Terms of Service
Last Updated: April 20, 2015
**PLEASE READ THIS DOCUMENT CAREFULLY. Qzaa.com offers an online video sharing platform and community through its
website located at Qzaa.com and other Qzaa-operated sites (collectively, the "Qzaa Site"), mobile applications,
connected TV applications, and other online services (collectively and including the Qzaa Site, the "Qzaa
Service"). By registering as a member or by using the Qzaa Service in any way, you accept these Terms of Service
("Agreement"), which forms a binding agreement between you and Qzaa. If you do not wish to be bound by this
Agreement, do not use the Qzaa Service. **
1. Who May Use the Qzaa Service
AGE REQUIREMENT: You must be at least 10 years old to use the Qzaa Service. If you are not at least 10, but are
still a minor (this depends on where you live), you must have your parent or legal guardian's permission to use
the Qzaa Service. Please have him or her read this Agreement with you.
NOTICE TO PARENTS AND GUARDIANS: By granting your child permission to use the Qzaa Service, you agree to the
terms of this Agreement on behalf of your child. You are responsible for monitoring and supervising your child's
use of the Qzaa Service. If your child is using the Qzaa Service and is either under 10 or does not have your
permission, it is solely your responsibility to disable his/her access to Qzaa Service.
WARNING: Even if you are old enough to use the Qzaa Service and/or have your parent's or guardian's permission,
some of the content available within the Qzaa Service may not be appropriate for you. Some content may contain
"R-rated" material, nudity, profanity, and mature subject matter. If you are under 18, do not view such content.
2. License to Use the Qzaa Service
LICENSE: Qzaa grants you a limited, non-exclusive license to access and use the Qzaa Service for your own
personal, non-commercial purposes. This includes the right to view content available on the Qzaa Service. This
license is personal to you and may not be assigned or sublicensed to anyone else.
COMMERCIAL USE: You may not use the Qzaa Service for commercial purposes unless:
You are a Qzaa PRO user, in which case you may use and access the Qzaa Service for commercial and non-commercial
purposes, subject to compliance with the Qzaa Guidelines; or
You are a small-scale independent production company, non-profit, or artist, in which case you may use the Qzaa
Service to showcase or promote your own creative works.
RESTRICTIONS: Except as expressly permitted by Qzaa in writing, you will not reproduce, redistribute, sell,
create derivative works from, decompile, reverse engineer, or disassemble the Qzaa Service. Nor will you take any
measures to interfere with or damage the Qzaa Service. All rights not expressly granted by Qzaa are reserved.
MOBILE APP: Your use of the Qzaa Service through one of our mobile applications is also subject to our Mobile App
What information we may collect about you;
What we use that information for; and
With whom we share that information.
REGISTRATION: To fully use the Qzaa Service, you must register as a member by providing a user name, password,
and valid email address. You must provide complete and accurate registration information to Qzaa and notify us if
your information changes. If you are a business, government, or non-profit entity, the person whose email address
is associated with the account must have the authority to bind the entity to this Agreement.
USER NAME: We encourage you to use your real name. If you are a business, government, or non-profit entity, you
must use the actual name of your organization. You may not use someone else's name, a name that violates any
third party right, or a name that is obscene or otherwise objectionable.
ACCOUNT SECURITY: You are responsible for all activity that occurs under your account, including any activity by
unauthorized users. You must not allow others to use your account. You must safeguard the confidentiality of your
password. If you are using a computer that others have access to, you must log out of your account after using
the Qzaa Service. If you become aware of an unauthorized access to your account, you must change your password
and notify us immediately.
5. Subscriptions and Purchases
Qzaa PLUS AND PRO: In addition to offering Basic (free) Qzaa memberships, we offer Qzaa Plus and Qzaa PRO
subscriptions. Please see our subscription pages for current Plus and PRO features and pricing. Features and
prices are subject to change. Storage limits are calculated based upon source files. We may also offer add-on
features and packages. Qzaa PRO users who wish to obtain additional storage may request a custom account by
contacting us here: Qzaa.com/help/contact. Additional terms and conditions (to be shown prior to purchase) apply
to custom accounts. All fees may be subject to taxes.
CANCELATION AND REFUNDS: Users who purchase annual subscriptions have thirty (30) days after their purchase to
cancel and receive a full refund. Users who purchase monthly subscriptions have five (5) days after purchase to
cancel and receive a full refund. After the cancelation period ends, all purchases are final and all fees paid
are non-refundable, even if your account is later terminated by Qzaa. If your account is terminated due to your
breach of this Agreement during the relevant cancelation period, you will not be refunded. If you have questions,
please contact us.
RENEWALS: Subject to the terms hereof, you may choose to renew your subscription at the end of the subscription
period. By default, all subscriptions are set to automatically renew for the same period of time as the original
subscription. You may decline to renew at any time prior to the commencement of a renewal subscription. Qzaa
reserves the right to deny subscriptions, renewals, and other purchases for any reason. PRO subscriptions offered
beginning on October 15, 2013 may not be available to existing users whose storage as of that date exceeds the
yearly maximum for a PRO account. Unused storage, plays, and other limits do not roll over to subsequent
END OF SUBSCRIPTION: When a Qzaa Plus or PRO subscription ends, the account automatically becomes a Basic (free)
account and Qzaa may disable access to or delete any content to comply with Basic account limits. When a custom
or PRO Unlimited subscription ends, the account and its content will be deleted if the subscription is not
OTHER PURCHASES: Purchases of other products and services through the Qzaa Service are subject to our Payment
Addendum and to other terms and conditions that are presented to you at the time of purchase.
6. Term and Termination; Account Deletion
TERM: This Agreement begins on the date you first use the Qzaa Service and continues as long as you have an
account with us.
ACCOUNT DELETION: You may delete your account at any time. Basic accounts may be deleted from the Qzaa Service if
they remain inactive (i.e., the user fails to log in) for a continuous period of at least six (6) months.
Subscription accounts will remain active until the end of the subscription term and any renewal term.
TERMINATION FOR BREACH: Qzaa may suspend, disable, or delete your account (or any part thereof) or block or
remove any content you submitted if Qzaa determines that you have violated any provision of this Agreement or
that your conduct or content would tend to damage Qzaa's reputation and goodwill. If Qzaa deletes your account
for the foregoing reasons, you may not re-register for the Qzaa Service. Qzaa may block your email address and
Internet protocol address to prevent further registration.
EFFECT OF TERMINATION/ACCOUNT DELETION: Upon termination, all licenses granted by Qzaa will terminate. Sections 6
and 11 though 16 shall survive termination. In the event of account deletion for any reason, content that you
submitted may no longer be available. Qzaa shall not be responsible for the loss of such content.
7. Content Restrictions
You may not upload, post, or transmit (collectively, "submit") any video, image, text, audio recording, or other
work (collectively, "content") that:
Infringes any third party's copyrights or other rights (e.g., trademark, privacy rights, etc.);
Contains sexually explicit content or pornography (provided, however, that non-sexual nudity is permitted);
Contains hateful, defamatory, or discriminatory content or incites hatred against any individual or group;
Depicts unlawful acts or extreme violence;
Depicts animal cruelty or extreme violence towards animals;
Promotes fraudulent or dubious business schemes; or
Violates any law.
All videos you submit must also comply with the Qzaa Guidelines, which are incorporated into this Agreement.
8. Code of Conduct
In using the Qzaa Service, you must behave in a civil and respectful manner at all times. Further, you will not:
Act in a deceptive manner by, among other things, impersonating any person;
Harass or stalk any other person;
Harm or exploit minors;
Collect information about others; or
Advertise or solicit others to purchase any product or service within the Qzaa Site (unless you are an official
Qzaa partner or advertiser and have a written agreement with Qzaa).
Qzaa has the right, but not the obligation, to monitor all conduct on and content submitted to the Qzaa Service.
9. Licenses Granted by You
LICENSE TO Qzaa: As between you and Qzaa, you own the video content ("videos") that you submit to the Qzaa
Service. By submitting a video, you grant Qzaa and its affiliates a limited, worldwide, non-exclusive, royalty-
free license and right to copy, transmit, distribute, publicly perform and display (through all media now known
or hereafter created), and make derivative works from your video for the purpose of (i) displaying the video
within the Qzaa Service; (ii) displaying the video on third party websites and applications through a video embed
or Qzaa's API subject to your video privacy choices; (iii) allowing other users to play, download, and embed on
third party websites the video, subject to your video privacy choices; (iii) promoting the Qzaa Service, provided
that you have made the video publicly available; and (iv) archiving or preserving the video for disputes, legal
proceedings, or investigations.
LICENSE TO OTHER USERS: You further grant all users of the Qzaa Service permission to view your videos for their
personal, non-commercial purposes. This includes the right to copy and make derivative works from the videos
solely to the extent necessary to view the videos. The foregoing licenses are in addition to any license you may
decide to grant (e.g., a Creative Commons license).
DURATION OF LICENSES: The above licenses will continue unless and until you remove your videos from the Qzaa
Service, in which case the licenses will terminate within a commercially reasonable period of time.
Notwithstanding the foregoing, the license for legal archival/preservation purposes will continue indefinitely.
Please note that removed videos may be cached in search engine indices after removal and that Qzaa has no control
over such caching.
9.2 Non-video Content
As between you and Qzaa, you own all non-video content that you submit to the Qzaa Service. You grant Qzaa and
its affiliates a worldwide, perpetual, irrevocable, non-exclusive, royalty-free license and right to copy,
transmit, distribute, publicly perform and display (through all media now known or hereafter created), and make
derivative works from your non-video content. In addition, you waive any so-called "moral rights" in your non-
video content. You further grant all users of the Qzaa Service permission to view your non-video content for
their personal, non-commercial purposes. If you make suggestions to Qzaa on improving or adding new features to
the Qzaa Service, Qzaa shall have the right to use your suggestions without any compensation to you.
10. Your Representations and Warranties
For each piece of content that you submit, you represent and warrant that: (i) you have the right to submit the
content to Qzaa and grant the licenses set forth above; (ii) Qzaa will not need to obtain licenses from any third
party or pay royalties to any third party; (iii) the content does not infringe any third party's rights,
including intellectual property rights and privacy rights; and (iv) the content complies with this Agreement and
all applicable laws.
You will indemnify, defend, and hold harmless Qzaa and its affiliates, directors, officers, employees, and
agents, from and against all third party actions that: (i) arise from your activities on the Qzaa Service; (ii)
assert a violation by you of any term of this Agreement; or (iii) assert that any content you submitted to Qzaa
violates any law or infringes any third party right, including any intellectual property or privacy right.
12. Third Party Copyrights and Other Rights
Qzaa respects the intellectual property rights of others. If you believe that your copyright has been infringed,
please send us a notice as set forth in our Copyright and DMCA Policy, which is incorporated into this Agreement.
For other intellectual property claims, please send us a notice at legal[at]Qzaa[dot]com.
Qzaa reserves the right to modify the Qzaa Service. You are responsible for providing your own access (e.g.,
computer, mobile device, Internet connection, etc.) to the Qzaa Service. Qzaa has no obligation to screen or
monitor any content and does not guarantee that any content available on the Qzaa Service complies with this
Agreement or is suitable for all users.
Qzaa provides the Qzaa Service on an "as is" and "as available" basis. You therefore use the Qzaa Service at your
own risk. Qzaa expressly disclaims any and all warranties of any kind, whether express or implied, including, but
not limited to the implied warranties of merchantability, fitness for a particular purpose, non-infringement, and
any other warranty that might arise under any law. Without limiting the foregoing, Qzaa makes no representations
That the Qzaa Service will be permitted in your jurisdiction;
That the Qzaa Service will be uninterrupted or error-free;
Concerning any content submitted by any member;
Concerning any third party's use of content that you submit;
That any content you submit will be made available on the Qzaa Service or will be stored by Qzaa;
That the Qzaa Service will meet your business or professional needs;
That Qzaa will continue to support any particular feature of the Qzaa Service; or
Concerning sites and resources outside of the Qzaa Service, even if linked to from the Qzaa Service.
To the extent any disclaimer or limitation of liability does not apply, all applicable express, implied, and
statutory warranties will be limited in duration to a period of thirty (30) days after the date on which you
first used the Qzaa Service, and no warranties shall apply after such period.
14. Limitation of Liability
To the fullest extent permitted by law: (i) Qzaa shall not be liable for any direct, indirect, incidental,
special, consequential, or exemplary damages, including but not limited to damages for loss of profits, goodwill,
use, data or other intangible losses; and (ii) Qzaa's total liability to you shall not exceed the amounts paid by
you to Qzaa over the twelve (12) months preceding your claim(s).
15. Compliance Notice Pursuant to 18 U.S.C. § 2257
All pictures, graphics, videos, and other visual media displayed on the Qzaa Service are exempt from 18 U.S.C. §
2257 and 28 C.F.R. 75 because they do not consist of depictions of conduct as specifically listed in 18 U.S.C. §
2256 (2) (A) - (D), but are merely, at most, depictions of non-sexually explicit nudity, or are depictions of
simulated sexual conduct, or are otherwise exempt because the visual depictions were created prior to July 3,
1995. Qzaa is not the primary producer of the visual content contained in the Qzaa Service.
16. General Provisions
GOVERNING LAW: This Agreement shall be governed by the laws of the State of New York, United States of America,
without regard to principles of conflicts of law. The Uniform Commercial Code, the Uniform Computer Information
Transaction Act, and the United Nations Convention of Controls for International Sale of Goods shall not apply.
DISPUTES: Any action arising out of or relating to this Agreement or your use of the Qzaa Service must be
commenced in the state or federal courts located in New York County, New York, United States of America (and you
consent to the jurisdiction of those courts). In any such action, Qzaa and you irrevocably waive any right to a
trial by jury.
INTERPRETATION; SEVERABILITY; WAIVER; REMEDIES: Headings are for convenience only and shall not be used to
construe the terms of this Agreement. If any term of this Agreement is found invalid or unenforceable by any
court of competent jurisdiction, that term will be severed from this Agreement. No failure or delay by Qzaa in
exercising any right hereunder will waive any further exercise of that right. Qzaa's rights and remedies
hereunder are cumulative and not exclusive.
SUCCESSORS; ASSIGNMENT; NO THIRD PARTY BENEFICIARIES: This Agreement is binding upon and shall inure to the
benefit of both parties and their respective successors, heirs, executors, administrators, personal
representatives, and permitted assigns. You may not assign this Agreement without Qzaa's prior written consent.
No third party shall have any rights hereunder.
NOTICES: You consent to receive all communications including notices, agreements, disclosures, or other
information from Qzaa electronically. Qzaa may provide all such communications by email or by posting them on the
Qzaa Service. For support-related inquiries, you may contact us. You may send notices of a legal nature to Qzaa
at legal[at]Qzaa[dot]com or the following address:
Qzaa.com, P.O. Box 261, Gloucester City, NJ 08030 Attention: Legal Department
Nothing herein shall limit Qzaa's right to object to subpoenas, claims, or other demands.
MODIFICATION: This Agreement may not be modified except by a revised Terms of Service posted by Qzaa on the Qzaa
Site or a written amendment signed by an authorized representative of Qzaa. A revised Terms of Service will be
effective as of the date it is posted on the Qzaa Site.
ENTIRE AGREEMENT: This Agreement incorporates the following documents by reference:
Mobile App Addendum
Government Entity Addendum
Copyright and DMCA Policy
This Agreement constitutes the entire understanding between Qzaa and you concerning the subject matter hereof and
supersedes all prior agreements and understandings regarding the same. Notwithstanding the foregoing, this
Agreement does not govern any use of Qzaa's application protocol interface (API), which is governed by our API
END OF DOCUMENT. Have a nice day.