Welcome to Z Living GO. We are a subscription service that provides our subscribers with several online viewing options, including access to our library of healthy lifestyle & wellness shows and the Z Living television network for streaming to certain smart phones, tablets, computers and other devices. We are also an on demand service, where you can pay to see our content on a monthly basis. This is what we offer:
A monthly subscription service for:
a. Viewing an unlimited number of our shows.
b. For viewing linear feeds of the Z Living television network.
By using the Service, you consent to receiving electronic communications from Z Living relating to your account. These communications may involve sending emails to your email address provided during registration, or posting communications on the Service, or in your user account page and will include notices about your account (e.g., payment authorizations, change in password or Payment Method, confirmation e-mails and other transactional information) and are part of your relationship with Z Living GO. You agree that any notice, agreements, disclosure or other communications that we send to you electronically will satisfy any legal notice and/or communication requirements, including that such notices and/or communications be in writing. You should maintain copies of electronic notices and communications by printing a paper copy or saving an electronic copy. You also consent to receiving certain other communications from us, such as newsletters about new Z Living GO features and content, special offers, promotional announcements and customer surveys via email or other methods. If you no longer want to receive certain non-transactional communications, simply go to the "Email preferences" link on your user account page of our website (www.go.zliving.com/myaccount) to manage your Z Living GO communications.6. Service Content, Ownership, Limited License and Rights of Others.
a. Wireless Features. The Service may offer certain features and services that are available to you via your wireless device (collectively, “Wireless Features”). Standard messaging, data, and other fees may be charged by your carrier to participate in Wireless Features, for which you are responsible.
b. Terms of Wireless Features. You agree that we may send communications to your wireless device regarding the Wireless Features for which you are registered. Further, we may collect information related to your use of the Wireless Features, subject to the next section. If you have registered via the Service for Wireless Features, then you agree to notify Z Living GO of any changes to your wireless contact information (including phone number) and update your account on the Service to reflect the changes.
b. Profiles. We will make good faith efforts to follow your instructions regarding how and to whom your Profile information is made available, but this will not be effective immediately and may not be error free. If you are having problems with Profile settings, contact us. If there is any dispute as to whether a Profile has been created or is being maintained by an authorized representative of the individual who is the subject of that Profile, then we shall have the sole right, but are not obligated, to resolve such dispute as we determine is appropriate in our sole discretion.
c. Subscriptions. Ongoing Subscription. Your Z Living GO subscription, which may start with a free trial, will continue month-to-month unless and until you cancel your subscription or we terminate it. You must have Internet access and provide us with a current, valid, accepted method of payment, which you must update as necessary so that we always have a valid method of payment (as such may be updated from time to time, "Payment Method") to use the Service. We will bill the monthly subscription fee to your Payment Method. You must cancel your subscription before it renews each month in order to avoid billing of the next month's subscription fees to your Payment Method.
hanges in Services Offered. We may add, delete, rearrange, alter, interrupt, change and/or eliminate any and all programming, programming packages and/or other Services that we offer, as well as the prices and fees related to such programming, programming packages and/or other Services that we offer, at any time, including, without limitation during any term commitment period to which you have agreed. In any such event, you are not entitled to any refund because we add, delete, rearrange, alter, interrupt, change and /or eliminate any programming, programming packages and/or other Services.
d. Free Trials Your Z Living GO subscription may start with a free trial. The free trial period of your subscription lasts for one month, or as otherwise specified during sign-up. Free trials may not be combined with any other offers. Free trials are for new and certain former subscribers only. Z Living GO reserves the right, in its absolute discretion, to determine your free trial eligibility. A free trial may include a wider selection of services than a subscriber originally signed up for. However, at the end of the trial period, the additional services will end and you will receive only the services signed up for and will be billed accordingly.
We will begin billing your Payment Method for monthly subscription fees at the end of the free trial period of your subscription unless you cancel prior to the end of the free trial period. To view the specific details of your subscription, including monthly subscription price and end date of your free trial period, visit our website and click the "My Account" tab on your user account page. We may authorize your Payment Method through various methods, including authorizing it up to approximately one month of service as soon as you register. In some instances, your available balance or credit limit may be reduced to reflect the authorization during your free trial period.
You may not receive a notice from us that your free trial period has ended or that the paying portion of your subscription has begun. CLICK ON YOUR ACCOUNT TO FIND CANCELLATION INSTRUCTIONS. We will continue to bill your Payment Method on a monthly basis for your subscription fee until you cancel.
Monthly Subscription Billing. By starting your Z Living GO subscription, you authorize us to charge you a monthly subscription fee at the then current rate, and any other charges you may incur in connection with your use of the Service via your Payment Method, and to investigate your financial responsibility and creditworthiness, including, without limitation, acquiring credit reports and histories and to report any payment defaults to credit reporting agencies. Under the Fair Credit Reporting Act, you have the right to notify us if you believe that we have reported inaccurate information about your account to any credit reporting agency. You acknowledge that the amount billed each month may vary from month to month for reasons that may include differing amounts due to promotional offers and/or changing or adding a plan, and you authorize us to charge your Payment Method for such varying amounts, which may be billed monthly in one or more charges.
Pay-Per-View/On-Demand Billing. By selecting and ordering specific movies, television programs, special events and other content for delivery to you, you authorize us to charge you at the advertised pricing for each item ordered via your Payment Method. We will charge you on an as-used basis, and you acknowledge that the aggregate amount charged each month will vary depending on your usage. You hereby authorize us to charge your Payment Method for such usage as you use it. Combination Billing. If you are a subscriber to one of our subscription services and if you also use our pay-per-view/on-demand services in a particular month, your pay-per-view/on-demand usage will be charged via your Payment Method on an as used basis. You will be charged separately for your subscription fees.
No Refunds. PAYMENTS ARE NONREFUNDABLE AND THERE ARE NO REFUNDS OR CREDITS FOR PARTIALLY USED PERIODS. Following any cancellation, however, you will continue to have access to the service through the end of your current billing period. At any time, and for any reason, we may provide a refund, discount, or other consideration to some or all of our subscribers ("credits"). The amount and form of such credits, and the decision to provide them, are at our sole and absolute discretion. The provision of credits in one instance does not entitle you to credits in the future for similar instances, nor does it obligate us to provide credits in the future, under any circumstance.
Payment Methods. You may edit your Payment Method information by visiting our website and clicking on your username, available at the top of the pages of the Z Living GO website. If a payment is not successfully settled, due to expiration, insufficient funds, or otherwise, and you do not edit your Payment Method information or cancel your account (see, "Cancellation" below), you remain responsible for any uncollected amounts and authorize us to continue billing the Payment Method, as it may be updated. This may result in a change to your payment billing dates. If you signed up for Z Living GO using your account with a third party (i.e., iTunes, or similar account) as a Payment Method, and wish to cancel your Z Living GO subscription at any time, including during your free trial, you will need to do so through such third party, including by visiting your account with the applicable third party and turning off auto-renew, or unsubscribing from, the Service. You may also find billing information about your Z Living GO subscription by visiting your account with the applicable third party. For certain Payment Methods, the issuer of your Payment Method may charge you a foreign transaction fee or other charges. Check with your Payment Method service provider for details.
Cancellation. You may cancel your Z Living GO subscription at any time, and you will continue to have access to the Service through the end of your monthly billing period. WE DO NOT PROVIDE REFUNDS OR CREDITS FOR ANY PARTIAL-MONTH SUBSCRIPTION PERIODS OR UNWATCHED MOVIES OR TV SHOWS. To cancel, go to your user account page on our website and follow the instructions for cancellation.10. The Service
b. The Service, and any content viewed through our Service, is for your personal and non-commercial use only. During your Z Living GO subscription, we grant you a limited, non-exclusive, non-transferable, license to access the Service and view movies, TV shows and special events through the Service on a streaming-only basis for that purpose. Except for the foregoing limited license, no right, title or interest shall be transferred to you.
c. A list of devices on which you may access the Service is listed at [www.go.zliving.com]
d. We continually update the Service, including the content library. In addition, we continually test various aspects of our service, including our website, user interfaces, service levels, plans, promotional features, availability of movies and TV shows, delivery and pricing. We reserve the right to, and by using our service you agree that we may, include you in or exclude you from these tests without notice. We reserve the right in our sole and absolute discretion to make changes from time to time and without notice in how we offer and operate our service.
f. The availability of movies and TV shows to watch will change from time to time. The quality of the display of the streaming movies & TV shows may vary from computer to computer, and device to device, and may be affected by a variety of factors, such as your location, the bandwidth available through and/or speed of your Internet connection. You are responsible for all Internet access charges. Please check with your Internet provider for information on possible Internet data usage charges. Z Living GO makes no representations or warranties about the quality of your watching experience on your display. The time it takes to begin watching a TV show will vary based on a number of factors, including your location, available bandwidth at the time, the movie or TV show you have selected and the configuration of your Z Living GO ready device.
a. The individual who created the Z Living GO account and whose Payment Method is charged is referred to here as the Account Owner. The Account Owner has access and control over the Z Living GO account. The Account Owner's control is exercised through use of the Account Owner's password and therefore to maintain exclusive control, the Account Owner should not reveal the password to anyone. In addition, if the Account Owner wishes to prohibit others from contacting Z Living GO Customer Service and potentially altering the Account Owner's control, the Account Owner should not reveal the Payment Method details (e.g., last four digits of their credit or debit card, or their email address if they use Moneris) associated with their account. You are responsible for updating and maintaining the truth and accuracy of the information you provide to us relating to your account.
b. In order to provide you with ease of access to your account and to help administer the Service, Z Living GO implements technology that enables us to recognize you as the Account Owner and provide you with direct access to your account without requiring you to retype any password or other user identification when you revisit the Service, which includes accessing via Z Living GO ready devices or website.
d. You should be mindful of any communication requesting that you submit credit card or other account information. Providing your information in response to these types of communications can result in identity theft. Always access your sensitive account information by going directly to the Z Living GO website and not through a hyperlink in an email or any other electronic communication, even if it looks official. Z Living GO reserves the right to place any account on hold anytime with or without notification to the subscriber in order to protect itself and its partners from what it believes to be fraudulent activity. Z Living GO is not obligated to credit or discount a subscription for holds placed on the account by either a representative of Z Living GO or by the automated processes of Z Living GO.12. Disclaimers of Warranties and Limitations on Liability
a. THE SERVICE AND ALL CONTENT AND SOFTWARE ASSOCIATED THEREWITH, OR ANY OTHER FEATURES OR FUNCTIONALITIES ASSOCIATED WITH THE SERVICE, ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND. Z LIVING GO DOES NOT GUARANTEE, REPRESENT, OR WARRANT THAT YOUR USE OF THE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE. Z LIVING GO SPECIFICALLY DISCLAIMS LIABILITY FOR THE USE OF APPLICATIONS, Z LIVING GO READY DEVICES, AND Z LIVING GO SOFTWARE (INCLUDING THEIR CONTINUING COMPATIBILITY WITH OUR SERVICE). WE DO NOT TAKE RESPONSIBILITY OR OTHERWISE WARRANT THE PERFORMANCE OF THESE DEVICES, AND SPECIFICALLY DISCLAIM LIABILITY FOR ANY DAMAGE CAUSED TO DEVICES BY OR IN CONNECTION WITH THEIR USE WITH THE SERVICE. Z LIVING GO SHALL NOT BE RESPONSIBLE FOR INCOMPATABILITY OF ANY DEVICE OR SYSTEM REQUIREMENT WITH THE SERVICE. By using our service, you agree to look solely to the entity that manufactured and/or sold you the device for any issues related to the device and its compatibility with the Service.
b. TO THE EXTENT PERMISSIBLE UNDER APPLICABLE LAWS, IN NO EVENT SHALL Z LIVING GO, ASIA TV USA LTD. OR ITS OR THEIR SUBSIDIARIES OR ANY OF THEIR SHAREHOLDERS, DIRECTORS, OFFICERS, EMPLOYEES OR LICENSORS BE LIABLE (JOINTLY OR SEVERALLY) TO YOU FOR PERSONAL INJURY OR ANY SPECIAL, INCIDENTAL, INDIRECT OR CONSEQUENTIAL DAMAGES OF ANY KIND, OR ANY DAMAGES WHATSOEVER.
c. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR CERTAIN TYPES OF DAMAGES. THEREFORE, SOME OF THE ABOVE LIMITATIONS IN THIS SECTION MAY NOT APPLY TO YOU.
a. Copyright. The Service, including all content provided on the Service, is protected by United States and international copyright, trade secret or other intellectual property laws and treaties.
b. Trademarks. Z Living GO is a registered trademark of Asia Today Ltd. For information on use of Z Living GO trademarks visit (www.zeefamily.tv/help).
c. Warning Against Piracy and Infringement. Receiving any portion of the Services without paying for them and/or any direct or indirect act or attempted act to engage or assist in any unauthorized interception or reception of any portion of the Services is a violation of various US federal and state laws and of this Agreement. The penalties for violating such laws can include imprisonment and civil damages awards of up to $110,000 per violation. Section 605(e) 4 of the US CODE makes it a federal crime to modify IPTV equipment to receive encrypted television programming without payment of required fees. Conviction can result in a fine of up to $500,000 and imprisonment for five years or both. Any person who procures IPTV equipment that has been so modified is an accessory to the offense and maybe punished. Investigative authority for violations lies with the FBI.
d. Claims of Copyright Infringement. If you believe that your work has been copied in a way that constitutes copyright infringement, please provide us with written information specified below. Please note that this procedure is exclusively for notifying Z Living GO and its affiliates that your copyrighted material has been infringed.
An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;
A description of the copyrighted work that you claim has been infringed upon;
A description of where the material that you claim is infringing is located on the Site;Your address, telephone number, and e-mail address;
A statement by you that you have a good-faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf.
e. This notice should be sent to Z Living GO’s General Counsel at the following address: Asia TV USA Ltd. 85 Broad Street, 18th Floor, New York, NY 10004 Attn: General Counsel14. Governing Law
b. You may also be entitled to certain consumer protection rights under the laws of your local jurisdiction.15. Applications.
You may encounter third-party applications (including, without limitation, websites, widgets, software, or other software utilities) ("Application(s)") that interact with the Service. These Applications may import data related to your Z Living GO account and activity and otherwise gather data from you. These Applications are provided solely as a convenience to you, and Z Living GO is not responsible for such Applications. SUCH APPLICATIONS ARE OWNED OR OPERATED BY THIRD PARTIES THAT ARE NOT RELATED TO WITH OR SPONSORED BY Z LIVING GO AND MAY NOT BE AUTHORIZED FOR USE WITH OUR SERVICE IN ALL COUNTRIES. USE OF AN APPLICATION IS AT YOUR OWN OPTION AND RISK.16. Use of Information Submitted.
Z Living GO is free to use any comments, information, ideas, concepts, reviews, or techniques or any other material contained in any communication you may send to us ("Feedback"), including responses to questionnaires or through postings to the Service, including the Z Living GO website and user interfaces, without further compensation, acknowledgement or payment to you for any purpose whatsoever including, but not limited to, developing, manufacturing and marketing products and creating, modifying or improving the Service. In addition, you agree not to enforce any "moral rights" in and to the Feedback, to the extent permitted by applicable law. Please note Z Living GO does not accept unsolicited materials or ideas for movies or TV shows, and is not responsible for the similarity of any of its content or programming in any media to materials or ideas transmitted to Z Living GO. Should you send any unsolicited materials or ideas, you do so with the understanding that no additional consideration of any sort will be provided to you, and you are waiving any claim against Z Living GO and its affiliates regarding the use of such materials and ideas, even if material or an idea is used that is substantially similar to the material or idea you sent.17. Customer Support.
b. If you elect to seek arbitration or file a small claim court action, you must first send to Z Living GO, by certified mail, a written Notice of your claim ("Notice"). The Notice to Z Living GO must be addressed to: General Counsel, Z Living GO, Inc., 85 Broad Street, 18th Floor, New York, NY 10004 ("Notice Address"). If Z Living GO initiates arbitration, it will send a written Notice to the email address used for your subscription account. A Notice, whether sent by you or by Z Living GO, must (a) describe the nature and basis of the claim or dispute; and (b) set forth the specific relief sought ("Demand"). If Z Living GO and you do not reach an agreement to resolve the claim within 30 days after the Notice is received, you or Z Living GO may commence an arbitration proceeding or file a claim in small claims court.
c. You may download or copy a form Notice and a form to initiate arbitration at www.adr.org. If you are required to pay a filing fee, after Z Living GO receives notice at the Notice Address that you have commenced arbitration, Z Living GO will promptly reimburse you for your payment of the filing fee, unless your claim is for greater than US$10,000, in which event you will be responsible for filing fees.
d. The arbitration will be governed by the Commercial Arbitration Rules and the Supplementary Procedures for Consumer Related Disputes (collectively, "AAA Rules") of the American Arbitration Association ("AAA"), as modified by this Agreement, and will be administered by the AAA. The AAA Rules and Forms are available online at www.adr.org, by calling the AAA at 1-800-778-7879, or by writing to the Notice Address. The arbitrator is bound by the terms of this Agreement. All issues are for the arbitrator to decide, including issues relating to the scope and enforceability of this arbitration agreement. Unless Z Living GO and you agree otherwise, any arbitration hearings will take place in the county (or parish) of your residence.
e. If your claim is for US$10,000 or less, we agree that you may choose whether the arbitration will be conducted solely on the basis of documents submitted to the arbitrator, through a telephonic hearing, or by an in-person hearing as established by the AAA Rules. If your claim exceeds US$10,000, the right to a hearing will be determined by the AAA Rules. Regardless of the manner in which the arbitration is conducted, the arbitrator shall issue a reasoned written decision sufficient to explain the essential findings and conclusions on which the award is based. If the arbitrator issues you an award that is greater than the value of Z Living GO’s last written settlement offer made before an arbitrator was selected (or if Z Living GO did not make a settlement offer before an arbitrator was selected), then Z Living GO will pay you the amount of the award or US$1,000, whichever is greater. Except as expressly set forth herein, the payment of all filing, administration and arbitrator fees will be governed by the AAA Rules.
f. YOU AND Z LIVING GO AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS SUBSCRIBERIN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. Further, unless both you and Z Living GO agree otherwise, the arbitrator may not consolidate more than one person's claims with your claims, and may not otherwise preside over any form of a representative or class proceeding. If this specific provision is found to be unenforceable, then the entirety of this arbitration provision shall be null and void. The arbitrator may award declaratory or injunctive relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by that party's individual claim. You waive (i.e., give up) the right to commence any proceedings against Z Living GO later than one year after the relevant events occurred.