ZARYO - Terms and Conditions

Terms and Conditions


TERMS OF USE AGREEMENT FOR ZARYO.CO.UK

Welcome to Zaryo.co.uk. Zaryo is built by a team of professionals providing a service for you with a simple, convenient and cost-effective way that enables you to get and manage the vital industry information you'll need in building a career in TV, theatre, movies or modeling. Zaryo offers you information about auditions, castings and productions and allows you to manage your own profile with access to a billboard showing the newest published messages from the industry you want to work in. In addition you will get updates on your mobile with the hottest auditions and castings that fit your personal profile. In order to sign up for the service, you fill out the simple registration form and once it's completed, you'll receive access to your own private web-page where you can request the audition types in which you're most interested.

When you complete the registration form, by entering your email and phone number, you have accepted the following terms and conditions and accepted that these terms and conditions govern all relations and dealings between Zaryo and any User.

Zaryo reserves the right to change these terms and conditions through methods not limited to addition or deletion. All Users accept that notice of any changes made to these terms and conditions will be made by Zaryo having hosted on their web site the set of terms and conditions that govern all relations between Zaryo and Users and that notice will be placed on the home site screen accessible to Users.

Users accept that they are deemed to be notified of any changes to these terms and conditions where Zaryo has complied with the prescribed notification method and the User elects to use a Zaryo service. User's accept that all responsibility for the currency of their knowledge of the Zaryo terms and conditions is vested in the individual User or prospective User once Zaryo has complied with its prescribed notification provisions.

DESCRIPTION OF SERVICES

Zaryo provides you with access to a variety of resources including general information and SMS content, such as information data via the Internet, SMS, MMS, WAP, BREW and other means of mobile content delivery to certain compatible mobile devices. The Services, including any updates, enhancements, new features, and/or the addition of any new web properties, are subject to Zaryo.

You acknowledge and agree that the Service is for your personal use on the mobile device designated during the registration. You agree that you may not transmit, broadcast, upload to any computer or mobile device, or make commercial use of the Service.


REGISTRATION AND ACCESS TO SERVICE

(a) Access to the Service. In order to use the Service, you must have a mobile communications subscription with a participating carrier or otherwise have access to a mobile communications network for which Company makes the Service available as well as any carrier services necessary to provide SMS content and pay any service fees associated with any Zaryo services. In addition, you must provide all equipment and software necessary to connect to the Service, including, but not limited to, a mobile hand set or other mobile access device that is in working order and suitable for use in connection with the Service.

(b) Service Plans. Zaryo is offering its services as individual information. The Subscription Service between you and Zaryo shall begin when Zaryo, upon your request, has provided you with access to the Service (such access may be based on a personal details generated for that purpose or on other data that Zaryo deems sufficient for your identification) The subscription plan shall remain in effect until terminated and/or canceled by you or Zaryo.
After entering into your subscription plan, every time there is suitable information fitting your profile and personal details as provided by you, Zaryo will send an information message to your mobile device. The provision of credits and the making available of the possibility to receive and/or access information and content is offered for a fee as specified further.

(c) Registration Data. If you opt to register for the Service on our Website, you agree to: (i) provide true, accurate and complete information about yourself as prompted by the registration form and (ii) maintain and promptly update the Registration Data to keep it true, accurate, current and complete. If Zaryo has reasonable grounds to suspect that the Registration Data is untrue, inaccurate or incomplete, Zaryo has the right to suspend or terminate your account and refuse any and all current or future use of the Service.
You acknowledge and agree that we may rely on the Registration Data to send you important information and notices regarding your account and our Services. You acknowledge and agree that we shall have no liability associated with or arising from your failure to maintain accurate Registration Data, including, but not limited to, your failure to receive critical information about the Service or your account. You further agree that we (ourselves or through third party service providers) are authorized to verify such registration data.

(d) Interruptions or Discontinuation of Service. Company reserves the right at any time and from time to time to modify, suspend, discontinue or permanently cancel the Service, or portions thereof, with or without notice to you. If the Service, or any part thereof, for which you subscribe is permanently discontinued or canceled by Company we will cancel your subscription.

(e) Third Party Products and Services. We may make available or provide access to products and services of independent third parties either directly or via links to websites operated by such third parties. Such products or services shall be purchased and/or obtained directly from such third party.
You acknowledge and agree that COMPANY SHALL NOT BE A PARTY TO, OR IN ANY WAY RESPONSIBLE FOR, ANY TRANSACTION CONCERNING PRODUCTS OR SERVICES MADE AVAILABLE FROM SUCH THIRD PARTIES OR FOR ANY CONTENT OR INFORMATION PRESENTED IN CONNECTION WITH ANY PRODUCTS OR SERVICES OF THIRD PARTIES.

PRIVACY POLICY

You acknowledge that Zaryo collects and processes "personal information"(i.e. information that could be used to contact you, such as full name, postal address, phone number or e-mail address), or "demographic and usage information" (i.e. information that you submit, or that we collect, that is neither personal information nor financial information but necessary for the proper functioning and billing of our service, such as date regarding the start and end and the extent of your usage of the service), subject to the rest of this paragraph in order to operate this site. We may pass on your personal information to your mobile phone service provider to secure collection of fees. Further, we may pass on your information to governmental agencies, including but not limited to courts and law enforcement agencies, for legal proceedings and the prevention of crimes. Furthermore, we may pass on your contact information to third party advertisement .By using the Service, you consent to any such transfer of information outside of your country. Your personal information, financial and demographic information will be deleted no later than six months after termination of your subscription. Zaryo may store your information beyond this date if that is required by law or contract.

DISCLAIMER OF WARRANTIES AND LIMITATIONS OF LIABILITY

Zaryo expressly disclaims any responsibility or liability for the use of the Services by you. Zaryo also disclaims any and all responsibility or liability for:
(a)The accuracy, content, completeness, legality, reliability, operability, or availability of information or material in this Site or the information you obtain through your mobile device. (b) The deletion, failure to store, misdelivery, or untimely delivery of any information or material. (c) Any harm resulting from downloading, or accessing any information or material through the Site.

YOU UNDERSTAND AND AGREE THAT YOUR USE OF THE SERVICE, IS SOLELY AT YOUR OWN RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR MOBILE DEVICE OR LOSS OF DATA THAT MAY RESULT FROM YOUR USE. YOU AGREE THAT THE SERVICE IS PROVIDED ON AN "AS IS," AND "AS AVAILABLE" BASIS, EXCEPT AS OTHERWISE NOTED IN THIS AGREEMENT. YOU ACKNOWLEDGE AND AGREE THAT COMPANY SHALL HAVE NO LIABILITY TO YOU, OR TO ANY THIRD PARTY, FOR ANY MODIFICATION, SUSPENSION, DISCONTINUANCE OR TERMINATION OF THE SERVICE, OR ANY PART THEREOF. WE EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. COMPANY MAKES NO WARRANTIES THAT THE SERVICE WILL MEET YOUR REQUIREMENTS, OR THAT THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE.
NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US OR THROUGH OUR SERVICES SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN, YOU MAY NOT RELY ON ANY SUCH INFORMATION OR ADVICE. TO THE EXTENT JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.

INDEMNIFICATION

You agree to release, indemnify, defend and hold harmless Zaryo, its parent company, subsidiaries, affiliates, officers, directors, shareholders, contractors, agents, employees, licensees and assigns from all liabilities, claims, damages, costs and expenses, including reasonable attorneys' fees, made by any third party due to or arising out of or in connection with (a) your use of the Service, and (b) the breach by you of your representations and warranties set forth herein.

INTELLECTUAL PROPERTY RIGHTS

Except as otherwise set forth herein, all right, title and interest in and to any intellectual property, proprietary rights or other rights related to intangible property which are used, developed, comprising, embodied in, or practiced in connection with any of the Service (" Zaryo Intellectual Property Rights") are owned by Zaryo or its licensees, and you agree to make no claim of interest in or ownership of any such Zaryo Intellectual Property Rights. You acknowledge that no title to the Zaryo Intellectual Property Rights is transferred to you, and that you do not obtain any rights, express or implied, in the Service, other than the rights expressly granted in this Agreement.

SEVERANCE

(a) Zaryo is not responsible for any incorrect or inaccurate information, either caused by the consumer or for any of the equipment or programming associated with or utilized in the service, or for any technical error, or any combination of these that may occur in the course of the administration of the service including any omission, interruption, deletion, defect, delay in operation or transmission, communications line or telephone, mobile or satellite network failure, theft or destruction or unauthorised access to or alteration.

(b) No responsibility is accepted for lost, late, incomprehensible or incorrect transmission of message content.

(c) Zaryo is not liable for any loss or damage suffered (including without limitation direct, indirect and consequential loss and damages) or for personal injury suffered or sustained as a result of using or trying to use the service, except for any liability which cannot be excluded by law

(d) Zaryo is not liable for any failure to comply with these terms and conditions. If any part or provision in these conditions is found to be invalid, unenforceable or illegal for any reason, that part or provision shall be severed and the remaining provisions shall continue in full force.

PROPRIETARY RIGHTS IN CONTENT

(a) Zaryo Content
You represent and warrant that: the posting of your Content on does not violate the privacy rights, publicity rights, copyrights, contract rights or any other rights of any person or entity. You agree to pay for all royalties, fees, and any other monies owing any person or entity by reason of any Content posted by you on.
Zaryo Content is protected by copyright, trademark, patent, trade secret and other laws, and Zaryo owns and retains all rights in the Zaryo Content and the Zaryo Services. Zaryo hereby grants you a limited, revocable, non-sublicensable license to reproduce and display the Zaryo Content (excluding any software code) solely for your personal use in connection with viewing the Zaryo Website and using the Zaryo Services.
Except as provided within this Agreement, you may not copy, modify, translate, publish, broadcast, transmit, distribute, perform, display, or sell any Content appearing on or through the Zaryo Services.

(b) Content Posted
Zaryo may reject, refuse to post or delete any Content for any or no reason, including Content that in the sole judgment of Zaryo violates this Agreement or which may be offensive, illegal or violate the rights of any person or entity, or harm or threaten the safety of any person or entity. Zaryo assumes no responsibility for monitoring the Zaryo Services for inappropriate Content or conduct. If at any time Zaryo chooses, in its sole discretion, to monitor the Zaryo Services, Zaryo nonetheless assumes no responsibility for the Content, no obligation to modify or remove any inappropriate Content, and no responsibility for the conduct of the User submitting any such Content.
You are solely responsible for the Content that you post on or through any of the Zaryo Services, and any material or information that you transmit to other Members and for your interactions with other Users.

(c) Content/Activity Prohibited
The following are examples of the kind of Content that is illegal or prohibited to post on or through the Zaryo Services. Zaryo reserves the right to investigate and take appropriate legal action against anyone who, in Zaryo 's sole discretion, violates this provision, including without limitation, removing the offending Content from the Zaryo Services and terminating the Membership of such violators. Prohibited Content includes, but is not limited to, Content that, in the sole discretion of Zaryo:
- is patently offensive and promotes racism, bigotry, hatred or physical harm of any kind against any group or individual;
- harasses or advocates harassment of another person;
- exploits people in a sexual or violent manner;
- contains nudity, excessive violence, or offensive subject matter or contains a link to an adult website;
- publicly posts information that poses or creates a privacy or security risk to any person;
- constitutes or promotes information that you know is false or misleading or promotes illegal activities or conduct that is abusive, threatening, obscene, defamatory or libelous;
- constitutes or promotes an illegal or unauthorized copy of another person's copyrighted work, such as providing pirated computer programs or links to them, providing information to circumvent manufacturer-installed copy-protect devices, or providing pirated music or links to pirated music files;
- involves the transmission of "junk mail," "chain letters," or unsolicited mass mailing, instant messaging, "spimming," or "spamming";
- contains restricted or password only access pages or hidden pages or images (those not linked to or from another accessible page);
- furthers or promotes any criminal activity or enterprise or provides instructional information about illegal activities including, but not limited to making or buying illegal weapons, violating someone's privacy, or providing or creating computer viruses;
- includes a photograph or video of another person that you have posted without that person's consent;
- violates the privacy rights, publicity rights, copyrights, trademark rights, contract rights or any other rights of any person.

FEES

Current service costs £4.50 per week. To cancel text "stop" to 60999. Standard message charges apply. Zaryo keep the rights to change the rates any time. Users will be notified of any change in the cost of using the service at the time of the change coming into effect. We are not responsible for paying any amounts billed to your credit card or mobile phone bill by a third party which were not authorized by you, or through your non-understanding of these conditions.
Unless otherwise indicated, the charges shall be invoiced on your mobile operator's bill. The ability to receive text messages to Your mobile phone is dependent on individual mobile operator agreements and subscriptions, your SIM card settings and your phone settings.
We are not responsible for paying any amounts billed to your credit card or mobile phone bill by a third party which were not authorized by you, or through your non-understanding of these conditions.
All fees are due immediately and are non-refundable, except as otherwise expressly noted.

TERMINATION AND CANCELLATION OF SERVICES

To cancel the service the subscriber has to send a text message with the word "stop" to the number 60999 or go to ‘Contact Us’ on the Website or send an e-mail to smssupport@zaryo.co.uk

If you have any question regarding the use of the Zaryo Site, please refer to the Frequently Asked Questions (FAQ´s). All other questions or comments about the Zaryo Site or its contents should be directed to smssupport@zaryo.co.uk

I HAVE READ THIS AGREEMENT AND AGREE TO ALL OF THE PROVISIONS CONTAINED ABOVE.