Welcome to Zirema, a premier digital platform dedicated to bringing a vast and diverse world of books directly to you. Zirema ("we," "us," or "our") provides its services (referred to hereafter as the "Service") subject to the following Terms of Use ("Terms").
These Terms govern your access to and use of Zirema's website, mobile application, and any related services provided. By accessing or using the Service, you confirm that you have read, understood, and agreed to be bound by these Terms, which form a legally binding contract between you and Zirema. If you do not agree to these Terms, you must not access or use the Service.
Zirema is owned and operated by Zirema, a company duly organized under the laws of Luxembourg, with its registered office located in Luxembourg.
The Service we offer allows users to explore, discover, and enjoy a wide range of audiobooks across various genres and languages. These Terms are designed to ensure a positive, respectful, and lawful environment for all users and to protect both your rights and ours.
We reserve the right to change or modify these Terms at any time and in our sole discretion. If we make changes to these Terms, we will provide notice of such changes, such as by sending an email notification, providing notice through the Service, or updating the "Last Updated" date at the top of these Terms. By continuing to access or use the Service after we have posted a modification or have provided you with notice of a modification, you are indicating that you agree to be bound by the modified Terms. Therefore, you should review these Terms regularly to ensure you are updated as to any changes.
Thank you for choosing Zirema. We hope you find your next favorite story with us.
Consent to the Terms:
By accessing, browsing, or otherwise using the Zirema platform, you acknowledge that you have read, understood, and agree to be bound by these Terms of Use. This agreement encompasses all users of Zirema, including but not limited to visitors, registered users, and those merely browsing the site or using the mobile application. Your use of the Service constitutes a legally binding contract between you, the user, and Zirema under these Terms. If you do not agree with any part of these Terms, you are expressly prohibited from using the Service and are advised to discontinue any use of the Service immediately.
It is your responsibility to review these Terms periodically. Zirema reserves the right, at its discretion, to modify, alter, or otherwise update these Terms at any time. By using the Service after the posting of any changes to these Terms, you accept those changes, whether or not you have reviewed them. Any such modifications will be effective immediately upon being posted, unless otherwise stated.
Your continued use of the Zirema Service after any such changes constitutes your acceptance of the new Terms. Should you have any questions regarding these Terms, please contact us directly. We are committed to providing an enjoyable and rewarding experience for all users and appreciate your adherence to these Terms.
Eligibility:
To use the Zirema service, you must meet certain eligibility criteria. The Service is not available to individuals under the age of 13. By using Zirema, you represent and warrant that you are at least 13 years old. If you are between the ages of 13 and 18 (or the age of legal majority in your jurisdiction), you affirm that you possess legal parental or guardian consent to use the Service. Additionally, you must affirm that you have the legal capacity to enter into these Terms of Use and to comply with them. Any use or access to the Service by individuals under the age of 13, or those who do not meet these eligibility requirements, is unauthorized, unlicensed, and in violation of these Terms.
License to Use:
Subject to your compliance with these Terms, Zirema grants you a limited, non-exclusive, non-transferable, revocable license to access and use the Service for your personal, non-commercial purposes. This license does not include any resale or commercial use of any Zirema service or its contents; any collection and use of any product listings, descriptions, or prices; any derivative use of any Zirema service or its contents; any downloading, copying, or other use of account information for the benefit of any third party; or any use of data mining, robots, or similar data gathering and extraction tools.
Restrictions:
In using the Zirema Service, you agree not to:
This section of the Terms of Use is designed to ensure that the use of Zirema's Service is safe, lawful, and respects the rights of all users and third parties. Violation of these terms may result in termination of your account and access to the Service, legal action, and/or reporting to authorities as deemed appropriate by Zirema.
Account Creation:
To fully access and enjoy Zirema's services, users may be required to create an account. When creating your account, you agree to provide true, accurate, current, and complete information about yourself as prompted by our registration forms. It is crucial to maintain and promptly update your registration data to keep it true, accurate, current, and complete. If we believe the information is not true, accurate, current, or complete, we have the right to suspend or terminate your account and refuse any and all current or future use of the Service (or any portion thereof).
Security:
You are responsible for maintaining the confidentiality of your account and password, including but not limited to the restriction of access to your computer and/or account. You agree to accept responsibility for any and all activities or actions that occur under your account and/or password, whether your password is with our Service or a third-party service. You must notify us immediately upon becoming aware of any breach of security or unauthorized use of your account.
You should use particular caution when accessing your account from a public or shared computer so that others are not able to view or record your password or other personal information. Zirema advises users to choose a strong password that is difficult for others to guess and to never share your password with anyone.
Termination:
Zirema may terminate or suspend your account and bar access to the Service immediately, without prior notice or liability, under our sole discretion, for any reason whatsoever and without limitation, including but not limited to a breach of the Terms. If you wish to terminate your account, you may simply discontinue using the Service or may follow the instructions on the Service that allow users to delete their accounts.
Upon termination, your right to use the Service will cease immediately. If your account is terminated, Zirema reserves the right to remove or delete any data associated with your account, including any content or information uploaded by you.
It is important to understand that certain obligations under these Terms, such as your responsibility for any outstanding payments or the provisions regarding ownership of intellectual property, indemnification, and limitations of liability, will survive the termination of your account and/or these Terms.
Zirema is committed to ensuring a respectful and lawful user environment. Users are encouraged to report any suspected violations of these Terms to Zirema for investigation and appropriate action.
Ownership:
Zirema, its licensors, or other third-party owners retain full and complete title to the software, services, and all intellectual property rights therein, including but not limited to any images, photographs, animations, video, audio, music, text, and "applets" incorporated into the software, as well as all data and information generated and provided by the software. All content included on the Service, such as text, graphics, logos, images, as well as the compilation thereof, and any software used on the Service, is the property of Zirema or its suppliers and protected by copyright and other laws that protect intellectual property and proprietary rights. You agree to observe and abide by all copyright and trademark notices, legends, or other restrictions contained in any such content and will not make any changes thereto.
You acknowledge that all intellectual property rights in the Service and its content, and any modifications, adaptations, or translations thereof, are owned by Zirema or its licensors and are protected by applicable intellectual property laws. Except as expressly authorized by Zirema or its licensors, you may not make use of the material on the Service for any purpose.
User Content:
Users of the Zirema Service may have the ability to post, upload, or otherwise submit content and material, including but not limited to text, photos, images, and comments (collectively, "User Content"). By submitting User Content on or through the Service, you grant Zirema a worldwide, non-exclusive, royalty-free, perpetual, irrevocable, and fully sublicensable license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform, and display such User Content throughout the world in any media. You grant Zirema and its sublicensees the right to use the name that you submit in connection with such content if they choose.
You represent and warrant that you own or otherwise control all of the rights to the User Content that you post; that the content is accurate; that use of the content you supply does not violate these Terms of Use and will not cause injury to any person or entity; and that you will indemnify Zirema or its affiliates for all claims resulting from content you supply. Zirema has the right but not the obligation to monitor and edit or remove any activity or content. Zirema takes no responsibility and assumes no liability for any content posted by you or any third party.
Furthermore, you acknowledge that by providing you with the ability to view and distribute user-generated content on the Service, Zirema is merely acting as a passive conduit for such distribution and is not undertaking any obligation or liability relating to any contents or activities on the Service.
This section is designed to clarify the ownership and rights related to intellectual property and user contributions, ensuring that users understand their rights and responsibilities when engaging with the Service and contributing content.
No Warranties:
THE ZIREMA SERVICE AND ALL INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE), AND OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE SERVICE ARE PROVIDED BY ZIREMA ON AN "AS IS" AND "AS AVAILABLE" BASIS, UNLESS OTHERWISE SPECIFIED IN WRITING. ZIREMA MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE SERVICE OR THE INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE), OR OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE SERVICE, UNLESS OTHERWISE SPECIFIED IN WRITING. YOU EXPRESSLY AGREE THAT YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK.
To the full extent permissible by applicable law, Zirema disclaims all warranties, express or implied, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose. Zirema does not warrant that the Service, information, content, materials, products (including software), or other services included on or otherwise made available to you through the Service, Zirema's servers, or electronic communications sent from Zirema are free of viruses or other harmful components.
Limitation of Liability:
TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, ZIREMA WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF ANY ZIREMA SERVICE OR FROM ANY INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE), OR OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH ANY ZIREMA SERVICE, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES, UNLESS OTHERWISE SPECIFIED IN WRITING.
UNDER NO CIRCUMSTANCES SHALL ZIREMA, ITS DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, AGENTS, CONTRACTORS, INTERNS, SUPPLIERS, SERVICE PROVIDERS, OR LICENSORS BE LIABLE FOR ANY INJURY, LOSS, CLAIM, OR ANY DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND, INCLUDING, WITHOUT LIMITATION, LOST PROFITS, LOST REVENUE, LOST SAVINGS, LOSS OF DATA, REPLACEMENT COSTS, OR ANY SIMILAR DAMAGES, WHETHER BASED IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHERWISE, ARISING FROM YOUR USE OF ANY OF THE SERVICE OR ANY PRODUCTS PROCURED USING THE SERVICE, OR FOR ANY OTHER CLAIM RELATED IN ANY WAY TO YOUR USE OF THE SERVICE OR ANY PRODUCT, INCLUDING, BUT NOT LIMITED TO, ANY ERRORS OR OMISSIONS IN ANY CONTENT, OR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF THE SERVICE OR ANY CONTENT (OR PRODUCT) POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SERVICE, EVEN IF ADVISED OF THEIR POSSIBILITY.
This section does not affect any warranties which cannot be excluded or limited under applicable law. The disclaimers and limitations of liability set forth above are fundamental elements of the basis of the agreement between Zirema and you.
Indemnity Clause:
You agree to indemnify, defend, and hold harmless Zirema, its parent company, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns, and employees, from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of these Terms of Use or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.
Your indemnification obligation includes, but is not limited to, any scenarios where your actions on or through the Zirema Service cause Zirema to be liable for another's actions, any breach of the warranties or agreements made by you herein, and any claim of libel, defamation, violation of rights of privacy or publicity, loss of service by other users, and the infringement of intellectual property or other rights.
This indemnification obligation will survive the termination or expiration of these Terms and your use of the Service. Zirema reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will cooperate with Zirema in asserting any available defenses.
This section aims to protect Zirema and its associated parties from legal harm that might arise from users’ misuse of the Service, violation of the Terms, or infringement on the rights of others. It is a standard clause in Terms of Use agreements, ensuring that the company can recover costs associated with legal claims or disputes that are not the company's fault but arise from users' actions.
Governing Law:
These Terms of Use and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of Luxembourg. By agreeing to these Terms of Use, you acknowledge that you are accessing and using the Service from Luxembourg, and you agree that any dispute of any sort that might arise between you and Zirema shall be governed by the laws of Luxembourg, without regard to principles of conflict of laws.
Arbitration Agreement:
To the extent permitted by the laws of Luxembourg, Zirema and you agree to submit any disputes arising from the use of these Terms of Use or the Service, including disputes arising from or concerning their interpretation, violation, invalidity, non-performance, or termination, to final and binding arbitration under the Luxembourg Chamber of Commerce's Rules of Arbitration. The arbitration will be conducted in Luxembourg, in the English language, and the arbitral decision may be enforced in any court. The prevailing party in any action or proceeding to enforce these Terms of Use shall be entitled to costs and attorneys' fees.
Limitation on Class Actions and Jury Trials:
To the fullest extent permitted by law, you and Zirema agree that each may bring claims against the other only in your or its individual capacity, and not as a plaintiff or class member in any purported class or representative proceeding. Further, unless both you and Zirema agree otherwise, the court may not consolidate more than one person's claims, and may not otherwise preside over any form of a representative or class proceeding.
Waiver of Jury Trial:
Both you and Zirema hereby waive the right to a trial by jury. This waiver will apply to any and all disputes that might arise out of or relate to these Terms of Use or the Service.
Amendments:
Zirema reserves the right, at our sole discretion, to modify or replace these Terms of Use at any time. When we do, we will post a notification on the main page of our website, send you an email, or provide other means of notification as appropriate. What constitutes a material change will be determined at our sole discretion. By continuing to access or use our Service after those revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, please stop using the Service.
Severability:
If any provision of these Terms of Use is held to be invalid, illegal, or unenforceable for any reason by any court of competent jurisdiction, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms will continue in full force and effect. The failure of Zirema to exercise or enforce any right or provision of these Terms of Use shall not constitute a waiver of such right or provision.
Entire Agreement:
These Terms of Use and any policies or operating rules posted by us on the Service or in respect to the Service constitute the entire agreement and understanding between you and Zirema. These Terms govern your use of the Service, superseding any prior or contemporaneous agreements, communications, and proposals, whether oral or written, between you and Zirema (including, but not limited to, any prior versions of the Terms of Use).
Governing Language:
In the event of any inconsistency between the English version and any translation of these Terms of Use, the English version shall prevail.
If you have any questions or concerns regarding these Terms of Use, or if you need further assistance with respect to our Service, please contact Zirema using the following details:
Zirema Customer Support:
Email: support@zirema.com
Phone: +352 691 192 922
Our dedicated team is available to provide support and answer any queries you might have about our service, including questions related to the Terms of Use, privacy practices, or any other aspect of your experience with Zirema. We aim to respond to all inquiries promptly to ensure your satisfaction and continued enjoyment of our service.
For further information, updates, or to request support directly through our website, please visit the "Contact Us" section.