zazzi terms of use

1.0. Contractual Relationship

These Terms of Use (also referred to herein as the “Agreement”) are a legal binding agreement between Zazzi, LLC (the “Company”, “our”, “us” and “we”) and the users of the Zazzi application, website, technology platform, or any related services (collectively referred to as the “Services”). In consideration of your access or use of the Services, you acknowledge and agree to these terms and conditions (the “Terms of Use”). PLEASE READ THESE TERMS OF USE CAREFULLY IN THEIR ENTIRETY BEFORE USING THE SERVICES. BY USING OR OTHERWISE ACCESSING OUR SERVICES, YOU AGREE TO THE TERMS OF USE. IF YOU DO NOT ACCEPT THE TERMS OF USE OR ANY PROVISION HEREIN, YOU MAY NOT USE OR ACCESS THE SERVICES.

This Agreement may be changed by the Company at any time, whether you notice the changes or not. Your continued access or use of the Services after such posting confirms your consent to be bound by the Terms, as amended. If Zazzi changes these Terms after the date you first agreed to the Terms (or to any subsequent changes to these Terms), you may reject any such change by providing Zazzi written notice of such rejection within 30 days of the date such change became effective, as indicated in the “Effective” date above. This written notice must be provided either (a) by mail or hand delivery to our registered agent for service of process, c/o Zazzi, LLC (the name and current contact information for the registered agent are available HERE), or (b) by email from the email address associated with your Account to: hello@zazzi.app In order to be effective, the notice must include your full name and clearly indicate your intent to reject changes to these Terms. By rejecting changes, you are agreeing that you will continue to be bound by the provisions of these Terms as of the date you first agreed to the Terms (or to any subsequent changes to these Terms).

IMPORTANT: PLEASE REVIEW THE ARBITRATION AGREEMENT SET FORTH BELOW CAREFULLY, AS IT WILL REQUIRE YOU TO RESOLVE DISPUTES WITH ZAZZI ON AN INDIVIDUAL BASIS THROUGH FINAL AND BINDING ARBITRATION. BY ENTERING THIS AGREEMENT, YOU EXPRESSLY ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTAND ALL OF THE TERMS OF THIS AGREEMENT AND HAVE TAKEN TIME TO CONSIDER THE CONSEQUENCES OF THIS IMPORTANT DECISION.

2.0. Arbitration Agreement

You agree that you are required to resolve any claim that you may have against the Company on an individual basis in arbitration, as set forth in this Arbitration Agreement. This will preclude you from bringing any class, collective, or representative action against the Company, and also preclude you from participating in or recovering relief under any current or future class, collective, consolidated, or representative action brought against the Company by someone else. Agreement to Binding Arbitration Between You and the Company. You and the Company agree that any dispute, claim or controversy arising out of or relating to (a) these Terms or the existence, breach, termination, enforcement, interpretation or validity thereof, or (b) your access to or use of the Services at any time, whether before or after the date you agreed to the Terms, will be settled by binding arbitration between you and the Company, and not in a court of law. You acknowledge and agree that you and the Company are each waiving the right to a trial by jury or to participate as a plaintiff or class member in any purported class action or representative proceeding. Unless both you and the Company otherwise agree in writing, any arbitration will be conducted only on an individual basis and not in a class, collective, consolidated, or representative proceeding. However, you and the Company each retain the right to bring an individual action in small claims court and 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 party’s copyrights, trademarks, trade secrets, patents or other intellectual property rights.

2.1. Rules and Governing Law.

The arbitration will be administered by the American Arbitration Association (“AAA”) in accordance with the AAA’s Consumer Arbitration Rules and the Supplementary Procedures for Consumer-Related Disputes (the “AAA Rules”) then in effect, except as modified by this Arbitration Agreement. The AAA Rules are available at http://www.adr.org or by calling the AAA at 1-800-778-7879. The parties agree that the arbitrator (“Arbitrator”), and not any federal, state, or local court or agency, shall have exclusive authority to resolve any disputes relating to the interpretation, applicability, enforceability or formation of this Arbitration Agreement, including any claim that all or any part of this Arbitration Agreement is void or voidable. The Arbitrator shall also be responsible for determining all threshold arbitrability issues, including issues relating to whether the Terms are unconscionable or illusory and any defense to arbitration, including waiver, delay, laches, or estoppel. Notwithstanding any choice of law or other provision in the Terms, the parties agree and acknowledge that this Arbitration Agreement evidences a transaction involving interstate commerce and that the Federal Arbitration Act, 9 U.S.C. § 1 et seq. (“FAA”), will govern its interpretation and enforcement and proceedings pursuant thereto. It is the intent of the parties that the FAA and AAA Rules shall preempt all state laws to the fullest extent permitted by law. If the FAA and AAA Rules are found to not apply to any issue that arises under this Arbitration Agreement or the enforcement thereof, then that issue shall be resolved under the laws of the state of Hawaii.

2.2. Process.

A party who desires to initiate arbitration must provide the other party with a written Demand for Arbitration as specified in the AAA Rules. (The AAA provides a form Demand for Arbitration – Consumer Arbitration Rules at http://www.adr.org or by calling the AAA at 1-800-778-7879). The Arbitrator will be either (1) a retired judge or (2) an attorney specifically licensed to practice law in the state of California and will be selected by the parties from the AAA’s roster of consumer dispute arbitrators. If the parties are unable to agree upon an Arbitrator within seven (7) days of delivery of the Demand for Arbitration, then the AAA will appoint the Arbitrator in accordance with the AAA Rules.

2.3. Location and Procedure.

Unless you and the Company otherwise agree, the arbitration will be conducted in the county where you reside. If your claim does not exceed $10,000, then the arbitration will be conducted solely on the basis of documents you and the Company submit to the Arbitrator, unless you request a hearing or the Arbitrator determines that a hearing is necessary. If your claim exceeds $10,000, your right to a hearing will be determined by the AAA Rules. Subject to the AAA Rules, the Arbitrator will have the discretion to direct a reasonable exchange of information by the parties, consistent with the expedited nature of the arbitration.

2.4. Arbitrator’s Decision.

The Arbitrator will render an award within the time frame specified in the AAA Rules. Judgment on the arbitration award may be entered in any court having competent jurisdiction to do so. The Arbitrator may award declaratory or injunctive relief only in favor of the claimant and only to the extent necessary to provide relief warranted by the claimant’s individual claim. An Arbitrator’s decision shall be final and binding on all parties. An Arbitrator’s decision and judgment thereon shall have no precedential or collateral estoppel effect. If you prevail in arbitration you will be entitled to an award of attorneys’ fees and expenses, to the extent provided under applicable law. the Company will not seek, and hereby waives all rights the Company may have under applicable law to recover, attorneys’ fees and expenses if the Company prevails in arbitration.

2.5. Fees.

Your responsibility to pay any AAA filing, administrative and arbitration fees will be solely as set forth in the AAA Rules. If the Arbitrator finds that either the substance of your claim or the relief sought in your Demand for Arbitration was frivolous or was brought for an improper purpose (as measured by the standards set forth in Federal Rule of Civil Procedure 11(b)), you may be responsible to pay arbitration fees and the Company’s attorneys’ fees incurred in defending against your claim.

2.6. Changes.

Notwithstanding the provisions above, regarding consent to be bound by amendments to these Terms of Use, if the Company changes this Arbitration Agreement after the date you first agreed to the Terms of Use (or to any subsequent changes), you may reject any such change by providing the Company written notice of such rejection within 30 days of the date such change became effective, as indicated in the “Effective” date above. This written notice must be provided either (a) by mail or hand delivery to our registered agent for service of process, or (b) by email from the email address associated with your Account to hello@zazzi.app. In order to be effective, the notice must include your full name and clearly indicate your intent to reject changes to this Arbitration Agreement. By rejecting changes, you are agreeing that you will arbitrate any dispute between you and the Company in accordance with the provisions of this Arbitration Agreement as of the date you first agreed to the Terms of Use (or to any subsequent changes).

We hope there won’t be any problems and that you will reach out to us if you are having issues with our site, service, or products.

3.0. THE SERVICES

The Services comprise mobile applications and related services (each, an “Application” or “App”) which enables Clients (the “Clients”) who seek photography/videography services from photographers and videographers (the “Contractors”)to arrange and schedule the delivery of services and/or purchase certain goods, (the “Session”), including with third party providers of such services and goods (“Contractors). Registered users of the Services (the “Users”) utilize the Services as a marketplace for the said services and agree to comply with these Terms of Use.

The Services enable Users to arrange and schedule photography/videography services. As a User, you authorize the Company to match you with a Contractor or Client based on factors including but not limited to location, estimated time needed or available, User preferences, or to modify or cancel an existing match. Any decision by a User to offer or accept photography or videography services is made in a User’s sole discretion and constitutes a separate agreement between those persons. The Company grants you with a limited, non-transferable, non-exclusive license to use and access the Services, and any related content, data and information. The Company cannot and does not guarantee the availability of the Services at all times. You acknowledge that in order to protect the Services and their operation, the Company reserves the right at all times, to delay or deny any service if it perceives a risk of misconduct, fraud or illegal activity, in the Company’s sole discretion. The Services and all rights therein remain the Company’s property and nothing contained herein shall constitute a conveyance or grant of any rights in or to the Services or any of the Company’s intellectual property including but not limited to trade names, logos, trademarks or service marks.

3.1. Purpose and Nature of the Services

The contents of our Services, and the Services in general, are intended strictly for the purposes of (i) providing a platform for Contractors and Clients to post information about themselves, and (ii) facilitating the booking of such services for engagements to provide photography and videography services (collectively, “Services”). Selling or offering to sell any interest in real property, any personal property, or other tangible goods (as opposed to the photography or videography services) is not a Permitted Use of the Services and is strictly prohibited.

Zazzi is not and will not be a party to any contract or agreement between any Users or Contractors. Zazzi does not guarantee any results for Contractors, including bookings or revenue, from the use of its Services and disclaims any financial results. Any testimonials or reviews reflect the individual experience and efforts of Contractors and may not be typical. We do not guarantee that Contractors who supply services to clients as a result of introductions made through Zazzi will be paid for their services. Zazzi does not endorse, sanction or verify Contractors, and specifically disclaims responsibility or liability for any Contractor or User profiles. Individuals who communicate with Users or Contractors, whether through our app or Services, or separately, do so at their own risk.

3.2. Session Minimum.

Each session shall include a minimum of five still images or one video.

4.0. DISCLOSURES ABOUT YOU BY ZAZZI

Without limiting any of the foregoing, you agree that Zazzi may use or disclose information about you and your use of the Services in accordance with these Terms and our Privacy Policy, which is incorporated by reference herein. With respect to any information relating to other users of the Services to which you may be permitted access through the Services, you agree that you may use such information only in connection with activities related to the purpose of the Services, which activities, without limitation, shall not include (i) the sending of unsolicited communications of a commercial nature; (ii) the sending of any other communications after receiving notification that the recipient no longer wishes to receive communications from you; or (iii) the sale of such personal information to any other parties.

5.0. GUIDELINES FOR ALL USERS

Everyone who signs up for a Zazzi account is required to follow Zazzi’s Community Guidelines. They reflect the following pillars and the standards in each of these sections:

Treat everyone with respect

Our community is remarkably diverse and users are likely to encounter people who might not look like them or share their beliefs. The guidelines in this section help to foster positive interactions during every experience. Please respect those differences. We believe that everyone should feel supported and welcomed when they use the Zazzi app.

Users should treat fellow Zazzi app users as they would like to be treated: with respect. The actions users take while using the Zazzi app can have a big impact on the safety and comfort of others. Courtesy matters. That is why users are expected to exercise good judgment and behave decently towards other people when using the Zazzi app—just as they would in any public place.

For example, always try to be on time for sessions, because nobody likes to wait. It is also common courtesy to not shout or use profanity..

Help keep one another safe

We’re hard at work every day to help create safer experiences for everyone. The safety of our users drives us. That is why these standards were written. That is why we have created standards on physical contact, sexual assault and misconduct, rude behavior, unwanted contact, and discrimination.

Follow the law

We are committed to following all applicable laws and earning the Users’ trust, and we expect everyone who uses our app to do their part and adhere to applicable laws and regulations, as well as airport rules and regulations where applicable.

Property damage

Damaging property is never allowed. Some examples include damaging the cameras, drones, lenses or tripods used in the booked Zazzi sessions; breaking or vandalizing equipment. If you damage property, you will be responsible for the cost of cleaning and repair fees, outside of normal wear and tear.

Drugs and alcohol

Contractors shall not be under the influence of drugs or alcohol or any other substance that impairs their ability to offer competent professional services. Clients and Contractors both have the right to decline the services if they have safety concerns or believe the other party is not competent to properly contract services. If a client has reason to believe that the contractor may be under the influence of drugs or alcohol, they should end the session immediately, then report their experience to Zazzi. Contractors and Users should use their best judgment during sessions, recognizing the community guidelines explained here. Zazzi has the right to suspend or terminate access to the Services at any time, for any reason.

Weapons ban

Clients and their guests, as well as Contractors, are prohibited from carrying illegal weapons, of any kind, while using the Zazzi app, to the fullest extent permitted by applicable law.

Fraud

Deception can weaken trust and also be dangerous. Intentionally falsifying information or assuming someone else’s identity, for example when signing in or undergoing a security check, isn’t allowed. It is important to provide accurate information when reporting incidents, creating and accessing your accounts, disputing charges or fees, and requesting credits. Only request fees or refunds that are justified and use offers and promotions only as intended. Do not intentionally complete invalid transactions.

Fraudulent activity may also include, but not be limited to: deliberately increasing the duration of a session for fraudulent purposes; accepting booking requests without the intention to complete, including provoking Contractors to cancel for fraudulent purposes; creating dummy accounts for fraudulent purposes; claiming fraudulent fees or charges; intentionally requesting, accepting, or completing fraudulent or falsified bookings; claiming to complete a session without showing up; showing up for sessions but retaining all or a portion of the images or videos, and not delivering the entire batch; abusing promotions and/or not using them for their intended purpose; disputing charges for fraudulent or illegitimate reasons; or creating improper duplicate accounts.

Service animals

Contractors must provide services to anyone with a service animal. Please consult the most recent legal definitions of what constitutes a service animal in your jurisdiction. Please exercise reasonable caution when providing services around animals of any kind. Zazzi shall not be liable for any harm that comes to its users during sessions with animals, including wildlife photography.

Be alert

Outdoor sessions might require users to do their part to help keep themselves and others safe. This means keeping their eyes open, being well-rested, and watching out for situations that may require quick action in their environment.

Physical contact

Do not touch strangers or any persons met while using the Zazzi App. Hitting, hurting, or otherwise intending to hurt anyone is never allowed.

Sexual assault and misconduct

We all value our personal space and privacy. It is okay to chat with other people, but please do not comment on someone’s appearance or ask whether they are single. Sexual assault and sexual misconduct of any kind are prohibited. Sexual assault and misconduct refer to sexual contact or behavior without the explicit consent of the other person.

Personal space and privacy should be respected. The following list provides examples of inappropriate conduct.

Behavior and comments that could make people feel uncomfortable are not acceptable. Examples include nudges, whistles, and winks. Do not touch or flirt with people you do not know.
Certain conversations that could be perceived as harmless can be offensive. Do not comment on appearance, perceived gender identity, or sexual orientation. Refrain from asking unrelated personal questions, such as “Are you in a relationship?” Avoid discussing your own or someone else’s sex life, using explicit language, or making jokes about sex.
Zazzi has a no-sex rule. Sexual contact is prohibited while using the Zazzi app, including during a trip or delivery, regardless of whether you know the person or they give you their consent. This includes activities such as sexual intercourse, solicitation of sexual intercourse, masturbation, or touching and exposure of sexual body parts.

Threatening and rude behavior

Aggressive, confrontational, and harassing behavior is not allowed. Do not use language or make gestures that could be disrespectful, threatening, or inappropriate. It may be a good idea to stay away from personal topics that can potentially be divisive, like religion and political beliefs.

Unwanted contact

Contact should end when the contract is completed unless it is to return a lost item. For example, texting, calling, visiting, or trying to visit someone in person after a session has been completed is not allowed.

Discrimination

Users should always feel safe and welcome. That is why we do not tolerate conduct we have determined to be discriminatory. Do not discriminate against someone based on traits such as their age, color, disability, gender identity, marital status, national origin, race, religion, sex, sexual orientation, or any other characteristic protected under the relevant law.

For example, it is unacceptable to refuse to provide services based on characteristics like a person’s age, color, disability, gender identity, marital status, national origin, race, religion, sex, sexual orientation, or any other characteristic protected under the relevant law. It is also unacceptable to rate another user—whether they’re a client or contractor—based on these traits.

In addition, it is not acceptable to discriminate on the basis of a Client’s location. We understand how important it is to fit the Services around your life, rather than the other way around. It is not a violation of these guidelines to pass on a booking or session because it does not work for you. But intentionally refusing or canceling requests, or using features in the Zazzi app to avoid receiving booking requests, solely for the purpose of avoiding a particular neighborhood due to the characteristics of the people or businesses that are located in that area is not allowed.

We also want to help increase the service for Clients with disabilities. Contractors using the Zazzi app must comply with all relevant laws governing the offering of services to Clients with disabilities, including sessions with service animals.

Help keep one another safe

Everyone has a role to play in helping to create a safe environment. That’s why we have standards on account sharing, account holder age, and more.

6.0. Contractor Representations

By providing or offering to provide photograph/videography services as an Independent Contractor on the Services, you represent, warrant, and agree that:

You possess any required business or other appropriate licenses, approvals, permits, and authority to provide the services contemplated hereunder;
You will not engage in illegal or inappropriate behavior or be under the influence of alcohol or drugs in relation to your providing of services, or take action that harms or threatens to harm the safety of the Client, community or other persons;
You will not request or demand that a Client pay in cash, credit card or otherwise request or accept payment other than as provided in these Terms of Use;
You will not attempt to defraud any Users in connection with your provision of services;
You will not discriminate against Clients with disabilities and that you will review and act in accordance with federal, state or local law with regard to persons with disabilities;
You have not been convicted of any felony, misdemeanor or other crime other than minor traffic violations; you agree that the Company may obtain your criminal record to verify this information, and you agree to provide any necessary authorizations to facilitate the Company’s access to such records during the term of this Agreement;
You have a valid policy of liability insurance that covers you during your provision of any services;
You will pay all applicable federal, state and local taxes related to your provision of services or any payments received by you hereunder;
You will not engage in any activity in a manner that is inconsistent with your obligations under this Agreement.

6.1. Contractor’s Information

For ease of identification and selection, the Zazzi app gives Clients identifying information about the Contractor, including their images, name, phone number, email, category & niches, level of expertise, and equipment owned. Inaccurate or outdated information creates confusion among Contractors and Clients and can diminish their experience using the Zazzi app. Contractors should take bookings only using the posted information and should provide accurate information by updating your profile, portfolio, and or equipment documentation in case of any changes.

6.2. Use of cameras or other video or audio recording devices

Contractors may choose to install and use video cameras, or other recording devices to record sessions or otherwise for the purpose of fulfilling their services. Local law or regulations may require individuals using recording equipment to fully disclose to the Clients and any third parties that they are being recorded in or around the venue and obtain consent. Please check local regulations in your city to determine if these apply.

The use of a Client’s image, audio, or video recording is subject to the contract between Client and Contractor. Hidden cameras or live broadcasting without explicit permission from the Client, guests, or other individuals whose image and likeness is being recorded is prohibited.

6.3. Proper maintenance and upkeep

Contractors are expected to maintain their equipment in good operating condition. This means maintaining your equipment according to industry professional and maintenance standards.

Your Commitments. You agree that you will always use your Zazzi Account and the Services in compliance with these Terms, applicable law, and any other policies and standards provided to you by Zazzi. As a Contractor, you commit that you will provide great services with legally registered and insured companies, with equipment in good working condition, on time to the Client.

7.0. USER ACCOUNTS

7.1. Eligibility and Age Restrictions. In order to use Zazzi’s Site and other Services, you must be at least 18 years of age or the legal age to form a binding contract in your jurisdiction if that age is greater than 18 years of age. Individuals who are under the age of 18 or the legal age to form a binding contract in their jurisdiction (“Minors”) are prohibited from using the Services.

7.2. Registration. To access certain features of the App, you must sign up for an account with us (a “Zazzi Account”) by either providing us your email address and creating a password or connecting through an account with a third-party site or service (including Facebook and Google).

7.3. Account Accuracy. When you list or book a Service, you provide us with certain information about yourself to enable us to verify your identity in order to become a Contractor. You promise to provide complete and accurate information to Zazzi about yourself and your services, if applicable. Where permitted, Zazzi has the right, but not the obligation, to undertake screenings, checks, and processes designed to help verify or check the identities and/or backgrounds of users, including the Contractor’s license validity. Zazzi does not endorse any user, or a user’s background, or commit to undertake any specific screening process. Zazzi may in its sole discretion use third-party services to verify the information you provide to us and to obtain additional related information and corrections where applicable, and you hereby authorize Zazzi to request, receive, use, and store such information. Zazzi may accept or reject your application to become an Contractor in its sole and absolute discretion. Zazzi may, but does not commit to, undertake efforts to ensure the safety of equipment used through the App. We do not make any representations about, confirm or endorse the safety of any equipment beyond our policies that require Contractors to ensure their equipment is in safe and operable condition, legally registered to be used where applicable, not subject to any applicable safety issues, and otherwise satisfy our requirements.

In order to utilize the Services, you must register for and maintain an active personal User Services Account (the “Account”). You must be at least 18 years of age to register for an Account unless express notice is given otherwise in the Services. By registering for an Account, you expressly represent and warrant that: a) you confirm acceptance and agreement to these Terms of Use, and 2) that you are at least 18 years of age and have the full legal capacity to agree to these Terms of Use. Account registration requires you to submit to the Company your personal information, including but not limited to your name, address, mobile phone number, age, and at least one valid payment method. You agree to maintain accurate, complete, and up-to-date information in your Account. Failure to maintain accurate Account information may result in your inability to access or use the Services. You are solely responsible for all activity that occurs under your Account, and you agree to maintain the security and secrecy of your Account username and password at all times. Each User may only register for and possess one Account at any given time. You agree that the Company may contact you by telephone or text messages (including by an automatic telephone dialing system) at any of the phone numbers provided by you in connection with your Account, including for marketing purposes. You acknowledge that you are not required to provide this consent as a condition of purchasing any property, goods or services. You also understand that you may opt out of receiving text messages from the Company at any time, either by texting the word “STOP” using the mobile device that is receiving the messages or by contacting the Company at hello@zazzi.app. You are responsible for any fees to access the Services or send/receive messages.

The Company does not guarantee that the Services, or any portion thereof, will function on any particular hardware or devices. In addition, the Services may be subject to malfunctions and delays inherent in the use of the Internet and electronic communications. By registering as a User, you agree to provide us with current, accurate, and complete information about you as requested in the registration and verification process, and to keep such information updated at all times. You further agree that you will not use any Account other than your own, or access the Account of any other User at any time, or assist others in obtaining unauthorized access. You are solely responsible for maintaining the confidentiality of your Account information, including your password, and for all activity that is related to your Account. You agree to provide the Company with any requested information as necessary, and in the event of any suspicious activity related to your Account, the Company may suspend or freeze your Account pending review. You are obligated to comply with any security requests by the Company, or your Account will be terminated. You agree to notify the Company immediately of any unauthorized use of your Account or password, or any other breach of security by email addressed to hello@zazzi.app. You agree to receive business and transactional emails from the Company. Such emails will be canceled and discontinued upon your request using the “Unsubscribe” option presented in any such email, when applicable.

The Company shall provide a calendar feature allowing Contractors to enter their schedules to let Clients know when they are available. However, the Company will not be liable for any misunderstandings or wrong information provided as a result of this feature.

7.4. No Partnership, Agency, or Affiliation

Except only as expressly provided otherwise herein, by using the App you acknowledge and agree that Zazzi is not the partner, agent, joint venturer, or otherwise an affiliate of you, any contractor, or any other user of the app.

7.5. Registration and Membership of Users

Information provided to us in registering for the Services will be maintained and protected by us in accordance with these Terms and with the terms of our Privacy Policy.

Users shall not have more than one Account at any one time if they are part of the same affiliation, regardless of location or act name specified in the Account. Any Account may be terminated or redacted by Zazzi at any time, for any reason, and without notice. You hereby grant Zazzi permission to add content to your Account at our sole discretion by uploading content found on the website link that you post as your “Official Website” in order to increase the quality or presentation of your Account.

When you register to use our App, you will create a password and a user ID, which will provide you access to certain services and materials available through the Services unless revoked by us for any reason. You agree not to disclose your user ID and password to any third party. If at any time you believe that your user ID and/or password has been revealed to any other party, or otherwise compromised, you agree to notify us in writing immediately and to change your user ID and/or password immediately through the user control panel within our Services. You agree to be responsible for and to indemnify, defend and hold Zazzi, and its officers, directors, employees, agents, licensors, and suppliers, harmless from any injury, loss or damage we incur on account of any unauthorized use of your login name or password. You are solely responsible for maintaining the confidentiality of your user ID and password, and for any and all activities that are conducted by you or anyone else through your registered account.

7.6. Image Storage. Images shall be delivered from Contractor to the Client via the Services/App and will be available for download for 30 days after being uploaded to the Services. Zazzi is not responsible for storage of images after 30 days.

8.0. CONTENT OWNERSHIP

Unless otherwise noted, all copyrighted works, trademarks, service marks, trade dress, or other intellectual properties depicted in any texts, articles, images, illustrations, designs, icons, photographs, images, videos, sound clips, or any other materials as part of the Services (collectively, the “Content”) are owned, licensed by, used with permission, or otherwise lawfully used by Zazzi. The Services are protected by copyright, trademark, trade dress and other proprietary rights, with all worldwide right, title and interest owned and controlled by Zazzi. Unless otherwise noted, by using a third party’s trademark or trade name within our Services, Zazzi does not intend to suggest any affiliation with or endorsement of such third party or its products or services, and Zazzi hereby expressly disclaims any such affiliation or endorsement.

Users of the Services are individually responsible for negotiating and contracting the intellectual property terms of their sessions and are encouraged to use written documentation to clearly express the rights granted to Client and Contractors over the use, display, portfolio use, or other distribution of any image or video. Zazzi is not a party to any Contract between a Client and Contractor and is not liable for the breach or non-performance of either Party with regards to intellectual property terms. Contracts between Clients and Contractors cannot have any terms in conflict with the policies of Zazzi, including these Terms of Use and the Privacy Policy, as currently updated.

The Company, in its sole discretion, may permit the users from time to time to submit, upload, publish or otherwise make available to the Company through the Services textual, audio, and/or visual content and information, including commentary and feedback related to the Services, initiation of support requests, and submission of entries for competitions and promotions (“User Content”). Any Content provided by the User remains their property. However, by providing User Content to the Company, you grant the Company a worldwide, perpetual, irrevocable, transferable, royalty-free license, with the right to sublicense, to use, copy, modify, create derivative works of, distribute, publicly display, publicly perform, and otherwise exploit in any manner such User Content in all formats and distribution channels now known or hereafter devised (including in connection with the Services and the Company’s business and on third-party sites and services), without further notice to or consent from you, and without the requirement of payment to you or any other person or entity. You represent and warrant that: (i) you either are the sole and exclusive owner of all User Content or you have all rights, licenses, consents and releases necessary to grant the Company the license to the User Content as set forth above; and (ii) neither the User Content, nor your submission, uploading, publishing or otherwise making available of such User Content, nor the Company’s use of the User Content as permitted herein will infringe, misappropriate or violate a third party’s intellectual property or proprietary rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation. You agree to not provide User Content that is defamatory, libelous, hateful, violent, obscene, pornographic, unlawful, or otherwise offensive, as determined by the Company in its sole discretion, whether or not such material may be protected by law. The Company may, but shall not be obligated to, review, monitor, or remove User Content, at the Company’s sole discretion and at any time and for any reason, without notice to you.

9.0. COMMUNICATIONS

In order to contact you more efficiently, you agree that we may at times contact you using dialed calls or text messages at your telephone number(s). We may place such calls or texts primarily to confirm your signup; provide notices regarding your Zazzi Account or Zazzi Account activity; investigate or prevent fraud; collect a debt owed to us, or communicate urgent messages. We may share your phone number(s) with service providers with whom we contract to assist us in pursuing these interests. We will not share your phone number(s) with third parties for their own purposes without your consent. Standard telephone minutes and text and data charges may apply. Where Zazzi is required to obtain your consent for such communications, you may choose to revoke your consent.

You authorize Zazzi and its partners, without further notice or warning and in our discretion, to monitor or record telephone conversations you or anyone acting on your behalf has with Zazzi or its agents for quality control and training purposes. You acknowledge and understand that your communications with Zazzi may be overheard, monitored, or recorded without further notice or warning. If you do not wish to have your call recorded, please contact us instead in writing through hello@zazzi.app.

ONLINE CONDUCT

Failure to comply with the following provisions may result in immediate suspension or termination of your right to use the Services without refunding your membership fees. Zazzi reserves the right, in its sole discretion and in all instances, to determine whether you have or have not complied with any provision contained in these Terms. At all times when using or accessing the Services, you agree that:

You are solely responsible for the content or information you publish or display (hereinafter, “post”) on the Services or transmit to other users.
You will not post on the Services, or transmit to other users or Zazzi employees, any defamatory, inaccurate, abusive, obscene, profane, offensive sexually-oriented, threatening, harassing, racially offensive, or illegal material, or any material that infringes or violates another party’s rights (including, but not limited to, intellectual property rights, and rights of privacy and publicity). Please contact us in writing at hello@zazzi.app if you believe any material contained in the Services does not comply with the foregoing.
In using the Services to enter into any booking agreement or other contract of services (a “Contract”), whether you enter into such Contract as the Contractor providing the services or the Client, you will not include in the Contract any terms or conditions that are inconsistent with these Terms.
You will use the Services in a manner consistent with any and all applicable laws and regulations and will not use the Services to perform criminal activity of any sort, including but not limited to, money laundering, illegal gambling operations, terrorist financing, or malicious hacking;
You will not post any offensive or sexually suggestive references or post any photographs or other images containing nudity. Zazzi has the right but not the obligation, to remove without warning or refund any profile image that does not comply with these guidelines.
You will maintain current and accurate contact information on your profile, including at least one main image. We reserve the right to add any image or edit any information at any time.
You will not use methods to conceal the location from which you access the Services.
You will not falsify your identity or misrepresent yourself in any way on the Services or in your Zazzi Account nor may you transfer or sell your Account, password or identification, or any other User’s information to any other party.
You will not “stalk” or otherwise harass any person in any way, or carry any illegal weapons while using the Services.
You will not engage in advertising to, or solicitation of, other users to buy or sell any products or services through the Services, nor transmit any chain letters, spam or junk email to other users or to us.
You will not express or imply that any statements you make are endorsed by us, without our specific prior written consent.
You will not harvest or collect personal information about other Users or Contractors, whether or not for commercial purposes, without our written consent.
You will not use any robot, spider, site search/retrieval application, or other manual or automatic device or process to retrieve, index, “data mine”, “scrape” or in any way reproduce or circumvent the navigational structure or presentation of the Services or its contents.
You will not post, distribute or reproduce in any way any copyrighted material, trademarks, or other proprietary information without obtaining the prior consent of the owner of such proprietary rights.
You will not interfere with or disrupt our services or the Services, or the servers or networks connected to our services or the Services.
You will not post Html code except where instructed in any area of your profile within the Services.
You will not post, email or otherwise transmit any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any software, hardware or telecommunications equipment; nor will you attempt to disrupt, degrade, impair, or violate the integrity or security of the Services in any way (including, without limitation, “hacking,” “denial of service” attacks, and the like).
You will not forge headers or otherwise manipulate identifiers in order to disguise the origin of any information transmitted through the Service.
You will not “frame” or “mirror” any part of the Services, without our prior written authorization. You also shall not use meta tags or code or other devices containing any reference to https://zazzi.app or our Services in order to direct any person to any other website for any purpose.
You will not modify, copy, adapt, sublicense, translate, sell, reverse engineer, create derivative works from, decipher, decompile or otherwise disassemble any portion of the Services or any source code or other software used in or for the Services, nor will you cause, assist, or encourage others to do so.
You will not, for any reason, directly or indirectly submit a review to an Account with which you are affiliated. Reviews may only be posted by legitimate Clients who have booked you. You may dispute any review you feel to be fraudulent, but the removal of reviews is solely at our discretion. Posting any illegitimate review, whether on your own or on another user’s account, may result in your account’s immediate termination, at our discretion, without refund, and may also result in a permanent ban from the Services.
Users are required to keep all bookings and their associated communications on the Zazzi platform. We reserve the right to terminate any user account that attempts to complete a booking outside of Zazzi when that booking has originated from a Zazzi inquiry. Discouraging, suggesting, and/or preventing Clients from booking you through Zazzi is not permitted, and discouraging Clients from hiring other Zazzi Contractors is not permitted.
You will not re-sell or re-offer any lead you receive through Zazzi to another contractor, nor will you re-offer or post to any website any lead you receive through your relationship with the Services.
Zazzi has the right to temporarily suspend or permanently terminate the account of any user who posts contact information on their Zazzi Account. This contact information includes website URL links and addresses, email links and addresses, and telephone numbers. Contact information may not be posted in Account photos, in Account text, in Account audio/video samples, or in messages to prospective Clients.
You will respond fully, truthfully, and within three (3) business days to any request for information or other inquiry from Zazzi related to your or another user’s compliance with these Terms.

11.0. PAYMENT/CHARGES

11.1. Payment Policies. You understand that the use of the Services may result in charges to you for the services or goods you receive (“Charges”). The Company will receive and/or enable your payment of the applicable Charges for services or goods obtained through your use of the Services. Charges will be inclusive of applicable taxes where required by law. Charges may include other applicable fees or surcharges including a booking fee, processing fees for split payments or other required fees. All Charges and payments will be enabled by the Company using the preferred payment method designated in your Account, after which you will receive a receipt by email. If your primary Account payment method is determined to be expired, invalid or otherwise not able to be charged, you agree that the Company may use a secondary payment method in your Account, if available. Charges paid by you are final and non-refundable unless otherwise agreed by the Company. You represent and warrant that any and all of the personal information submitted as may be required, is accurate and authentic. Furthermore, you agree to update the Company with respect to any changes in or of the information submitted to the Company. Company may use or transfer your information to third-party service providers for the purpose of providing you with the Services under the Site or the improvement thereof.

11.2. Payment Details. Certain parts of the Site and Services may be accessed and used without charge. For use of certain other parts of our Site and Services, however, you are required to pay applicable fees which may change from time to time subject only to your right to terminate such Services in accordance with the terms thereof. Current fee information and Payment process shall be made available on the Site. All fees due from you to us are referred to herein as “Zazzi Fees.” All financial information addressed within the Services (including Zazzi Fees, session quotes, deposits, and/or any other various pricing information) is given in terms of US dollars for US users unless otherwise stated, and will be according to the terms and conditions in the terms of service of the payment service providers.

11.3. Cancellations and Payments. If the Client cancels before the 48-hour window before a booked session, the Client will receive a full refund minus service fees via Stripe. If a Client cancels within the 48-hour window before a scheduled session, the Client shall be responsible for 50% of the payment. If a Client books a scheduled session and does not show, the Client shall be responsible for the full price of the session.

12.0. DISCLAIMERS; LIMITATIONS OF LIABILITY; RELEASE; INDEMNIFICATIONS

12.1 General. THE SERVICES ARE PROVIDED ON “AS IS” AND “AS AVAILABLE” BASIS WITHOUT ANY REPRESENTATION OR WARRANTY, WHETHER EXPRESS, IMPLIED OR STATUTORY. COMPANY SPECIFICALLY DISCLAIMS ANY IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND/OR NON-INFRINGEMENT. COMPANY DOES NOT MAKE ANY REPRESENTATIONS OR WARRANTIES THAT YOUR ACCESS TO THE SERVICES, OR ANY PART OR MATERIALS MADE AVAILABLE THEREIN, WILL BE ERROR-FREE, CONTINUOUS, UNINTERRUPTED OR ACCURATE. IN NO EVENT WILL THE COMPANY, ITS AFFILIATES OR SERVICE PROVIDERS, OR ANY OF THEIR RESPECTIVE OFFICERS, DIRECTORS, AGENTS, JOINT VENTURERS, EMPLOYEES OR REPRESENTATIVES, BE LIABLE TO YOU OR ANYONE ON YOUR BEHALF, FOR ANY INDIRECT, SPECIAL, INCIDENTAL, INTANGIBLE, OR CONSEQUENTIAL DAMAGES, INCLUDING WITHOUT LIMITATIONS, LOSS OF REVENUES OR DATA, WHETHER BASED IN CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR OTHERWISE, ARISING OUT OF OR IN CONNECTION WITH AUTHORIZED OR UNAUTHORIZED USE OF THE COMPANY SITE OR SERVICES OR THESE TERMS OF USE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU.

The Company specifically makes no warranties, representations or guarantees regarding the time required to complete processing any request provided by you, including electronic debit or credit using credit cards, bank accounts or checks, which are dependent upon many factors outside of Company’s span of control. Zazzi makes no warranty regarding the quality of any listings, profiles, Contractors, photography expertise, portfolio accuracy, extras, or the Services, or any content or the accuracy, timeliness, truthfulness, completeness, or reliability of any content, data, or information obtained through the Services. No advice or information, whether oral or written, obtained from Zazzi website, Zazzi app, or its service providers or through the Services or content, will create any warranty not expressly made herein.

Company may suspend or terminate, with immediate effect, the operation of the Services in its discretion and shall not be liable for any loss, claim or action related to or connected with such suspension or termination or Release. Any disputes between you and any other User of the Services shall be exclusively resolved between you and such User, and you release the Company, its affiliates and each of their respective officers, directors, agents, joint ventures, employees and representatives from any and all claims, demands, and damages (actual and consequential) of every kind and nature arising out of or in any way connected with such disputes. Indemnifications. You agree to defend, indemnify and hold Company, its affiliates, employees, directors, representatives and Service Providers, and each of its or their respective officers, directors, agents, joint ventures, employees and representatives, harmless from any claim or demand (including attorneys’ fees, damages, costs, fines, fees or penalties) suffered by the Company, arising out of or related to (i) your access to or use of the Services; or (ii) your breach or violation of these Terms of Use; or (iii) any violation by you of any law, rule, regulation, or the rights of any third party.

12.2. Session liability. If Contractor cannot complete the session or deliver the images due to any cause or condition beyond Contractor’s reasonable control, including, but not limited to, any delay or failure due to any act of God, pandemic, acts of civil or military authorities, governmental order or mandate acts of terrorists, civil disturbance, war, strike or other labor dispute, fire, interruption in telecommunications or Internet services or network provider services, failure of equipment and/or software, including data loss, camera or media card malfunction or other catastrophe or any other occurrence which is beyond Contractor’s reasonable control, then Contractor shall not be liable for any amount in excess of the session payment.

13.0. ACCOUNT SHARING

Contractors must keep their profiles and communication accurate and transparent as to the exact identity of the photographer/videographer/service provider, including the use of any second shooters, assistants, stylists, or other personnel. Ultimate responsibility for delivery of the Services rests with the Contractor, including the delivery of any additional services like editing, touching-up, formatting, etc.

14.0. GUESTS

When offering services with Zazzi, no one other than the requesting client and the Client’s guests are permitted in the session. When booking with Zazzi, the account holder is responsible for the behavior of their entire party. If you request a session for another adult, you’re held responsible for their behavior during the session and the entire contract.

Assignment. You may not assign any rights and/or licenses granted under these Terms of Use. Company reserves the right to assign its rights herein without restriction these Terms of Use will bind and insure to the benefit of the parties, their successors and permitted assigns.

15.0. UPDATES.

You promise to update the information you have provided to Zazzi in the event of any changes to your license, contact information, or background. Specifically, with respect to your contact information, Zazzi may deliver notices to you at the most recent email, telephone, or address provided by you, and those notices will be considered valid even if you no longer maintain the email account, telephone number, or receive mail at that address unless you provide updated contact information to us. Also, you are, and will be solely responsible for, all of the activity that occurs through your Zazzi Account, so please keep your password and Zazzi Account information secure. You agree that you will not disclose your password to any third party and that you will take sole responsibility for any activities or actions under your Zazzi Account, whether or not you have authorized such activities or actions. You will immediately notify Zazzi of any actual or suspected unauthorized use of your Zazzi Account. We are not responsible for your failure to comply with this clause, or for any delay in shutting down or protecting your Zazzi Account after you have reported unauthorized access to us.

16.0. MISCELLANEOUS PROVISIONS

Entire Agreement. These Terms of Use incorporated by reference herein comprise the entire understanding and agreements between you and Company as to the subject matter hereof, and supersedes any and all prior discussions, agreements and understandings of any kind (including without limitation any prior versions of this agreement), and every nature between and among you and Company. Section headings in this Agreement are for convenience only, and shall not govern the meaning or interpretation of any provision of this Agreement.

Relationship of the Parties. Both you and the Company are independent contractors, and nothing in these Terms of Use shall be deemed to create between you and the Company an employer/employee or any other form of relationship. No joint venture, partnership, employment, or agency relationship exists between you, the Company as a result of this Agreement or your use of the Services. You are not authorized to make any obligations on behalf of the Company. All Users are responsible for paying any applicable local, state (provincial), and Federal taxes due from all compensation paid or earned from any activities related to the Services or this Agreement. You acknowledge that, at any time, the Company, in its sole discretion, will be entitled to terminate your use of or access to the Services.

Severability. If any provision of these Terms of Use shall be determined to be invalid or unenforceable under any rule, law or regulation or any governmental agency, local, state, or federal, such provision will be changed and interpreted to accomplish the objectives of the provision to the greatest extent possible under any applicable law and the validity or enforceability of any other provision of these Terms of Use shall not be affected.

Governing Law. These Terms of Use will be governed by laws of the state of Hawaii. Any dispute arising with respect to these Terms of Use will be exclusively submitted to confidential arbitration by the American Arbitration Association as set forth herein.

Force Majeure. Company shall not be liable for delays, failure in performance or interruption of service which results directly or indirectly from any cause or condition beyond its reasonable control, including, but not limited to, any delay or failure due to any act of God, pandemic, acts of civil or military authorities, governmental order or mandate acts of terrorists, civil disturbance, war, strike or other labor dispute, fire, interruption in telecommunications or Internet services or network provider services, failure of equipment and/or software, other catastrophe or any other occurrence which is beyond Company’s reasonable control and shall not affect the validity and enforceability of any remaining provisions.

Notice. Company may give notice by means of a general notice on the Services, email to your email address in your Account, or telephone or text message to any phone number provided in connection with your Account. You may give notice to the Company, with such notice deemed given when received by Company, at any time by one of two methods: 1) prepaid first class mail to our registered agent and 2) by email from the email address associated with your Account to hello@zazzi.app.

No Waiver. The company’s failure to enforce any right or provision in these Terms of Use shall not constitute a waiver of such right or provision unless expressly acknowledged and waived in writing by an authorized agent of the Company.

Links to Other Websites and Services. Zazzi does not control the availability or content of any outside websites, application, services, or resources (collectively, “third-party services”) to which the Services may link. Concerns regarding any such third-party services or links thereto should be directed to the particular outside third party service. Unless stated otherwise, Zazzi does not endorse, sanction, or verify third party services to which our Services link, and we or our users provide these links merely for the convenience of users of our Services. Access to such third-party services is at your own risk, and we disclaim all liability with regard to your access to such third-party services. In addition, we do not endorse, sanction, or verify third party services that link to our Services, even if any logo or mark of Zazzi is used as part of the link to our Services.