Terms & Conditions

Last updated June 11, 2019

 

IT IS IMPORTANT THAT YOU READ THESE TERMS & CONDITIONS (“TERMS“) CAREFULLY AS THEY, TOGETHER WITH ANY POLICIES OR GUIDELINES ON ZTOON WEBSITE GOVERN YOUR USE OF SERVICES PROVIDED THROUGH ZTOON.COM WEBSITE (THE “WEBSITE”, “SITE”, “PLATFORM”, “ZTOON”). PLEASE NOTE THAT YOUR USE OF AND ACCESS TO OUR SERVICES (DEFINED BELOW) ARE SUBJECT TO THE FOLLOWING TERMS & CONDITIONS. BY AGREEING TO THESE TERMS, YOU EXPRESSLY ACKNOWLEDGE THAT YOU UNDERSTAND THE TERMS AND ACCEPT ALL OF THEM. BY USING THIS WEBSITE, YOU INDICATE YOUR ACCEPTANCE OF THESE TERMS. IF YOU DO NOT AGREE TO ALL OF THE FOLLOWING TERMS, THEN YOU MAY NOT USE THIS WEBSITE, ITS SERVICES OR ACCESS ITS CONTENT IN ANY MANNER.

USE OF THIS WEBSITE IS NOT PERMITTED WHERE PROHIBITED BY LAW. AS A CONDITION OF USING THIS WEBSITE, YOU REPRESENT AND WARRANT THAT (A) ALL REGISTRATION INFORMATION YOU SUBMIT TO ZTOON IS TRUE AND ACCURATE; (B) YOU WILL MAINTAIN THE ACCURACY OF SUCH INFORMATION; (C) YOU ARE AT LEAST SIXTEEN (16) YEARS OF AGE.

THESE TERMS & CONDITIONS, INTER ALIA, DESCRIBE THE FOLLOWING ASPECTS OF THE RELATIONSHIP BETWEEN YOU AND ZTOON:

 

1.0 ABOUT ZTOON

ZTOON is an online educational PLATFORM and community where registered USERS (“USERS“) may contribute self-created study aids including but not limited to lecture notes, study and revision guides, summaries and exam preparation material (“STUDY MATERIAL” / “Material”) for access, use, purchase and evaluation by other USERS of the Website.

These TERMS are revised regularly and may be amended or updated by ZTOON from time to time without notice. These TERMS may have changed since your last visit to this Website and it is your responsibility to review these TERMS for any changes. Your use of the Website after any amendments or updates of these TERMS shall signify your assent to and acceptance of such revised TERMS. Any new features that may be added to this Website from time to time will be subject to these TERMS, unless stated otherwise. You should visit this page periodically to review these TERMS.

ZTOON.COM website, PLATFORM, community, pages, information, CONTENT, brand, trademarks and INTELLECTUAL PROPERTY are owned and operated by STUDYTEC TECHNOLOGY SOLUTIONS FZCO; a limited liability free-zone company duly registered with the competent bodies in Dubai, United Arab Emirates, and operates under its laws and regulations.

2.0 DEFINITIONS

The following terms and expressions shall have the following definitions:

TERMS

DEFINITIONS

BUYER:

A Registered USER who has completed a Purchase transaction of STUDY MATERIAL from the PLATFORM that had been uploaded and made available by another Registered USER of the PLATFORM. The USER in this instance of the transaction is known as the BUYER.

CONTENT:

All information placed on the PLATFORM by ZTOON itself, including but not limited to the layout, look and feel of the PLATFORM, the logos and trademarks as well as certain texts.

COPYRIGHTED MATERIAL:

Copyrighted Material are Material and CONTENT that is the INTELLECTUAL PROPERTY of an author or creator of an original creative work and has exclusive legal rights to determine whether and under what conditions this original work may be copied and used by others, usually for a certain time period.

INTELLECTUAL PROPERTY:

All the INTELLECTUAL PROPERTY rights and associated rights such as copyright, trademark rights, patents, model rights, trade name rights, database rights and neighboring rights as well as the rights to know-how.

LOGIN:

The procedure used by registered USERS to gain access to the PLATFORM through authenticating both USERNAME and PASSWORD

MARKETPLACE:

Refers to an electronic or online MARKETPLACE mechanism in which Registered USERS and Third Parties may interact online through an eCommerce PLATFORM that enables them to offer and complete the sale of goods or services, and the transactions are processed and made available for delivery by the MARKETPLACE operator.

PASSWORD:

An un-spaced sequence of alphabets, numbers and special characters of a minimum length as defined by ZTOON SECURITY policy, used to determine that a USER requesting access to the PLATFORM is really that USER

PLAGIARISM:

Wrongful appropriation, stealing and publication of someone else’s / author’s language, thoughts, ideas, or expressions and their representation as one’s own original work.

PLAGIARIZED MATERIAL:

Material, information, CONTENT or creative work, language thoughts or ideas of another USER, Author, Third Party that has been stolen or wrongfully appropriated by a Registered USER on the PLATFORM / Website.

PLATFORM:

The PLATFORM that can be accessed through the website www.ztoon.com and underlying web pages which offer you the possibility to download or upload STUDY MATERIALS whether or not against payment.

PRIVACY POLICY:

The statement through which ZTOON defines and explains how it handles the USER information gathered in its operations. This may be found here.

PROFILE / USER / REGISTRED USER / ACCOUNT:

An individual section created and maintained by you when you register on the PLATFORM.

SECURITY BREACHES:

A (SECURITY) event in which the normal  operations of the PLATFORM indicate that the SECURITY policy has been violated and or a SECURITY safeguard may have failed resulting in the occurrence of unauthorized access to the PLATFORM or any of its parts or information or a successful attack via malicious means.

SECURITY:

Defense mechanisms in places used to protect the PLATFORM and all relevant information and technology assets against internal and external, malicious and accidental threats, and includes detection, prevention and response to threats through the use of SECURITY policies, software tools and IT services.

SELLER:

A Registered USER who has uploaded STUDY MATERIAL on the PLATFORM and has made it available for other USERS to download it against a fee. The USER in this instance of the transaction is known as the SELLER.

SERVICE COSTS:

All associated costs with using the PLATFORM or purchase of any of its CONTENT. Services costs are subject to change from time to time and will be published on the website under the PRICING SECTION.

As a PLATFORM, ZTOON allows USERS to upload STUDY MATERIALS they have developed or produced and make it available for other USERS to download against a fee decided by the USER / Material publisher.

ZTOON SERVICE COSTS include any percentage of sales generated through the sale / purchase of any of the STUDY MATERIALS published on the PLATFORM by any of its USERS.

SOCIAL REGISTRATION:

A form of registration and LOGIN that allows USERS to authenticate themselves on the PLATFORM by connecting through a social networking site rather than typing a separate ID and PASSWORD on each website.

MATERIAL / STUDY MATERIAL:

All information offered by you or other USERS of the PLATFORM on the PLATFORM whether or not against payment or exchange of money. These TERMS & CONDITIONS may refer to them as Material or STUDY MATERIAL and shall have the same meaning.

TERMS / TERMS & CONDITIONS

These TERMS & CONDITIONS of ZTOON.

USERNAME:

The ACCOUNT / PROFILE name created during the registration process that defines the screen name of the USER using such an ACCOUNT and is used as one part of the authentication process.

WALLET:

A virtual temporary store of value or credits used by USERS within the PLATFORM that allows them to track credits available for purchase or withdrawal. The value of this WALLET is created through TOP-UP and or generated from the proceeds of sales of STUDY MATERIALS a USER has uploaded after deducting any applicable SERVICE COSTS, TAXES, TARIFFS, FEES, DISPUTES and WITHDRAWAL.

ZTOON

The PLATFORM accessible through www.ztoon.com or underlying pages that is owned and operated by STUDYTEC TECHNOLOGY SOLUTIONS FZCO (WWW.STUDYTEC.ME); a limited liability free-zone company duly registered with the competent bodies in Dubai, United Arab Emirates, and operates under its laws and regulations.


3.0 APPLICABILITY

3.1

These TERMS & CONDITIONS apply to all use you make of the PLATFORM.

3.2

If any provision of these TERMS & CONDITIONS shall be held to be partially inaccurate, illegal or unenforceable, that provision shall be limited or eliminated to the minimum extent necessary, so that the TERMS & CONDITIONS shall otherwise remain in full effect and enforceability and the remainder of the TERMS & CONDITIONS shall continue to describe the nature of the relationship between you and ZTOON. ZTOON will update any invalid clause with other valid ones, and of which the legal consequences – considering the conditions and purpose of these TERMS & CONDITIONS – correspond as much as possible with those of the invalid part.

3.3

ZTOON is at all times entitled to amend or supplement these TERMS & CONDITIONS. The current Terms can be found on the PLATFORM or will be brought to your notice when creating a PROFILE and/or logging in. If you continue the use of the PLATFORM after these TERMS & CONDITIONS have been amended or supplemented, you thereby irrevocably accept the amended or supplemented TERMS & CONDITIONS. If you do not agree with the amended or supplemented TERMS & CONDITIONS, the only option you have is to no longer use the PLATFORM and to terminate your PROFILE.

4.0 ASSIGNABILITY

4.1

ZTOON shall at all times be entitled to assign any rights and obligations that result from these TERMS & CONDITIONS to any third parties. ZTOON shall notify you in any such event via established communication channels with you or through announcements placed on the PLATFORM. In the event that you cannot agree with the assignment, your only remedy is to cease the use of the PLATFORM and delete your PROFILE.

5.0 ACCOUNTS AND PROFILE CREATION

5.1

To benefit from the CONTENT, Material and features available on ZTOON, you as a USER shall be required to create an ACCOUNT or PROFILE through the registration process. You guarantee to ZTOON that the information provided by you in creating your PROFILE is strictly complete, true and accurate.

5.2

During the registration process, you must create or choose a USERNAME and PASSWORD through PROFILE creation which will allow you to access the PLATFORM or through SOCIAL REGISTRATION  and LOGIN which allows you to register and LOGIN on ZTOON by utilizing LOGIN information you had created on other third party PLATFORMS and websites.

5.3

You yourself are responsible for the correctness and completeness of the data you have provided as well as the alteration of the data in the event that it is no longer accurate. You acknowledge and understand that the correctness and completeness of the data is very important for the PLATFORM to operate optimally.

5.4

In the event that you have not yet reached the age of sixteen (16), you need the consent of your legal representative(s) (your guardian or (one of) your parents) before creating a PROFILE. By accepting these Terms of Use you guarantee that you are indeed at least sixteen (16), or that you have obtained the consent of your legal representative(s) to create a PROFILE.

5.5

You as a USER are responsible for keeping your USERNAME and PASSWORD combination confidential. You are not allowed to give your USERNAME and/or PASSWORD to third parties and/or to otherwise grant third parties access to your PROFILE. You are therefore liable for all the use made of the PLATFORM through your USERNAME and PASSWORD. ZTOON can assume that you are indeed the person who has signed in with your USERNAME and PASSWORD. As soon as you know or have reason to assume that a USERNAME and/or PASSWORD has come into the hands of unauthorized persons, you must inform ZTOON of this notwithstanding your own obligation to take immediate effective measures yourself such as changing your PASSWORD.

5.6

Neither ZTOON, its owners, operating company or its employees or management team will be held liable for any damages resulting from any unauthorized access and/or use of the PLATFORM by third parties.

5.7

In case of using SOCIAL REGISTRATION  and LOGIN, ZTOON holds no responsibility and shall not be held liable for any SECURITY or technical issues that may arise as a result of SECURITY BREACHES or technical issues resulting from such third party registration and LOGIN information, and shall not be held liable or accountable for any possible losses, it be loss of uploaded Materials, money, credits or otherwise.

5.8

Any information ZTOON collects through the registration and PROFILE creation or otherwise provided to us shall be stored in a database and shall be governed by ZTOON’s PRIVACY POLICY setting out the online information gathering and dissemination practices with respect to this PLATFORM. Please review the PRIVACY POLICY, which is incorporated into these TERMS by reference.

5.9

PROFILE creation shall give the USER access to further information, CONTENT, Material and features on the Website. ZTOON reserves the right over what USERS shall have access to without Registration or upon PROFILE creation and may change these access rights at any time.

5.10

ZTOON is at any time entitled to change, alter or shut down the PLATFORM without becoming liable to you in any way. If you do not agree with the changes and/or amendments made by ZTOON, your only remedy is to cease the use of the PLATFORM and to delete your PROFILE.

6.0 CLOSING OR CANCELLATION OF ACCOUNTS AND PROFILES

6.1

USERS may close their ACCOUNT at any time by sending a request to accounts@ztoon.com or by following the registration cancellation process. Your ACCOUNT will be closed within 48 to 72 hours after receiving your request. The closure of your ACCOUNT will mean the termination of the USER’S access to ZTOON and its services, including ability to upload Material and profit from the distribution of any Material provided and previously uploaded by the USER. Previously posted and uploaded learning Material will remain on ZTOON indefinitely unless ZTOON, in its sole discretion, decides to remove it.

6.2

In the event that you as a USER has decided to close your ACCOUNT, any money or credits that is held for you by ZTOON and as apparent in your WALLET shall be disbursed back to you in the agreed or available manner.

6.3

It is your responsibility as a USER to delete any learning material that has been previously uploaded onto the PLATFORM before you cancel your registration and delete your PROFILE. Any Material that had been uploaded previously by you on to the PLATFORM and has not been deleted prior to ACCOUNT cancellation and PROFILE deletion shall remain on the PLATFORM and any proceeds that are generated through sales after the USER closes their ACCOUNT shall be entitled to ZTOON in full.

6.4

ZTOON reserves the right to change the registration procedure, your PASSWORD and/or USERNAME in the event ZTOON decides that this is in the best interests of the operation of the PLATFORM.

6.5

ZTOON reserves the right to cancel the PROFILE, access rights and rights over any of the Material uploaded by you as a USER in any of the following events:

6.5.1

If you as a USER breaches any of the TERMS of this agreement;

6.5.2

If you as a USER breaches any of the rules and guidelines associated with the ZTOON community on the forums or the PLATFORM;

6.5.3

If you as a USER uploads Material onto the PLATFORM which is deemed to be;

6.5.3.1

COPYRIGHTED MATERIAL;

6.5.3.2

Material that belongs to or had been previously uploaded by another USER on the PLATFORM and you are as a USER are attempting to resell it and profiteer from it or even distribute it with no monetary compensation or otherwise PLAGIARIZED MATERIAL belonging to any USER or third party;

6.5.3.3

Material that is inappropriate by nature, is illegal or banned as per the laws and regulations of the United Arab Emirates or any country in which ZTOON operates or the PLATFORM is available. This includes but not restricted to adult content, adult themes, dangerous content, recreational drugs and drug-related content, alcohol-related content, tobacco-related content, gambling and games-related content, hacking and cracking content, misrepresentation content, shocking content, weapon-related content, content that enables or supports dishonest or illegal behavior, illegal content, derogatory, racist or sexist content, content that is deemed to promote cultural, political or religious disputes or differences or content that is meant to promote religious, political or other opinions without being education related.

6.5.3.4

Content or material that has embedded software or macros or scripts or commands or executable files or otherwise with a malicious nature, included but not limited to viruses, worms, trojan horses, logic bombs, spyware, adware, backdoor programs or others.

6.5.4

In the event that a USER is deemed to have breached any of these TERMS, ZTOON will proceed by providing warnings about the breach event that occurred to the USER and shall attempt to rectify it by any available or possible means such as deleting any Material as stated above and maintaining the USER’S PROFILE. In the event that the USER has continued to breach the agreement for example by \uploading material that is deemed copyrighted, previously uploaded by other USERS or is inappropriate, after being previously warned, or that the nature of the breach is deemed disqualifying from the first attempt, ZTOON shall reserve the rights to delete the USER’S PROFILE and cancel any access they may have to the PLATFORM. Any money or credits that the USER has held with ZTOON shall be disbursed to them as with this ”(6) Closing Or Cancellation Of Accounts And PROFILES” clause and all rights to previously uploaded Material shall be lost by the USER. The USER will also forfeit any rights over any future sales of any such Material. ZTOON also reserves the right to forfeit any money held in the USER’S WALLET in case such a breach of agreement has led to monetary losses or is anticipated to result in monetary losses.

6.6

Material stored on the Website are stored by ZTOON only for permitted temporary online sharing purposes and not for permanent or long-term storage or for temporary archival purposes. ZTOON will not, and is not obligated to, maintain back-up copies of any and all Material or any USER’S ZTOON ACCOUNT information. Accordingly, ZTOON will bear no responsibility or liability for any loss of Material or other information stored or submitted to the PLATFORM.

7.0 PLATFORM FEATURES AND FUNCTIONALITIES

7.1

ZTOON shall do its best effort within available means and resources to ensure that such Material uploaded by USERS onto the PLATFORM abides by the TERMS & CONDITIONS herein and is not Material that has been banned by these TERMS or any laws and regulations. ZTOON shall exercise its rights and duty to delete any such Material when it becomes aware of such a situation without any consent from relevant USERS.

7.2

The USER acknowledges and agrees that ZTOON only offers a PLATFORM which allows you to exchange Material with other USERS. ZTOON therefore accepts no liability whatsoever for the Material offered by you or other USERS by means of the PLATFORM. Any legal liabilities including complaints, legal filings, legal procedures, defense, fines, compensation or otherwise resulting from USER uploading such Material shall be the sole responsibility of the USER and shall be liable in front of any legal court in such proceedings.

7.3

You acknowledge and accept that the PLATFORM only includes the functionalities and other characteristics as found in the PLATFORM at the time it is used (on an “as is basis”). ZTOON excludes expressly any explicit and tacit guarantees, undertakings and warranties of any nature whatsoever including, but not limited to, guarantees, undertakings and warranties with regard to the quality, safety, lawfulness, integrity and accuracy of the PLATFORM, unless explicitly stated otherwise in these TERMS & CONDITIONS.

8.0 UPLOADING STUDY MATERIALS

8.1

As a registered USER of ZTOON, you may upload STUDY MATERIAL to the PLATFORM which in turn may be subsequently downloaded by other USERS whether or not for payment. Any such material you chose to upload will be made available on the PLATFORM and available as part of your PROFILE and indicating the price of such material. Your PROFILE will also state the income generated by you and available Money or Credit available in your WALLET.

8.2

The manner in which the STUDY MATERIAL can be uploaded to the PLATFORM as well as the allowed format are stated on the PLATFORM. You decide what STUDY MATERIAL is uploaded and in what manner you manage this STUDY MATERIAL. ZTOON has no influence on or involvement with the STUDY MATERIALS uploaded as well as the manner in which it is managed by you.

8.3

If you decide to offer STUDY MATERIAL against payment, you can decide the amount or fee you charge other USERS to download this material. ZTOON does not dictate a specific price except for the minimum price that may be charged for a payable Material, but instead may offer a recommended price. However, ZTOON reserves the right to set the minimum price against any material to be made available on the PLATFORM. ZTOON reserves the right to make a number of pages of the STUDY MATERIAL freely accessible whether or not the STUDY MATERIAL is offered for payment.

8.4

ZTOON reserves the right to insert advertisements of its own or those of third parties into the PLATFORM or the STUDY MATERIAL and may be placed in the STUDY MATERIAL by means of an automated process.

8.5

ZTOON reserves the right to convert the STUDY MATERIAL you uploaded to another format of its choice, as well as reserving the right to insert an automatically generated watermark in any STUDY MATERIAL.

8.6

Under the conditions as stated in these TERMS & CONDITIONS, you in principle retain your INTELLECTUAL PROPERTY Rights, including the copyright, you have in the STUDY MATERIAL as long as you are an Active Registered USER.

8.7

If you upload STUDY MATERIAL to the PLATFORM, you guarantee that:

8.7.1

The Material was written by you and yourself only and it does not infringe on the rights of any other person, USER or institution;

8.7.2

You are the full right holder with regard to the STUDY MATERIAL and you are entitled to upload it to the PLATFORM and offer it to other USERS;

8.7.3

The INTELLECTUAL PROPERTY Rights, including the copyright, to the STUDY MATERIAL is vested in you or you have demonstrable consent of the party in which the INTELLECTUAL PROPERTY Rights are vested to upload the STUDY MATERIAL to the PLATFORM and to offer it to other USERS;

8.7.4

The STUDY MATERIAL is not in violation of any laws or legislation and/or does not infringe on any INTELLECTUAL PROPERTY Rights of third parties and/or is not otherwise unlawful towards third parties and/or ZTOON;

8.7.5

ZTOON will not be held to make any payments in relation to the uploading and use of the STUDY MATERIAL.

8.7.6

You, as a USER are exclusively responsible for all licenses and payment obligations to any third party relating to the uploading and use of the STUDY MATERIAL.

8.8

You indemnify ZTOON, its founders, shareholders, management and all persons affiliated with ZTOON against any and all claims of third parties based on the allegation that the STUDY MATERIAL infringes on any valid INTELLECTUAL PROPERTY Rights or other rights of third parties or is otherwise unlawful against third parties as well as against all claims resulting from your actions in violation with these TERMS & CONDITIONS. All costs incurred and damages suffered by ZTOON which are in any way related to the above-mentioned claims will be remunerated by you.

8.9

You acknowledge and agree that by uploading STUDY MATERIAL to the PLATFORM, you automatically grant ZTOON a free of charge, unencumbered, worldwide, sub-licensable, nonexclusive license to publish and reproduce the STUDY MATERIAL in light of offering the PLATFORM. This license automatically ends if you remove the STUDY MATERIAL from the PLATFORM.

9.0 DOWNLOADING STUDY MATERIALS

9.1

As a registered USER of ZTOON, you have the ability where applicable to download Material from the PLATFORM whether free or against payment. It is necessary to have a PROFILE if you wish to download STUDY MATERIAL. The PROFILE will show what STUDY MATERIAL you have downloaded. The STUDY MATERIAL you have downloaded will remain accessible to you, unless you delete it yourself. After the deletion of STUDY MATERIAL you will no longer be able to access it unless you had previously downloaded it and saved it locally.

9.2

If you create a PROFILE and have downloaded any Material, you have the possibility to rate the relevant Material of other USERS in the manner stated on the PLATFORM.

9.3

If the Material is offered for payment, you must pay the requested amount in advance before you can download the STUDY MATERIAL. Payment options are stated on the PLATFORM. Further details regarding payments are listed in the Pricing section of the PLATFORM.

9.4

In the event where you purchase material that turns out to be irrelevant, misleading, infringed COPYRIGHTED MATERIAL, data is damaged, incomplete, not available for download or otherwise deemed unsuitable, you as a USER will have the option to complain to ZTOON in order to get your purchase reversed or otherwise corrected. To qualify for this, you must meet the following conditions:

9.4.1

Your purchase was within the last 7 days;

9.4.2

You contacted ZTOON within the 7 days to complain and inform us why you are dissatisfied with the quality;

9.4.3

You verified that the information describing the document available for download / purchase as listed on the PLATFORM does not meet or match the actual contents of the downloaded Material  and that you are not filing a complaint about a lack of information, chapters or subjects that was described as missing or not included in the advertisement or description of the Material.

9.4.4

ZTOON will review your complaint as well as any accompanying information and supporting documentation and will accordingly verify that you are indeed eligible for such a refund if you meet all the requirements described above and will accordingly complete such refund.

10.0 PAYMENTS AND WALLETS

10.0

PAYMENTS AND WALLETS

10.1

As a registered USER offering STUDY MATERIAL against payment, you may decide the price for which you offer such Material yourself although ZTOON will usually offer some suggestions or guidelines on pricing. A successful sale of any Material enters you directly into an agreement with the USER who bought the Material (BUYER) in which you grant him or her the right to use your Material for his or her personal use only, and ZTOON shall take or be no part of such an agreement. ZTOON’s role is to merely act as an intermediary by offering a PLATFORM that creates a MARKETPLACE that enables the sale of STUDY MATERIAL from one USER to the other and facilitates the payments and delivery of the Material. These TERMS & CONDITIONS therefore only apply to the use of the PLATFORM and not to the agreement between USERS of the PLATFORM.

10.2

The methods of payment available when purchasing items are listed on the PLATFORM. All payments are handled in cooperation with a third party to complete any purchase. Any earnings shall be deposited into the USER’S WALLET after deduction of relevant fees, charges and revenue sharing, and  shall be available as Credits that may be used to make purchases on the PLATFORM or for withdrawal upon their request once it reaches a minimum threshold as listed in the Withdrawal section of the PLATFORM. Transfers shall be handled through third party financial institutions which ZTOON deals with.

10.3

From the amount that is paid to every USER (SELLER), any applicable taxes or tariffs and SERVICE COSTS and fees shall be deducted. If you upload STUDY MATERIAL and set a price on the PLATFORM you can, in real time, see the amount of money you generate after such applicable deductions from the WALLET.

10.4

With regard to the amount of payments you receive from ZTOON, the data of ZTOON will be assumed to be correct unless you can prove this data to be incorrect.

10.5

USERS are able to decide for themselves how much money they would like to withdraw from the WALLET once they meet a certain minimum threshold in the currency the USER is using the PLATFORM in (e.g. AED, SAR, KOD, JOD, EGP, LBP etc) and based on the geographic locations in which the PLATFORM operates or is made available. ZTOON accumulates these credits and transfers the money once per business week. There is no interest paid on remaining money from the virtual ACCOUNT (My Balance).

10.6

ZTOON accepts no liability whatsoever regarding errors in the orders of STUDY MATERIALS, for instance, regarding the number of copies or the type of STUDY MATERIAL. It is not possible to cancel the purchase of any STUDY MATERIAL or to change unless it meets the terms of clause 9.4

10.7

USERS are personally responsible for any necessary declaration of income at the tax collector’s office in the country of residence or origin or where tax is to be paid.

10.8

Payment processing services are provided to USERS by third party providers including to but not limited to PayPal. ZTOON has the right to change payment processing service providers at any time or add others without previous warning or liability. Registered USERS agree to the TERMS & CONDITIONS of all or any such relevant third parties.

10.9

USERS who wish to purchase Material from the PLATFORM may do so through the available payment options as listed in detail on the PLATFORM and updated from time to time, but include;

10.9.1

The use a credit or debit card to directly purchase Material and would be processed by such third-party payment processing service providers;

10.9.2

Through WALLET top-up on the ZTOON PLATFORM which will allow USERS to complete purchases utilizing credits available in their WALLET;

10.9.3

Through credits available in the WALLET generated through the sale of Material uploaded by the USER and was purchased by other USERS;

10.9.4

Through third party WALLETS integrated into the PLATFORMS’ payment gateway;

10.10

Credits available in the WALLET include money USERS have earned through the sale of Material they have uploaded to the PLATFORM and any money they have added to their balance through WALLET Top-Up, less any taxes, sales taxes, VAT, fees, charges, administrative fees, revenue sharing arrangements and historic redemption and or purchases. Redemption and Disbursement of money from the WALLET must meet minimum thresholds and or may incur Redemption fees and costs based on the available payment arrangements. Such Redemption fees may change from time to time and at the discretion of ZTOON.

11.0 INFRINGEMENT NOTICES AND TAKEDOWN

11.1

ZTOON does not accept and will not allow any USERS to infringe on the rights of third parties by uploading any Material that is the INTELLECTUAL PROPERTY of any other party or USER and will take the necessary measures when identified to remove such Material. Any USER who is found to have uploaded Infringed Material shall;

11.1.1

be sent an infringement / takedown warning, detailing such Material that has been deemed infringed with available supporting evidence, and informing him or her against conducting such activity in the future;

11.1.2

have such infringed material deleted from the PLATFORM;

11.1.3

have any money or credits earned as a result of such infringed Material and still remaining within his WALLET forfeited;

11.1.4

USERS who become the subject of recurring warnings because of infringement over uploaded Material will be deleted, and ZTOON will take all necessary measures in its capacity to block the USER from accessing the PLATFORM in the future.

11.1.5

If you have a claim that certain STUDY MATERIAL infringes on your rights, you can report this alleged infringement to ZTOON by sending a notice to admin@ztoon.com. ZTOON will examine the notice and, if possible and necessary, take the measures stated in this article. The notice should include:

11.1.5.1

The URL within the Website on which the allegedly infringing STUDY MATERIAL can be found;

11.1.5.2

A statement that your rights have been infringed and why, including any supporting material, URLs, supporting dates, supporting documentary evidence that the information in your notice is accurate and complete, or otherwise a description of the work or works which have been allegedly infringed, with a specification of the precise nature of that alleged infringement. If the abuse complaint concerns the alleged infringement of INTELLECTUAL PROPERTY Rights, supporting evidence that you are the holder of the respective INTELLECTUAL PROPERTY Rights or that you are authorized to act on behalf of the holder;

11.1.5.3

Contact details which ZTOON can use to contact you, such as your complete name, address, telephone number and email address.

11.1.6.4

ZTOON reserves the right to request further information and documentary evidence at its own discretion.

11.2

ZTOON reserves the right to communicate such a notice to the party responsible for the STUDY MATERIAL to which the notice refers as part of its investigation.

11.3

ZTOON reserves the right not to grant a request to remove, delete or take any action against any USER or  STUDY MATERIAL if it has well-founded reasons to doubt the accuracy of the notice or the lawful nature of the evidence submitted, or if the Material to which the notice refers does not appear to be clearly unlawful. Within that scope ZTOON may for instance require a decision of a competent external third party which may include a mediator, arbitrator or judicial court in the United Arab Emirates or any other jurisdiction of its preference or of relevance, whose decision demonstrates that the STUDY MATERIAL concerned is infringed and unlawful.

11.4

By issuing a notice of infringement to ZTOON, you hereby indemnify, defend, and hold ZTOON and its officers, directors, employees, and agents harmless from and against any claim by you or any other third party that any Material made available on the PLATFORM under this Agreement infringes any patent, trademark, copyright, or other proprietary right of such party or becomes the subject of an injunction or settlement prohibiting the use of such Material, except due to ZTOON’s negligence, breach of this Agreement or willful misconduct, provided, however, that ZTOON takes the necessary steps to remove any such Infringed Material from the PLATFORM. Such indemnification also covers all the damages that ZTOON suffers and the costs it incurs in relation to such a claim, including – but not limited to – reimbursing the costs of legal assistance.

11.5

In the event that a USER sends ZTOON an infringement notice, ZTOON shall not provide such USERS with any private or confidential information of those USERS who have been party to infringement without the necessary court or judicial order that requires them to reveal or disclose such information.

11.6

ZTOON will not in any way whatsoever be a party to any dispute between the party that issued the notice and the other party.

12.0 PLATFORM AVAILABILITY

12.1

ZTOON may from time to time make the PLATFORM temporarily unavailable or out of service and or have limited access to its use without any prior notification and without being obliged to pay compensation to you. This may be done occasionally if it is deemed necessary by ZTOON management for instance, in connection to the required maintenance of the PLATFORM.

12.2

ZTOON is entitled to make procedural and technical changes and/or amendments to the PLATFORM without giving you prior notification.

12.3

As an online PLATFORM, ZTOON does not guarantee that the PLATFORM or any part thereof will be accessible at all times and without any interruptions or failures. Failures in the PLATFORM can occur, as a result of failures in various components that makes the service available and includes but not limited to internet connectivity, hosting, viruses, faults/defects, third party providers or others. ZTOON is not liable or obliged to the USER to pay compensation in any way whatsoever for any damage resulting or arising from the website being unavailable.

13.0 INTELLECTUAL PROPERTY RIGHTS

13.1

The CONTENT published on this Website and PLATFORM and transmitted by it through email, direct messaging, or on through other third-party websites and PLATFORMS including social media services are the INTELLECTUAL PROPERTY Rights of ZTOON or third-party content providers licensed for ZTOON use.

13.2

The Material published on ZTOON Website and PLATFORM are deemed to be the INTELLECTUAL PROPERTY Rights of such Registered and Active USERS who uploaded / published such Material unless;

13.2.1

It becomes apparent that the Material published by any USER to be a wrongfully appropriated, stolen publication or otherwise copied, Plagiarized or copyright infringed Material of another USER, Author, Publisher, or third party;

13.2.2

The USER cancels or unregisters from the ZTOON website and PLATFORM without deleting or removing the material;

13.3

ZTOON hereby grants you a limited, personal, revocable, non-exclusive, non-licensable, non-assignable right to use the PLATFORM and the CONTENT and view it in the manner and the format used on the PLATFORM and within the framework and terms stated in these TERMS & CONDITIONS.

13.4

You may not change, render illegible or remove any trademark, watermarks or recognition signs affixed to the Website, the CONTENT, the STUDY MATERIAL and/or any references to INTELLECTUAL PROPERTY Rights.

13.5

Nothing in these TERMS & CONDITIONS may be interpreted to indicate the transfer of any INTELLECTUAL PROPERTY Rights to any USER. USERS will refrain from any action which may infringe on the INTELLECTUAL PROPERTY Rights of ZTOON  such as registering domain names, trademarks or Google Adwords that are identical and/or similar to any INTELLECTUAL PROPERTY Rights of ZTOON.

13.6

No one is allowed to retrieve and re-use any part of the CONTENTS of the PLATFORM and/or retrieve and repeatedly and systematically re-use non-substantial parts of the CONTENTS of the PLATFORM without prior written consent of ZTOON.

13.7

STUDY MATERIAL offered on ZTOON is only to be used as a study aid, and may not under any circumstances (regardless of any permission from the publisher of the Material or through any agreement between USERS  – BUYERS and SELLERS) submit any such Material found on ZTOON as your own work to any third party, and will be considered a breach of copyright, PLAGIARISM and constitute an academic misconduct at all Academic Institutions.

13.8

Any USERS found to be cooperating to develop, write, assemble, or otherwise author any Material intended for use as Material to be submitted to any Academic Institutions in any form or purpose, it be term papers, research, reports, projects, thesis or otherwise, will be deleted from the PLATFORM, and ZTOON will take the necessary measures it has in its capacity to notify the relevant Academic Institutions if and where possible.

14.0 LIABILITY

14.1

ZTOON will not accept any liability for damages as a result of offering you the PLATFORM, an unlawful act or otherwise, other than as stipulated in this article.

14.2

ZTOON offers you the PLATFORM As-Is and does not guarantee that is it free of defects or technical issues or bugs but will do what is in its capacity to fix or overcome such defects if and when they come to the attention of ZTOON. As such, ZTOON will not be held liable for any such issues and defects regardless of any impact or loss of Material or money or otherwise it may have caused you.

14.3

ZTOON shall not be held liable for any event caused by a SECURITY BREACH of its systems, PLATFORMS, technology or SECURITY layers.

14.4

ZTOON does not provide any assurances or confirmation of the quality, correctness, or completeness of any of the STUDY MATERIAL found on the PLATFORM. The responsibility of evaluating and validating the quality, correctness, or completeness of such Material falls solely on the USERS. ZTOON shall not be held liable for the quality of such Material or any resulting consequences that may fall onto the USER, including but not limited to undesirable grades or results or decreased academic performance as a result of using such Material. USERS who are dissatisfied with the quality, correctness or completeness of such Material are requested to provide the relevant feedback and rating over such Material through the PLATFORM.

14.5

In the event that ZTOON is liable for any damages, whether caused by an attributable failure or an unlawful act, the height of these damages is limited to the amount actually paid by ZTOON’s insurance company if available or otherwise will be NIL.

14.6

To the maximum extent permitted by applicable law, in no event shall ZTOON be liable for any special, incidental or consequential damages whatsoever including but not limited to, damages for loss of profits or confidential or other information, for business interruption, for the loss and/or corruption of data for loss of privacy arising out of or in any way related to the use of or inability to use the PLATFORM as well as all other forms of damage, even if ZTOON has been advised of the possibility of such damages and even if the remedy fails in its essential purpose.

14.7

The above limitation of liability in this paragraph shall cease to apply if and insofar as the loss is due to ZTOON’s willful intent or gross negligence.

14.8

In using the PLATFORM you guarantee that you have thoroughly checked the rules, regulations and provisions governing your university and that you are allowed to use the services offered by ZTOON. ZTOON accepts no liability or responsibility for your decision to use the PLATFORM, should this decision be against your university’s regulations or provisions regarding academic work.

15.0 FORCE MAJEURE

15.1

In the case of Force Majeure, the non-fulfillment of the agreement between you and ZTOON cannot be counted as an attributable failure and the agreement between you and ZTOON does not exist.

15.2

Force majeure includes, but is not limited to, illness of employees and/or absence of personnel crucial for the provision of the PLATFORM, disruptions of the electricity supply, fire, natural disasters including but not limited to floods, storms, earthquakes, volcanic eruptions and other acts of God, strikes, civil unrest, military activities, war, failures to perform by third parties hired by ZTOON, disturbances in the internet connection, hardware disruptions, disruptions in the (telecommunications) networks, and other unforeseen circumstances.

16.0 TERMINATION

16.1

You are entitled to terminate the agreement at any time by discontinuing the use of the PLATFORM through deleting your Access and terminating your PROFILE.

16.2

At its own discretion at any time and without prior notice and without becoming liable to you, ZTOON is entitled to (temporarily or permanently) restrict or suspend your activities in connection with the PLATFORM and/or to delete your PROFILE in the event you violate these TERMS & CONDITIONS.

16.3

If you are still entitled to a payment after you have deleted your ACCOUNT (money on your virtual WALLET), ZTOON will ensure that the payment due will be made available to you and by the financial channels available or possible to it. However, in the event your PROFILE has been deleted as a result of an infringement of these TERMS & CONDITIONS, ZTOON reserves the right to keep (all or part of) the payment due if ZTOON suffered damages as a result of such infringement.