. XIII. LIMITED LIABILITY OUR WEBSITE AND CONTENT ARE PROVIDED "AS IS" WITHOUT REPRESENTATION, WARRANTY OR CONDITION OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED REPRESENTATIONS, WARRANTIES OR CONDITIONS OF MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE. ZOHAR ENTERTAINMENT GROUP LTD, DOES NOT REPRESENT OR WARRANT THAT OUR WEBSITE OR ITS CONTENTS WILL MEET YOUR REQUIREMENTS OR THAT THEIR USE WILL BE UNINTERRUPTED OR ERROR FREE. You agree to release our company; owners; employees; staff; affiliates; partners; and agents; from any and all liability or claims as a result from accessing or obtaining content through our website. We make no warranty or representation concerning any content contained in, or accessed through our website or services, and we will not be responsible or liable for the accuracy, copyright compliance, legality or decency of material contained in or accessed.

8 XIV. FORCE MAJEURE. Neither Party shall be held liable for, or considered to be in Breach of, or default under this Agreement, on account of any delay or failure to perform as required by this Agreement as a result of any causes or conditions that are beyond the reasonable control of either Party. If any force majeure event occurs, the affected Party will give prompt written notice to the other Party. For purposes of this Agreement, Force Majeure includes and is not limited to: fire, earthquake, tornado, flood, cancellation of commercial air travel, vandalism, theft, or any other casualty or act of God, strike, lockout, war, riot or other civil disturbance. XV. DISPUTES If the parties to this Agreement have a dispute at any time regarding these Terms of Use, including but not limited to: intellectual property, or billing questions; they agree to attempt to resolve the dispute in a professional and business-like manner. If they are unable to resolve the dispute, the parties agree to Mediation which shall be processed and resolved by a third party Mediator located in London, England, with the parties agreeing to share the cost and choice the Mediator. The prevailing party shall be entitled to reimbursement of any and all costs and fees, including but not limited to attorney s fees. Absent Mediation, the exclusive venue and jurisdiction for any and all disputes shall be the Courts located in the U.K. XVI. MISCELLANEOUS Severability. If any provision of this Agreement is deemed unenforceable, or invalid, the unenforceable or invalid provision shall be deemed modified to the least extent necessary to become legal and enforceable and no other provisions affected thereby. Assignment/Modification. The parties agree that these Terms may not be assigned, transferred, changed, nor modified, unless with the prior written consent of Zohar Entertainment Group Ltd, U.K. Entire Agreement. This Agreement contains the entire understanding between the Parties with respect to the subject matter stated herein and supersedes any and all prior communications, either written or oral, regarding these Terms of Use.

9 XVII. GOVERNING LAW These Terms of Use shall be governed by and construed in accordance with the laws of Great Britain, United Kingdom (U.K.), excluding its conflicts of law provisions, or C.I.S.G. (U.N. Convention for the International Sale of Goods and Services). XVIII. CONTACT Zohar Entertainment Group Ltd c/o 20A High Street, Glastonbury, Somerset, BA6 8RR UK Effective Date: March 30, 2016