INTERACT MEDIA, LLC ("IM") is willing to grant you rights to establish an account to use the services provided by this site only upon the condition that you accept all of the terms and conditions contained in this Agreement. You will acknowledge your acceptance of the terms by clicking on “I accept the Terms of Service”. If you are entering into this agreement on behalf of an entity or other individual you are representing to IM that you have the authority to take such action in binding, the third party and as such the party shall be so bound.
The parties to this Agreement are you, “User”, and IM, the owner of interactmedia.com and zerys.com. If you are not acting on behalf of yourself as an individual, then "you", "your", and "yourself" means your company or organization or the person you are representing. All references to "we", "us", "our", "this website" or "this site" shall be construed to mean IM.
We reserve the right to modify this Agreement at any time by posting an amended Agreement that is always accessible through a link on this site's home page and in your account, and/or by giving you prior notice of a modification. You should check this Agreement periodically for modifications by scrolling to the bottom of this page for a listing of material modifications and their effective dates. IF ANY MODIFICATION IS UNACCEPTABLE TO YOU, YOUR ONLY RECOURSE IS TO TERMINATE THIS AGREEMENT. YOUR CONTINUED USE OF THIS SITE FOLLOWING OUR POSTING OF AN AMENDED AGREEMENT OR PROVIDING YOU NOTICE OF A MODIFICATION WILL CONSTITUTE BINDING ACCEPTANCE.
IM shall allow User to access and use all the tools and features contained within the Zerys platform. User agrees not to use the Zerys tools in a way that violates any internal policy or state or federal law. We reserve the right to update and modify the Services provided by the Zerys platform at any time.
User understands that they are purchasing writing, editing, and other content-related services directly from self-employed service providers that are not employed by IM, are not Independent Contractors of IM, are in no way affiliated with IM, and do not represent IM, IM Team members, or the Zerys platform in any way. USER UNDERSTANDS THAT THEY HIRE ZERYS SERVICE PROVIDERS AT THEIR OWN RISK. User understands that IM does not perform background checks on Service Providers that use the Zerys Platform, and cannot verify any claims about writer background, education, experience, or expertise. While IM encourages Service Providers to conduct themselves in a professional and scrupulous manner, IM makes no guarantees and takes no responsibility for any actions taken by Service Providers, including but not limited to plagiarization, slander, or identification of User as a Zerys platform user. User agrees that, should any Service Provider commit any perceived damage to the User, User is to hold IM harmless in such event and seek restitution solely from the Service Provider.
User can choose to pre-purchase blocks of support hours from IM according to the pricing table outlined within their account. As minutes are used, they will be deducted from the remaining balance of minutes. Any unused minutes can be refunded to the original form of payment. However, there are no refunds for minutes once they are used.
User shall not solicit any persons found through the Zerys platform for services to be performed outside of the Zerys platform. User can use the Service Provider Marketplace and Call Request features to request that a specific Service Provider call the User to discuss projects. During these calls, the User is NOT allowed to solicit the Service Provider for their personal contact information in an attempt to work directly with the Service Provider outside the Zerys Platform.
User shall receive the Copyrights of any content purchased by User in the Zerys platform. This Copyright shall only transfer after acceptance of the content is confirmed and the content is transferred to User. Transfer shall be effectuated by payment for the content under the terms of any agreements between the parties. Until such acceptance and transfer, all copyrights belong to the Service Provider. After transfer of the content, User has the absolute and exclusive rights to the content. After transfer the Service Provider has no rights and may not display content without the express written consent of the User.
When a User orders a document from the Service Provider, and the Service Provider accepts the task (agrees to provide the content), Service Provider shall enter the written text on the content entry screen within the Zerys platform and submit it to the User to review. Up until the User chooses to ACCEPT the content, the Service Provider shall maintain full copyright and ownership of the document and the User has no rights to use, publish, or distribute the content. If the User chooses to press either the ACCEPT or APPROVE button in the Zerys platform for a specific piece of content: 1. the full copyright and ownership of the document shall transfer from the Service Provider to the User, and 2. the Service Provider is paid the agreed-upon amount and 3. The Service Provider agrees to give up all ownership, copyright, and trademark rights to the content and transfer them to the User. If a User chooses to reject a piece of content provided by a Service Provider, Service Provider does NOT relinquish ownership or copyright of that content and the User has no rights to use, publish, or distribute the content. At no time does IM acquire or retain copyright ownership of content written by Service Providers for Users.
You agree that we may terminate your account and access to the Zerys platform for cause without prior notice, upon the occurrence of any one of the following: (i) any material breach of this Agreement, including without limitation any failure to pay fees as they become due or any unauthorized use of the site or platform, (ii) requests by law enforcement or other government agencies, or (iii) for any other reason we deem in the best interest of IM. Termination of your account includes (i) removal of access to all Services within the Zerys platform, and (ii) deletion of your login data, password, and all related information. Further, you agree that all terminations shall be made in our sole discretion, and that we will not be liable to you or any third-party for any termination of your account or access to the Zerys platform.
You are solely responsible for maintaining the confidentiality of your login ID, password, and any additional information that we may provide regarding accessing your account. If you knowingly share your login ID and password with another person who is not authorized to use the Zerys platform, this Agreement is subject to termination for cause. You agree to immediately notify us of any unauthorized use of your login ID, password, or account, or any other breach of security.
In an attempt to prevent plagiarism, the Zerys Platform has a built-in anti-plagiarism feature that scans each document using a web-based anti-plagiarism tool which compares snippets of the text in the document to documents found out on the web. The results of this scan are presented to the User at the time the User reviews each document on the Content Review Screen. IM staff does NOT review the scan results before they are delivered to the User. You are solely responsible for checking the anti-plagiarism scan result for each document submitted to you by a Service Provider within the Zerys platform. If, after reviewing the scan results, the User believes plagiarism has occurred, the User can report the Service Provider to IM, and reject the content (funds will be returned to User for that document), and IM will conduct an investigation and, if it is found that plagiarism has occurred, will take action against the Service Provider. This scan is performed at the time the Service Provider submits the content to the User. Before the content is sent to the User, the Service Provider is shown the results of the scan, and is offered the opportunity to edit the content to make the content more unique. User understands that there are some situations where a scan may find duplicate content that is not intentional plagiarism, such as when Service Provider includes a quote from another source. Therefore, a judgment must be made on the part of either the Service Provider or the User as to what constitutes content that is sufficiently unique or even plagiarized, and reasonable people may at times disagree. Because of the subjective nature of plagiarism detection, the Zerys platform cannot and does NOT automatically prevent documents from being submitted to the User just based on the results of an anti-plagiarism scan. USER UNDERSTANDS THAT IT IS THE USER’S SOLE RESPONSIBILITY TO REVIEW THE SCAN RESULT FOR EACH DOCUMENT.
The software and other materials provided on this site and via our Services is protected by law, including, but not limited to, United States copyright law and international treaties. The copyrights and other intellectual property rights in this material are owned by us and/or others. Except for the limited rights granted herein, all other rights are reserved.
IM shall provide a white-labeled “Child Client” portal for Zerys for Agencies Users to utilize in providing content for User’s client(s). IM shall make its best effort to ensure that any software or email viewed by the User’s client(s) is free of any branding related to IM or the Zerys Platform, but makes no assurances that this will not occur due to software malfunction or any other cause. User agrees to hold IM harmless in the event that User’s use of the Zerys platform is divulged to User’s client(s).
EXCEPT AS MAY BE PROVIDED IN ANY SEPARATE WRITTEN AGREEMENTS SIGNED BY THE PARTIES, THE SERVICES, CONTENT, AND/OR PRODUCTS ON THIS SITE ARE PROVIDED "AS-IS", AND NEITHER WE NOR ANY OF OUR LICENSORS MAKE ANY REPRESENTATION OR WARRANTY WITH RESPECT TO SUCH PRODUCTS, SERVICES, AND/OR CONTENT. EXCEPT AS MAY BE PROVIDED IN ANY SEPARATE WRITTEN AGREEMENT SIGNED BY THE PARTIES OR SEPARATE AGREEMENT ORIGINATING FROM THIS SITE. THIS SITE AND ITS LICENSORS SPECIFICALLY DISCLAIM, TO THE FULLEST EXTENT PERMITTED BY LAW, ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, RELATING TO THIS SITE OR PRODUCTS, SERVICES, AND/OR CONTENT ACQUIRED FROM THIS SITE, INCLUDING BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, COMPLETENESS, TIMELINESS, CORRECTNESS, NON-INFRINGEMENT, OR FITNESS FOR ANY PARTICULAR PURPOSE. THIS SITE AND ITS LICENSORS DO NOT REPRESENT OR WARRANT THAT THIS SITE, ITS PRODUCTS, SERVICES, AND/OR CONTENT: (A) WILL BE SECURE, TIMELY, UNINTERRUPTED OR ERROR-FREE OR OPERATE IN COMBINATION WITH ANY OTHER HARDWARE, SOFTWARE, SYSTEM OR DATA, (B) WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS, OR (C) WILL BE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. USER UNDERSTANDS THAT CONTENT RECEIVED FROM SERVICE PROVIDERS MAY CONTAIN FACTUAL ERRORS AND THE OPINIONS OF THE WRITER AND INTERACT MEDIA IN NO WAY GUARANTEES THE ACCURACY OF THE INFORMATION RECEIVED FROM SERVICE PROVIDERS WITHIN THE ZERYS PLATFORM. THIS SITE IS NOT ENGAGED IN THE PRACTICE OF LAW. NO ATTORNEY-CLIENT RELATIONSHIP IS CREATED BY OR THROUGH THE USE OF THIS SITE. WE DO NOT PROVIDE MEDICAL ADVICE FOR ANY PURPOSE. ALL MATERIALS ARE PROVIDED FOR INFORMATIONAL PURPOSES ONLY. THESE DISCLAIMERS CONSTITUTE AN ESSENTIAL PART OF THIS AGREEMENT. NO PURCHASE OR USE OF THE ITEMS OFFERED BY THIS SITE IS AUTHORIZED HEREUNDER EXCEPT UNDER THESE DISCLAIMERS. IF IMPLIED WARRANTIES MAY NOT BE DISCLAIMED UNDER APPLICABLE LAW, THEN ANY IMPLIED WARRANTIES ARE LIMITED IN DURATION TO THE PERIOD REQUIRED BY APPLICABLE LAW. SOME STATES OR JURISDICTIONS DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY MAY LAST, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
IN NO EVENT SHALL EITHER PARTY AND/OR ITS LICENSORS BE LIABLE TO ANYONE FOR ANY DIRECT, INDIRECT, PUNITIVE, SPECIAL, EXEMPLARY, INCIDENTAL, CONSEQUENTIAL OR OTHER DAMAGES OF ANY TYPE OR KIND (INCLUDING LOSS OF DATA, REVENUE, PROFITS, USE OR OTHER ECONOMIC ADVANTAGE) ARISING OUT OF, OR IN ANY WAY CONNECTED WITH THE USE OF THE ZERYS PLATFORM, INCLUDING WITHOUT LIMITATION THE USE OR INABILITY TO USE THE SERVICES, OR FOR ANY CONTENT OBTAINED FROM OR THROUGH THE SERVICES OR THIS SITE, ANY INTERRUPTION, INACCURACY, ERROR OR OMISSION, REGARDLESS OF CAUSE, EVEN IF THE PARTY FROM WHICH DAMAGES ARE BEING SOUGHT OR SUCH PARTY'S LICENSORS HAVE BEEN PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
You agree that all non-public information that we provide regarding the Services, including without limitation, our pricing, marketing methodology, and business processes, is our proprietary confidential information. You agree to use this confidential information only for purposes of exercising your rights as our affiliate while in strict compliance with this Agreement, and you further agree not to use or disclose this confidential information for a period of three (3) years after termination as our affiliate.
Registration is required for you to establish an account at this site. You agree (i) to provide certain current, complete, and accurate information about you as prompted to do so by our online registration form ("Registration Data"), and (ii) to maintain and update such Registration Data as required to keep such information current, complete and accurate. You warrant that your Registration Data is and will continue to be accurate and current and that you are authorized to provide such Registration Data. You authorize us to verify your Registration Data at any time. If any Registration Data that you provide is untrue, inaccurate, not current or incomplete, we retain the right, in its sole discretion, to suspend or terminate rights to use your account. Solely to enable us to use information you supply us internally, so that we are not violating any rights you might have in that information, you grant to us a nonexclusive license to (i) convert such information into digital format such that it can be read, utilized and displayed by our computers or any other technology currently in existence or hereafter developed capable of utilizing digital information, and (ii) combine the information with other content provided by us in each case by any method or means or in any medium whether now known or hereafter devised.
We will not treat information that you post to areas of this site that are viewable by others (for example, to a blog, forum or chat-room) as proprietary, private, or confidential. We have no obligation to monitor posts to this site or to exercise any editorial control over such posts; however, we reserve the right to review such posts and to remove any material that, in our judgment, is not appropriate. Posting, transmitting, promoting, using, distributing or storing content that could subject us to any legal liability, whether in tort or otherwise, or that is in violation of any applicable law or regulation, or otherwise contrary to commonly accepted community standards, is prohibited, including without limitation information and material protected by copyright, trademark, trade secret, nondisclosure or confidentiality agreements, or other intellectual property rights, and material that is obscene, defamatory, constitutes a threat, or violates export control laws.
This site is a provider of "interactive computer services" under the Communications Decency Act, 47 U.S.C. Section 230, and as such, our liability for defamation and other claims arising out of any postings to this site by third parties is limited as described herein. We are not responsible for content or any other information posted to this site by third parties. We neither warrant the accuracy of such postings or exercise any editorial control over such posts, nor do we assume any legal obligation for editorial control of content posted by third parties or liability in connection with such postings, including any responsibility or liability for investigating or verifying the accuracy of any content or any other information contained in such postings.
User consents to allow IM to contact them via email for purposes including, but not limited to, requesting or providing information about the User’s account, and sending news and information regarding content marketing.
We may give notice to you by means of (i) a general notice in your account information, (ii) by electronic mail to your e-mail address on record in your Registration Data, or (iii) by written communication sent by first class mail or pre-paid post to your address on record in your Registration Data. Such notice shall be deemed to have been given upon the expiration of forty eight (48) hours after mailing or posting (if sent by first class mail or pre-paid post) or twelve (12) hours after sending (if sent by email). You may give notice to us (such notice shall be deemed given when received by us) at any time by any of the following: (a) by letter sent by confirmed facsimile to us at the following fax number, 877-605-6882; or (b) by letter delivered by nationally recognized overnight delivery service or first class postage prepaid mail to us as follows: Interact Media, LLC, 9319 Hermitage Rd, Chardon, OH 44024, in either case, addressed to the attention of "President of the Company". Notices will not be effective unless sent in accordance with the above requirements.
Except for actions to protect intellectual property rights and to enforce an arbitrator’s decision hereunder, all disputes, controversies, or claims arising out of or relating to this Agreement or a breach thereof shall be submitted to and finally resolved by arbitration under the rules of the American Arbitration Association ("AAA") then in effect. There shall be one arbitrator, and such arbitrator shall be chosen by mutual agreement of the parties in accordance with AAA rules. The arbitration shall take place in Cleveland, Ohio, USA, and may be conducted by telephone or online. The arbitrator shall apply the laws of the State of Ohio, USA to all issues in dispute. The controversy or claim shall be arbitrated on an individual basis, and shall not be consolidated in any arbitration with any claim or controversy of any other party. The findings of the arbitrator shall be final and binding on the parties, and may be entered in any court of competent jurisdiction for enforcement. Enforcements of any award or judgment shall be governed by the United Nations Convention on the Recognition and Enforcement of Foreign Arbitral Awards.
The courts of Geauga County in the State of Ohio, USA and the nearest U.S. District Court shall be the exclusive jurisdiction and venue for all legal proceedings that are not arbitrated under this Agreement.
If any provision of this Agreement is declared invalid or unenforceable, such provision shall be deemed modified to the extent necessary and possible to render it valid and enforceable. In any event, the unenforceability or invalidity of any provision shall not affect any other provision of this Agreement, and this Agreement shall continue in full force and effect, and be construed and enforced, as if such provision had not been included, or had been modified as above provided, as the case may be.
We shall not be liable for damages for any delay or failure of delivery arising out of causes beyond our reasonable control and without our fault or negligence, including, but not limited to, Acts of God, acts of civil or military authority, fires, riots, wars, embargoes, Internet disruptions, hacker attacks, or communications failures.
Those clauses the survival of which is necessary for the interpretation or enforcement of this Agreement shall continue in full force and effect in accordance with their terms notwithstanding the expiration or termination hereof, such clauses to include, without limitation, the following: License Restrictions, Warranty Disclaimer, Limitation of Liability, Privacy And Security, Notices, Arbitration, Jurisdiction and Venue, Severability, Force Majeure, and Miscellaneous.