Terms of Service and Privacy Policy

When you read Zero Session or "we" below, it refers to Zero Session LLC, its affiliates, and agents. Should you have other questions or concerns about this document, please send us an e-mail at info@zerosession.com

Using Zero Session means accepting these terms

By accessing or using Zero Session in any way, whether you have created your own Zero Session account or were invited to view someone’s content on Zero Session (such as joining a game as a player), you agree to and are bound by the terms and conditions written in this document.

If you do not agree to all of the terms and conditions contained in this document, do not access Zero Session.

This is a living document

This is a living document and will be subject to updates and changes over time. By continuing to use the Zero Session, you agree to implicitly accept the changes we make. Your access and use of Zero Session is always subject to the most current version of this document.

Breach of Terms

If you breach any of the terms and conditions in this document, your authorization to access or use Zero Session automatically terminates. Any materials downloaded or printed from Zero Session in violation of the Terms of Service must be immediately destroyed.

We may block, restrict, disable, suspend or terminate your access to all or part of Zero Session at any time in our sole discretion, without prior notice or liability to you.

If you think we removed your access by mistake, let us know and we’ll give you our reasoning. We also have a quick way to restore access without losing any of your data.

Access to your data

 

What personal data do you collect and why?

We collect the following personal data:

  • Name (including Display Name)

  • E-mail address

  • Phone number

  • Date of birth

  • IP Address (for general statistics on usage and abuse prevention)


We do not collect Credit Card information directly.

We use return e-mail addresses to answer the e-mail we receive. Such addresses are not used for any other purpose and are not shared with outside parties.

Please be aware that your browser must be enabled to accept cookies from zerosession.com in order for you to use Zero Session.

Finally, we never use or share the personally identifiable information provided to us online in ways unrelated to the ones described above.

Who can see my password?

No-one. We never store your password unencrypted, so no-one can read it, not even us.

It is your sole responsibility to keep your email, password and other sensitive information confidential. If you become aware of any unauthorized use of your account or any other breach of security, you shall notify Zero Session immediately.

If you forget your password, we send you a secure link via email that lets you reset it.

Who can see my credit card number?

No-one at Zero Session. We use the very trustworthy and secure Peek payment service. They encrypt your credit card info using industry-standard practices.

Our Commitment to Children’s Privacy

Protecting the privacy of the very young is especially important. For that reason, we never collect or maintain information at our website from those we actually know are under 18.

How can I access or correct my information?

You can access all your personally identifiable information that we collect online and maintain by logging in to Zero Session and visiting the My Account page.

Who can access my campaigns and other content?

By default, all campaigns and other assets that you create or upload to Zero Session are private. However, if you invite players to join your game, or choose to share your campaigns with other Zero Session users, then they will have access to view those specific campaigns and any assets used in those campaigns. Any assets that you upload to the Zero Session Marketplace will also be made public under the license that you select when the asset is submitted.

What are the guidelines Zero Session follows when accessing my data?

  • We restrict who at Zero Session can access customer data to only senior members of the team, and never to outside contractors.

  • We only do it in response to a customer support question, or to look at issues affecting the entire Zero Session application.

  • We only do it in order to debug and fix the issue.

  • We never ever ever share what we see with other customers or the general public.

  • We might give access to US authorities if requested in writing. We’ll try not to, but we don’t have the resources to fight the government. We’ll also keep the account owner informed as much as we can if this happens.

How is my data protected from another customer’s data?

All of our customers’ data resides in the same database. We use software best practices to guarantee that only people who you designate as viewers of your data can access it. In other words, we segment our customer data via software. We do our best and are very confident we’re doing a good job at it, but, like every other web app that hosts their customers data on the same database, cannot guarantee that a sophisticated hacker cannot access other people’s data.

Intellectual Property Rights

Who owns Zero Session materials?

Zero Session materials are all the information, data, documents (e.g. white papers, press releases, datasheets, FAQs, etc.), communications, downloads, files, text, images, photographs, graphics, videos, webcasts, publications, content, tools, resources, software, code, programs and products on Zero Session produced by Zero Session.

Zero Session materials are protected by copyrights, trademarks, patents, trade secrets and all other intellectual property and proprietary rights, and any unauthorized use of the Zero Session Materials may violate such laws and the Terms of Service.

You agree not to copy, republish, frame, download, transmit, modify, adapt, create derivative works based on, rent, lease, loan, sell, assign, distribute, display, perform, license, sublicense or reverse engineer the Zero Session service or Zero Session Materials or any portions of them.

You agree that you will not decompile, reverse engineer or otherwise attempt to discover the source code of the software. Any copying or redistribution of the software is prohibited, including any copying or reproduction of the software to any other server or location for further reproduction, redistribution or use on a service bureau basis. Any unauthorized use, copying or distribution of the software is expressly prohibited by law, and may result in severe civil and criminal penalties. Violators will be prosecuted to the maximum extent possible.

The trademarks, logos and service marks displayed on this Site are the property of Zero Session LLC or other third parties. You are not permitted to use them without the prior written consent of Zero Session LLC or such third party that may own the Marks. Zero Session and the Zero Session logo are trademarks of Zero Session LLC.

  • Zero Session materials may not be modified or altered in any way.

  • Zero Session materials on Zero Session may not be distributed or sold, rented, leased, licensed or otherwise made available to others.

  • You may not remove any copyright or other proprietary notices contained in the Zero Session materials.

  • You may not copy or distribute any graphics in the Zero Session materials apart from their accompanying text.

  • You will not quote or display Zero Session materials, or any portions thereof, out of context.

  • Zero Session reserves the right to revoke the authorization to view, download and print the Zero Session materials available via Zero Session at any time, and any such use shall be discontinued immediately upon notice from Zero Session.

  • The rights granted to you constitute a license and not a transfer of title.

  • Any Zero Session materials made available only upon payment of a fee may only be viewed, downloaded and printed subject to your payment of such fee.

Who owns the IP of my campaigns and uploaded content?

Zero Session does not claim intellectual property rights over campaigns or uploaded content on Zero Session.

We leave it to each Zero Session user to decide who should own the IP of the materials created using their Zero Session account.

Content that you upload to the Zero Session remains the IP of the original creator.

You acknowledge and agree that Zero Session has no liability of any kind should anyone you granted access to your content modify, destroy, corrupt, copy or distribute it, or violate the Terms of Service or other limitations that you may impose on the use of your shared content.

Zero Session does not pre-screen user materials that users provide or otherwise submit via Zero Session; however, Zero Session may remove any posted or submitted user materials from Zero Session for any reason without notice in its sole discretion. By posting or submitting your user materials, you represent and warrant that you own or otherwise control all of the intellectual property rights and other rights to your user materials as described in these Terms of Service, including all the rights necessary for you to post or submit your user materials.

In addition, by posting or otherwise submitting your user materials that contain images, photographs, pictures, videos, webcasts or that are otherwise graphical in whole or in part (“Images”), you represent and warrant that: (a) you own the copyright in such Images, or that you have obtained all necessary license(s) from the copyright owner(s) of such Images to use such Images, or portions thereof, in keeping with your use in connection with Zero Session and as otherwise permitted by these Terms of Service; (b) you have the rights necessary to grant the licenses and sublicenses described in these Terms of Service; and (c) you have received consent from any and all persons depicted in such Images to use the Images as set forth in these Terms of Service, including the distribution, public display, public performance and reproduction of such Images.

You are solely and entirely responsible for all of your user materials that you post or otherwise submit via Zero Session. You shall assume all risks associated with the use of your user materials including any reliance on the accuracy, completeness or usefulness of your user materials. Zero Session does not guarantee the accuracy, integrity or quality of your user materials. You acknowledge and agree that by accessing or using Zero Session, you may be exposed to user materials from others that are offensive, indecent or otherwise objectionable.

Reliability

Do you guarantee that Zero Session will be accessible at all times?

In short, we do not. Like all other cloud-based applications, we are vulnerable to the inherent unreliability of the Internet.

We monitor Zero Session closely and have set up automated alarms to be notified (via email and SMS) when the Zero Session service is under stress, so that we can deal with the issue before it becomes a problem that might impact customer access.

You acknowledge and agree that Zero Session shall not be liable for any failure to store or retrieve your materials on Zero Session at any time.

Play Nice Clauses

Use of Zero Session

 

You agree that you shall not:

  • Collect, harvest, mine or engage in any other activity to obtain e-mail addresses, phone numbers, personal information or any other information about others.

  • Use or attempt to gain access to or use another’s user or company account, password, data, or computer systems or networks connected to any Zero Session server, whether through hacking, password mining or any other means.

  • Access or attempt to access any material that you are not authorized to access.

  • Make available any files containing materials where you do not own or control, or have not received the necessary licenses to, all intellectual property rights, rights of privacy and publicity and all other rights in and to such materials.

  • Use any materials in any manner that infringes any intellectual property rights or other rights of any party.

  • Create, facilitate, or participate in any games intended primarily to disseminate copyrighted material.

  • Disrupt or interfere with the security of, or otherwise cause harm to, the Zero Session service, Zero Session materials, systems resources, accounts, passwords, servers or networks connected to or accessible through Zero Session or any affiliated or linked sites.

  • Transmit unsolicited or bulk communications to any Zero Session account holder or to any zerosession.com or affiliated e-mail address.

  • Post or otherwise submit any software, programs or files that are harmful or disruptive of another’s equipment, software or other property, including any corrupted files, time bombs, Trojan horses, viruses and worms.

  • Create a false identity for the purpose of misleading others.

  • Download any materials posted by another that you know, or reasonably should know, cannot be legally reproduced, distributed, performed or displayed in such manner.

  • Disrupt, interfere or inhibit any other user from using and enjoying the Zero Session service or other affiliated or linked sites, materials or services.

  • Access or use Zero Session in any manner that could damage, disable, overburden or impair any Zero Session server or the network(s) connected to any Zero Session server.

  • Violate any applicable laws or regulations related to the access to or use of Zero Session, or engage in any activity prohibited by the Terms of Service.

  • Post or otherwise submit any topic, name, material or information that is child pornography, defamatory, excessively violent, harassing, inappropriate, indecent, lascivious, lewd, obscene, profane, racist, unlawful, or otherwise objectionable.

  • Prepare, compile, use, download or otherwise copy any Zero Session user directory or other user or usage information or any portion thereof, or transmit, provide or otherwise distribute (whether or not for a fee) such directory or information to any third party.

  • Engage in any chain letters, contests, junk e-mail, pyramid schemes, spamming, surveys or any other duplicative or unsolicited messages (commercial or otherwise).

  • Violate the rights of Zero Session or any third party (including rights of privacy and publicity) or abuse, defame, harass, stalk or threaten another.

  • Market any goods or services for any business purpose (including advertising and making offers to buy or sell goods or services), unless specifically allowed to do so by Zero Session.

  • Materials and Services provided by third parties are governed by separate agreements accompanying such materials and services. Zero Session offers no guarantees and assumes no responsibility or liability of any type with respect to the third-party services, including any liability resulting from incompatibility between a third-party service, Zero Session materials, the Zero Session service or another third-party service. You agree that you will not hold Zero Session responsible or liable with respect to the third-party services.

Special Treatment for Spammers

In the event of your or others’ access to or use of the Zero Session service in connection with the transmission of spam unsolicited e-mail or postings in violation of these Terms of Service, you acknowledge and agree that Zero Session would be irreparably harmed thereunder and that monetary damages would be an insufficient and ineffective remedy; therefore you agree that Zero Session is entitled to obtain immediate injunctive relief against any such transmission (in addition to all other remedies available at law or in equity). Zero Session may without restriction block, filter or delete unsolicited e-mail.

Restriction and Termination of Use

Zero Session may block, restrict, disable, suspend or terminate your access to all or part of Zero Session at any time in Zero Session’s sole discretion, without prior notice or liability to you.

Notification of Copyright Infringement (DMCA Policy)

Zero Session will, in appropriate circumstances, terminate the accounts of users who infringe the intellectual property rights of others. Zero Session will investigate notices of copyright infringement and take appropriate actions under the Digital Millennium Copyright Act, Title 17, United States Code, Section 512(c)(2) (“DMCA”).

If you believe that your work has been used or copied in a way that constitutes copyright infringement and such infringement is occurring on Zero Session or on sites linked to from Zero Session, please provide written notification of claimed copyright infringement to the designated agent for Zero Session (identified below), which must contain the following elements:

  • A physical or electronic signature of the person authorized to act on behalf of the owner of the copyright interest that is alleged to have been infringed;

  • A description of the copyrighted work or works that you claim have been infringed and identification of what content in such work(s) is claimed to be infringing and which you request to be removed or access to which is to be disabled;

  • A description of where the content that you claim is infringing is located on Zero Session;

  • Information sufficient to permit Zero Session to contact you, such as your physical address, telephone number, and e-mail address;

  • A statement by you that you have a good faith belief that the use of the content identified in your Notice in the manner complained of is not authorized by the copyright owner, its agent, or the law;

  • A statement by you that the information in your notice is accurate and, under penalty of perjury, that you are the copyright owner or authorized to act on the copyright owner’s behalf.

 

Zero Session’s designated agent for notice of claims of copyright infringement can be reached as follows:

By e-mail: info@zerosession.com

Links to Third Party Sites

Zero Session may include links that will take you to other sites outside of the Zero Session service. The linked sites are provided by Zero Session to you as a convenience and the inclusion of the links do not imply any endorsement by Zero Session of any linked site. Zero Session has no control of the linked sites and you therefore acknowledge and agree that Zero Session is not responsible for the contents of any linked site, any link contained in a linked site or any changes or updates to a linked site. You further acknowledge and agree that Zero Session is not responsible for any form of transmission (e.g. webcasting) received from any linked site.

Advertisements and Promotions

Zero Session may run advertisements and promotions from third parties via Zero Session in any manner or mode and to any extent. Your communications, activities, relationships and business dealings with any third parties advertising or promoting via Zero Session, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, shall be solely matters between you and such third parties. You acknowledge and agree that Zero Session is not responsible or liable for any loss or damage of any kind incurred as the result of any such dealings or as the result of the presence of such non-Zero Session advertisers on Zero Session.

Warranties and Disclaimers

The Zero Session service and Zero Session materials are provided by Zero Session under these Terms of Service “as is” without warranty of any kind, either express, implied, statutory or otherwise, including, but not limited to, the implied warranties of title, non-infringement, merchantability or fitness for a particular purpose. Without limiting the foregoing, Zero Session makes no warranty that

  • the Zero Session service and Zero Session materials will meet your requirements;

  • the Zero Session service and Zero Session materials will be uninterrupted, timely, secure, or error-free;

  • the results that may be obtained from the use of Zero Session service and Zero Session materials will be effective, accurate, or reliable;

  • the quality of the site or any services or materials purchased or accessible by you will meet your expectations; and

  • any errors or defects in Zero Session service and Zero Session materials will be corrected.

This Zero Session service and Zero Session materials may include technical or other mistakes, inaccuracies, or typographical errors. Zero Session may make changes to the site, materials and services, including the prices and descriptions of any software or products listed, at any time in its sole discretion and without notice. The Zero Session service and Zero Session materials may be out of date, and Zero Session makes no commitment to update the site, materials and services.

You acknowledge and agree that:

  • Zero Session does not control, endorse, or accept responsibility for any materials or services offered by third parties, including third-party vendors and third parties accessible through linked sites;

  • Zero Session makes no representations or warranties whatsoever about any such third parties, their materials or services;

  • any dealings you may have with such third parties are at your own risk; and

  • Zero Session shall not be liable or responsible for any materials or services offered by third parties.

 

Zero Session does not control or endorse the materials found in any services and specifically disclaims any liability with regard to the site, services and any actions resulting from your use of the Zero Session service and Zero Session materials and participation in any services. Managers, hosts, and other third parties are not authorized Zero Session spokespersons, and their views do not necessarily reflect those of Zero Session. To the maximum extent permitted by law, Zero Session will have no liability related to user materials arising under intellectual property rights, libel, privacy, publicity, obscenity or other laws. Zero Session also disclaims all liability with respect to the misuse, loss, modification or unavailability of any user materials.

The use of Zero Session service, Zero Session materials or the downloading or other use of any materials is done at your own discretion and risk and with your agreement that you will be solely responsible for any damage to your computer system, loss of data or other harm that results from such activities. Zero Session assumes no liability for any computer virus or other similar software code that is downloaded to your computer from the site or in connection with any services or materials. No advice or information, whether oral or written, obtained by you from Zero Session or via the site, services or materials shall create any warranty not expressly stated in the Terms of Service. Zero Session will not be liable for any loss that you may incur as a result of someone else using your password or account with respect to the site or any services or materials, either with or without your knowledge.

Some states or jurisdictions do not allow the exclusion of implied warranties or limitations on how long an implied warranty may last, so the above limitations may not apply to you. To the extent permissible, any implied warranties are limited to ninety (90) days.

Indemnity and Liability

You agree to indemnify and hold Zero Session and its officers, co-branders, other partners and employees harmless from any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of:

  • your user materials and any other content (e.g. computer viruses) that you may submit, post to or transmit through Zero Session, including a third party’s use of such user materials or content (e.g. reliance on the accuracy, completeness or usefulness of your user materials);

  • your access to or use of Zero Session (including any use by your employees, contractors or agents and all uses of your account numbers, user names and passwords, whether or not actually or expressly authorized by you, in connection with Zero Session);

  • your connection to Zero Session;

  • your violation of the Terms of Service;

  • the actions of any member of your work group, including non-logged in users you have granted access to your Zero Session campaigns;

  • your infringement of any third party’s intellectual property rights when using any of the software made available on Zero Session;

  • your violation of any rights of any third party;

  • your access to or use of linked sites and your connections thereto; or

  • any dealings between you and any third parties advertising or promoting via Zero Session.

International Users

The Zero Session service can be accessed from countries around the world and may contain references to Zero Session products, services and programs that are not available in your country. These references do not imply that Zero Session intends to announce such products, services or programs in your country. The Site is controlled, operated and administered by Zero Session LLC and its affiliates from their offices within the United States of America. Zero Session makes no representation that the Zero Session service and Zero Session materials are appropriate or available for use at other locations outside the United States, and access to the Site from territories where the Site, the Services or Materials are illegal is prohibited. If you access the Site from a location outside the United States, you are responsible for compliance with all local laws, and you consent to the transfer of your data for processing in the United States.

The export and re-export of Zero Session Software are controlled by the United States Export Administration Regulations, and such Software may not be exported or re-exported to Cuba, Iran, Libya, North Korea, Sudan, Syria, or any country to which the United States embargoes goods. In addition, the Software may not be distributed to persons on the Table of Denial Orders, the Entity List, or the List of Specially Designated Nationals.

By downloading Software, you are certifying that you are not a national of Cuba, Iran, Libya, North Korea, Sudan, Syria or any country to which the United States embargoes goods, and that you are not a person on the Table of Denial Orders, the Entity List, or the List of Specially Designated Nationals.

All Zero Session websites, products and publications are commercial in nature. The Software and documentation available on this Site are “Commercial Items,” as that term is defined at 48 C.F.R. §2.101, consisting of “Commercial Computer Software” and “Commercial Computer Software Documentation,” as such terms are used in 48 C.F.R. §12.212 or 48 C.F.R. §227.7202, as applicable. Consistent with 48 C.F.R. §12.212 or 48 C.F.R. §§227.7202-1 through 227.7202-4, as applicable, the Commercial Computer Software and Commercial Computer Software Documentation are licensed to U.S. Government end users (A) only as Commercial Items and (B) with only those rights as are granted to all other users pursuant to the Terms of Service and the applicable license agreement.

Data Retention

In order to provide our services to you, we will retain your information for the duration of your membership in the Zero Session service, and unless you request that we delete your information sooner, for one (1) year thereafter.

Limitation of Liability

In no event shall Zero Session, its officers, directors, employees, partners or suppliers be liable to you or any third party for any special, punitive, incidental, indirect or consequential damages or losses of any kind, or any damages or losses whatsoever, including those resulting from loss of use, data or profits, whether or not foreseeable or if Zero Session has been advised of the possibility of such damages or losses, and on any theory of liability, including breach of contract or warranty, negligence or other tortious action, or any other claim arising out of or in connection with:

  • the access or use of or the inability to access or use the Zero Session service or Zero Session materials;

  • the statements or actions of any third party on or via the site, services or materials;

  • any dealings with vendors or other third parties;

  • any unauthorized access to or alteration of your transmissions, user materials or other data;

  • any information that is sent or received or not sent or received;

  • any failure to store or loss of data, files, materials or other content;

  • any services available that are delayed or interrupted;

  • any web site referenced or linked to from this site; or

  • your access to or use of or inability to access or use any linked site.

Some jurisdictions prohibit the exclusion or limitation of liability for consequential or incidental damages. Accordingly, the limitations and exclusions set forth above may not apply to you.

Governing Law and Jurisdiction

The Zero Session service (excluding linked sites) is controlled by Zero Session LLC from its offices within the state of Kansas, United States of America. By accessing Zero Session, you agree that all matters relating to your access to, or use of, Zero Session shall be governed by the statutes and laws of the State of Kansas, without regard to the conflicts of laws principles thereof. The parties specifically disclaim the U.N. Convention on Contracts for the International Sale of Goods. You also agree and hereby submit to the exclusive personal jurisdiction and venue of the Superior Court of Orleans Parish and the United States District Court of Louisiana with respect to such matters.

General

The Terms of Service and other rules, guidelines, licenses and disclaimers posted via Zero Session or in connection with the Materials and Services constitute the entire agreement between Zero Session and you with respect to your access to or use of the Zero Session service and materials superseding any prior agreements between you and Zero Session on such subject matter (including any prior versions of the Terms of Service). Notwithstanding the foregoing, to the extent that any terms set forth in the Terms of Service expressly contradict any terms of a written agreement between you and Zero Session regarding the use of specific Services or Materials (including Service-specific Terms of Service and Software-specific licenses) (“Executed Agreement”), such contradictory terms set forth in the Executed Agreement shall govern. You may also be subject to additional terms and conditions that may apply when you use other Zero Session services, third party content or third party software. You may not assign or otherwise transfer the Terms of Service nor any right granted hereunder without Zero Session’s prior written consent. If for any reason a court of competent jurisdiction finds any provision of the Terms of Service, or portion thereof, to be unenforceable, that provision shall be enforced to the maximum extent permissible so as to effect the intent of the parties as reflected by that provision, and the remainder of the Terms of Service shall continue in full force and effect. Any failure by Zero Session to enforce or exercise any provision of the Terms of Service or related right shall not constitute a waiver of that right or provision. The section titles used in the Terms of Service are purely for convenience and carry with them no legal or contractual effect.

Questions or Comments?

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© 2020 Zero Session, LLC