ZOON Media

Overview

This website is operated by ZOON Media (referred to as “ZOON Media,” “we,” “us,” or “our”). By accessing our site and/or purchasing digital marketing services from us, you (“Client” or “user”) engage in our Service and agree to be bound by the following Terms of Service (the “Terms”). These Terms, together with any additional policies referenced herein or available by hyperlink (including our Privacy Policy and Refund Policy), govern your use of ZOON Media’s website and services. They apply to all users, including browsers, customers, merchants, and contributors of content.

Please read these Terms carefully before using our Site. By accessing any part of the Site or purchasing our services, you agree to these Terms. If you do not agree with all the terms and conditions, then you may not access the website or use our services. If these Terms are considered an offer, acceptance is expressly limited to these Terms.

Any new features or tools added to our store or services will also be subject to these Terms. You can review the most current version of the Terms at any time on this page. We reserve the right to update or change any part of these Terms by posting updates on our website. It is your responsibility to check this page periodically for changes. Your continued use of the Site after changes are posted constitutes acceptance of those changes.

Our store is hosted on Shopify Inc., which provides us with the e-commerce platform to sell our services to you.

Section 1 - Online Store Terms

By agreeing to these Terms, you represent that you are at least the age of majority in your country or region of residence. If you are under the age of majority, you may use this Site only with the consent of a parent or legal guardian. ZOON Media’s services are not directed to minors, and we do not knowingly do business with children under 18.

You may not use our services for any illegal or unauthorized purpose, nor may you, in using the Service, violate any laws in your jurisdiction (including but not limited to copyright or data protection laws). You must not transmit any worms, viruses, or any code of a destructive nature. Any breach of these Terms (or of any other posted policies) will result in an immediate termination of your Services.

Section 2 - General Conditions

We reserve the right to refuse service to anyone for any reason at any time. We may, in our sole discretion, limit or cancel service orders if we believe they violate these Terms or are fraudulent or unlawful.

You understand that any content you provide (excluding credit card information) may be transferred unencrypted and involve transmissions over various networks, and may be adapted to conform to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks (handled securely by our payment processor).

You agree not to reproduce, duplicate, copy, sell, resell, or exploit any portion of the Service, use of the Service, or access to the Service (or any contact on the website through which the Service is provided) without express written permission from us. The headings in this agreement are for convenience only and will not limit or affect the Terms.

Section 3 - Accuracy, Completeness and Timeliness of Information

We are not responsible if information made available on this Site is not accurate, complete, or current. The material on this Site is provided for general information only and should not be relied upon as the sole basis for making decisions. Any reliance on the material on this Site is at your own risk.

This Site may contain certain historical information. Historical information is not current and is provided for reference only. We reserve the right to modify the contents of the Site at any time, but we have no obligation to update any information on our Site (except as required by law). You agree that it is your responsibility to monitor changes to our Site.

Section 4 - Modifications to Services and Prices

Prices for our services (including any subscription or campaign fees) are subject to change without prior notice. We reserve the right at any time to modify or discontinue the Service (or any part or content thereof) without notice.

We shall not be liable to you or to any third party for any modification, price change, suspension, or discontinuance of the Service. Any promotional offers or discounts are time-limited and subject to specific terms. We also reserve the right to end promotions early or cancel promotional orders if we suspect abuse.

Section 5 - Products and Services (Digital Marketing Campaigns)

Certain services may be available exclusively through our online store. These services (such as digital advertising campaigns) may have limited availability or capacity. All descriptions of services, campaigns, or pricing are subject to change at any time without notice, at our sole discretion. We reserve the right to discontinue any service at any time. Any offer for any service made on this Site is void where prohibited by law.

We strive to describe our services and pricing as accurately as possible. However, we do not warrant that the quality of any services, information, or results obtained by you will meet your expectations, or that any errors in the Service will be corrected. Service performance (such as advertising results) can vary and is subject to many factors beyond our control (e.g., platform algorithms, audience behavior).

Any service or campaign purchase is subject to our Refund Policy. Please review our Refund Policy for details on cancellations, refunds, and our satisfaction guarantee (if applicable).

Section 6 - Accuracy of Billing and Account Information

You agree to provide current, complete, and accurate purchase and account information for all purchases made via our Site. You must promptly update your account or order information (such as email address, billing address, and payment details) so that we can complete your transactions and contact you if necessary.

We reserve the right to refuse or cancel any order you place with us. We may, at our discretion, limit or cancel quantities of services purchased per person or per order. These restrictions can include orders placed by or under the same customer account, the same credit card, or orders using the same billing or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you via the email, billing address, or phone number provided at the time the order was made.

We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers, or distributors (i.e. any bulk purchase not for personal use). For more detail, please review our Refund Policy which outlines how order issues and cancellations are handled.

Section 7 - Optional Tools

We may provide you with access to third-party tools or integrations (for example, analytic tools or social media plugins) that we do not monitor or control. You acknowledge and agree that we provide access to such tools “as is” and “as available” without any warranties, representations, or conditions of any kind and without any endorsement.

We shall have no liability arising from or relating to your use of optional third-party tools. Any use of optional tools offered through the Site is entirely at your own risk and discretion. You should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s).

In the future, we may also offer new services and/or features through the website (including the release of new tools and resources). Such new features or services will also be subject to these Terms of Service.

Section 8 - Third-Party Links

Certain content, products, or services available via our Service may include materials from third parties. Third-party links on this Site may direct you to external websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy of any third-party websites, and we do not warrant and will not have any liability or responsibility for any third-party materials or websites.

We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with third-party websites. Please review the third-party’s own policies and terms carefully before engaging in any transaction. Complaints, claims, concerns, or questions regarding third-party products or services should be directed to the third party in question.

Section 9 - User Comments, Feedback and Submissions

If, at our request, you send certain specific submissions (for example, contest entries or testimonials), or if you send creative ideas, suggestions, proposals, plans, or other materials without our request (collectively, “comments”), you agree that we may, at any time, edit, copy, publish, distribute, translate, or otherwise use any comments that you forward to us. We are and shall be under no obligation (1) to maintain any comments in confidence; (2) to pay compensation for any comments; or (3) to respond to any comments.

We may, but have no obligation to, monitor, edit, or remove content that we determine in our sole discretion to be unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene, or otherwise objectionable, or that violates any party’s intellectual property or these Terms of Service.

You agree that your comments will not violate any right of any third-party, including copyright, trademark, privacy, personality, or other personal or proprietary rights. You further agree that your comments will not contain unlawful, abusive, or obscene material, or any computer virus or other malware that could affect the operation of the Service or any related website. You may not use a false e‑mail address, pretend to be someone other than yourself, or otherwise mislead us or third parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third party.

Section 10 - Personal Information

Your submission of personal information through the store or in connection with our Service is governed by our Privacy Policy. Please review our Privacy Policy to understand how we collect, use, and protect your personal data. By using our Site or services, you consent to the collection and use of information as outlined in the Privacy Policy.

Section 11 - Errors, Inaccuracies and Omissions

Occasionally there may be information on our Site or in our Service that contains typographical errors, inaccuracies, or omissions that may relate to service descriptions, pricing, promotions, offers, campaign timelines, and availability. We reserve the right to correct any errors, inaccuracies, or omissions, and to change or update information or cancel orders if any information in the Service or on any related website is inaccurate at any time without prior notice (including after you have submitted your order).

We undertake no obligation to update, amend, or clarify information in the Service or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied on the Site (or any related site) should be taken to indicate that all information on the Site has been modified or updated.

Section 12 - Prohibited Uses

In addition to other prohibitions set forth in these Terms, you are prohibited from using the Site or its content: (a) for any unlawful purpose; (b) to solicit or facilitate others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial, state, local, or regional regulations, rules, laws, or ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, disability, or any protected class; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other malicious code that will or may be used in any way that affects the functionality or operation of the Service, our Site, or any related website, other websites, or the Internet; (h) to collect or track the personal information of others without consent; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape our Site or Service; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Service, our Site, or any related website, or the Internet.

We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses.

Section 13 - Disclaimer of Warranties; Limitation of Liability

We do not guarantee, represent, or warrant that your use of our Service will be uninterrupted, timely, secure, or error-free. You agree that from time to time we may remove the Service for indefinite periods or cancel the Service at any time, without notice to you. You expressly agree that your use of (or inability to use) the Service is at your sole risk.

The Service and all products and services delivered to you through the Site are provided “as is” and “as available”, without any representation, warranties, or conditions of any kind, either express or implied. This includes (but is not limited to) all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement. In jurisdictions that do not allow the exclusion of certain warranties, our liability will be limited to the fullest extent permitted by law.

In no case shall ZOON Media, our owner/operator, employees, affiliates, agents, contractors, interns, suppliers, service providers, or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind. This includes, without limitation, lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages—whether based in contract, tort (including negligence), strict liability or otherwise—arising from your use of the Service or any products or services procured using the Service. We shall not be liable for any other claim related in any way to your use of the Service or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage incurred as a result of the use of the Service or any content posted, transmitted, or otherwise made available via the Service.

Because some jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such jurisdictions our liability shall be limited to the maximum extent permitted by applicable law.

Section 14 - Indemnification

You agree to indemnify, defend and hold harmless ZOON Media and its parent (if applicable), affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns, and employees, from any claim or demand (including reasonable attorneys’ fees) made by any third party due to or arising out of your breach of these Terms or the documents incorporated by reference, or your violation of any law or the rights of a third party. This indemnification obligation will survive the termination of your use of the Service or these Terms.

Section 15 - Severability

In the event that any provision of these Terms of Service is determined to be unlawful, void, or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law. The unenforceable portion shall be deemed to be severed from these Terms, but such determination shall not affect the validity and enforceability of any other remaining provisions.

Section 16 - Termination

The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes. These Terms of Service are effective unless and until terminated by either you or us.

You may terminate these Terms at any time by notifying us that you no longer wish to use our Services, or by ceasing to use our Site. If, in our sole judgment, you fail to comply with any term or provision of these Terms (or we suspect that you have failed to comply), we may terminate this agreement at any time without notice. In the event of termination by us due to your breach, you will remain liable for all amounts due up to and including the date of termination, and we may deny you access to our Services (or any part thereof).

Section 17 - Entire Agreement

The failure by us to exercise or enforce any right or provision of these Terms shall not constitute a waiver of that right or provision.

These Terms of Service and any policies or operating rules posted by us on this Site (including the Privacy Policy and Refund Policy) constitute the entire agreement and understanding between you and ZOON Media, and govern your use of the Service, superseding any prior or contemporaneous agreements, communications, and proposals, whether oral or written, between you and us (including any prior versions of the Terms).

Any ambiguities in the interpretation of these Terms shall not be construed against the drafting party.

Section 18 - Governing Law

These Terms of Service and any separate agreements by which we provide you Services shall be governed by and construed in accordance with the laws of Switzerland, without regard to its conflict of law provisions. By using our Site or services, you agree that any dispute arising under these Terms shall be subject to the jurisdiction of the competent courts of Switzerland, unless applicable law in your jurisdiction requires otherwise.

Section 19 - Changes to Terms of Service

You can review the most current version of these Terms of Service at any time on this page. We reserve the right, at our sole discretion, to update, change, or replace any part of these Terms by posting updates or changes to our website. It is your responsibility to check our website periodically for changes. Your continued use of or access to our Site or the Service following the posting of any changes to these Terms constitutes acceptance of those changes.

Section 20 - Contact Information

Questions or concerns about these Terms of Service should be sent to us at hello(at)zoon.media. You can also reach us by mail at: Vögeli Prod, Nydeggstalden, 3011 Bern, Switzerland.