Zhura Terms of Use
Zhura Corporation ("Zhura" or "we") provides the services available on the www.zhura.com website and other related websites (collectively, the "Zhura Website") to visitors to, and members of, the Zhura Website (collectively, "User" or "You"), subject to the following Terms of Use. By using the Zhura Website, You agree to be bound by these Terms of Use. These Terms of Use incorporate the Zhura Privacy Policy posted on the Zhura Website. Please read these Terms of Use carefully. If You do not agree with these Terms of Use, please do not use the Zhura Website.
About Zhura
Zhura provides comprehensive tools for scriptwriting as well as a community for creators of scripts, sketches, original audio-visual, and other content. We encourage collaboration.
Definitions:
“Collaborator” means any Member of Zhura who modifies a Project in a Group Area or Public Area on the Zhura Website.
“Community” means an area on Zhura where Members may place and maintain profiles and resume information.
“Content” means, collectively, any contributions of creative work, whether in the form of text, audio-visual works, images, or otherwise.
“Group Area” means an area on the Zhura Website where Content can be stored and accessed only by the creator of the Group or invitees to the Group.
“Group Area Content” means Content placed only in a designated Group Area, for which special rules and conditions apply under these User Terms of Use and as determined by Zhura from time to time.
“Member” means any registered user of Zhura.
“Originator” means the Member of Zhura who provides the original written work for any given Project on the Zhura Website.
“Personal Area” means an area on the Zhura Website where content may be stored for review and editing. This area is intended to serve as a Members’ private workspace, and is not accessible by other Members.
“Personal Area Content” means Content specifically designated by a Member to be placed in the Personal Area, for which specific rules and conditions apply under these User Terms of Use and as determined by Zhura from time to time.
“Public Area” means an area on the Zhura website where Content is available for public viewing, and is subject to a particular Creative Commons License as designated by the Originator.
“Public Area Content” means Content specifically designated by a Member to be placed in the Public Area, for which specific rules with conditions apply under these User Terms of Use and as determined by Zhura from time to time.
“Services” means access to and/or participation in the Projects and related services offered on the Zhura Website.
“Users” means collectively Members and Visitors.
“Visitor” means anyone who accesses the Zhura Website without logging in as a Member.
Eligibility
Zhura is intended solely for Users who are thirteen (13) years of age or older, and any registration by, use of, or access to the Website by anyone under the age of 13 is unauthorized, unlicensed, and in violation of these Terms of Use. By using the Zhura Website, You represent and warrant that You are 13 or older, and further, that You agree to abide by all of the terms and conditions of this Agreement. If You are under 18, you affirm that you are either an emancipated minor or possess legal parental or guardian consent to access and use the Zhura Website. Zhura may terminate Your account, project, and any Content or information that You have posted on the Website and/or prohibit You from using or accessing the Website for any reason, at any time in its sole discretion, with or without notice, including without limitation if it believes that You are under 13.
No payments of any kind shall be due to a Member from or on behalf of Zhura.
User Registration
In order to use the Zhura Services, You must register. In consideration for use of, and access to, the Zhura Website, in registering, and providing data, You represent and warrant that: (a) You have read and will abide by these Terms of Use and the Zhura Privacy Policy, which are subject to change upon posting to the Zhura Website without further notice; (b) the personally-identifiable information You chose to provide about Yourself is true, accurate, current, and complete as required by various Zhura registration forms (“Registration Data”); and (c) You will maintain and promptly update the Registration Data to keep it true, accurate, current, and complete. If You provide any information that is untrue, inaccurate, not current or incomplete, or Zhura has reasonable grounds to suspect that such information is untrue, inaccurate, not current, or incomplete, Zhura has the right to suspend or terminate Your account, delete Your projects, and refuse any and all current or future use of the Services. Zhura expects Users to be polite and respectful in their interactions with other Users. Users agree not to engage in hate speech or use abusive or defamatory language on the Zhura Website.
You are responsible for all activities that occur under Your account. You agree to notify Zhura immediately of any unauthorized use of Your account or any breach of security with respect to Your account. Zhura will not be liable for any loss that You may incur as a result of someone else using Your account, either with or without Your knowledge. In addition, You may be held liable for any losses incurred by Zhura or another party due to someone else using Your account. You may not use anyone else’s account at any time.
All Zhura registrations become the exclusive property of Zhura, its affiliates, successors in interest, and subsidiaries. Zhura reserves the right to use and reuse all Registration Data and other personally identifiable user information subject to the Zhura Privacy Policy. By using the Zhura Website, You acknowledge receipt and acceptance of the Zhura Privacy Policy.
Guidelines
Zhura requires that You adhere to generally accepted rules of etiquette and standards of behavior, including any Community Guidelines that may be posted to the Zhura Website (and which are specifically incorporated herein by reference, and which may change at any time upon posting to the Zhura Website without further notice), and You agree that Your use of the Zhura Website and Services reflect Your respect for the legal rights of other Zhura Users. Zhura reserves the right to remove any Content from the Zhura Website in its sole discretion and without prior notice. Zhura also reserves the right to terminate a User's access to the Zhura Website at any time in Zhura's sole discretion and without prior notice.
Prohibited Activities
The following are prohibited activities which could lead to the termination of a User account:
- Users may not engage in so-called “bandwidth stealing” activities, intentional attempts to fill server disk space, or other unauthorized activity. Zhura reserves the right to use any technological means at its disposal to monitor, diagnose, prevent, and/or act against such activity.
- Users may not create fraudulent User accounts, projects, or content that are not bone fide attempts to build and interact with the Zhura community. This includes creating and/or posting general advertisement unrelated to the Zhura community or a User project without Zhura’s express authorization.
- Users may not display or send unsolicited advertising, promotional material, or other forms of solicitation to other Members or any third-party. It shall be in Zhura’s sole discretion to determine what constitutes advertising, promotional material or solicitation.
- Users may not employ methods of speculation/cybersquatting/reselling in order to sell or trade User and/or project names. Users can only create user and project names that are specific to an endeavor the User legitimately intends to pursue.
No Unlawful Use
You agree not to use the Zhura Website for any purpose that is unlawful or prohibited by these Terms of Use or Community Guidelines. You may not use the Zhura Website in any manner that could damage, disable, overburden, or impair any Zhura server, or the network(s) connected to any Zhura server, or interfere with any other party's use and enjoyment of the Zhura Website, such as by uploading files containing viruses. You may not attempt to gain unauthorized access to any portion of the Zhura Website, other accounts, computer systems, or networks connected to any Zhura server, through hacking, password or data mining, spidering, reverse engineering, or any other means. You may not obtain or attempt to obtain any Content through any means not intentionally made available to You on the Zhura Website. You represent and warrant that any Content You contribute shall not be defamatory, nor shall it violate anyone's right of privacy or publicity, not shall it infringe any copyright, trademark, patent, or other personal or proprietary right of any person or entity. You will obtain releases, consents, and permissions for use of all materials, trademarks, content, and persons depicted or included in any Content you contribute.
User Disputes
You are solely responsible for your interactions with other Users. Zhura reserves the right, but shall have no obligation, to monitor disputes between You and other Users.
Zhura's Intellectual Property Rights
The Zhura Website, except all Content, including without limitation, the text, software, scripts, graphics, photos, sounds, music, videos, interactive features and the like, and the trademarks, service marks and logos contained therein ("Marks"), are owned by or licensed to Zhura, subject to trademark, copyright, and other intellectual property rights under United States and foreign laws and international conventions.
Intellectual Property Rights for Personal Area Content
A Member retains any copyright interest he or she may have had in Content the Member owned at the time it entered the Personal Area. In the event that the applicable Content was copied out of a Group Area, ownership and rights in that Content are subject to any agreement as determined by the Members of the Applicable Group (see below). In the event that the Content is originated in the Member’s Personal Area, it’s copyright is owned by that Member (unless the Member has otherwise agreed in writing).
Intellectual Property Rights for Group Area Content
The Originator who is a Group Area Member retains the copyright in the applicable Group Area Content. The Originator (and not Zhura) is tasked with the responsibility of making sure that Collaborators come to agreement on copyright ownership, revenue share, artistic control, and all other issues. Any Member of the applicable Group may modify the Group Area Content.
You hereby license to Zhura the worldwide, irrevocable, non-exclusive, perpetual right to display the Content on the Zhura Website in the applicable Group Area in order to enable Members of the applicable Group to have access under its Terms of Use.
Intellectual Property Rights for Public Area Content
The Originator of any Public Area Content shall designate which of the www.creativecommons.org licenses apply by choosing one of these four Creative Commons licenses “Attribution Share Alike (by-sa)”, “Attribution No Derivatives (by-nd)”, “Attribution Non-commercial Share Alike (by-nc-sa)”, and “Attribution Non-commercial No Derivatives (by-nc-nd)”. Once Public Area Content is placed in the Public Area, it may not be moved into a Personal Area or a Private Group Area.
You agree to be bound by the terms of the Creative Common license selected by the Originator and (except where you are the Originator) You waive any rights of ownership in any Public Area Content, and rights in such Public Area Content are subject to the terms of the applicable Creative Commons license.
Zhura reserves all rights not expressly granted in and to the Zhura Website and the Marks. Zhura may remove or suspend access to any Content at any time in its sole discretion.
You agree that Zhura has the right to use any Public Area Content in any manner for the purpose of marketing and promoting the Zhura Website and Services.
Any Member may modify Public Area Content, subject to the terms of the applicable Creative Commons license.
A key purpose of the Public Area of Zhura is to encourage collaboration and distribution of Content. If you have scripts, stories, and other material that You do not want distributed through Zhura under these Terms of Use, You should not contribute that material to the Public Area. You should consider placing or developing that Content in a Personal Area or a Group Area, where you retain more control over your material.
You hereby license to Zhura the worldwide, irrevocable, non-exclusive, perpetual right to display the Public Area Content on the Zhura Website for other Members to have access under these Terms of Use.
Attribution
Zhura and its designees may attribute You (and use, publish, transmit, and reproduce Your name, likeness, and biographical details) in connection with any Contribution in the Public Area and Your contributions to Content in the the Public Area in the sole discretion of Zhura and its designees.
Modification
Zhura may modify these Terms of Use from time to time and changes will be effective upon posting to the Zhura Website. You agree to be bound by any modification of these Terms of Use when You use the Zhura Website, effective after their posting to the Zhura Website. It is therefore important that You review these Terms of Use regularly to ensure You are updated as to any changes.
Termination
Your use of the Zhura Website is subject to your compliance with these Terms of Use. You acknowledge and agree that Zhura may terminate and/suspend Your access to any portion of the Zhura Website for any reason in its sole discretion, including without limitation if should You fail to comply with the Terms of Use or any other guidelines and rules published by Zhura. Any such termination or suspension shall be in Zhura's sole discretion and may occur without prior notice, or any notice. Zhura further reserves the right to terminate or suspend any User's access to the Zhura Website or to any portion of the Zhura Website for any conduct that Zhura, in its sole discretion, believes is or may be directly or indirectly harmful to other Users, to Zhura or its entities, or to other third parties, or for any conduct that violates any local, state, federal, or foreign laws or regulations. Zhura further reserves the right to terminate or suspend any User's access to the Zhura Website for any reason or for no reason at all, in Zhura's sole discretion without prior notice.
If you believe another user is violating these terms, you may notify Zhura, and we will work in good faith to resolve any such issues.
WARRANTY DISCLAIMER
Content on this Website is provided to You “AS-IS” for Your information and personal use only. You agree that You will not use, copy, reproduce, distribute, transmit, broadcast, display, sell, license, or otherwise exploit for any commercial or other purpose whatsoever any Content without the prior written consent of Zhura, or except as expressly permitted herein. If You download or print a copy of the Content for personal use, You must retain all copyright and other proprietary notices contained herein. You agree not to circumvent, disable, or otherwise interfere with the security related features of the Zhura Website or features that prevent or restrict use or copying of any Content or enforce limitations on use of the Zhura Website or the Content herein. You agree not to use the Marks for any purpose without the prior written authorization of Zhura.
YOU AGREE THAT YOUR USE OF THE ZHURA WEBSITE SHALL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY THE LAW, ZHURA, ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE ZHURA WEBSITE AND YOUR USE THEREOF. ZHURA MAKES NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THE ZHURA WEBSITE'S CONTENT OR THE CONTENT OF ANY SITES LINKED TO THIS SITE AND ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (I) ERRORS, MISTAKES, OR INACCURACIES IN CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OR ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE ZHURA WEBSITE, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF ZHURA'S SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE ZHURA WEBSITE, (V) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH THE ZHURA WEBSITE BY ANY THIRD PARTY, AND/ OR (VI) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE ZHURA WEBSITE OR THE SERVICES MADE AVAILABLE VIA THE ZHURA WEBSITE. ZHURA DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE ZHURA WEBSITE OR ANY HYPERLINKED WEBSITE OR FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND ZHURA WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. YOU ASSUME ALL RISK AS TO THE QUALITY, FUNCTION, AND PERFORMANCE OF THE ZHURA WEBSITE, AND TO ALL TRANSACTIONS YOU UNDERTAKE ON THE ZHURA WEBSITE, INCLUDING WITHOUT LIMITATION SUBMISSION OF ANY CONTENT.
Some states or other jurisdictions do not allow the exclusion of implied warranties, so the above exclusions may not apply to You.
In addition, please note that the Zhura Website may include technical inaccuracies or typographical errors. Zhura has the right at any time to change, modify, add to, discontinue, or retire any aspect or feature of the Zhura Website, including, but not limited to, hours of availability, equipment needed for access or use, or the availability of the Zhura Services on any particular device or communications service. Zhura has no obligation to provide You with notice of any such changes, and Zhura is under no obligation to provide You with any support, error corrections, updates, upgrades, bug fixes, and/or enhancements of the Zhura Website.
LIMITATION OF LIABILITY
IN NO EVENT WILL ZHURA OR ANY OTHER PARTY WHO HAS BEEN INVOLVED IN THE CREATION, PRODUCTION, DISTRIBUTION, PROMOTION, OR MARKETING OF THE ZHURA WEBSITE, CONTENT, SERVICES OR THESE TERMS OF USE BE LIABLE TO YOU OR ANY OTHER PARTY FOR ANY SPECIAL, INDIRECT, INCIDENTAL, RELIANCE, EXEMPLARY, OR CONSEQUENTIAL DAMAGES, INCLUDING, WITHOUT LIMITATION, LOSS OF DATA OR PROFITS, OR FOR INABILITY TO USE THE ZHURA WEBSITE, EVEN IF ZHURA OR SUCH OTHER PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SUCH LIMITATION SHALL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY AND TO THE FULLEST EXTENT PERMITTED BY LAW.
SOME U.S. STATES DO NOT ALLOW, AND OTHER JURISDICTIONS MAY NOT ALLOW, THE LIMITATION AND LIABILITY, SO THE FORGOING DISCLAIMER MAY NOT APPLY TO YOU IF PROHIBITED BY APPLICABLE LAW.
Indemnification
You agree to indemnify and hold harmless Zhura, its shareholders, business partners, directors, officers, employees, agents, Users, or third party sponsors, subsidiaries, affiliates, successors, and assignees, at Your sole cost and expense, from all liabilities, claims, and expenses, including attorney's fees, that arise from Your use of the Zhura Website and from any Content you contribute to the Zhura Website. Zhura reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by You, in which event You will cooperate with Zhura in asserting any available defense. You shall not settle any indemnified claim without Zhura's prior written consent.
Assignment
These Terms of use, and any rights and licenses granted hereunder, may not be transferred or assigned by You, but may be assigned by Zhura without restriction.
Governing Law; Venue
These Terms of Use and the validity, construction, and performance thereof will be governed in all respects by the laws of the Commonwealth of Massachusetts, without regard to its choice of law provisions. You irrevocably agree that any action proceeding arising from or relating to this agreement may be brought only in the courts of Massachusetts or the U.S. District Court located in Boston, Massachusetts, consent, for Yourself and in respect of Your property, to the jurisdiction of each such court in any such action or proceeding, and waive any objection to proceeding in such venue, including that the forum is inconvenient.
Entire Agreement; No Waiver; Severability
These Terms of Use constitute the entire agreement between You and Zhura regarding the use of the Zhura Website, superseding any prior agreements between You and Zhura relating to your use of the Zhura Website. The failure of Zhura to exercise or enforce any right or provision of these Terms of Use shall not constitute a waiver of such right or provision in that or any other instance. If any provision of these Terms of Use is held invalid, the remainder of these Terms of Use shall continue in full force and effect. If any provision of these Terms of Use shall be deemed unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from these Terms of Use and shall not affect the validity and enforceability of any remaining provisions.
Claims of Copyright Infringement
Zhura respects the intellectual property of others. If You believe that Your copyrighted work has been copied and is accessible on the Zhura Website in a way that constitutes copyright infringement, pursuant to Title 17, United States Code, Section 512(c)(2), You are encouraged, as a first step, to contact the involved party in an attempt to resolve the issue directly. You may in addition or as a next step send a notification of claimed copyright infringement to Zhura's designated agent along with the following information:
- The electronic or physical signature of the owner of the copyright or the person authorized to act on the owner's behalf;
- A description of the copyright work that You claim has been infringed and a description of the infringing activity;
- Identification of the location where the original or an authorized copy of the copyrighted work exists, for example the URL of the website where it is posted or the name of the book in which it has been published;
- Identification of the URL or other specific location on the Zhura Website where the material that You claim is infringing is located, including enough information to allow Zhura to locate the material;
- Your number, address, telephone number, and email address;
- A statement by You that You have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and
- A statement by You, made under penalty of perjury, that the above information in Your Notice is accurate and that You are the copyright owner or are authorized to act on the copyright owner's behalf.
Zhura's designated agent for notice of claims of copyright infringement on the Zhura Website can be reached as follows:
By mail:
By email:
rightsagent@zhura.com
Please note that this contact information is only for reporting claims of copyright infringement. Any other inquiries reported through this process will not be guaranteed a response.