Terms and conditions

Terms of Service

Zuta owns and operates www.shopzuta.com , mobile applications, and any other linked and related pages, content, features, products, software, and tools offered by Zuta.

By accessing or using any of our Services, you agree to be bound by these terms and conditions (the “Terms of Service”), and Zuta’s privacy policy. Your use of the Services is expressly conditioned upon your assent to all of the terms and conditions of this Agreement, including the arbitration clause and class action waiver described in Section 19 below to resolve any disputes with Zuta (except for matters that may be taken to small-claims court). If you do not agree to any of these terms and conditions, then please do not use our Services.

1.OVERVIEW

Zuta receives a commission for selling retailer products and will promote and market these products as it sees fit.

2. ELIGIBILITY CRITERIA

You must be 18 years or older to use our Services.  This Agreement is void where prohibited by law, and the right to access and use the Services is revoked in such jurisdictions.

By accessing the Services, you represent and warrant to Zuta that: (i) you are an individual (i.e., not a corporation) at least 18 years old; (ii) you are of legal age to form a binding contract; (ii) all registration information you submit is accurate and truthful and you will maintain the accuracy of such information; (iv) you are legally permitted to use and access the Services and take full responsibility for your access, selection and use of the Services.

3.REGISTRATION FOR ZUTA SERVICES

You may be required to create a Zuta account (“Account”) by registering and selecting a password and username to use certain Services. You may not select or use an Account belonging to another person. Each individual person is limited to one Account. You shall provide Zuta with accurate, complete, and updated registration information. You shall be responsible for maintaining the confidentiality of your password. Any failure to comply with this provision may result in immediate termination of your account. Zuta reserves the right to refuse registration of, or cancel a Zuta User ID in its discretion.

4.MODIFICATION OF TERMS

Zuta reserves the right, in its sole discretion, to modify the Terms of Service at any time by posting a notice on the Zuta website, or by sending you a notice via email. You shall be responsible for reviewing and becoming familiar with any such modifications. Use of the Service by you following such notice constitutes your acceptance of the terms and conditions of the Terms of Service as modified.

5. USER OF ZUTA SERVICES

In the course of using the Zuta Services, you and other users may provide content or information which may be used by Zuta in connection with the Services and which may be visible to certain other users. By using the shopzuta site, you hereby grant to (i) Zuta a non-exclusive, worldwide, royalty free, perpetual, irrevocable, sublicense able, transferable right to fully exploit (including without limitation, reformatting, modifying, creating derivative works of, and translate) such User Submissions (including all related intellectual property rights) in connection with the Services and Zuta’s (and its successors’ and assigns’) business, including without limitation for promoting and redistributing part or all of the Services (or any derivative works thereof) in any media formats and through any media channels, and to allow others to do so; and (ii) each user of the Services a non-exclusive license to access your User Submissions through the Services, and to use, modify, reproduce, distribute, prepare derivative works of, display, and perform such User Submissions as permitted through the functionality of the Services and under this Agreement.

The foregoing license grant to Zuta does not affect your ownership of or right to grant additional non-exclusive licensees to the material in your User Submissions, unless otherwise agreed in writing. You, not Zuta, remain solely responsible for all User Submissions that you upload, post, email, transmit, or otherwise disseminate using, or in connection with, the Services, and you warrant that you possess all rights necessary to provide such content to Zuta and to grant Zuta the rights to use such information in connection with the Services and as otherwise provided herein.

You understand that all information publicly posted or privately transmitted through the Services is the sole responsibility of the person from which such content originated and that Zuta will not be liable for any errors or omissions in any such content. You understand that Zuta cannot guarantee the identity of any other users with whom you may interact in the course of using the Services. Additionally, Zuta cannot guarantee the authenticity of any data, which users may provide about themselves. You acknowledge that all Content and User Submissions accessed by you using the Services is at your own risk and you will be solely responsible for any damage or loss to any party resulting therefrom.

6. CONTENT

Copyrights. All materials displayed or performed on the Services, including, but not limited to text, blogs, graphics, articles, photographs, images, illustrations video, and User Submissions (also known as the “Content”), are protected by copyright. You shall abide by all copyright notices, trademark rules, information, and restrictions contained in any Content accessed through the Services, and shall not use, copy reproduce, modify translate, publish, broadcast, transmit, distribute, perform, upload, display, license, sell or otherwise exploit for any purposes whatsoever any Content or other proprietary rights not owned by you, (i) without the express prior written consent of Zuta or the respective owners, and (ii) in any way that violates any third party right. The Services are protected by copyright as collective works and/or compilations, pursuant to UK. copyright laws, international conventions, and other intellectual property laws. You may not modify, publish, transmit, participate in the transfer or sale of, reproduce (except as expressly provided in this Agreement), create derivative works based on, distribute, perform, display, or in any way exploit, any of the Content, software, materials, or Services in whole or in part.

Objectionable or Illegal Content. You agree that you will not use the Services to send or post Content of any kind or nature that is unlawful, harassing, libelous, defamatory, abusive, threatening, harmful, vulgar, obscene, profane (unless such use is warranted within the topic area of a particular message board, as determined by Zuta in its sole discretion), racially offensive, inaccurate, or otherwise objectionable material or that encourages conduct that could constitute a criminal offense, give rise to civil liability or otherwise violate any applicable local, state, federal or international law or regulation. You agree not to use the Services to distribute or send any illegal Content of any kind. Posting illegal Content or participating in any form of discussion with the intention to commit any illegal activity is strictly prohibited.

Company’s Right to Remove Content. Zuta reserves the right to remove any Content from the Services at any time, for any reason or no reason in its sole discretion.

7. Zuta INTELLECTUAL PROPERTY AND LIMITED LICENSES

The technology and the software underlying our Services is the exclusive property of Zuta. Subject to your compliance with this Agreement, Zuta grants you a limited, non-exclusive, non-transferable, non-sublicenseable, revocable license to access and make personal and non-commercial use of the Services, and any software underlying our Services solely to use the Services, as provided by Zuta in accordance with this Agreement. This license does not include any resale or commercial use of any Services or any Content. You shall not copy, modify, rent, lease, loan, sell, assign, distribute, reverse engineer, grant a security interest in, or otherwise transfer any right to the technology or software underlying our Services. You agree not to use modified versions of any software underlying our Service, including without limitation, for the purpose of obtaining unauthorized access to our sites or applications. You may not use any of our Services for any illegal purpose.

All rights in the product names, company names, trade names, logos, service marks, trade dress, slogans, product packaging, and designs of Zuta, its affiliates, or third-party products or services, whether or not appearing with a trademark symbol, belong exclusively to Zuta or their respective owners, and are protected from reproduction, imitation, dilution, or confusing or misleading uses under national and international trademark and copyright laws.  You are prohibited from bidding on keywords containing “Zuta” or other similar words or marks, including, but not limited to, misspellings thereof, for the purpose of driving traffic to your pages. The use or misuse of these trademarks or any materials containing the trademarks, except as permitted herein, is expressly prohibited, and nothing stated or implied on the Services confers on you any license or right under any patent or trademark of Zuta, its affiliates, or any third party.

All rights not expressly granted under this Agreement are reserved by Zuta and/or its licensors.

8. YOUR REPRESENTATIONS AND WARRANTIES

You warrant, represent and agree that you will not use the Services or contribute any User Submissions (including, without limitation, anything in connection with your blog(s)) in a manner that (i) infringes or violates the intellectual property rights or proprietary rights, or rights of publicity or privacy, or other rights of any third party or misappropriate the trade secrets of any third party in connection with your use of the Services; (ii) violates any law, statute, rule, ordinance or regulation or otherwise constitutes manipulative or misleading activity; (iii) violates any other agreement you have with, or any obligations to, any third party; (iv) is harmful, fraudulent, deceptive, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, libelous, or otherwise objectionable; (v) misrepresents the source or identity of any content; (vi) involves commercial activities and/or sales without Zuta’s prior written consent such as contests, sweepstakes, barter, advertising, or pyramid schemes; (vii) uploads, installs, constitutes, or embeds malware, virus, worms, Trojan horses, or other harmful content or code; or (viii) impersonates, or falsely indicates an affiliation with, any person or entity, including, without limitation, any employee or representative of Zuta.

9. RESTRICTIONS AND OTHER PROHIBITED ACTIVITIES

You agree that you will not, and will not permit others to: (i) damage, interfere with or unreasonably overload the Services; (ii) introduce any code intended to disrupt the Services; (iii) alter or delete any information, data, text, links, images, software, chat, communications and other Content of the Services; (iv) access the Services by expert system, electronic agent, “bot” or other automated means; (v) use scripts or disguised redirects to derive financial benefit from Zuta; (vi) use the manual or automated software, devices, or other processes to “crawl” or “spider” or index any page or Content of the Services; (vii) modify, reverse engineer, reverse assemble, decompile, copy or otherwise derive the source code of the Services; (viii) rent, sell or sublicense any of the Services; (ix) provide any unauthorized third party with access to the Services; (ix) access or attempt to access confidential information through the Services; (x) interfere with the operation of the Services, including, but not limited to, distribution of unsolicited advertising or mail messages and propagation of computer worms and viruses; (xi) post or transmit, or cause to be posted or transmitted, any communication or solicitation designed or intended to obtain password, account, or private information from any Zuta user; (xii) use the Services to violate the security of any computer network, crack passwords or security encryption codes, transfer or store illegal material including that are deemed threatening or obscene; and (xiii) remove, obscure, or alter any notices or links (e.g., links to Zuta’s Privacy Policy and Terms of Service) on the Services or any of the features or tools or other Services.

Any violation of this Agreement, including, but not limited to the above may be grounds for termination of your right to access or use the Services. Zuta reserves the right to take appropriate legal action, including, without limitation, referral to law enforcement, for any use that Zuta deems in its sole discretion to be an illegal or unauthorized use of the Services. Zuta will cooperate fully with any law enforcement officials and/or agencies in the investigation of any person(s) who violate the terms of this Agreement.

10. INTERNATIONAL USE; EXPORT CONTROLS

The Services are offered by Zuta from its facilities in the United Kingdom. Zuta makes no representations that the Services are appropriate or available for use in other locations. Users who access or use the Services from other jurisdictions do so at their own volition and are responsible for compliance with local laws. Software available in connection with the Services and the transmission of applicable data, if any, is subject to UK export control laws. No software may be downloaded from the Services or otherwise exported or re-exported in violation of the export control laws of the UK.

11. DISCLAIMER OF WARRANTIES

THE SERVICES AND CONTENT ARE PROVIDED “AS IS” AND “AS AVAILABLE” AND WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. WE MAKE NO WARRANTY AS TO THE QUALITY, ACCURACY, CURRENTNESS, COMPLETENESS, RELIABILITY OR VALIDITY, INCLUDING, WITHOUT LIMITATION, ANY PRODUCT SEARCH RESULTS, PRODUCT DESCRIPTIONS, PRODUCT AVAILABILITY, PRICING INFORMATION ADVICE, OPINION, STATEMENT, RECOMMENDATIONS, OR OTHER INFORMATION DISPLAYED, UPLOADED, OR DISTRIBUTED IN CONNECTION WITH THE SERVICE. Zuta DOES NOT WARRANT THAT THE FUNCTIONALITY OF THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THEY WILL BE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. FURTHER, Zuta DOES NOT WARRANT, GUARANTEE OR MAKE ANY REPRESENTATIONS REGARDING THE CONTENT, THE QUALITY OF, OR ACCURACY OF ADVERTISEMENTS OR OF ANY PRODUCTS OR SERVICES OFFERED OR PROVIDED BY ITS RETAILERS IN CONNECTION WITH THE SERVICES.

Without limiting the generality of the foregoing, Zuta makes no representations or warranties regarding the accuracy of descriptions displayed anywhere on the Services, or regarding suggestions or recommendations of services or products offered or purchased through the Services (including, without limitation, the actual size, quality, color, texture, or results of use of such products or services). Zuta displays suggested retail prices for goods offered on the Services based on pricing information provided by vendors, retailers, and manufacturers, and we make no promises about the reliability or accuracy of any such information listed on the Zuta website.

12. PRIVACY

For information regarding Zuta’s treatment of personal information, please review our current Privacy Policy.

13. ELECTRONIC COMMUNICATIONS

We may communicate with you regarding the Services by electronic communications or direct mail using the information you provide to us when you sign for an Account, contact us through our support services, or provide us your email to receive marketing communications. We may send you periodic communications that are service related, such as information impacting your Account, as well as periodic shopping-related emails that highlight offers or promotions from Zuta or Zuta Retailers. Your consent to receive electronic communications includes any notices or other information that we may be required by law to provide you in writing or otherwise. You agree to keep us apprised of your current email address should the same change subsequent to the date you provide it to us. We may also send you push notifications if you install our mobile application. You may opt out of receiving certain communications in accordance with our Privacy Policy

14. INDEMNITY

You agree to indemnify, defend, and hold Zuta and its parents, subsidiaries, affiliates, officers and employees, harmless from any claim or demand (including, without limitation, from all damages, liabilities, settlements, costs and attorneys’ fees) made by any third party due to or arising out of your access to or use of the Services, the violation of this Agreement by you, or the infringement by you, or any third party using your account, of any intellectual property or other right of any person or entity. You agree to cooperate fully as reasonably required in defense and/or settlement of any claim. We reserve the right, in our sole discretion, to assume exclusive control over the defense and/or settlement of any matter subject to indemnification by you.

15. LIMITATION OF LIABILITY

TO THE FULLEST EXTENT ALLOWED BY APPLICABLE LAW, IN NO EVENT SHALL ZUTA OR ITS RETAILERS, SUPPLIERS, OR THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE WITH RESPECT TO THE SERVICES OR THE SUBJECT MATTER OF THIS AGREEMENT UNDER ANY CONTRACT, NEGLIGENCE, TORT, STRICT LIABILITY OR OTHER LEGAL OR EQUITABLE THEORY (I) FOR ANY AMOUNT IN THE AGGREGATE IN EXCESS OF THE LESSER OF THE FEES PAID BY YOU OR $50; (II) FOR ANY INDIRECT, INCIDENTAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES OF ANY KIND WHATSOEVER; (III) FOR DATA LOSS, LOST PROFITS, LOSS OF USE, OR COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES; OR (IV) FOR ANY MATTER BEYOND ZUTA’S REASONABLE CONTROL.

16. INTERACTION WITH THIRD PARTIES

The Services may contain links to third party websites that are not owned or controlled by Zuta, or that may be accessible by logging in through a third party website, as described more fully in our Privacy Policy. You hereby represent and warrant that you have read and agree to be bound by all applicable policies of any third party website relating to your use of the Services and that you will act in accordance with those policies, in addition to your obligations under this Agreement. Zuta has no control over, and assumes no responsibility for, the content, accuracy, privacy policies, or practices of, or opinions expressed in any third party websites. In addition, Zuta will not and cannot monitor, verify, censor or edit the content of any third party site. By using the Services, you expressly relieve and hold harmless Zuta from any and all liability arising from your use of any third party website.

Your interactions with organizations, Retailers, and/or individuals found on or through the Service, including payment and delivery of goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such organizations, Retailers, and/or individuals. A product purchased from any Retailer through the Services, is governed by and subject to the applicable Retailer policies, including applicable exchange and shipping policies. You agree that we are not agents of any Retailer and that Retailers operate independently and are not under our control. Accordingly, your participation in offers or promotions of, or correspondence with, any Retailer is solely between you and that Retailer. We do not assume any liability, obligation or responsibility for any part of such correspondence, offer or promotion, including, without limitation, the withdrawal or modification of any such offer or promotion.

You should make whatever investigation you feel necessary or appropriate before proceeding with any online or offline transaction with any of these third parties. You agree that Zuta shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings. If there is a dispute between participants on this site, or between users and any third party, you understand and agree that Zuta is under no obligation to become involved.

17. MODIFICATION AND TERMINATION

Zuta reserves the right to modify, discontinue, terminate or suspend any and all Services without prior notice. This Agreement shall remain in full force and effect while you use any part of the Services. You may terminate your use of the Services or your membership at any time by following the instructions on the Services. Zuta may terminate or suspend your access to the Services (and/or any feature thereof) or your membership at any time, for any reason, and without warning, which may result in the forfeiture and destruction of all information associated with your membership. Upon termination of your account, your right to access and use the Services and any Content will immediately cease.

Upon any termination, all provisions of this Agreement which by their nature are intended to survive performance hereof by you or Zuta, including, without limitation, ownership provisions, warranty disclaimers, and limitations of liability, shall survive the completion of the performance, cancellation or termination of this Agreement.

18. NO WAIVER AND SEVERABILITY

The failure of either party to exercise in any respect any right provided for herein shall not be deemed a waiver of any further rights hereunder. Zuta shall not be liable for any failure to perform its obligations hereunder where such failure results from any cause beyond Zuta’s reasonable control, including, without limitation, mechanical, electronic or communications failure or degradation (including “line-noise” interference). If any provision of this Agreement is found to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary so that this Agreement shall otherwise remain in full force and effect and enforceable. Headings for each section have been included for your convenience, but such headings do not have any legal meaning, and may not accurately reflect the content of the provisions they precede.

19. GOVERNING LAW AND ARBITRATION

The validity, construction, and interpretation of this Agreement, and the rights and duties of the parties hereto, will be governed by and construed in accordance with the laws of the United Kingdom.

You agree that any dispute, claim or controversy arising out of or in connection with the Services, Zuta, or this Agreement shall be determined by binding arbitration. You further agree that the UK Arbitration Act 1996 and federal arbitration law shall govern the interpretation and enforcement of this agreement to arbitrate.

Arbitration uses a neutral arbitrator instead of a judge or jury, and is more informal than a lawsuit in court. Discovery in arbitration is more limited than is generally available in the courts and the arbitrator’s decision is also subject to very limited appellate review by the courts.

You also agree to waive the right to a trial by jury or to participate in a class action. These waivers are mutual as between you and Zuta, and Zuta waives its right to a trial by jury or to participate in a class action against you. This means that neither you nor Zuta can seek to assert class or representative claims against each other either in court or in arbitration and no relief can be awarded on a class or representative basis. The arbitrator also may not consolidate or join another person’s claim with your claim or issue an order that would achieve the same result. You and Zuta further agree that if the provisions of this paragraph are found to be unenforceable, then the entire provision compelling arbitration shall be null and void.

You also agree that all issues are for the arbitrator to decide. This includes all issues related to the scope, application, interpretation and enforceability of this Agreement and this arbitration provision. The arbitrator shall also decide whether any claim is subject to arbitration.

The arbitrator is bound by the terms of this Agreement. If your claim in arbitration is for less than $10,000, Zuta will reimburse you for filing and arbitrator fees at the conclusion of the proceeding unless your claim is found to be frivolous by the arbitrator.

In lieu of arbitration, you may also elect to have your claims decided in small-claims court, so long as the small-claims court does not permit class, representative, or consolidated actions, or the award of relief in favor of any person or entity that is not a named party to the small-claims action.

20. NON TRANSFERABILITY

This Agreement is not assignable, transferable or sublicensable by you except with Zuta’s prior written consent. Zuta may transfer, assign or delegate this Agreement and its rights and obligations without consent.

21. ENTIRE AGREEMENT

You and Zuta agree that this Agreement (including any terms or policies expressly incorporated herein) is the complete and exclusive statement of the mutual understanding of the parties and supersedes and cancels all previous written and oral agreements, communications and other understandings relating to the subject matter of this Agreement, and that all modifications must be in a writing signed by both parties, except as otherwise provided herein.

QUESTIONS

If you have any questions or notices of violation of this Agreement, please contact us at zuta@shopzuta.com. le Cla