This website ("Site") is provided to you by ZP Online Publising Ltd. ("ZaneEducation"). Your access to and use of this Site is subject to these Terms and Conditions of Use. By accessing this Site you ("you") agree to be bound by these Terms and Conditions of Use whether or not you have read them. If you do not agree to these Terms and Conditions of Use, do not access this Site. ZaneEducation may at its sole discretion modify these Terms and Conditions of Use at any time and such modifications will be effective immediately upon being posted on this Site. Your continued use of this Site will indicate your acceptance of these modified Terms and Conditions of Use.
To review the relevant parts of our Trading Terms and Conditions please see as follows:
Price and Availability
Reliance on Information
Changes to The Website
Changes to Terms and Conditions
Unsolicited Submission Policy
Managing Your Password and Your Account
Notice and Procedure for Making Claims of Copyright Infringement
Disclaimer of Warranties
Limitation of Liability
Reliance On Information
ZaneEducation Video Subscriptions and Membership Terms and Conditions
Sales Tax Policy
Delivery of Gold, Silver, Bronze and Topic Taster Subscription Membership Benefits
ZaneEducation Video, Quiz and Other Download Terms and Conditions
Acceptance of Terms and Registration
License To Site Content and Premium Content
The products and services offered or referred to on this Site are subject to availability of the products and services. Further, availability for purchase or rental of product types or individual products is subject to change by ZaneEducation in its sole discretion at any time without notice. Contemplation of certain product types in these Terms and Conditions of Use does not mean such products or product types are available for purchase or rental, on the Site or otherwise, at any given time. The prices stated for such products and services are subject to change without notice.
This Site may include inaccuracies or typographical errors that may be corrected as they are discovered at ZaneEducation's sole discretion.
Changes may be made at any time to the information, names, text, software, images, pictures, logos trade-marks, products and services and any other material displayed on, offered through or contained on this Site.
ZaneEducation's personal information practices on this Site are governed by ZaneEducation's privacy statement. Please review this privacy statement and print a copy for your records. This Site does not intend to target or collect personal information from individuals under the age of 13.
This Site may contain links to or references to third party websites. These links are provided for your convenience only. No endorsement of any third party products, services or information is expressed or implied by any information, material or content of any third party contained in, referred to, included on, or linked from or to this Site. Any information, data, opinions, recommendation, products or services provided by such third parties through links to other websites or otherwise made available through their websites are solely those of such third parties and not of ZaneEducation or its affiliates. Your use of such third party websites is subject to the terms and conditions of use and the privacy policies of such websites.
In providing registration and transactional information to ZaneEducation, you agree to provide true, accurate, current and correct information about yourself, and to maintain and update registration information to keep it true, accurate, current and complete. If ZaneEducation has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, ZaneEducation has the right to suspend or terminate your account and refuse any and all current or future use of the account.
In using this Site you agree that you will not: (a) post, disseminate or transmit unauthorized advertising, promotional materials, chain letters, junk mail or any other type of unsolicited mass email to people or entities who have not agreed to be part of such mailings; (b) omit, delete, forge or misrepresent transmission information, including headers, return mailing and Internet protocol addresses, or otherwise manipulate identifiers to disguise the origin of any content; (c) impersonate any person or entity, or falsely state or otherwise misrepresent an affiliation with any person or entity; (d) engage in any activities intended to withhold or cloak identity or contact information; (e) send harassing and/or threatening messages to others; (f) post excessive responses to interactive features or functions of this Site or (g) engage in 'flooding', i.e., ICMP flooding and mail bombing (sending large amounts of email repeatedly to the same email address)
You agree that you are responsible for your own communications and that you will not post, disseminate or transmit any content that: (a) is unlawful, harassing, defamatory, abusive, threatening, obscene, harmful, tortuous, libelous, or invasive of another's privacy; (b) infringes or violates any party's copyright, trademark, trade secret, patent or other proprietary right including, but not limited to, using third-party copyrighted materials without appropriate permission, using third-party trademarks without appropriate permission or attribution, and using or distributing third-party information protected as a trade secret in violation of a duty of confidentiality; (c) you do not have the right to disseminate or transmit under law, or contractual or fiduciary relationships; or (d) contains personally identifiable information belonging to minors.
To the extent that the following activities are prohibited by applicable law, in using this Site you will not: (a) use the Site for any illegal purpose, in violation of any applicable laws or regulations; (b) publish web pages that contain links that initiate downloads of copyright-infringing or other illegal material; (c) electronically stalk or otherwise electronically harass another; or (d) engage in any Internet activities that would violate the personal privacy rights of others, including but not limited to, collecting and distributing information about Internet users without their permission, except as permitted by applicable law.
To the extent that any of the following activities materially interfere with this Site or the network and systems of a ZaneEducation service provider ("Service"), you will not: (a) post, disseminate or transmit any worm, viruses or other harmful, disruptive or destructive files, code or programs on this Site; (b) use Internet Relay Chat (IRC) bots, i.e., programs that utilize excessive resources by connecting to an IRC network and running 24 hours per day; (c) hinder the ability of others to use IRC; (d) disrupt the normal flow on this Site or otherwise act in a manner that negatively affects other users' ability to engage in real time exchanges; (e) interfere with, disrupt, or harm in any way the servers or networks connected to this Site or Service; (f) use this Site or Service to access the accounts of others without permission; (g) attempt to penetrate security measures of this Site, Service, or another entity, or obtain or bypass others passwords; or (h) engage in denial of service attacks, i.e., actions designed to impair network access by flooding a site or the Internet with useless traffic.
ZaneEducation holds the exclusive rights to the Video and Quizz databases (the "Guides") of educational information and references appearing on this website, including, among other things, images, lists of artists, movies, genres, ratings, plot synopses, reviews, and biographies, and video titles, platforms and systems requirements. You may not modify, download, copy or scan or use any other method to reproduce, duplicate, translate, republish, transmit or distribute in any way any portion of the Guides, and you may not store any part of the Guides on your hard drive (except as cached by your web browser), CD ROMS or other mediums. Further, you may not publish, disseminate, transfer, sell, assign, rent, timeshare, or license the Guides or any material subset thereof, or any copies thereof, except as permitted under applicable law. You are further prohibited from engaging in "Data Mining", which is excessive sampling behavior, or use of the data contained in the Guides, as measured by repetitive 'hits' or inquiries to the Guides in a given day. Your viewing of the Guides is for your personal, noncommercial use only. You will be held legally responsible for any unauthorized use of the Guides.
ZaneEducation does not accept, by any means of transmission, any unsolicited submissions, in any form whatsoever including, without limitation, any marketing, advertising and/or creative suggestions, scripts, lyrics, jingles, product samples, prototypes, videos and/or quizzes (hereinafter referred to as "Submissions"). If you elect to forward to us any such Submission, then by doing so, you acknowledge that said Submission has not been requested by us and that (1) we are not liable for any use, disclosure, or return to you of your Submission, (2) no confidential relationship is established or is to be implied in any way from our receipt of the Submission and any statement to the contrary with your Submission shall not alter this condition, (3) you understand that you will not be entitled to any compensation from us based upon your Submission, (4) the receipt of your Submission shall not constitute a waiver by us of our rights to contest the validity of any copyright, or other intellectual property rights that you may now or hereafter claim for the Submission, and (5) any previously, concurrently or subsequently submitted materials relating to this Submission shall be considered to have been submitted in accordance with these conditions.
You are solely responsible for managing your password and for keeping your password confidential. No one from ZaneEducation will be authorized to provide your password. If you have forgotten your password, go to the Sign In link at the top of the screen, then click on "Forgot your password." Follow the instructions, and a link to change your password will be emailed to you. You are also solely responsible for restricting access to any computer you use to access your ZaneEducation.com account or your ZaneEducation ONLINE membership. You agree that you are responsible for all activities that occur on your account or through use of your password by yourself or by other persons.
PLEASE NOTE that any Member of the ZaneEducation.com website that shares their Username and Password with any other person without the written permission of ZaneEducation shall have their Membership and Subscription immediately revoked and shall not be entitled to any refund of any moniew paid for that Membership or Subscription.
If you believe that your work has been copied in a way that constitutes copyright infringement, please provide ZaneEducation with the written information specified below. Please note that this procedure is exclusively for notifying ZaneEducation and its affiliates that your copyrighted material has been infringed.
ZaneEducation's Copyright Administrator for notice of claims of copyright infringement on this website can be reached by using our Contact page and you should address your message to The Copyright Administrator.
The materials displayed on or contained within this Site including, without limitation, all Site software, design, text, editorial materials, informational text, photographs, illustrations, videos, audio clips, video clips, quizzes, short features, artwork and other graphic materials, and names, logos, trademarks and service marks (the "Materials"), are the property of ZaneEducation or its licensors and are protected by copyright, trademark and other intellectual property laws. ZaneEducation name, design and related marks are trademarks of ZaneEducation and ZP Online Publishing Ltd.© 2010 ZaneEducation Inc. All rights reserved.
ZaneEducation hereby grants you a personal, non-exclusive, non-assignable and non-transferable license to use and display the Materials for noncommercial and personal use only; provided that you maintain all copyright and other notices contained in such Materials. You agree not to reproduce, modify, create derivative works from, display, perform, distribute, disseminate, broadcast or circulate any Materials to any third party (including, without limitation, the display and distribution of Materials via a third part website) without express prior written consent of ZaneEducation. Use of Materials is only permitted with the express written permission of ZaneEducation and/or its licensors. You further agree that you will not disassemble, decompile, reverse engineer or otherwise modify the Materials.
This Section will survive the termination of your right to use this Site.
THIS SITE, ITS CONTENTS, AND ANY SOFTWARE, PRODUCTS, AND SERVICES OFFERED OR CONTAINED HEREIN ARE PROVIDED ON AN "AS IS" BASIS AND ON AN "AS AVAILABLE" BASIS. ZaneEducation MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND WITH RESPECT TO THIS SITE, ITS CONTENTS, OR SUCH SOFTWARE PRODUCTS AND SERVICES, AND DISCLAIMS ALL SUCH REPRESENTATIONS AND WARRANTIES, INCLUDING, WITHOUT LIMITATION, FOR EXAMPLE WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE., NON-INFRINGEMENT OF THIRD PARTY RIGHTS, ERROR-FREE OR UNINTERRUPTED SERVICE, ACCURACY AVAILABILITY, RELIABILITY, SECURITY, CURRENCY AND COMPLETENESS ARISING FROM OR RELATING TO THIS SITE, ITS CONTENT OR ANY LINKS, ANY SOFTWARE, TOOLS, TIPS, PRODUCT OR SERVICES PROVIDED THROUGH THIS SITE. IN ADDITION, ZaneEducation DOES NOT REPRESENT OR WARRANT THAT THE INFORMATION ACCESSIBLE VIA THIS SITE IS ACCURATE, COMPLETE OR CURRENT. PRICE AND AVAILABILITY INFORMATION IS SUBJECT TO CHANGE WITHOUT NOTICE.
IN NO EVENT SHALL ZaneEducation, ITS AFFILIATES, ZaneEducation FRANCHISEES AND ANY OF THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AGENTS OR OTHER REPRESENTATIVES BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, PUNITIVE OR AGGRAVATED DAMAGES (INCLUDING WITHOUT LIMITATION DAMAGES FOR LOSS OF DATA, INCOME OR PROFIT, LOSS OF OR DAMAGE TO PROPERTY AND THIRD PARTY CLAIMS) OR ANY OTHER DAMAGES OF ANY KIND, ARISING OUT OF OR IN CONNECTION WITH: THIS SITE; ANY MATERIALS, INFORMATION, QUALIFICATION AND RECOMMENDATIONS APPEARING ON THIS SITE; ANY SOFTWARE, TOOLS, TIPS, PRODUCTS, OR SERVICES OFFERED THROUGH, CONTAINED IN OR ADVERTISED ON THIS SITE; ANY LINK PROVIDED ON THIS SITE; AND YOUR ACCOUNT AND PASSWORD, WHETHER OR NOT ZaneEducation HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THIS EXCLUSION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW. THIS PROVISION SHALL SURVIVE THE TERMINATION OF YOUR RIGHT TO USE THIS SITE.
YOU ACKNOWLEDGE THAT YOU WILL BE FULLY LIABLE FOR ALL DAMAGES RESULTING DIRECTLY OR INDIRECTLY FROM YOUR USE OF THIS SITE.
You agree to indemnify and hold harmless ZaneEducation and its affiliates and their respective directors, officers, employees, agents or other representatives from and against all claims, liability and expenses, including all legal fees and costs arising from or relating to (a) your breach of these Terms and Conditions of Use; and (b) your use of this Site including transmission or placement of information or material by you on this Site. This provision shall survive the termination of your right to use this Site.
All disputes between you and ZaneEducation arising or relating to: (a) these Terms and Conditions of Use; (b) this Site; (c) any advertisement or promotion relating to these Terms and Conditions of Use or this Site; or (d) transactions effectuated through this Site; or (e) the relationship which results from these Terms and Conditions of Use (including relationships with third parties who are not party to these Terms and Conditions of Use) (collectively "Claims") shall be resolved by binding individual arbitration under the American Arbitration Association's rules for consumer-related disputes. Neither you nor ZaneEducation will participate in a class action or class-wide arbitration for any claims covered by this agreement. If this class action waiver is found to be unenforceable in a particular case, then this entire arbitration agreement shall be null and void in that case. This agreement shall be governed by the Federal Arbitration Act and, where consistent, Texas law. ZaneEducation reserves the right to change this dispute resolution provision, but any such changes will not apply to disputes filed before the effective date of the amendment. This provision will survive the termination of your right to use this Site.
ZaneEducation may at any time and at its sole discretion terminate your right to use this Site.
These Terms and Conditions shall be governed by, construed and enforced in accordance with the laws of the State of Texas, without regard to its conflict of laws provisions.
This Site may include publications with technical inaccuracies or typographical errors that may be corrected as they are discovered at ZaneEducation's sole discretion. Also, changes are periodically made to the information contained herein.
Except for the portion of these Terms and Conditions specifically labeled as the ZaneEducation Online Video Subscription Terms and Conditions, which govern all subscriptions to the ZaneEducation Online Video Subscription service, and the agreements, terms and conditions applicable to ZaneEducation Video Subscription memberships which apply to all dealings between ZaneEducation and its members (the "Membership Rules"), these Terms and Conditions of Use constitute the entire agreement between you and ZaneEducation with respect to your use of this Site and supersede all previous agreements, understandings and representations relating thereto. In the event of an inconsistency between these Terms and Conditions of Use and the Membership Rules, these Terms and Conditions of Use shall prevail. In the event of an inconsistency between these Terms and Conditions of Use and the ZaneEducation Online Video Subscription Terms and Conditions, the ZaneEducation Online Video Subscription Terms and Conditions shall prevail. No failure by ZaneEducation or you to exercise any rights, powers or remedies hereunder or its delay to do so shall constitute a waiver of these rights, powers or remedies. The single or partial exercise of a right, power or remedy shall not prevent its subsequent exercise or the exercise of any other right, power or remedy. If any provision of this Agreement or part thereof is or becomes illegal, invalid or unenforceable in any jurisdiction, the illegality, invalidity or unenforceability of that provision will not affect the legality, validity or enforceability of the remainder of the provision or the remaining provisions of this Agreement, as the case may be, or the legality, validity or enforceability of that provision or part thereof in any other jurisdiction.
In addition to the foregoing ZaneEducation Online Site Terms and Conditions of Use, membership in the ZaneEducation Online Video Subscription service ("ZaneEducation Online") is subject to the following additional Online Video Subscription Terms and Conditions, and to payment of the applicable periodic membership fee plus applicable taxes. Amount of the membership fee may be changed from time to time as provided herein. ZaneEducation Online membership is not transferable. The ZaneEducation Online membership term commences on the date you sign up for ZaneEducation Online membership and is valid with renewals until cancellation as outlined below (the "Membership Term"). By subscribing to ZaneEducation, you agree to be bound by these Online Video Subscription Terms and Conditions. You must be at least eighteen years old and have Internet access, a valid email address, and a valid credit card, check card or checking account to be a member of ZaneEducation.
These Online Rental Terms and Conditions are subject to change by ZaneEducation at any time, in its sole discretion, with or without advance notice. The most current version of the Online Rental Terms and Conditions, which will supersede all earlier versions, can be accessed through the hyperlink at the bottom of the ZaneEducation.com site. You should review the Online Video Subscription Terms and Conditions regularly, to determine if there have been changes. Continued use of your ZaneEducation Online membership constitutes acceptance of the most recent version of the Online Video Subscription Terms and Conditions.
All ZaneEducation Online membership plans allow members to subscribe to the online use of videos from ZaneEducation by paying a periodic fee. You can subscribe to use as many videos as you choose, up to the limit applicable to each membership plan (the "ZaneEducation Online Video Subscriptions"). You may use ZaneEducation Online Video Subscriptions as long as you choose during your Membership Term, for no charge other than the applicable periodic ZaneEducation membership fee (plus applicable taxes).
You may have only one ZaneEducation Online Video Subscription membership plan per email address at any one time. However, you may upgrade or downgrade among membership plans, as described below.
Access to Your ZaneEducation Online Account.
Consent to Electronic Communications.
You consent to receive communications from ZaneEducation about your ZaneEducation membership electronically, either by e-mail or by notices posted on this site, as determined by ZaneEducation in its sole discretion. You agree that any requirement that a notice, disclosure, agreement, or other communication be sent to you by ZaneEducation in writing is satisfied by such electronic communication. You agree that ZaneEducation may send you e-mails which include notices about your account as well as information pertaining to our service, such as featured products or new offerings. You agree that this information is part of your subscription and your relationship with ZaneEducation.
How to Subscribe For the Free Basic Membership.
To subscribe to ZaneEducation, you simply need to Register on the website providing to ZaneEducation your name, e-mail address and/or any other information that is requested on the online registration form at the time of registration.
How to Subscribe For the Gold, Silver, Bronze or Topic Taster Memberships.
To subscribe to ZaneEducation, you simply need to Register on the website providing to ZaneEducation your name, e-mail address and/or any other information that is requested on the online registration form at the time of registration. After completion and automatic confirmation by email of your Basic Membership, you then need to select the further Gold, Silver, Bronze or Topic Taster Basic Membership options shown on our Membership page.
To subscribe to the ZaneEducation Membership option of your choice, you must provide to ZaneEducation your name, address, e-mail address and credit card, check card, or checking account charge authorization information for the payment method that you provide for payment of the periodic membership subscription fee (hereinafter referred to as your "Payment Method"). By requesting membership in ZaneEducation Online and by accepting the benefits of ZaneEducation online, you agree that as a condition of your continued membership in ZaneEducation Online you authorize ZaneEducation or its agent to charge your Payment Method the relevant periodic ZaneEducation online video subscription membership fee (plus applicable taxes) applicable to your membership plan (e.g., Gold, Silver, Bronze or Topic Taster), in effect from time to time, on each periodic anniversary date of that plan, until your ZaneEducation Online membership is canceled as herein provided. For example, if you have a monthly plan, and your paid membership began on June 19, your periodic anniversary date is the 19th of each month, and your Payment Method will be charged for the applicable periodic (monthly) membership fee on that date each month. If you have a six-month plan, and your paid membership began on June 19, your periodic anniversary date is the 19th of every sixth month (that is, each December and June), and your Payment Method will be charged for the applicable periodic (six months) membership fee on that date every six months. If your periodic anniversary date falls on a date that is not contained in your anniversary month (for example, if your paid membership started on the 31st day of a month), your Payment Method will be charged on the first day of the following month. You will not be provided with copies of charge slips evidencing the recurring charges of the applicable periodic membership fee. You agree to pay the applicable periodic membership fees (plus taxes) in accordance with your Payment Method issuer agreement, if applicable. You also authorize ZaneEducation to charge your Payment Method for any other charges you may incur associated with your ZaneEducation online membership.
PLEASE NOTE that all subscribers hereby agree that by purchasing any subscription that you, and you alone promise to manage your subscriptions in a timely manner. Each subscriber is provided on their Members Page with the ability to cancel their subscription(s) at any time. If you fail to cancel your subscription at least 3 days before the date of automatic renewal, then it is your responsibility. Please also note that Zane Education cannot cancel your subscrption for you or any other Member because we do not retain any payment information whatsoever so as to ensure the greatest security for all our customers.
Pending Charges for Payment Cards.
If your Payment Method is a credit or charge card (the Payment Card), you also authorize ZaneEducation to place a pending charge to your Payment Card when you sign up for membership, and prior to each subsequent periodic charge. Pending charges are used to verify your billing address and the validity of your Payment Card, are temporary (typically 3 to 7 days in length), and will not be converted into an actual charge to you. Pending charges, while pending, will, however, reduce the available amount of credit on your Payment Card in the amount of $1 per pending charge.
Fees Relating to your Payment Method.
You are solely responsible for any and all fees charged to your Payment Method by the issuer, bank, or financial institution including, but not limited to, membership, overdraft, insufficient funds and over the credit limit fees.
Electronic Fund Transfer Authorization By Checking Account Users.
If the Payment Method you have provided is a checking account, you authorize Wachovia Bank Check Services, Inc. ("Wachovia Bank") to create an EFT which will be presented to your bank for payment from your checking account. The checking account must be at a bank in the United States, and the check must be payable in U.S. Dollars. To extend your Membership Term period to period, you authorize Wachovia Bank to charge your checking account on periodic anniversary dates and therefore to effect pre-authorized transfers from your checking account. Your request to pay your recurring periodic ZaneEducation online Video Subscription membership fee (plus applicable taxes) with pre-authorized charges to your checking account and your electronic execution of an acknowledgement of your acceptance of these terms and conditions constitutes your pre-authorized EFT authorization for future charges on your checking account and your assent to these terms and conditions. You further acknowledge that the amount charged to your checking account may be different from time to time, in accordance with these ZaneEducation Online Video Subscription Terms and Conditions, including, without limitation, differing amounts due to promotional offers, differing amounts due to changes in your membership plan, changes in the amount of applicable sales tax, or termination of your membership, and you authorize Wachovia Bank to charge your checking account for such varying amounts. You agree that if an EFT is returned unpaid, you will pay a service charge of the maximum allowed by law. EFTs returned for insufficient or uncollected funds together with service charges, may be debited electronically from your account or collected using a bank draft drawn from your account. You may cancel your ZaneEducation online video subscription membership as described below. This cancellation will cancel any checking account authorization that was to occur on any day after the date of cancellation. No refunds will be made for ZaneEducation Online membership fees already paid or debited. You may also cancel your pre-authorized debit authorization by contacting your bank within a sufficient time to cancel the authorization (see your agreement with your bank for the terms and conditions of cancellation), but cancellation of your authorization with your bank will not serve as notice to ZaneEducation concerning cancellation of your ZaneEducation Online membership.
From time to time, in ZaneEducation's sole discretion, ZaneEducation may offer a reduced membership fee for the ZaneEducation Online Video Subscription service for a specified promotional period, to first-time or other selected customers. If you are taking advantage of an introductory offer for new customers, at the time of registration for the ZaneEducation Online service, your Payment Method will be charged the promotional price plus applicable taxes for the promotional period. For all promotional offers, you agree that any such reduced price is only valid for the specified promotional period, and that the regular applicable periodic membership fee plus applicable taxes will be charged to your Payment Method for each automatic renewal following the end of the promotional period. Terms of the promotional offer, including the promotional price and duration of the promotional price, may vary from time to time. Specific details of your offer not covered in these Online Video Subscription Terms and Conditions will be explained on the web page on which you land prior to beginning the sign-up process or as part of the sign-up process.
From time to time, in ZaneEducation's sole discretion, ZaneEducation may offer a free trial period to first-time customers, limit one per household and/or Payment Method provided. Where such an offer is made, at the time of registration for your free trial, your credit or check card will be authorized for one month of service plus applicable taxes, though your Payment Card will not be charged for the duration of the free trial period. Other terms of free trial offers, including duration of free trial, may vary. Specific details of your free trial not covered in these Online Video Subscription Terms and Conditions will be explained on the web page you land on prior to beginning the sign-up process or as part of the sign-up process. Your trial period begins the day you sign up for ZaneEducation Online membership.
Upon completion of the free trial period, your subscription to ZaneEducation online will renew automatically on a monthly basis regardless of the length of your free trial period. The first day following the expiration of your free trial period will be your anniversary date for billing purposes during your Membership Term. Your Payment Method will be charged the recurring monthly membership fees and any applicable sales tax on the day following the expiration of your free trial period unless you have chosen to cancel your subscription prior to the conclusion of the free trial period. YOU MUST CANCEL YOUR SUBSCRIPTION PRIOR TO THE END OF THE FREE TRIAL OFFER TO AVOID CHARGES TO YOUR PAYMENT METHOD. You will not receive any notification from ZaneEducation Online at the expiration of your free trial. Please note the expiration date of your free trial for your records.
During the free trial period, you will receive the benefits of ZaneEducation for no charge. Free trial participants may receive the online use of as many ZaneEducation videos as they wish during the free trial, subject only to the Terms and Conditions of that particular free trial offer. Membership may be cancelled or modified at any time prior to the end of your free trial through the "My Account" link at ZaneEducation. Any plan changes made to your account prior to the end of your free trial will nullify the remaining period of your free trial and you will be charged for the new plan selected. For example, if you are in a free trial for a Silver Membership, but decide to change to a Bronze Membership, your free trial for the Silver Membership plan will immediately terminate and your credit card will be charged for the Bronze Membership plan.
Expiration Date and Refusal of Charges to Your Payment Card.
EXPIRATION DATE AND REFUSAL OF CHARGES TO YOUR PAYMENT CARD: If your Payment Card reaches its original expiration date, your failure to cancel your ZaneEducation Online membership constitutes authorization for ZaneEducation to continue billing that Payment Card. If your Payment Card for any reason will not accept charges for any periodic membership fee, you have a period of nine (9) days from the date that your Payment Card was declined to make your Payment Card information valid by either rectifying the issue with the Payment Card issuer or providing new Payment Card information at www.ZaneEducation.com. If ZaneEducation is able to charge your Payment Card (existing or new, if you have provided new Payment Card information,) during the nine (9) -day period and any past due ZaneEducation subscription membership fees are paid, then ZaneEducation online benefits will continue uninterrupted and this Payment Card will be used to charge the applicable periodic membership fee for each consecutive renewal period until you ZaneEducation Online membership is canceled (your original anniversary date will still apply) and will be your Payment Card for all purposes. If ZaneEducation is unable to charge your Payment Card (existing or new, if you have provided new Payment Card Information), within the nine (9) -day period, then your ZaneEducation subscription membership will be indefinitely suspended beginning on the tenth (10th) day from the date your Payment Card was initially declined. For the thirty (30) days immediately following the suspension day, ZaneEducation may attempt to charge the Payment Card the periodic membership fee every ten (10) days. If the charge is accepted, then your ZaneEducation online benefits will be reinstated as of the date the charge is accepted. This charge date now becomes your new periodic anniversary date and the Payment Card will be used to charge the applicable periodic membership fee for each consecutive renewal period until your ZaneEducation Online membership is canceled and will be your Payment Card for all purposes.
Cancellation by You.
The initial periodic ZaneEducation Online membership fee is valid for an initial membership period starting on the date your paid membership begins and continuing through the periodic anniversary date. For example, if you are on a free trial membership and your free trial expires on June 17 and your paid ZaneEducation Online membership begins on June 18, your initial membership fee entitles you to ZaneEducation online benefits until July 18 and your Payment Method will be charged on July 18 (the anniversary date) for the period of July 19 through August 18. You can cancel your ZaneEducation Online membership at any time and you will not be charged for any additional renewals. For example, if your anniversary date is the 5th of each month and you cancel your ZaneEducation Online membership on Oct. 20, then you will not be charged on Nov. 5 (for the Nov. 6 - Dec. 5 period) and your ZaneEducation online Membership Term will terminate on Nov. 5. However, if you canceled on Oct. 2, then your ZaneEducation Online Membership Term would terminate Oct. 5. To cancel click on My Account, then click on Cancel My Account and follow the directions to complete the cancellation. When you cancel, you will be required to provide ZaneEducation with certain information regarding your reason for cancellation. There are no refunds for any time period (or portions thereof) already billed or paid for. Upon cancellation, ZaneEducation Online will stop the online delivery of ZaneEducation online videos to you on the date you cancelled or ten (10) days prior to the effective date of termination, whichever is later. PLEASE NOTE that ZaneEducation does not keep or retain any details of your payment method or any of your personal payment information. This information is only retained by PayPal or the Payment Processor that you have elected to use. Only you have access to that information. Only you have access to that information. Therefore you agree that you will not at any time contact ZaneEducation or any of their staff asking that they cancel your current Membership, subscription payments or recurring payments for you or on your behalf. Only you have that information, and for that reason only you make such cancellations. Similarly, because this is your responsibility alone, please do not contact and ask Zane Education for any refund or reimbursement if you have forgotten to, or have overlooked to make any such cancellation yourself.
Modifying of ZaneEducation Memberships.
You may modify your ZaneEducation subscription membership plan, i.e., upgrade, downgrade, and/or change from a monthly plan to a plan with longer initial and renewal membership periods, as long as there is no lapse in your membership. To modify your ZaneEducation subscription membership, go to www.ZaneEducation.com, go to "My Account", and request to modify. You will be asked to give your authorization to the new periodic membership fee. By modifying your ZaneEducation Online subscription membership, you are also agreeing and directing ZaneEducation or its agent to continue to automatically renew your new ZaneEducation Online membership on each anniversary date applicable to the new membership plan, for the applicable membership fee (plus taxes) by charging your Payment Method until your ZaneEducation online subscription membership is canceled as provided herein. The new membership plan will begin on the day which would have been the anniversary date of the prior subscription membership plan.
ZaneEducation operates their subscription system on a recurring monthly billing system. Recurring Billing only applies to monthly subscribers and not annual subscribers. Unlike most online subscription businesses if you choose the monthly payment option, you have the right to terminate your subscription easily and quickly at any time. Terminating your monthly Billing takes place immediately, and you will be charged no further monthly charges as from that time. You remain completely in control of your account at all times so in the event that you forget to terminate your subscription please do not contact us requesting a refund. We incur a cost of $20 from the companies that process our payments, to carry out a refund, and in the event where a special situation arises and that we do ever agree to making a refund, you agree to have that amount deducted from any amount to be refunded. Annual subscribers are rewarded with a free 12th month for purchasing a 12 month subscription in addition to other benefits. An annual subscriber may only cancel their annual subscription within the first 14 days of purchasing that subscription to qualify for any discount. In such a situation ZaneEducation agrees to refund up to a maximum of 50% of that annual subscription amount after deducting any costs or charges caused by the cancellation of the subscription. ZaneEducation generally operates a No-Refund Policy. Any decision that the company takes in exceptional circumstances to issue any refund, should not be interpreted as the company surrendering any such rights that it enjoys under that No Refund Policy.
ZaneEducation Initiated Cancellations.
ZaneEducation may suspend or cancel a ZaneEducation Online subscription membership account, or otherwise restrict your use of ZaneEducation Online, in ZaneEducation's sole discretion, with or without cause.
Fraud, Abuse or Piracy.
Fraudulent or abusive practices such as providing the use of your Username and Password for another non-subsciber to use may result not only in cancellation of your ZaneEducation online subscription membership account and charges to your Payment Method, but also in actions by ZaneEducation for recovery of civil damages as well as referral for criminal prosecution. The online videos and quizzes provided by ZaneEducation are for personal, non-commercial use only. ZaneEducation does not condone unauthorized copying, distribution or other infringement of protected intellectual property of ZaneEducation or of third parties.
Cancellation or Changes to Program by ZaneEducation.
ZaneEducation may make changes to the ZaneEducation online service, including, without limitation, any promotional offers and free trials or availability and amount of e-coupons at any time, and from time to time, without prior notice. In addition, ZaneEducation may change the ZaneEducation online subscription periodic membership fees and the number or composition of permitted online videos from time to time, provided, however, that ZaneEducation will give prior notice via e-mail of any change to the periodic membership fees or price or the number or composition of the videos that will adversely affect you. Any such changes will not affect an existing subscribers Membership until the expirey of the current online subscription membership plan. However all new price changes (plus applicable taxes) will commence and come into effect at the end of the current subscription period.
ZaneEducation reserves the right to suspend or end the ZaneEducation Online service (including, without limitation, ceasing to offer one or all of ZaneEducation Online membership plans, promotional offers or free trials) without prior notice, in ZaneEducation's sole discretion. ZaneEducation also reserves the right to suspend or end the ZaneEducation online video subscription service or certain aspects thereof in certain geographic areas without prior notice, in ZaneEducation's sole discretion. You agree that membership in ZaneEducation does not involve an extension of credit or an installment sale since ZaneEducation does not impose a finance charge and you may cancel membership at any time. Void where prohibited.
ZaneEducation Online will charge all applicable state and local taxes.
ZaneEducation will deliver the online subscription service to each new subscriber of Gold, Silver, Bronze and Topic Taster Memberships within an estimated maximum of 48 hours of confirmation of receipt of payment however under normal circumstances ZaneEducation aims to deliver the service on a same day basis.
ZaneEducation reserves the right to refuse subscription memberships if it deems a customer to be detrimental to the provision of it's services to the educational community.
RSS (Really Simple Syndication) feeds are provided as a quick and easy way for you to distribute information from the ZaneEducation.com web site or from your ZaneEducation membership account. RSS Feeds are accessible through an XML-based URL that can be accessed with an RSS reader of your choice. Use of personal RSS feeds that contain information about your ZaneEducation.com account (Queue, Movie Ratings and Rental Activity) is at your own discretion. If you use personal RSS feeds, you consent that the information in the feeds will be transferred to the location in which you enable the RSS feed. ZaneEducation will not pass any personally identifiable information in your feed. However, your use of an RSS feed may cause personally identifiable information that is associated with the RSS feed to be associated with you. You acknowledge that your use of an RSS feed and any personally identifiable information associated with it is at your sole discretion and risk.
Use of the ZaneEducation RSS feeds is for non-commercial, personal use whether or not you use an RSS feed is entirely at your discretion. You may not modify the RSS feeds. If an RSS feed contains an attribution to ZaneEducation, you may not remove the attribution. ZaneEducation provides no warranty regarding its RSS feeds and reserves the right to terminate or modify the feeds at any time without notice. ZaneEducation is not responsible for any loss or damage incurred by you or anyone else due to your use of an RSS feed.
In addition to the foregoing ZaneEducation Site Terms and Conditions of Use, downloading videos and quizzes and/or other programming on this Site is subject to the following additional Download Terms and Conditions. By downloading, you agree to be bound by these Download Terms and Conditions, which are subject to change by ZaneEducation at any time, in its sole discretion, with or without advance notice. Further, ZaneEducation reserves the right, at its sole discretion, to update, change, modify, add or remove any portion of the Service, in whole or in part, at any time. Changes to these Download Terms and Conditions will be effective when posted. The most current version of the Download Terms and Conditions, which will supersede all earlier versions, can be accessed through the hyperlink at the bottom of the ZaneEducation.com site. You should review the Download Terms and Conditions regularly, to determine if there have been changes. Continued use of the download service on this Site constitutes acceptance of the most recent version of the Download Terms and Conditions.
Complying with Terms.
In consideration for visiting this Site, using the Services, and/or accessing any Premium Content you agree to comply with these Download Terms and Conditions. You agree that you will not (i) attempt and will not assist or encourage anyone else to alter or change the software or any application related to the Service, or (ii) use the Service or Download Content for any commercial purpose. You acknowledge that ZaneEducation may (1) discontinue the Service, and/or (2) modify the terms under which you can use the Service and/or the Site Content and in any case, ZaneEducation will have no liability to you as a result of such changes. In addition, if you purchase the right to view Premium Content as set forth below, you further agree to (a) download and install the Adobe Flash Player (free version) in order to enable the ZaneEducation videos and quizzes to operate on your computer (b) make timely and satisfactory payment for any Premium Content purchased by you; (c) provide ZaneEducation with accurate, complete and true information about yourself as required (your "Registration Information") in order to create an account (when and if available) for use of the Service (your "Account"); and (d) maintain and update, as applicable, your Registration Information with current and complete information. ZaneEducation reserves the right to decline to do business with you for any reason or no reason. If you violate these Download Terms and Conditions, or provide inaccurate, false, or non-current Registration Information or credit card information we may, at our sole discretion, suspend or terminate your Account, and terminate your access to the Service, with or without notice to you; and in such case you agree to destroy any copy of Download Content that you have in your possession. Furthermore, ZaneEducation may, in its sole discretion, pursue any other available rights or remedies at law or in equity for a violation of these Download Terms and Conditions or its (or its licensor's) rights under copyright.
Payment for Premium Content.
ZaneEducation charges a license fee (otherwise known as the Subscription Membership fee) which provides you with a license the right to view Premium Content (the ZaneEducation videos) through the Service ("License Fee"). The License Fee price will be made available to you at the time of purchase. Payment for such Premium Content may be made by credit card, and you hereby authorize ZaneEducation and/or its authorized agent to transact such payments on your behalf as License Fees accrue. In addition, if you authorize us to do so, we will retain your credit card or other payment information, as applicable, in our database to facilitate your checkout process for future Premium Content transactions. You agree and acknowledge that if you fraudulently report your credit card used to obtain the Premium Content from the Service as stolen, or you fraudulently report that an authorized charge by ZaneEducation and/or its authorized agent is unauthorized, ZaneEducation may, in its sole discretion, pursue any available rights or remedies at law or in equity, including, without limitation, the right to terminate this Agreement and your ability to use the Service.
Premium Content License.
Premium Content includes (A) video content offerings in which you pay a specific fee to have the right to view such video content for a limited specified time period ("Rental Content"), and (B) video content offerings (which may be labeled "buy download" on the Site) in which you pay a specific fee to have the right to view such video content for an unlimited number of times ("Retained Content").
Rental Content License
Upon payment of the initial License Fee, ZaneEducation will grant you a non-exclusive, non-transferable, limited right and license to view, use and privately display in your Residence or for Permitted Non-Residential Use, the Rental Content purchased by you, by way of one (1) computer (or other device specifically authorized by ZaneEducation) connected to the Service over the Internet, provided that you comply fully with these Download Terms and Conditions. You shall not be permitted to copy any part of any videos or quizzes or any other premium content.
The initial license to use the video content is limited in term and duration to that period determined by the Membership optopn that you decided to purchase. You understand and agree that you will not be able to access and view the videos upon expiration of the Membership subscription license term. For purposes of these Download Terms and Conditions, the following definitions will apply: (i) "Residence" shall mean a private, residential dwelling unit or a private individual office unit, but excluding hotel rooms, motel rooms, hospital patient rooms, restaurants, bars, prisons, barracks, drilling rigs and all other structures, institutions or places of transient or work-related residence as well as places, areas, structures, rooms or offices which are common areas or open to the public or to occupiers of separate Residences or for which an admission fee is charged; (ii) "Permitted Non-Residential Use" shall mean the private viewing by one or more persons on a video monitor (desktop, television monitor, laptop, hand-held device or otherwise) in a Non-Residential Venue; provided, however, that any such viewing for which an access fee or other admission charge (except a per viewing charge) is imposed (other than any fee related only to access such Non-Residential Venue for other general purposes) or any such viewing that is on a monitor provided by such Non-Residential Venue (or by a third party under any agreement or arrangement with such Non-Residential Venue) for display of programming in a common area shall not constitute a "Permitted Non-Residential Use"; and (iii) "Non-Residential Venue" shall mean any place, area, structure or room other than a Residence.
Premium Video Content License
Upon payment of the Membership Subscription Fee or License Fee, ZaneEducation will grant you a non-exclusive, non-transferable, limited right and license under copyright to view, use and privately display in your Residence or for Permitted Non-Residential Use, the Video Content purchased by you, subject to the following rules:
You may NOT retain a permanent copy of the Video Content on the hard drive of your personal computer (or other device specifically authorized by ZaneEducation) to which the Retained Content is initially delivered via a connection to the Service over the Internet.
In order to enable viewing of the Video Content on personal computers other than the one to which it was initially delivered, you will have to obtain a new license by connecting each such computer to the Service via an Internet connection, logging in to your Account and purchasing a new license or membership subscription.
You agree and acknowledge that you shall not acquire any ownership rights by using or viewing any Video Content from the Service, and this license granted to you as set forth in these Download Terms and Conditions does not transfer or grant any ownership rights to you, nor act as waiver any rights of ZaneEducation, its licensors or the copyright owners with respect to any Retained Content.
You may not re-sell, re-distribute, sublicense or otherwise transfer any right or license in the Video or Quizz Content, or use this Premium Content in any manner other than as set forth above or as otherwise stated on the Site at the time you purchase the Premiun Video Content. Any additional usage rules set forth on the Site shall become part of, and are incorporated into, these Download Terms and Conditions.
The Service will operate only on those hardware and software platforms specified on the Site. It is your responsibility to ensure that you have the appropriate software, hardware and Internet connection to operate the Service. ZaneEducation reserves the right to cease supporting any hardware or software platform at any time, with or without notice.
Title to Site Content
ZaneEducation is the exclusive owner and proprietor of the Service. ZaneEducation is owned by ZP Online Publishing Ltd.
Title to Premium Video Content
The Premium Content provided by ZaneEducation or third parties through the Service is the property of ZaneEducation and/or its subsidiaries and its licensors. Title, ownership rights and intellectual property rights in and to such Premium Content is the property of either ZaneEducation or third-party content owners or copyright holders and is protected by applicable copyright and other law. Other than as expressly provided herein, these Download Terms and Conditions gives you no express or implied license or right to the Premium Content, including without limitation, any right to use, sell, rent, copy, distribute, broadcast, modify, perform or publicly display any Premium Content.
Termination for Breach
These Download Terms and Conditions (and therefore your license granted herein, including the license to use any Premium Content) shall terminate automatically and immediately if you fail to comply with any of the limitations or requirements described in these Download Terms and Conditions and in such case you must destroy any copy of Premium Content (including any Video or Quizz Content) that you have in your possession. No notice shall be required from ZaneEducation to effectuate such termination.
Termination for Any Reason
In addition, ZaneEducation reserves the right to terminate these Download Terms and Conditions and discontinue access to the Service at any time for any reason upon posting notice thereof on the Site. Further, ZaneEducation reserves the right to modify, suspend or discontinue any aspect of the Site at any time without notice to you and ZaneEducation will not be liable to you should it exercise such rights.
ZaneEducation name, design, and related marks are trademarks of ZP Online Publishing Ltd. © 2010 ZaneEducation Inc. All rights reserved.
Effective January 1, 2010