Terms & Conditions
Zanonz Limited Terms & Conditions
Last updated: December 2019
1. General Agreement
Your use of the Zanonz Website, Services, Content Management System, Applications, Content, data feeds and services (collectively the “Service”) provided to you by any means by Zanonz is subject to a legal agreement between Zanonz and yourself. “Zanonz” means Zanonz Ltd a Company incorporated in the United Kingdom under English law with registered address Third Floor, 207 Regent Street, London, United Kingdom, W1B 3HH, company No 10546952 registered in England and Wales.
Your legal agreement is made up of a) the terms and conditions set out in this document and b) Zanonz’s Guidelines and Privacy policy, collectively “the Terms”.
Please read the Agreement carefully. By continuing to use the Service, you agree that you have read and are bound by these terms.
The Terms form a legally binding agreement between Zanonz and yourself in relation to your use of the Service. The Terms apply to all users of the Service, whether users or contributors. In order to use the Service, you must agree to the Terms. You must not use the Service if you do not accept the Terms. Using the Service implies acceptance of the Terms from the point at which you start using the Service.
Zanonz reserves the sole right at any time to modify, discontinue, or terminate any service or the site, or change, add, or delete portions of these terms and conditions without notice. We will post changes to these Terms to the Zanonz website. It is your responsibility to check the site periodically for changes. Your continued use of the Service after any changes constitutes your acceptance of the revised terms and conditions. If you do not agree with the Terms, you must stop using the Service.
These Terms govern any dispute between Zanonz and you in connection with the Privacy Policy.
2. Service Availability
SOLE CONSIDERATION. You agree that our sole offer to you in connection with the Services is to provide them as-are, or as modified by us in our sole discretion, until such time as we should choose to discontinue the Services or any component of the Services.
SERVICES PROVIDED AS-ARE. You agree to use the Services as-are. UNLESS THE DISCLAIMER OF SUCH WARRANTIES IS PROHIBITED BY APPLICABLE LAW, YOU EXPRESSLY AGREE THAT ACCESS TO THE SERVICE BY ANY MEANS IS AT YOUR SOLE RISK, AND THE SERVICES ARE PROVIDED "AS ARE" AND "AS AVAILABLE," AND WE DO NOT MAKE ANY WARRANTIES WHATSOEVER WITH RESPECT TO THE SERVICES, INCLUDING WITHOUT LIMITATION, WARRANTIES, EITHER EXPRESS OR IMPLIED, SUCH AS THE WARRANTIES OF NON-INFRINGEMENT, MERCHANTABILITY, AND FITNESS FOR A PARTICULAR PURPOSE, OR THAT THE SERVICE WILL BE UNINTERRUPTED, ERROR FREE OR PROVIDE ADEQUATE, COMPLETE OR TIMELY INFORMATION OR DATA.
ONLINE SERVICES MAY INCLUDE INTERACTIVE ACCOUNTS. In using the Services, you may be provided with the opportunity to upload information, data, or content specific to you ("Account Information" in "an Account"). Our provision of any such interactivity is a Service and governed by these Terms. You are responsible for keeping your username and password secure. If you believe that there has been unauthorized access to your username, password or your identity, please contact us as soon as possible so that we can work together to limit the damage. To the extent that the Services interact with any other social media account or service you use, such as Facebook via Facebook Connect, you understand and agree that the provision of that other account or service are not the responsibility of Zanonz. We have the right to disable any username or password, whether chosen by you or allocated by us, at any time, if in our reasonable opinion you have failed to comply with any of the provisions of these Terms of Service. For certain Services, Zanonz may require you to verify your phone number and consent to a one-time SMS message sent through a third-party service provider. You are responsible for providing your accurate phone number for verification purposes.
ONLINE SERVICES SUBJECT TO CHANGE. You agree that we may change or discontinue the Services in our sole discretion and without prior notice. You agree that you will not rely on the continued availability of the Services in taking any action, refraining from any action, or entering into any commitment.
CONTENT NOT RETAINED FOREVER. You agree that any Account you may create via these Services may be terminated, and/or some or all of the associated Account Information deleted, following a period of inactivity. Such deletion may be done without prior notice.
IF IMPORTANT, KEEP A COPY. You agree that unless otherwise specified any Account Information, Content or other submissions which you upload or provide via the Services may be modified, deleted without prior notice and at Zanonz's sole discretion or may or become irrecoverable. Therefore, to the extent any such information has importance to you, you agree to maintain an original copy separate from these Services.
3. Service Eligibility
YOUR AGE. The Services are intended for use by individuals 18 years of age and older. Some areas of the site may contain material that is inappropriate for minors. The Site and Services are not intended for children under the age of 13. Children under the age 18 but at least 13 years of age may use the Service only with the verifiable consent of a parent or legal guardian who has agreed to be bound by these Terms and Conditions. You are not permitted to use the Services, establish an Account, or provide Account Information if you are under 13 years of age.
YOUR LOCATION. The Services are intended for use in the United Kingdom. The Services are operated by Zanonz from the United Kingdom. Zanonz makes no representation that the Services are appropriate or available for use in other locations. You are responsible for ensuring that you are not barred or otherwise legally prohibited from receiving or using the Service under the laws of the country in which you are resident or from which you access or use the Service.
4. Your Responsibility For The Services
YOUR LIABILITY. You are fully responsible for how you use our Services. You agree to indemnify and hold harmless us and our directors, officers, employees, service providers, vendors, and agents from and against any and all losses, liabilities, claims, damages or expenses (including attorneys' fees and court costs and expenses) arising from or related to any use of the Services by you or that occurs because of you.
You understand and acknowledge that in using the Service, you may be exposed to Content that is factually inaccurate, offensive, indecent, or otherwise objectionable to you. You agree to waive, and hereby do waive, any legal or equitable rights or remedies you have or may have against ZanonZ with respect to any such Content.
Prohibited use of the services.
You may not create a username, post, upload, email or transmit to Zanonz or otherwise use submissions of any kind that are, within the sole discretion of Zanonz, determined to be commercial, illegal, offensive or potentially harmful to others.
Announcements made through the Zanonz Service are not guaranteed to be made or heard. Zanonz is not a life-safety announcement system and the making of critical emergency or life-safety announcements, such as without limitation evacuation during a fire, a terror event or other emergency is strictly prohibited.
You accept to take into account the proximity of listeners to the speakers, the volume of announcements made and other factors, such as ambient noise, time of day, etc that may cause mental or physical distress, to those listeners hearing the announcements. It is prohibited to use the Services in such a way as could have been reasonably expected to damage a listener’s hearing or wellbeing.
It is prohibited to use the Service to access a network or system that you are not authorised to access. You agree that you are either the owner of the network (for example the specific WiFi SSID) and multi-room audio system or have the permission of their respective owners to access and make changes that may affect both the network and the audio system. You agree that you have the authority to make changes to and play audio via the systems.
You agree not to distribute any part of the Service, including Content without Zanonz prior written authorisation.
You agree not to modify any part of the Service or Content.
You agree not to access Service through any means other than the Zanonz Applications.
You agree not directly or indirectly, or allow third parties to, copy, modify, reproduce, display, disassemble, decompile, reverse engineer, disassemble, store, translate, sub-license, trace, log, debug, hack any of the Services, including without limitation any Application, or interface to the Service or Content.
You agree not to (or attempt to) circumvent, disable or otherwise interfere with any security related features of the Service or features that (i) prevent or restrict use or copying of Content or (ii) enforce limitations on use of the Service or the content accessible via the Service.
You agree not to access Content or any reason other than your personal, non-commercial use solely as intended through and permitted by the normal functionality of the Service.
You shall not copy, reproduce, distribute, transmit, broadcast, display, sell, license, or otherwise exploit any Content for any other purposes without the prior written consent of Zanonz or the respective licensors of the Content.
You agree not to solicit, for commercial purposes, any users of the Service with respect to their Content.
You agree not to collect or harvest any personal data of any user of the Service.
You agree not to use or launch any automated system that accesses the Service in a manner that sends more request messages to the Zanonz servers in a given period of time than a human can reasonably produce in the same period by using a publicly available, standard (i.e. not modified) web browser.
You agree that you are solely responsible for (and that Zanonz has no responsibility to you or to any third party for) any breach of your obligations under the Terms and for the consequences (including any loss or damage which Zanonz may suffer) of any such breach.
You must keep your account up to date.
In order to use certain parts of the Service, you must register as a user and create a Zanonz account. As part of the registration process, you will provide a username, password, email address, and other information and materials (the “Registration Information”) for your account.
For certain parts of the Service you may also be able to register as a Zanonz user with a third-party social networking site account (e.g., Google, Apple, Facebook, Twitter, YouTube, etc.) (a “Third-Party Account”), and in connection therewith, you allow us to access, store, and use content or information relating to your Third-Party Account, and any content or information in your Third-Party Account used on the Site or with the Services shall be “Registration Information” hereunder. We may accept or reject your user registration in our sole discretion.
You alone are responsible for all activity that takes place under your account, so its security is of paramount importance. Ensure that you create a Strong password and maintain it securely and confidentially. You must notify Zanonz immediately of any unauthorised use of your account or breach of its security that you may become aware of. You alone are responsible for maintaining the security of your Registration Information and for all uses of the Services in the name of your account.
You represent and warrant that all Registration Information will be true, accurate, complete, and current and that you will promptly update your Registration Information as necessary such that it is, at all times, true, accurate, complete, and current. We may use all Registration Information in accordance with the Zanonz Privacy Policy.
You are responsible for maintaining access to the email address associated with your account. Zanonz is unable to restore access to your account if you lose access to the email address associated with the account. If you do not update or change an incorrect e-mail address or other contact information, you understand and agree that any notices, statements or other communications to you from Zanonz will still be considered to have been provided to you if they were made available to you in electronic form on the Services or e-mailed to the e-mail address we have for you in our records. Zanonz reserves the right, if we choose, to restrict your ability to use the Services if Zanonz believes that the e-mail address you provided is incorrect.
You are solely responsible for the accuracy of bank account details, if any, of your account and acknowledge that Zanonz is not responsible for erroneous or absent payments if this is not always up-to-date. You acknowledge that Zanonz cannot retrieve payments made erroneously.
You are responsible for keeping your account active. If a user does not log in to an account for six (6) months or more from the date of the last log in, the account may be considered inactive. Inactive accounts may be permanently removed without notice.
5. Intellectual Property
YOUR SUBMISSIONS. When you provide submissions ("Submissions") to Zanonz, you still retain all of your rights of ownership in your Submissions. However, by uploading, posting or otherwise transmitting your Submissions on or to Zanonz, you grant Zanonz (and its successors) a royalty-free, perpetual, irrevocable, transferable, worldwide, non-exclusive right (including any moral rights) and license to use, license, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, derive revenue or other remuneration from, communicate to the public, perform and display the content (in whole or in part) and/or to incorporate it in other works in any form, media, or technology now known or later developed, for the full term of any rights that may exist in such content. You also permit any User to access, display, view, store and reproduce such content as permitted by the Service and under these Terms.
The above licenses granted by you will survive your removal of Submissions from the Service, the termination of your use of the Service, or any other termination of these Terms unless Zanonz receives written notice of termination of this license from you, at which point this license will expire and we will stop using the specified Content within thirty (30) days; provided, however, that with respect to Submissions already downloaded by Users, the grant of rights to end users will survive your removal of such Submissions indefinitely.
When you provide any Submissions to Zanonz, you understand and accept complete responsibility for your Submissions, including any and all consequences that may arise. As such, you represent and warrant that you own or have secured all necessary licenses, rights, consents and permissions for such Submissions and authorize Zanonz to make use of these Submissions in the manner contemplated by the Service and these Terms of Service; and have explicit permission, such as a signed, written consent and/or release from every person that may appear within the Submissions for Zanonz to use the Submissions, including the names and likeness of those persons, in the manner contemplated by the Service and these Terms of Service; and as applicable, to pay directly all third-party fees and royalties as may be required, including, but not limited to, with respect to artists, authors, co-authors, copyright owners and co-owners, publishers, producers, or any other person who performed in the making of your Content, and in connection with mechanical royalties, digital phonograph delivery royalties, public performance royalties, payments that may be required under any collective bargaining agreements or statutory schemes, or any other royalties, fees, and/or sums payable with respect to your Content, and at our request you shall provide us with confirmation of such authorizations and payments.
You acknowledge, represent and warrant that the exercise of the rights granted by you herein shall not violate any laws or otherwise infringe upon the rights of any person or entity, including copyright, trademark, privacy, publicity, or other personal or proprietary rights, or contain libellous, defamatory or otherwise unlawful materials.
You agree that you will not post or upload any Content which contains material which it is unlawful for you to possess in the country in which you are resident, or which it would be unlawful for Zanonz to use or possess in connection with the provision of the Service.
You acknowledge that, in order to ensure compliance with legal obligations, Zanonz may be required to review certain Content submitted to determine whether it is illegal or violates any of Zanonz Terms (such as when unlawful content is reported to us). We may also modify, prevent access to, delete, or refuse to display Content that we believe violates the law or these Terms. However, Zanonz otherwise has no obligation to monitor or review any Content submitted.
You hereby acknowledge and agree that we may, at our sole discretion, disclose Content to: (A) settle disputes over intellectual property ownership; (B) comply with law enforcement, court orders, or the legal process; or (C) protect the rights and safety of individuals.
Zanonz may at its sole discretion process any submissions made by you, including without limitation, format conversion and level control.
OUR INTELLECTUAL PROPERTY. You acknowledge and agree that Zanonz or its third party licensors own the contents of the Services and all copyrights and all other right, title and interest in and to such Content, and you agree not to challenge, directly or indirectly, Zanonz's ownership (or that of its licensors) in and to such content. Nothing contained in the Services or in these Terms of Service should be construed as granting, by implication, estoppels, or otherwise, any license or right to use any name, logo, trademark or service mark displayed in the Services without the written permission of Zanonz or such third party that may own the trademark displayed via the Services, and you may not use any name, logo, trademark, or service mark available via the Services without prior written approval by Zanonz. Except as expressly permitted in these Terms of Service, you may not copy, display, distribute, perform, create derivative works of, or otherwise use the Services or their content.
THIRD PARTY TRADEMARKS. “Sonos” is a Trademark of Sonos Inc, 614 Chapala Street, Santa Barbara, 93101, USA. “Bose SoundTouch” is a Trademark of Bose Schweiz Holdings GmbH, Baarerstrasse 8, Zug, 6302, Switzerland. Zanonz has no affiliation with Sonos or Bose or Bose SoundTouch and any reference is purely made to aid the user’s understanding of the application of the Service.
COPYRIGHT VIOLATIONS. If you believe in good faith that any material provided through the Service infringes upon your copyright, you may send notice to Zanonz requesting that the material or access to the material be removed, pursuant to the guidance of the Her Majesty’s Government, here; https://www.gov.uk/defend-your-intellectual-property/come-to-an-agreement
The notice must include all of the following:
An electronic or physical signature of the copyright owner or person authorized to act on behalf of the copyright owner; sufficient identification of the allegedly infringing material; sufficient information as to the location of the allegedly infringing material so that it may be found and identified; the complainant's name, address, telephone number and, if possible, email address; a written statement by the complainant of a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent or the law; and a statement by the complainant, under the penalty of perjury, that the information in the notification is accurate, and under penalty of perjury, that the complainant is the owner or is authorized to act on behalf of the owner of the copyright that is allegedly infringed.
If you believe in good faith that a notice of copyright infringement has been wrongly filed against you, you may send Zanonz a counter-notice. All notices with respect to Zanonz should be sent to the Zanonz Copyright Agent. Zanonz suggests that you consult your legal advisor before filing a notice or counter-notice. You expressly acknowledge and agree that Zanonz shall not be liable to you under any circumstances for declining to replace material. Also, be aware that there can be penalties for false claims under the Copyright Act.
Zanonz's designated Copyright Agent to receive notifications of claimed infringement is:
Copyright Agent,
Zanonz Ltd,
Third Floor,
207 Regent Street,
London W1B 3HH
United Kingdom,
6. Payment and Paid Content
CONTENT SUBMISSIONS AND PAYMENT.
When you make submissions to the Zanonz Service (“Content”), you have the option to make it available to Users on a free of charge or a chargeable (fee) basis.
The Zanonz Service, may be made available through one or more popular ecosystems (“App Store”) such as those of Google Play and the Apple Store in one or more destination countries, at Zanonz’s sole discretion. You accept that you cannot select the destination countries and that your Content will be made available for download in any countries where the Service is made available by Zanonz.
You appoint Zanonz as your agent or commissionaire for the marketing and delivery of your Content; whether as agent or as commissionaire depends on the destination countries as defined by the App Stores.
You authorize and instruct Zanonz to market, solicit and obtain orders on your behalf for your Content from Users located in the countries in which the Zanonz Service is offered.
You authorize and instruct Zanonz to provide hosting services (whether directly or via third parties) to you to make available and give User access to your Content.
You certify that all of your Content is authorised for export from your country and from the USA in accordance with the requirements of all applicable laws.
You acknowledge and agree that Zanonz, as your agent or commissionaire may enable third parties to host your Content and allow its download and use by Users.
Your Content shall be marketed by Zanonz, on your behalf, through the Service via the App Store at User prices designated by you at the time of upload or as subsequently modified.
You may set the User price of your Content through the Zanonz CMS by selecting an appropriate product price. You acknowledge and accept that the price set in different countries will follow the corresponding App Store price tiers for different currencies.
You acknowledge and accept that the App Stores may change their price tiers, such that your chosen User price is no longer available to Zanonz and in such a case, Zanonz may use its sole discretion to adjust the User price accordingly. You will still be able to log in to the CMS to re-adjust to the pricing from available tiers.
You acknowledge and accept that Zanonz may receive payment, if any, for your downloaded Content from the applicable App Store after deductions of the App Store commission and other sums of deductions or adjustments, for example; taxes that the App Store deems applicable, such as in the event that the sale or delivery of any of your Content is subject to any sales, use, goods and services, value added, or other similar tax or levy, under applicable law; foreign exchange differences. You accept that Zanonz is subject to the policies of the App stores, terms and conditions of which can be obtained from them.
You acknowledge and accept that further taxes may be applicable to the monies received by Zanonz, as a consequence of its UK domicile.
Zanonz shall be entitled to commission in consideration for its services as your agent or commissionaire. For sales of your Content, Zanonz shall entitled to a commission equal to fifty percent (50%) of the net revenue it receives from the App Store operators, after their deductions of commissions, taxes and any withholding of taxes by Zanonz. You are responsible for managing and paying any and all taxation of the income received from Zanonz.
Your share of revenues will be accumulated by Zanonz in your account and when it reaches a specific quantum, will be disbursed to the bank account specified in your account. Any and all bank charges associated with the transfer of monies are for you to pay. Currently, the quantum is £50 (Fifty Pounds Sterling) at Zanonz’s sole discretion.
USER PURCHASE OF CONTENT
When, as a Zanonz App user, you download Content for which the submitter requires a fee to be paid (Paid Services), the price stated will be that declared by the Store operator (e.g. Google or Apple) and any fee will be collected by them. Zanonz acts as a commissaire or agent for the Content submitter and will receive commission so as to pay for the provision of the Service.
Certain types of Paid Services may require you to use a device that meets the system and compatibility requirements for such Paid Service, which may change from time to time. Please check the ZanonZ.com or the appropriate App Store for details.
7. General Points
Zanonz permits you to access and use the Service subject to the following conditions;
You accept that compatibility between various systems and applications within the multi-room ecosystem cannot be guaranteed, now or in the future. You accept that what is considered normal operation of such systems may be adversely affected by your use of the Service. Examples of minor artefacts may be a leftover announcement filename, or playback that does not automatically resume.
You acknowledge that the Zanonz Service offers features that may not be available through services or applications provided by or officially endorsed by other application providers, including the supplier of the multi-room audio system.
As the owner of your multi-room audio system hardware, or as a user authorised by the system owner and in recognition and acceptance of potential detrimental artefacts, you nevertheless wish to exercise your consumer choice to use the Zanonz Service to deliver additional desirous features.
The Zanonz Service makes use of Text-To-Speech engines from various suppliers. The premium service is voice enabled by Acapela.
You accept the following;
That the reproduction of a human voice is a complex process.
State of the Art does not permit the reproduction of a perfectly natural sounding voice.
Perception of voice quality is totally subjective and is not warranted by Zanonz.
That you will not save, record, transcode, reproduce, distribute any Content created by the Text-to-Speech engines.
8. Conflict Resolution
DISPUTE RESOLUTION -- VENUE. The Terms, and your relationship with Zanonz under these Terms, shall be governed by English law and you agree that any dispute connected with the Services shall be resolved exclusively in England. You agree to waive any and all objections to this choice of venue. Notwithstanding this, you agree that Zanonz shall still be allowed to apply for injunctive remedies (or other equivalent types of urgent legal remedy) in any jurisdiction.
NO CLASS ACTIONS. You agree that you will only sue us as an individual in any dispute connected with the Services. You agree that you will not file a class action, or participate in a class action. You agree that you will not join any claim you may have against us with the claim of any third party.
NO JURY TRIAL; BINDING ARBITRATION. You agree to waive your right to a jury trial, and submit any dispute relating to the Services to binding arbitration. You and we agree that at the election of either party, any dispute connected with Services between us may be sent to binding individual arbitration to be administered by an arbitration company specified by Zanonz at its sole discretion.
STANDARD OF CARE. You agree that our sole obligation to you in connection with the Services is to provide the Services as-is. You agree that unless we do something that is grossly negligent or an act of wilful misconduct in connection with the Services, we will not be liable to you or to any third party.
LIMITATIONS ON LIABILITY. If, for any reason, we are judged liable to you connected with Services, you agree that your recovery will be limited to your actual damages, measured by actual out-of-pocket economic loss. You agree that you will not ask for any consequential, special, punitive or exemplary damages, indirect or lost profits, or loss of goodwill, business reputation, opportunity or data. You agree that even if you request these types of damages, a court or arbitrator cannot award them to you. You understand and agree that the price of these Services would be significantly higher but for these limitations on liability. This limitation on liability shall not be construed to apply to any damages or other substantive remedies available via statute.
WE'RE NOT RESPONSIBLE FOR ALL CIRCUMSTANCES. You also agree that we are not responsible for anything beyond our control. For example, we are not liable: for Service interruptions caused by problems with the communications network; for problems caused by any Internet service provider; for your computer or its programs failing; for the acts of criminal attackers, whether in real-time or automated (e.g., viruses); other technologically harmful material that may infect your computer equipment, computer programs, data or proprietary material due to your use of the Websites or Apps or to your downloading of any content on it, or on any website linked to it; or for errors in information provided to us upon which we reasonably rely. These are only examples. We assume no responsibility for the content of websites linked on the Websites or Mobile Apps. Such links should not be interpreted as endorsement by us of those linked websites. We will not be liable for any loss or damage that may arise from your use of them.
9. Termination
TERMINATION BY US. We reserve the right to terminate this Agreement, in our sole discretion. We may terminate this Agreement prior to sending any written notification. When these Terms come to an end, all of the legal rights, obligations and liabilities that you and Zanonz have benefited from, been subject to (or which have accrued over time whilst the Terms have been in force) or which are expressed to continue indefinitely, shall be unaffected by this cessation.
10. Contact Information
If you have any questions, comments, or concerns about our Services or Terms you may contact us at serviceterms@zanonz.co.uk