Terms of Use

2. Purpose of the Terms of Use

The purpose of the Terms of Use is to (i) grant the User a non-exclusive license to use the Application and (ii) outline the conditions of use of the Application and the Services.

If access to the Application and/or the Services was made through a third party, separate legal terms set forth by that third party may also apply to your access to the Services.

In any case, these Terms of Use will also apply to the provision of the Services and the User must comply with them.

3. Access and Use of the Application

The Application is easily useable on Desktop, Laptop, and mobile devices with all major modern browsers and it can available either online and offline. In order to make the Application offline, the User requires an internet connection to download the Application. The User must be equipped with a device that allows to use the Application with a recent version of the operating system and one of the major browser. The User is solely responsible for the proper functioning of his devices.

The User acknowledges that the functionality of the Application is subjective and the features availability is depending on a device and the state of the connectivity (offline or online). In addition, specific usage and geographical restrictions of the Application may vary. Therefore, the User is advised to check the Website regularly for further details on restrictions of use and recent changes to the Application.

The Application is available on application distribution platforms. It may also have been pre-installed on the User’s device.

The Application is accompanied by an end user license agreement (“EULA”), the terms of the EULA will govern the use of the Application. The Application is available to use solely in connection with our Services and in accordance with the Legal Terms.

4. Update and Maintenance

ZOOMRIYA may update the Application at any time. These updates may be intended to maintain software compatibility, offer new features or versions of the Application, provide security updates or bug fixes, etc.

ZOOMRIYA reserves the right to check the versions of the Application, download configuration changes and updates to the Application or discontinue access to earlier versions of the Application. ZOOMRIYA does not guarantee that the updated Application will still be compatible with earlier versions of the Application. ZOOMRIYA also does not warrant that it will continue to support any version of the operating system or device for which User is licensed either.

The User agrees to use an updated version of the Application at all times.

Any deletion of User Account or suspension or permanent closure of the User Account shall not be entitled to receive any future updates and maintenance.

ZOOMRIYA may modify the Application at any time and to this end, may carry out maintenance or upgrade operations on the Application or on the underlying infrastructure that enables the use of the Application hosted by ZOMMRIYA.

ZOOMRIYA may temporarily suspend or limit the use of all or part of the Application or the Services hosted by ZOOMRIYA.

Except in cases of emergency, temporary interruptions will, whenever possible, be notified on the Website before they occur.

ZOOMRIYA shall in no case be liable for damages to the User in the event of suspension or limitation of the use of the Application due to operations and maintenance.

5. Terms of Service

The User shall use the Application and associated Services in an authorized and standard manner. The User hereby acknowledges that ZOOMRIYA may take measures to prevent any obvious misuse of the Services. The User shall use the Application in compliance with applicable law and regulations and is solely responsible for his or her use of the Application. The User must also comply with the Terms of Use .

The User shall not, under any circumstances, make any unauthorized use of the Application or the Services, i.e., contrary to applicable law and regulations. The User is hereby informed that the following uses, including, but not limited to those listed below, are considered unauthorized:

• Use a process designed to distort, alter, modify, disassemble, erase the Application, protocols and communications, such as, viruses, Trojan horses, worms, logic bombs, etc.
• Alter or attempt to alter the Application, its functionality or availability
• Bypass, disable or interfere with the security features of the Application and its integrity (or the integrity of any electronic equipment), or features that prevent or restrict the use of the Software content
• Use an automated system to access the Application
• Use in any manner whatsoever, any content subject to proprietary rights not owned by the User, unless the User has a license or explicit permission from the owner of the rights
• Sell or market the Application, while it is only intended for the User’s personal use
• The Intellectual property rights of third parties and more specifically, use in any way, any content subject to property rights not owned by the User, unless the User has a license or explicit permission from the owner of the rights
• Engage in activities which invade the privacy of others, including impersonation
• Engage in activities that infringe on the rights to the image of others, as well as any personality rights
• Collect personally identifiable information from the Application, including account names
• Use the Application for phishing, impersonation, spoofing or spamming
• Use the Application to embarrass, threaten, harass or invade the privacy of any third party, or expose any third party to offensive, indecent or harmful content
• Upload and/or share inappropriate Content, considered as incitement to commit crimes and offensive, offending human dignity, of a sexual nature and in particular of a pornographic or pedophilic nature, defamatory, abusive, racist, violent, insulting, denigrating, revisionist, advocating war crimes, relating to the sale of any object and/or illicit service, advocating terrorism, incitement to commit murder or suicide, undermining the security or integrity of a State or a territory, or any other content that may engage the civil or criminal liability of any User who publishes it.

If ZOOMRIYA detects a use of the Services which is considered contractually prohibited, ZOOMRIYA reserves the right to notify the User by any means (e-mail, SMS or mobile notification) of the abnormal nature of his/her use of the Services.

For contractually prohibited uses which are serious and/or unauthorized, ZOOMIRYA will take immediate action legally and may permanently block the User Account and terminate the Contract under the conditions set out in “Termination” section.

In all cases, ZOOMRIYA may delete User Content linked to unauthorized and/or contractually prohibited use of the Services.

Any deletion of User Account or any deletion, suspension or permanent closure of the User Account shall not be entitled the User to any refund or payment of damages or receive any updates on the Application.

6. Quality of Service

ZOOMRIYA takes the necessary security measures to prevent incidents and puts all the resources in place to react to any incident in order to limit the unavailability of Services and the impact on Users’ data.

The online Application requires an Internet connection, which are beyond the control of ZOOMRIYA. ZOOMRIYA is not responsible for the unavailability of the Application or for any difficulty or inability to access the Services.

The Services may be inaccessible during periods of maintenance, updates or changes. ZOOMRIYA shall not be held liable in the event of interruption of access to User Content and Services due to maintenance, updates or changes of all or part of the Services.

Interruption of Services includes the inability to consult and/or creating the Digital Photo Albums.

7. Managed Shared Hosting

ZOOMRIYA may offer a complimentary shared hosting for the Service package that the User order and the duration may depends on the Service package.

The hosting is fully administered and maintained by ZOOMRIYA.  ZOOMRIYA will not be provide any credential to the server to transfer or administrate.

ZOOMRIYA will notify the User by email with an offer to extend the complimentary hosting thirty (30) days prior to the expiration. It is up to the User’s responsible to renew the hosting for the first time. The User agrees that all subsequent renewals until and unless the User notify ZOOMRIYA of desire to cancel the Hosting, the User will be billed on an automatically recurring basis to prevent any disruption to your Service, using the payment method on the User Account.

Hosting renewal notices are provided a a curtesy reminder and ZOOMRIYA is not responsible for a failure to renew a hosting or a failure to notify the User about the hosting’s renewal.

8. Intellectual Property of the User

The User is the owner of the rights to the User Content, the photographs, the videos and music, that he/she provides to include into the Application.

ZOOMRIYA does not claim any property rights over the User Content.

However, in order to make the Application available and to provide the Services, ZOOMRIYA must obtain from the User an authorization to use the User Content.

Consequently, the User grants ZOOMRIYA a worldwide, non-exclusive, free, sublicensable and transferable license on the intellectual property rights related to the User Content.

The license concerns the following rights :

• Reproduction right, which includes the right to reproduce the User Content in number, in whole or in part, in any format and on any media, known or unknown to date, and the physical fixation of a work by any process, known or unknown to date.
• Representation right, which includes the right to communicate and broadcast it or have it communicated and broadcasted to the public, directly or indirectly, one time or several times, in full or by excerpts, by any means known or unknown to date.
• Adaptation right, which includes, subject to the respect of the moral rights of the authors, the right to proceed for the purposes of reproduction and representation, in whole or in part, to any adaptation, addition, deletion or change of any element of the User Content and, in general, to any modification, and the right to reproduce or represent these adaptations, as well as to translate them into any language.

The license is solely granted for the exploitation by ZOOMRIYA of the Application and the provision of the Services, for a period of time equivalent to the license to use the Application extended by the limitation periods applicable by law.

Similarly, the User guarantees ZOOMRIYA that he has the rights to publish User Content on the Application. He/she thus guarantees ZOOMRIYA that the User Content does not infringe the rights of third parties, whether these be copyright, neighbouring rights or personality rights.

The User also grants each User of the Application a worldwide, non-exclusive, free license to access, use, copy, distribute, perform, display or transmit such User Content, in accordance with the Terms of Use.

9. Intellectual Property of ZOOMRIYA

The Application contains proprietary and confidential information protected by intellectual property laws and treaties. ZOOMRIYA retains exclusive ownership of the Application and the User shall refrain, directly, indirectly or through third parties, from infringing, jeopardizing or limiting, by any means whatsoever, the Intellectual property rights held by ZOOMRIYA over the Application.

Similarly, any reproduction, representation, adaptation, modification, translation, transformation, distribution, integration into other material, commercial or non-commercial use and/or reuse in any way whatsoever, of all, or part of the elements comprising the Application, is strictly prohibited. ZOOMRIYA, the associated trademarks and logos are trademarks owned by ZOOMRIYA.

The User benefits, subject to acceptance of and compliance with the Terms of Use, from a limited, non-exclusive, non-transferable, non-assignable right of use, free of charge, in order to download and install the Application on a device, such as a Smartphone or tablet, or a computer, and to use the Application for personal purposes.

This right is granted to the User for the entire duration of this Contract and throughout the territory in which ZOOMRIYA markets the Services.

The User shall not:

• License, sell, assign, lease, export, import, distribute or transfer or grant rights to a third party on the Application.
• In any manner whatsoever, modify, copy, decompile, reverse engineer, disassemble all or part of the components of the Application, or attempt to derive the source code, or create derivative works from all or part of the Application or its updates, except as otherwise provided by applicable law.
• Directly or indirectly, create derivative works, search the source code or protocols of the Application software (except to the extent permitted by law).
• Delete, obscure or modify any trademark or other proprietary notices included in the Application.
• Any of the above-mentioned actions will be considered a violation of ZOOMRIYA’ rights.

Any unauthorized use of the Application may result in legal action.

This section will govern any update provided by ZOOMRIYA that replaces and/or supplements the Application, unless it comes with a separate license.

10. Billing and Payment

It is your responsibility to ensure that your payment information is up to date, and that all invoices are paid on time. You agree to pay for the Services in advance of the time period during which such Services are provided. Subject to applicable laws, rules, and regulations, payments received will be first applied to the oldest outstanding invoice in your billing account.

ZOOMRIYA will notify the User by email with an offer to extend the complimentary hosting thirty (30) days prior to the expiration. It is up to the User’s responsible to renew the hosting for the first time. The User agrees that all subsequent renewals until and unless the User notify ZOOMRIYA of desire to cancel the Hosting, the User will be billed on an automatically recurring basis to prevent any disruption to your Service, using the payment method on the User Account.

Hosting renewal notices are provided a a curtesy reminder and ZOOMRIYA is not responsible for a failure to renew a hosting or a failure to notify the User about the hosting’s renewal.

Listed fees for the Services do not include any applicable sales, use, revenue, excise or other taxes imposed by any taxing authority. Any applicable taxes will be added to ZOOMRIYA’s invoice as a separate charge to be paid by you. All fees are non-refundable when paid unless otherwise stated.

All invoices must be paid within ten (10) days of the invoice due date. Any invoice that is outstanding for more than ten (10) days may result in the suspension or termination of Services. Access to the account will not be restored until payment has been received. If you fail to pay the fees as specified herein, HostGator may suspend or terminate your account and pursue the collection costs incurred by ZOOMRIYA, including without limitation, any arbitration and legal fees, and reasonable attorneys’ fees. ZOOMRIYA will not activate new orders or activate new packages for customers who have an outstanding balance on their account.

You have sixty (60) days to dispute any charge or payment processed by ZOOMRIYA. If you have any questions concerning a charge on your account, please reach out to us for assistance.

11. Personal Data

The collection and use of the User’s personal data is defined in the Privacy Policy, which remains accessible on the the zoomriya.com website.

12. Changes to the Terms of Use

ZOORIYA may modify, add, or delete portions of this Agreement at any time. If we have made significant changes to this Agreement, we will post a notice on the ZOOMRIYA website for at least thirty (30) days after the changes are posted and will indicate at the top of this Agreement the date of the last revision. Any revisions to this Agreement will become effective when posted unless otherwise provided. You agree to any modification to this Agreement by continuing to use the Services after the effective date of any such modification.

ZOOMRIYA reserves the right to modify, change, or discontinue any aspect of the Services at any time.

13. Effective Date and Duration

The Contract takes effect on the date the User Account is created or an Order has been placed on a Service, with tacit renewal. The Contract will therefore remain in force until all the the Services and Products supplied by ZOOMRIYA including the Digial Photo Album Application.

Account Termination results in the deletion of the User account by ZOOMRIYA.

Hosting Termination results in the deletion of your Digital Photo Album on ZOOMRIYA’s hosting server. The Hosting termination occurs automatically when the user failed to renew the hosting service for 60 days from the expiration date.

The mere deactivation of the User Account by the User will result in its suspension, with termination occurring if the User has not reactivated his User Account within one month after the deactivation.

However, the User acknowledges that the license, with regard to the User Content, is granted for a for a period of time equivalent to the license to use, from which the User benefits.

For technical reasons, this license will also cover all the time necessary for the various operations that ZOOMRIYA will have to carry out in order to delete the aforementioned User Content.

14. Unilateral Termination

Either Party may terminate the Agreement at any time. To do so, the User simply needs send an email support@zoomriya.com to delete the User Account, which will automatically result in terminating the Hosting Service provided by ZOOMRIYA. Further, the User also required to delete the Application that supplied by ZOOMRIYA from all hard drives, networks and storage media, and destroy all copies in the User’s possession or control;. If the User failed to delete the Application, the User is still abid by this Agreement.

ZOOMRIYA may terminate its relationship with the User at any time, subject to a minimum of one month’s notice.

If ZOOMRIYA decides to no longer provide a specific Service, ZOOMRIYA may terminate the aforesaid Service without penalty, subject to a minimum notice period of one month.

Any termination by ZOOMRIYA will be notified to the User via email on the User Acccount.

15. Termination for Default

Each Party may also terminate the Contract by operation of law, for fault on the part of the other Party without the need for formal notice, this resulting solely from the breach of the party at fault. It is agreed that the following cases, including, but not limited to those listed below, may result in the termination of the Contract by ZOOMRIYA:

• If the User has violated the Terms of Use.
• If the information provided by the User in his User Account is inaccurate.
• If ZOOMRIYA suspects illegal or fraudulent use of the Application or contrary to the rights of third parties.

16. Termination of Shared Hosting

Termination of Shared Hosting will result in removing your Service and the Application from the subdomain allocated for your service. The removal will taken place ten (10) days after the expiration.  Additional cost may incur to reinstate your service once the termination has been executed.

17. Consequences of  Contract Termination

Upon the effective date of termination of the Contract, the following consequences will occur:

All licenses and rights to use the Application will terminate. However, the licensed content may be retained for a limited time, for technical purposes. The license will continue to cover these transitional acts, necessary for the removal of the aforesaid content.

• The User shall cease to use the Application.
• The User shall delete the Application from all hard drives, networks and storage media, and destroy all copies in the User’s possession or control.
• ZOOMRIYA will delete all the data associated with the User Account and other Services in accordance with the Privacy Policy.

Termination of a particular Service may not have the same consequences as mentioned above, instead it will be limited to the terminated Service only.

Termination shall have no effect on Sections 18 and 20 of these Terms of Use.

18. Warranty and Liability

With regards to the relevant and applicable legal provisions, the Application is provided “AS IS” and shall be used at the User’s own risk, without any warranty. In this respect, the User is solely responsible for the preservation, security and integrity of data, hardware and software, as well as for the confidentiality of his/her passwords and User Account identifiers, when using the Services.

ZOOMRIYA does not bear any responsibility to any third party or to the User regarding User Content, the User being solely responsible for the Content that he/she submits, creates, posts or publishes on the Application.

The User is solely responsible for the use that is made of the Application installed on his/her terminal. ZOOMRIYA shall therefore not be liable for any damage that may be caused by a third party using the Application from the User’s terminal.

ZOOMRIYA shall do its best to ensure the confidentiality of the information and content published on the Application.

ZOOMRIYA does not warrant that the Application will always be available, accessible, uninterrupted, reliable, or error-free. Furthermore, there is no guarantee regarding Internet connections or transmissions.

In the event that a third party brings a claim against ZOOMRIYA in connection with, or as a result of (i) any breach by User of the Terms of Use, (ii) any breach by User of any applicable law or regulation, (iii) any infringement by User of the rights of third parties (including intellectual property rights), (iv) its User Content, or (v) its claim regarding any User Content, the User shall indemnify ZOOMRIYA against any and all damages, liabilities, losses, condemnation, costs and expenses (including reasonable legal fees and costs) arising therefrom.

Subject to the foregoing and in accordance with applicable law, ZOOMRIYA shall not be liable to the User, whether or not ZOOMRIYA has been advised of the possibility of such damages or loss, for:

• Indirect damages and in particular any damage, loss or corruption of data, damage to image or reputation, in particular due to the publication by other Users of offensive, obscene or illegal User Content or User Content that is contrary to these Terms of Use.
• Damage resulting from the acts of third parties or cases of force majeure;
  Any claim, damage or loss resulting from, or related to, the inability of the User to use all or part of the Application or its functionality.

IN ADDITION TO THE FOREGOING, ZOOMRIYA SHALL NOT BE LIABLE TO ANY USER MAKING PROFESSIONAL USE OF THE APPLICATION, WHETHER OR NOT ZOOMRIYA HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE OR LOSS, FOR :

• ANY INDIRECT DAMAGE, AND IN PARTICULAR, ANY LOSS OF INCOME, CONTRACTS, REAL OR ANTICIPATED PROFITS, OPPORTUNITY, BRAND IMAGE OR REPUTATION, IN PARTICULAR DUE TO THE PUBLICATION BY OTHER USERS OF OFFENSIVE, OBSCENE, ILLEGAL CONTENT OR CONTENT THAT IS CONTRARY TO THESE TERMS OF USE, OR LOSS OF CUSTOMERS OR TURNOVER.
• ANY DESTRUCTION, LOSS, ALTERATION, UNAUTHORIZED DISCLOSURE OF DATA OR USER CONTENT OR UNAUTHORIZED ACCESS TO USER DATA OR CONTENT.
• ANY CLAIM, DAMAGE OR LOSS RESULTING FROM, OR RELATED TO, USER’S INABILITY TO USE ALL OR PART OF THE APPLICATION OR ITS SERVICES OR FEATURES.

19. Force majeure

ZOOMRIYA shall not be held liable in the event of non-performance resulting from a case of force majeure

Exceptional weather conditions, natural disasters, fires and floods, lightning, electronic surges, attacks, internal or external strikes are considered as cases of force majeure, as long as they are not the fault of ZOOMRIYA and are beyond its control; internal or external failures or breakdowns such as failures linked to the telephone network and all those coming from the User’s telephone provider, and in general, any unavoidable and unforeseeable event that does not allow the proper functioning of the Application.

20. Dispute Resolution

ZOOMRIYA provides Users with a support team accessible via a contact form accessible on the Application or the Website at the following e-mail address: support@zoomriya.com

ZOOMRIYA commits to providing a response to any dispute within 30 working days from the date of receipt thereof.

In the event of a dispute arising from the interpretation or performance of the Contract, the parties shall endeavor to seek an amicable solution.

In any case, the User may bring any dispute arising from the interpretation or performance of the Contract before any competent court.

If the User is a consumer whose residence is located in a Member State of the European Union, whose public is targeted by the Application, the User may bring the matter before the competent courts of the Member State of his residence and rely on the law of his residence.

In all other cases, Canadian law shall be applicable and the competent courts within the jurisdiction of the Ontario Court of Appeal shall have jurisdiction over all disputes arising from the interpretation or performance of the Contract.