Terms of Service

Last Modified: 29 June 2020

I. Confirmation and Acceptance

1. Welcome to Zynn, including the Zynn applications and related websites and services (collectively, "Zynn" or the "Services"), which are provided by Owlii Inc. ("we," "us," or "Company"). These Terms of Service (these "Terms") create a binding agreement between you ("you") and us governing your use of Zynn.

IF YOU DOWNLOAD, INSTALL, ACCESS, AND/OR USE ZYNN, YOU WILL BE DEEMED TO ACCEPT AND BE BOUND BY THESE TERMS AND ANY DOCUMENTS OR ADDITIONAL TERMS INCORPORATED HEREIN. YOU MUST CAREFULLY READ THESE TERMS, THE PRIVACY POLICY, AND COMMUNITY GUIDELINES BEFORE DOWNLOADING, INSTALLING, ACCESSING, OR USING ZYNN. IF YOU DO NOT AGREE WITH OR ACCEPT THE TERMS, THE PRIVACY POLICY, AND THE COMMUNITY GUIDELINES YOU MUST NOT DOWNLOAD, INSTALL, ACCESS, OR USE ZYNN.

2. THESE TERMS CONTAIN A PROVISION THAT GENERALLY REQUIRES THE USE OF ARBITRATION ON AN INDIVIDUAL BASIS TO RESOLVE DISPUTES, RATHER THAN CLASS ACTIONS, AND ALSO LIMTS THE REMEDIES AVAILABLE TO YOU IN THE EVENT OF A DISPUTE. PLEASE SEE SECTION VIII BELOW FOR MORE INFORMATION.

3. By accepting these Terms, you hereby represent and warrant that you are of a legal age to form a binding contract with Company and meet all of the eligibility requirements set forth herein. If you do not meet all of these requirements, you must not download, install, access, or use Zynn.

4. If you are using the Services on behalf of a business or entity, whether in part or in whole, then you agree, represent and warrant that (a) "you" and "your" includes you and the business or entity that you represent, (b) you are duly authorized by such business or entity to agree on its behalf and bind such business or entity to these Terms; and (c) the business or entity is legally responsible for your use of our Services as well as for use of your Account (whether by you or anyone else, whether or not authorized by your business or entity).

5. In order to provide better service, we may amend and/or update these Terms from time to time in our sole discretion, with or without providing prior notice to you. All amendments and updates shall become effective immediately at the time of posting online and apply to all access and use of Zynn thereafter. You should review these Terms regularly so you are aware of any changes, as they are binding on you. If you do not agree with or accept the updated terms, you must discontinue use of Zynn. You will be deemed to accept the updated Terms if you continue to use Zynn after the time updated Terms are posted.

II. Registration and Use

1. Your Eligibility

ZYNN IS NOT AVAILABLE TO CHILDREN WHO ARE UNDER THE AGE OF THIRTEEN (13). Zynn is not directed to children under 13 and they are prohibited from participating. If you are between the ages of 13 and 18, you should get the consent of your parent, representative or guardian before you create an account and agree to these Terms.

2. Account Registration

(a) To access or use some features of Zynn, you may be asked to provide certain registration details or create an account ("Account"). You can log in to Zynn through the username and the password provided by us or created by you.

(b) By creating an Account, you undertake to and shall provide true, accurate, current, and complete information as we request, and shall at all times keep such information current and complete. You agree that all information you register with Zynn or otherwise provide to us, including, but not limited to, information provided through the use of any interactive features on Zynn, is governed by our Privacy Policy, and you consent to all actions we take with respect to your information consistent with our Privacy Policy.

(c) By creating an Account and participating in activities on Zynn, you agree that those activities are governed by these Terms and our Rules of User Activities, which could be accessed through the activities pages on Zynn and incorporated by reference into these Terms.

3. Account Safety and Management

(a) If you choose, or are provided with, a username, password, or any other piece of information as part of our security procedures, you must treat such information as confidential, and you must not disclose it to any other person or entity.

(b) You also acknowledge that your account is personal to you. You shall not buy, sell, or transfer any aspect of your account (including your username) and you must not provide any other person with access to the Services or portions of it using your username, password, or other security information. You shall notify us immediately of any unauthorized access to or use of your user name or password or any other breach of security related to your Account. You are responsible for all activity (whether or not authorized by you) in connection with your Account, including but not limited to online signature of agreements, purchase of products and/or services, as well as release or disclosure of information. Therefore, you are advised to log out of your account at the end of each session.

4. Account Deactivation and Suspension

(a) By You. You can deactivate your Account by notifying and asking us to take measures to suspend the login and use of your Account. In connection with such request we may require you to provide valid identifying information that is consistent with the registered identity information. We have the right to refuse your request if such information is not provided.

(b) By Us. We reserve the right to suspend, block, or terminate your Account at any time, immediately, without notice to you, including if you have failed to comply with any of the provisions of these Terms, if activities occur on your account which, in our sole discretion, would or might cause damage to or impair the Services or infringe or violate any third party rights, or violate any applicable laws or regulations, or if we believe in good faith that such action is reasonably necessary to protect the personal safety or property of Company or third parties.

(c) Inactivity. Further, if your Account has not been used for more than 6 months, we reserve the right to suspend, close, retrieve or replace your Account, or delete or de-identify all records (including but not limited to registration information, Virtual Items, etc.) associated with your Account.

(d) Retrieval of User Material. Zynn is not a storage service. If you choose to deactivate your Account or your account is terminated by us for any reason, you will not be able to reactivate your Account or retrieve any of the content or information associated with your Account. As a result, we recommend that you separately save copies of any User Content or other information associated with your Account that you wish to retain, e.g., on your personal device.

III. Instructions of Conduct

1. You are solely responsible for compliance with any and all laws, rules, regulations, and tax obligations that may apply to your use of Zynn. You shall not upload, download, send or transmit sensitive information or information in violation of applicable laws and regulations (including, without limitation, any laws regarding the export of data or software to and from the US or other countries), or otherwise use Zynn for purposes of:

(a) inciting ethnic hatred or ethnic discrimination and undermining ethnic solidarity;

(b) spreading rumor, disturbing social order and undermining social stability;

(c) spreading or otherwise justifying obscenity, illegal gambling, violence, homicide, bodily injury, terror, instigating the crime or encouraging to commit any of the above, or other actions that pose a threat to people’s lives or health, or violent or cruel actions towards people or animals;

(d) insulting or slandering other people and infringing other people's legal rights and interests;

(e) distributing works not created by you which may infringe or otherwise violate the copyright, patent, trademark, trade secret, copyright or other intellectual or proprietary rights of third parties;

(f) exploiting harming, or attempting to exploit or harm minors in any way by exposing them to inappropriate content, asking for personally identifiable information, or otherwise;

(g) spreading information on the methods of manufacturing and use of drugs, psychotropic substances and their precursors or encouraging use of any of them;

(h) spreading information on methods of committing suicide, as well as calls for suicide;

(i) demonstrating sexual acts or containing pornographic content;

(j) containing libelous, abusive, intimidating, vulgar or obscene language;

(k) impersonate Company, a Company employee, another user, or any other person or organization, falsely claim to hold credentials, qualifications, or licenses, or otherwise to be connected with any person or entity, including (including, without limitation, by using email addresses or Account information associated with any of the foregoing).

(l) use the Services for any unauthorized commercial or promotional purposes, including without limitation, spamming, unsolicited or unauthorized advertisements, publicity materials, promotional materials or any other commercial communications;

(m) engage in any other conduct that restricts or inhibits anyone's use or enjoyment of the Service, or which, as determined by us, may harm Company or users of the Service, or expose them to liability;

(n) engage in any illegal or potentially illegal activities or transactions, including teaching people how to commit crimes, selling any illegal drugs, money laundering or committing fraud. We will closely monitor such acts and reserve the right to investigate any illegal activity and cooperate with competent law enforcement authorities by means of including, but not limited to, conducting investigation and evidence collection, and providing the identity information and evidence of illegal activities to law enforcement authorities; or

(o) sending, knowingly receiving, uploading, downloading, using, or re-using any material that does not otherwise comply with our Community Guidelines.

2. You shall not:

(a) use or exploit any of Company’s intellectual property rights (including Company’s trademark, brand, logo, any other proprietary information or the layout or design of any page), or otherwise infringe on any of Company’s intellectual property rights (including attempting to reverse engineer Company’s client or software used); imitate Zynn appearance design and functions; collect or process content made available through Zynn by using any automatic program, software, engine, web crawler, web page analytics tool, data mining tool or similar tools; decompile, reverse compile or reverse engineer any of software used by Zynn or seek to do any of the foregoing determine or attempt to determine any source code, algorithms, methods or techniques embodied by the Services or any derivative works thereof;

(b) distribute materials containing viruses, network worms, Trojan horse viruses, corrupted files or other malicious codes or items that disturb, destroy or restrict the functions of computer software, hardware or communication devices, Zynn, servers and networks connected with Zynn;

(c) without our written consent, distribute, license, transfer, or sell, in whole or in part, any of the Services or any derivative works thereof;

(d) market, rent or lease the Services for a fee or charge, or incorporate the Services or any portion thereof into any other program or product;

(e) create multiple Accounts for disruptive or abusive purposes, or maliciously upload large amounts of repetitive and invalid data and information;

(f) engage in any actions disturbing the proper normal order of the application, such as disruption of our website or any networks connected to the Services, bypassing any measures we may use to prevent or restrict access to the Services, trading reviews with other users or writing or soliciting fake reviews, proactive or passive score cheating, collaborative cheating, using plug-ins, other cheating software or bugs to obtain improper illegal interests, or leveraging the Internet or otherwise to bring plug-ins, cheating software and bugs to the public; or

(g) make any use of the "Zynn" brand or claim any relationship to Zynn, such as making a statement that any content is "in partnership with Zynn" and "co-produced with Zynn" via any channel or media.

3. You hereby acknowledge and agree that we may (a) disclose your identity or other information about you to any third party who claims that User Content (defined below) posted by you violates their rights, including their intellectual property rights or their right to privacy or (b) take appropriate legal action, including without limitation, referral to law enforcement, for any illegal or unauthorized use of the Service. Without limiting the foregoing, you acknowledge and agree that we have the right to cooperate fully with any law enforcement authorities or court order requesting or directing us to disclose the identity or other information of anyone posting any materials on or through Zynn. YOU HEREBY WAIVE AND HOLD HARMLESS COMPANY AND ITS AFFILIATES, LICENSEES, AND SERVICE PROVIDERS FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY ANY OF THE FOREGOING PARTIES DURING, OR TAKEN AS A CONSEQUENCE OF, INVESTIGATIONS BY EITHER SUCH PARTIES OR LAW ENFORCEMENT AUTHORITIES.

4. The information presented on or through Zynn is for general information purposes only. We make no warranties and/or guarantees that any content provided by or through Zynn is accurate, complete or up to date. Any of the information on Zynn may be out of date at any given time, and we are under no obligation to update such information. The Service may display content that is not produced or owned by Company. You agree that accessing and viewing such content is at your own risk. We have the right, but not the obligation, to review, monitor, examine, and verify the content uploaded or published by you or other users for compliance with applicable laws and regulations, requirements of competent governmental authorities, these Terms and our policies. If we, in our sole discretion, believe that any content does not comply with applicable laws and regulations, requirements of competent governmental authorities, these Terms or our policies, we reserve the right to take any measures to address this, including without limitation, to remove or refuse to display such content. All statements and/or opinions expressed in these materials, and all articles and responses to questions and other content, other than the content provided by Company, are solely the opinions and the responsibility of the person or entity providing those materials. These materials do not necessarily reflect the opinion of Company. We are not responsible, or liable to you or any third party, for the content or accuracy of any materials provided by any third parties.

IV. Commercial Behaviors

1. You understand and hereby agree that we may generate revenue and value from your use of Zynn including, without limitation, through our sales of advertisement, broadcasting services, cooperation with third parties, etc. Subject to these Terms, our express written consent and/or another agreement with you, you agree that you:

(a) are not entitled to share such revenue and/or value generated by us in connection with your use of Zynn;

(b) are not entitled to receive any payment and/or other consideration from us in connection with your use of Zynn; and

(c) are not entitled to engage in activities to monetize any content you upload to Zynn, including without limitation, publish advertisements in violation of these Terms.

2. Company may provide formal and special channels to publish advertisements through Zynn. You are prohibited from publishing commercial information (including but not limited to any advertising materials, sales materials, etc.) on Zynn other than through Zynn’s formal and special channels.

3. You acknowledge and agree that we may publish commercial advertisements or any other types of commercial information (including but not limited to publish advertisements on any pages of Zynn) visible to you through the Service and you agree and authorize Company to send you, including by autodialer or prerecorded message, account-related calls and text messages at the mobile phone number provided at registration.

4. If Zynn contains links to other sites and resources provided by third parties, these links are provided for your convenience only. This includes links contained in advertisements. We have no control over the content of those sites or resources, and accept no responsibility for them or for any loss or damage that may arise from your use of them. If you decide to access any of the third-party websites linked to Zynn, you do so entirely at your own risk and subject to the terms and conditions of use for such websites.

V. Offers and Incentive Program

1. From time to time we may offer limited-time promotions or other offers ("Incentive Programs") through which you may obtain Virtual Items. "Virtual Items" means virtual currency, including without limitation virtual coins, cash, tokens, or points, all for use in Zynn. You irrevocably acknowledge and agree that we have the absolute right, in our sole discretion, to manage, modify, update and/or cancel, in whole or in part any Incentive Program at any time, including on an individual case basis.

2. You acknowledge and agree that we are entitled, but not obligated, to request information to verify your identity and your eligibility for particular offers or Incentive Programs.

3. You acknowledge and agree that you do not own any Virtual Items that you obtain through Zynn, regardless of whether you "earned" those Virtual Items or "purchased" them. Your Account and any related Virtual Items are owned by Company. Company gives you a limited license and right to use your Account and the related Virtual Items while we offer the Services. You are not allowed to transfer Virtual Items outside of Zynn, for example by selling, gifting, or trading them and they are not otherwise transferable (e.g., upon death, as part of a domestic relations matter, or otherwise by operation of law). You are not allowed to sublicense, trade, sell, or attempt to sell Virtual Items for "real" money, or exchange Virtual Items for value of any kind outside of Zynn. Any such transfer or attempted transfer is prohibited and void. Upon suspension or termination of your Account, all Virtual Items are also suspended or terminated. We are not required to provide refunds, benefits, or other compensation to you in connection with any discontinued elements of the Service or for Virtual Items previously earned or purchased.

VI. Intellectual Property Rights and User Content

1. Zynn and its entire contents, features, and functionality (including but not limited to all software, displays, graphics, illustrations, logos, and the design, selection, look and feel, and arrangement thereof) are owned by Company, its licensors, or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws. Using our Service does not give you ownership of any intellectual property rights in the Services or the content you access, including content provided by Company or other users. You may not use content from the Services unless you obtain permission from its owner or are otherwise permitted by law. You shall not remove, obscure, or alter any legal notices displayed in or along with the Services. Company hereby grants to you a non-exclusive, limited, non-transferable, non-sublicensable, revocable, worldwide license to access and use the Services, solely for your personal, non-commercial use and solely in compliance with these Terms. We reserve all rights not expressly granted herein.

2. You may be permitted to post, submit, publish, display, or transmit to other users or other persons content or materials, including text, words, pictures, videos, audio, whether musical works or non-musical works, live shows etc.) (collectively, "User Content"). All User Content must comply with our Community Guidelines.

3. You hereby grant Company and our affiliates and service providers, and each of their and our respective licensees, successors, and assigns a worldwide, royalty-free, non-exclusive, sub-licensable, transferable and perpetual license to (a) display the User Content within the Service; (b) allow other users to view, access, play and download the User Content subject to our Privacy Policy; (c) authorize other users to use, modify, adapt, reproduce, make derivative works of, publish and/or transmit your User Content in any format and on any platform, either now known or hereinafter invented; (d) otherwise use, host, store, reproduce, modify, create derivative works (such as those resulting from translations, adaptations or other changes we make so that your content works better with our Service), communicate, publish, publicly perform, publicly display, distribute, or otherwise disclose to third parties User Content (including for commercial purposes such as promotion of Zynn), and (e) use your user name, image, voice, and likeness to identify you as the source of any of your User Content and you hereby waive any and all rights of privacy, publicity, or any other rights of a similar nature in connection with your User Content.

4. The Service may include functionality that allows a user to extract all or any part of User Content, for example to produce additional User Content, and such functionality may or may not be subject to in-app prior approval from the original user. If you choose to transmit or upload User Content to another platform or website operated by a third party, you shall do so in compliance with these Terms and any applicable user agreement of such other platform or website.

5. You acknowledge and agree that User Content will be considered non-proprietary and non-confidential. You must not upload or transmit any User Content that you consider to be proprietary or confidential. The Service may include functionality that allows you to control to what extent your User Content is publicly available, whether to all other users, a select group of users, or only to yourself, however such features and functions may not be available to all users.

6. You acknowledge and agree that we have the right to remove or refuse to display any User Content for any reason or no reason in our sole discretion, or take any action with respect to any User Content that we deem necessary or appropriate in our sole discretion, including if we believe that such User Content violates these Terms, including our Community Guidelines, infringes any intellectual property right or other right of any person or entity, threatens the personal safety of users of the Services or the public, or could create liability for Company or any other user. Notwithstanding the foregoing, we cannot and do not undertake to review all User Content before it is posted on Zynn, and cannot ensure prompt removal of objectionable material after it has been posted. Accordingly, we assume no liability for any action or inaction regarding transmissions, communications, or content provided by any user or third party. We have no liability or responsibility to anyone for performance or nonperformance of the activities described in this section.

7. If you believe that any User Content violates your copyright, please see our Copyright Policy for instructions on sending us a notice of copyright infringement. It is the policy of the Company to terminate the user accounts of repeat infringers.

8. You hereby acknowledge and agree that any feedback, suggestions, advice, or ideas for improvement, modification or additional features with respect to the Services (collectively "Feedback") is provided on a non-confidential basis and we may use your Feedback for any purpose without any restrictions or obligation to compensate you.

VII. Liabilities

1. You agree to defend, indemnify, and hold harmless us, our parent companies, subsidiaries, licensors, service providers, and our and their affiliates, and each of our respective officers, directors, employees, agents and advisors from any and all claims, liabilities, costs, and expenses, including, but not limited to, attorneys' fees and expenses, arising out of your violation of these Terms or your use of the Service, including, but not limited to, your User Content, any use of Zynn’s content, services, and products other than as expressly authorized in these Terms, or your use of any information obtained from Zynn.

2. You understand and agree that we cannot and do not guarantee or warrant that content or other files available for downloading from the internet or the Service will be free of viruses or other destructive code. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to the Service for any reconstruction of any lost data. TO THE FULLEST EXTENT PROVIDED BY LAW, WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES, OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER, MOBILE DEVICE, EQUIPMENT, COMPUTER PROGRAMS, DATA, OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF ZYNN OR ITEMS OBTAINED THROUGH ZYNN OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY WEBSITE OR APPLICATION LINKED TO IT.

3. YOUR USE OF ZYNN, ITS CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH ZYNN IS AT YOUR OWN RISK. ZYNN, ITS CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH ZYNN ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER COMPANY NOR ANY PERSON ASSOCIATED WITH COMPANY MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY, OR AVAILABILITY OF THE SERVICE. WITHOUT LIMITING THE FOREGOING, NEITHER COMPANY NOR ANYONE ASSOCIATED WITH COMPANY REPRESENTS OR WARRANTS THAT ZYNN, ITS CONTENT, OR ANY SERVICES OR ITEMS OBTAINED THROUGH ZYNN WILL BE ACCURATE, RELIABLE, ERROR-FREE, OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT ZYNN OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT ZYNN OR ANY SERVICES OR ITEMS OBTAINED THROUGH ZYNN WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.

4. TO THE FULLEST EXTENT PROVIDED BY LAW, COMPANY HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, AND FITNESS FOR PARTICULAR PURPOSE. THE FOREGOING DOES NOT AFFECT ANY WARRANTIES THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

5. To the fullest extent permitted by law, you acknowledge and agree that any claim or dispute you have with any other third party in connection with the Services is between you and such third party and you irrevocably agree to release and hold harmless us from any and all claims, demands and/or damages arising out of such claim or dispute.

6. TO THE FULLEST EXTENT PROVIDED BY LAW, IN NO EVENT WILL (A) COMPANY, ITS AFFILIATES, OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE OR ACCESS, OR INABILITY TO USE OR ACCESS ZYNN, ANY WEBSITES OR APPLICATIONS LINKED TO IT, ANY CONTENT ON ZYNN OR SUCH OTHER WEBSITES OR APPLICATIONS, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT, OR OTHERWISE, EVEN IF FORESEEABLE; OR (B) THE COLLECTIVE LIABILITY OF COMPANY AND ITS SUBSIDIARIES AND AFFILIATES, AND THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, AND DIRECTORS, TO ANY PARTY (REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT, OR OTHERWISE) EXCEED THE GREATER OF (I) THE AMOUNT THE COMPANY HAS ACTUALLY PAID TO YOU IN THE TWELVE MONTHS PRIOR TO THE EVENT GIVING RISE TO THE LIABILITY FROM YOUR USE OF ZYNN, OR (II) USD$100.00. THE FOREGOING DOES NOT AFFECT ANY LIABILITY THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

VIII. Arbitration; Applicable Laws and Jurisdiction

1. Except as provided below, you and we agree that any cause of action, legal claim, or dispute between you and us arising out of or related to these Terms ("claim(s)") must be resolved by arbitration on an individual basis. Class actions and class arbitrations are not permitted; you may bring a claim only on your own behalf and cannot seek relief that would affect other Zynn users. If there is a judicial determination that any particular claim cannot be arbitrated in accordance with this provision's limitations, then only that claim may be brought in court. All other claims remain subject to this provision.

2. Instead of using arbitration, you or we can bring claims in your local "small claims" court, if the rules of that court will allow it. If you don't bring your claims in small claims court (or if you or we appeal a small claims court judgment to a court of general jurisdiction), then the claims must be resolved by binding, individual arbitration. The American Arbitration Association will administer all arbitrations under its Consumer Arbitration Rules. You and we expressly waive a trial by jury.

3. The following claims will not have to be arbitrated and may be brought in court: disputes related to intellectual property (like copyrights and trademarks), violations of our Community Guidelines, or efforts to interfere with the Service or engage with Zynn in unauthorized ways.

4. This arbitration provision is governed by the Federal Arbitration Act.

5. You can opt out of this provision within thirty (30) days of the date that you agreed to these Terms. To opt out, you must send your name, residence address, username, email address or phone number you use for your Zynn account, and a clear statement that you want to opt out of this arbitration agreement, and you must send them to reports@zynnvideo.com.

6. Before you commence arbitration of a claim, you must provide us with a written Notice of Dispute that includes your name, residence address, username, email address or phone number you use for your Zynn account, a detailed description of the dispute, and the relief you seek. Any Notice of Dispute you send to us should be sent to reports@zynnvideo.com. Before we commence arbitration, we will send you a Notice of Dispute to the email address you use with your Zynn account, or other appropriate means. If we are unable to resolve a dispute within thirty (30) days after the Notice of Dispute is received, you or we may commence arbitration.

7. We will pay all arbitration filing fees, administration and hearing costs, and arbitrator fees for any arbitration we bring or if your claims seek less than $75,000 and you timely provided us with a Notice of Dispute. For all other claims, the costs and fees of arbitration shall be allocated in accordance with the arbitration provider's rules, including rules regarding frivolous or improper claims.

8. For any claim that is not arbitrated or resolved in small claims court, you agree that it will be resolved exclusively in the U.S. District Court for the Northern District of California or a state court located in San Mateo County. You also agree to submit to the personal jurisdiction of either of these courts for the purpose of litigating any such claim.

9. The laws of the State of California will govern these Terms and any claim, without regard to conflict of law provisions.

10. ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THESE TERMS OF USE OR THE WEBSITE MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES; OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.

11. Should any provision of this Agreement be held to be void, invalid or unenforceable, such provision shall be deemed to be severable and shall not affect the validity and enforceability of the remaining provisions of this Agreement. The invalidity, illegality or unenforceability of all or any part of any provision of the Terms shall not effect or impair such part or provision or any other provisions of the Terms in any other jurisdiction.

IX. Miscellaneous

1. You agree that any notices or other communications we send to you may be provided electronically, and will satisfy any legal requirement that they be delivered in writing. You may have the right to withdraw your consent to receiving certain electronic communications, and, when required by law, we will provide you with paper copies of all documents and records upon request. You may do so by contacting us at the contact information in Section XII below. If you withdraw your consent to receive legally required notices or communications from us electronically, we reserve the right to terminate your account. Also, if you withdraw your consent to receiving certain electronic communications, such as marketing communications, that does not impact our ability to send you other types of electronic communications. To receive or access the notices we may send you, such as via email or through our app, you must have Internet access and a computer or device with a compatible web browser or capable of downloading our app. To retain the notices we send your device or computer must have the ability to download and store electronic communications. By accepting these terms, you verify that you are able to receive, access, and retain the notices we may send.

2. The failure of either you or us to exercise or enforce any right or provision of these Terms will not constitute a waiver of such right or provision. Any waiver of any provision of these Terms will be effective only if in writing and signed by the relevant party.

3. If any provision of these Terms is held by a court or other tribunal of competent jurisdiction to be invalid, illegal, or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of these Terms will continue in full force and effect.

4. Upon termination of these Terms, any provision which, by its nature or express terms should survive, will survive such termination or expiration.

5. These Terms, our Privacy Policy, Copyright Policy, our Community Guidelines and any other terms referenced herein constitute the sole and entire agreement between you and Company regarding the Service and supersede all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, regarding the Service.

X. Questions

If you have questions about these terms you may contact us at reports@zynnvideo.com.