Terms of Use Last update 8 months ago

Terms of Use

The following Terms and Conditions ("Terms") outline the rules and guidelines for your use of the Zoshal platform. By accessing and utilizing the Zoshal website or mobile application (hereafter collectively referred to as the "Platform"), you agree to abide by these Terms. Please read them carefully before proceeding.

  1. Acceptance of Terms

1.1 By accessing or using the Platform, you acknowledge and agree to be bound by these Terms, as well as any other applicable laws and regulations governing your use of the Platform. If you do not agree to these Terms, you are prohibited from using the Platform.

  1. User Accounts

2.1 To access certain features of the Platform and engage in Content creation and transactions, you must register for a user account ("Account"). By creating an Account, you confirm that all the information you provide is accurate, complete, and up-to-date.

2.2 You are responsible for maintaining the confidentiality of your Account credentials and all activities that occur under your Account. If you suspect any unauthorized use of your Account, you must promptly notify us.

2.3 Zoshal reserves the right to suspend or terminate any Account at its sole discretion, especially in cases of suspected fraudulent or abusive behavior, violation of these Terms, or for any other reasons deemed necessary to safeguard the integrity of the Platform.

  1. Creator Obligations

3.1 As a Creator on the Platform, you agree to:

3.1.1 Provide accurate and honest information in your content listings;

3.1.2 Fulfill Content creation orders in a timely and professional manner, as specified in your listings;

3.1.3 Maintain open and transparent communication with buyers regarding the status and progress of their Content creation orders;

3.1.4 Ensure that your Content complies with all applicable laws and regulations and does not infringe upon the intellectual property rights of others;

3.1.5 Uphold the highest standards of professionalism, integrity, and creativity in your interactions with buyers and other users on the Platform.

  1. User-Generated Content

4.1 Zoshal operates as an intermediary platform that facilitates the exchange of creative services between Creators and buyers. All UGC, including Content creation listings, reviews, comments, messages, and other content uploaded or transmitted through the Platform, is the sole responsibility of the users who create and publish it.

4.2 By submitting UGC, you grant Zoshal a worldwide, royalty-free, perpetual, irrevocable, non-exclusive, transferable, and sublicensable license to use, reproduce, modify, adapt, publish, translate, distribute, and display the content for the purpose of operating, promoting, and improving the Platform.

4.3 You retain ownership of your UGC, and Zoshal does not claim any ownership rights in the content. However, by using the Platform, you acknowledge and agree that other users may access and use your UGC in accordance with these Terms.

4.4 Zoshal reserves the right to remove or disable any UGC that violates these Terms or is deemed inappropriate, offensive, or harmful to the Platform's community.

  1. Content Creation and Transactions

5.1 As a Creator, you can offer various Content creation services ("Creations") on the Platform, each with its specifications, pricing, and delivery timeframes.

5.2 Buyers may purchase your Creations, and all transactions are conducted through the Platform's secure payment processing system.

5.3 You, as a Creator, agree to deliver the purchased Creations as described in your listings, and you must communicate with buyers to ensure clarity and satisfaction throughout the process.

5.4 As a buyer, you agree to provide accurate information and complete payment for the purchased Creations. Upon completion of a transaction, you acknowledge that the Creator will deliver the ordered Content, and no refund will be issued unless otherwise specified in these Terms.

  1. Fees and Payments

6.1 Creating an Account and browsing the Platform is free of charge. Zoshal charges Creators a fee based on a percentage of the total transaction amount for completed orders.

6.2 All payments are processed through secure third-party payment gateways. By using the Platform, you agree to pay the fees associated with your use of the Platform and any applicable taxes.

6.3 Zoshal reserves the right to modify its fee structure at any time, and any changes will be communicated to users with reasonable notice.

  1. Disputes and Resolution

7.1 In the event of disputes between Creators and buyers, Zoshal offers a dispute resolution process to facilitate communication and reach a fair resolution.

7.2 Both Creators and buyers are required to cooperate in good faith during the dispute resolution process and provide all necessary evidence to support their claims.

7.3 Zoshal retains the right to make a final decision regarding the outcome of a dispute, and both parties agree to abide by this decision.

  1. Intellectual Property

8.1 Zoshal and its licensors retain all rights, title, and interest in and to the Platform, including all content, software, and intellectual property associated with it.

8.2 You agree not to use any trademarks, logos, or copyrighted materials belonging to Zoshal without obtaining prior written consent from Zoshal.

  1. Termination

9.1 Zoshal reserves the right to suspend or terminate your access to the Platform at any time, without notice, for any reason or no reason, including, but not limited to, violation of these Terms.

9.2 Upon termination, you agree to cease all use of the Platform, and Zoshal may delete or retain your Account and UGC, subject to our Privacy Policy.

  1. Privacy Policy

10.1 By using the Platform, you acknowledge and agree to our Privacy Policy, which outlines how we collect, use, and protect your personal information.

  1. Limitation of Liability

11.1 Zoshal provides the Platform on an "as is" and "as available" basis. While we strive to maintain the highest level of service, we do not guarantee the continuous operation of the Platform or its availability at all times.

11.2 In no event shall Zoshal or its affiliates be liable for any direct, indirect, incidental, special, or consequential damages resulting from your use or inability to use the Platform, including but not limited to lost profits, data loss, or business interruption.

11.3 Some jurisdictions do not allow the exclusion or limitation of certain warranties or liability for consequential or incidental damages, so the above limitations may not apply to you.

  1. Indemnification

12.1 You agree to defend, indemnify, and hold harmless Zoshal and its affiliates, officers, directors, employees, and agents from and against any and all claims, liabilities, damages, losses, or expenses, including attorneys' fees and costs, arising out of or in any way connected with your use of the Platform or violation of these Terms.

  1. Modifications to Terms

13.1 Zoshal reserves the right to modify these Terms at any time, and any changes will be effective upon posting on the Platform. Your continued use of the Platform after the posting of revised Terms signifies your acceptance of the modified Terms.

  1. Governing Law and Jurisdiction

14.1 These Terms shall be governed by and construed in accordance with the laws of [Jurisdiction], without regard to its conflict of laws principles.

14.2 Any disputes arising from these Terms or your use of the Platform shall be subject to the exclusive jurisdiction of the courts located in [Jurisdiction].

  1. Entire Agreement

15.1 These Terms constitute the entire agreement between you and Zoshal with respect to your use of the Platform, superseding any prior agreements or understandings.

If you have any questions or concerns regarding these Terms, please contact us at [Contact Email].

Thank you for using Zoshal! We hope you have a pleasant and fruitful experience on our platform.