Terms of Service

1. User’s Acknowledgment and Acceptance of Terms Year Zero, Inc. (“Us,” “We,” “Year Zero,” or the “Company”) provides the applications, the yearzeroapp.com website, and various related services (collectively, the “Year Zero Platform”, the “Service”) to you, the User, subject to your compliance with all the terms, conditions, and notices contained or referenced herein (the “Terms of Service”, “Terms” or “Agreement”), as well as any other written agreement between us and you. All such guidelines or rules are hereby incorporated by reference into these Terms of Service.

You can only use Year Zero if you are able to (1) form a contract in the jurisdiction you live in (2) comply with our Terms. 

You using Year Zero counts as your agreement to be bound by these Terms. If you don’t want to be bound by these Terms, please stop using the Service immediately. 

Your only remedy for dissatisfaction with the Platform is to stop using the Year Zero Platform immediately. 

Your agreement to these terms is effective as soon as you create an account on the Platform.

In these Terms of Service, we use the terms “you” and “your” to mean any person using our Platform, and any organization or person using the Platform on an organization’s behalf. As used in these Terms of Service, “User(s)” refers to any individual using the Year Zero Platform to view books, make books, or make pages. “Publisher(s)” refers to any individual or business using the Year Zero Platform who has purchased access codes (“Codes”) for their own private distribution. We take no responsibility for the pricing or distribution of Codes by Publishers.

2. Overview of Services Year Zero helps people make and distribute digital yearbooks (“Book”, “Books”). With the Year Zero app, you can find Books made by other people and social clubs, and you can create your own Books.

Books you create can be accessed by you. You can choose to pay Year Zero to generate Codes which can be redeemed to access your Books. After Codes have been generated, you are solely responsible for the distribution and usage of those codes.

Year Zero has no authority over or responsibility for the pricing, refund policy or lack thereof, or distribution method other Users use for Codes generated for their own works. We have no liability of, authority over, or responsibility for any transactions you make with any entity besides Us.

3. Account Information and Security When you register, you provide us with some basic information, such as a phone number or email address. Keep your phone number and other account information current and accurate. You are responsible for anything that happens from your failure to maintain security and confidentiality, such as by sharing your account credentials with others.

4. Vetting of Users Users may be subject to a vetting process before using the Year Zero Platform, including Year Zero contacting the Users directly, or informally through other methods. Although Year Zero may vet Users, it cannot guarantee the accuracy or the identity of any User, entity, or anyone who uses the Year Zero Platform. Accordingly, Year Zero cannot and does not assume any responsibility or liability for improper vetting or failing to vet a User of the Year Zero Platform, the accuracy of any background check or vetting of Users, Clubs, or other Users, nor for the conduct of anyone who uses the Year Zero Platform.

Year Zero recommends that all Users use common sense judgment and precautions when interacting with Users, just like you would in interaction with any other individual whom you don’t know.

5. Guarantee and Warranty Use of the Year Zero Platform is at your sole risk. All materials, information, products, software, programs, and services are provided “as is,” with no warranties or guarantees whatsoever. Year Zero expressly disclaims to the fullest extent permitted by law all express, implied, statutory, and other warranties, guarantees, or representations, including, without limitation, the warranties of merchantability, fitness for a particular purpose, and non-infringement of proprietary and intellectual property rights. Without limitation, Year Zero makes no warranty or guarantee that the Year Zero Platform will be uninterrupted, timely, secure, or error-free. You understand and agree that if you download or otherwise obtain materials, information, products, software, programs, or services, you do so at your own discretion and risk and that you will be solely responsible for any damages that may result, including loss of data or damage to your computer system. Some jurisdictions do not allow the exclusion of warranties, so the above exclusions may not apply to you.

6. Release In the event that you have a dispute with a User or Publisher on the Year Zero Platform, you agree to release Year Zero (including our affiliates and each of our respective officers, directors, employees, agents, shareholders, and suppliers) from claims, demands and damages of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected to such disputes with other Users or to your use of the Year Zero Platform or participation in the Services. Additionally, you expressly waive any rights you may have under California Civil Code Section 1542 (or analogous laws of other states), which says: “A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which, if known by him must have materially affected his settlement with the debtor.” We reserve the right, but have no obligation, to monitor disputes between you and other Users.

7. Limit of Liability Year Zero assumes no liability to any party for any direct, indirect, incidental, special, exemplary or consequential damages of any type whatsoever related to or arising from the Year Zero Platform, the use of the Platform, or anything downloaded from or referenced on the Year Zero Platform. Incidents we are not responsible for include, but aren’t limited to, any lost profits, business interruption, privacy disputes, copyright disputes, lost savings, or loss of data, even if you expressly advise of the chances of such damages. This exclusion and waiver applies to all causes of action, whether they’re based on contract, warranty, tort, or any other legal theories.

8. Agreement to Arbitrate All Disputes and Legal Claims Should a dispute arise between you and Company, we would like to provide you with a neutral and cost-effective means of resolving the dispute quickly. Therefore, for any claim (except for claims for injunctive or equitable relief or claims regarding intellectual property rights) under this Agreement, either party may elect to resolve any dispute arising under this Agreement through binding non-appearance-based arbitration. The party electing arbitration must initiate it through an established alternative dispute resolution (“ADR”) provider mutually agreed upon by the parties. The ADR provider and the parties must comply with the following rules:
(a) the arbitration will be conducted, at the option of the party seeking relief, by telephone, online, or based solely on written submissions;
(b) the arbitration will not involve any personal appearance by the parties or witnesses unless otherwise mutually agreed by the parties; and
(c) any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction.

Any claim or potential claim that cannot be resolved informally shall be submitted to binding arbitration in the state in which the services were performed. The arbitration shall be conducted by the American Arbitration Association under its Commercial Arbitration Rules, or as otherwise mutually agreed by you and we. Any judgment on the award rendered by the arbitrator may be entered in any court having jurisdiction thereof. Claims shall be brought within the time required by applicable law. You and we agree that any claim, action or proceeding arising out of or related to the Agreement must be brought in your individual capacity, and not as a plaintiff or class member in any purported class, collective, or representative proceeding. The arbitrator may not consolidate more than one person’s claims, and may not otherwise preside over any form of a representative, collective, or class proceeding.

You acknowledge and agree that you and Year Zero are each waiving the right to a trial by jury or to participate as a plaintiff or class member in any purported class action or representative proceeding.

9. Choice of Law These Terms are governed by and construed in accordance with the laws of the State of Nevada, United States of America, without giving effect to any conflict of law principles, except as may be otherwise provided in supplemental terms applicable to your region.

10. Termination of Service Year Zero may terminate your privilege to use or access the Year Zero Platform immediately and without notice for any reason whatsoever. Further, you acknowledge that Year Zero reserves the right to take action -- technical, legal or otherwise -- to block, nullify or deny your ability to access the Year Zero Platform. Year Zero may exercise this right at its sole discretion, and this right shall be in addition to and not in substitution for any other rights and remedies available to Year Zero.

11. Platform Content The Year Zero Platform may contain Books, personal collections of media, profiles, forums, bulletin boards and other interactive features (collectively, “Interactive Services”) that allow Users to post, submit, publish, display or transmit to other Users or other persons (hereinafter, “post”) comments, content or other materials (collectively, “User Contributions”) on or through the Year Zero Platform.

If you voluntarily disclose personal information (e.g., User name, email address) on the Year Zero Platform, such as on a Book page, or on any other User or member-generated pages, that information can be viewed in search engines, collected and used by others and may result in unsolicited contact from other parties. We strongly advise that you not post any personal contact information or other sensitive information on the Year Zero Platform unless you understand the risks above.

12. Usage Rights Any User Contribution you post to the Year Zero Platform will be considered non-confidential and non-proprietary. By providing any User Contribution on the Year Zero Platform, you grant us, our service providers, and each of their and our respective licensees, successors and assigns the perpetual right to use, reproduce, modify, perform, display, distribute and otherwise disclose to third parties any such material for any purpose. 

We use the above rights in several ways, including, but not limited to, allowing access to Books and User Contributions you create on multiple devices, and allowing access to User Contributions by Users who redeem Codes you provide.

You agree that you own or control all rights in and to the User Contributions and that you have the right to grant the license granted above to Us, our service providers, and each of their and our respective licensees, successors and assigns.

You understand and acknowledge that you are responsible for any User Contributions you submit or contribute, and you, not the Company, have full responsibility for such content, including its legality, reliability, accuracy and appropriateness. We are not responsible, or liable to any third party, for the content or accuracy of any User Contributions posted by you or any other User of the Site.

We also have the right to:

a) Remove or refuse to post any User Contributions for any or no reason in our sole discretion.
b) Take any action with any User Contribution we deem necessary or appropriate in our sole discretion, including if we believe that such User Contribution violates the Terms of Service, infringes any intellectual property right or other right of any person or entity, threatens the personal safety of Users of the Year Zero Platform or the public or could create liability for the Company.

c) Disclose your identity or other information about you to any third party who claims that material posted by you violates their rights, including their intellectual property rights or their right to privacy.

d) Take appropriate legal action, including without limitation, referral to law enforcement, for any illegal or unauthorized use of the Year Zero Platform.

e) Terminate or suspend your access to all or part of the Year Zero Platform for any or no reason, including without limitation, any violation of these Terms of Service.

Without limiting the above, we have the right to fully cooperate with any law enforcement authorities or court order requesting or directing us to disclose the identity or other information related to anyone posting any materials on or through the Year Zero Platform. You waive and hold harmless the Company and its affiliates, agents, licensees and service providers from any claims resulting from any action taken by any of the foregoing parties during or as a result of its investigations and from any actions taken as a consequence of investigations by either the company/such parties or law enforcement authorities.

13. User Contribution Standards We cannot and do not review all material before it is posted on the Year Zero Platform, and cannot ensure prompt removal of objectionable material after it has been posted. Accordingly, we assume no liability for any action or inaction regarding transmissions, communications or content provided by any User or third party. We have no liability or responsibility to anyone for performance or nonperformance of the activities described in this section.

These content standards apply to all User Contributions and use of Interactive Services. User Contributions must comply with all applicable federal, state, local and international laws and regulations. Without limiting the above, User Contributions must not:

a) Contain any material which is defamatory, obscene, indecent, abusive, offensive, harassing, violent, hateful, inflammatory or otherwise objectionable.

b) Promote sexually explicit or pornographic material, violence, or discrimination based on race, sex, religion, nationality, disability, sexual orientation or age.

c) Infringe any patent, trademark, trade secret, copyright or other intellectual property or other rights of any other person.

d) Violate the legal rights (including the rights of publicity and privacy) of others or contain any material that could give rise to any civil or criminal liability under applicable laws or regulations or that otherwise may be in conflict with these Terms of Service and our Privacy Policy (http:/ludis.co/privacy/).

e) Be likely to deceive any person.

f) Promote any illegal activity, or advocate, promote or assist any unlawful act.

g) Cause annoyance, inconvenience or needless anxiety or be likely to upset, harass, embarrass, alarm or annoy any other person.

h) Impersonate any person, or misrepresent your identity or affiliation with any person or organization.

i) Promote commercial activities or sales, such as contests, sweepstakes and other sales promotions, barter or advertising.

j) Give the impression that they emanate from or are endorsed by Us or any other person or entity, if that is not the case.

14. Intellectual Property All materials contained on the Year Zero Platform, including, but not limited to, audio, video, images, text, User interface, scores, logos, the selection and arrangement of the Year Zero Platform and other intellectual property (the “Content”) are owned by or licensed to Year Zero to the fullest extent under the copyright laws of the United States and other countries. Images of people or places displayed on the Year Zero Platform are either the property of, or used with permission by, Year Zero. You may not reproduce, republish, transmit, upload, distribute, copy or publicly display any materials or User Contributions you did not make without our prior written consent. We neither warrant nor represent that your use of materials displayed on the Year Zero Platform will not infringe rights of third parties not owned by or affiliated with the Company. We may redesign the Year Zero Platform in our sole discretion at any time.

15. Restrictions on Use You may not use the Year Zero Platform or contents set forth therein for any illegal purpose or in any manner inconsistent with the Terms of Service. You agree to use the service solely for your own use and benefit, and not for resale or other transfer or disposition to, or use by or for the benefit of, any other person or entity. You agree not to use, transfer, distribute, or dispose of any information contained in the service in any manner that could compete with the business of Company. You may not copy, reproduce, recompile, disassemble, decompile, reverse engineer, distribute, modify, publish, display, perform, upload to, create derivative works from, frame transmit, or in any way exploit any part of the service, you may not recirculate, redistribute or publish the analysis and presentation included in the service without Company’s prior written consent.

Modification of Company’s content is a violation of the copyrights and other proprietary rights of Company or its subsidiaries. Additionally, you may not monetize or offer any part of the service for sale or distribute it over any other medium including but not limited to a computer network or hyperlink framing on the internet without the prior written consent of Company. The Year Zero Platform and the information contained therein may not be used to construct a database of any kind. The Year Zero Platform and content contained therein may not be stored (in its entirety or in any part) in databases for access by you or any third party or to distribute.

Without an agreement signed by a member of the Year Zero board of directors, you may not use any of the trademarks, trade names, service marks, copyrights, or logos of Company or its subsidiaries suppliers or affiliates in any manner which creates the impression that such items belong to or are associated with you or, except as otherwise provided herein, are used with Company’s consent, and you acknowledge that you have no ownership rights in and to any of such items. You will not use the service or the information contained on it in unsolicited mailings or spam material. You will not use any trademarks, trade names, service marks, copyrights, or logos of Company or its subsidiaries in unsolicited mailings or spam material. You will not spam or send unsolicited mailings to any person or entity using the service.

16. No Agency No agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship between you and Year Zero is intended or created by this Agreement. A User is not Year Zero’s representative or agent, and may not enter into an agreement on Year Zero’s behalf.

17. Digital Millennium Copyright Act We comply with the provisions of the Digital Millennium Copyright Act applicable to internet service providers (17 U.S.C. §512, as amended). If you have an intellectual property rights-related complaint about material posted on the Year Zero Platform, you may contact our Designated Agent at the following address:

2880 Bicentennial Pkwy
Ste 100 PMB 110
Henderson NV 89044
United States

Any notice alleging that materials hosted by or distributed through the Year Zero Platform infringe intellectual property rights must include the following information: 

a) An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other right being infringed; 

b) A description of the copyright-protected work or other intellectual property right that you claim has been infringed; 

c) A description of the material that you claim is infringing and where it is located on the Service; 

d) Your address, telephone number, and email address; 

e) A statement by you that you have a good faith belief that the use of those materials on the Service is not authorized by the copyright owner, its agent, or the law; and 

f) A statement by you that the above information in your notice is accurate and that, under penalty of perjury, you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner's behalf.

Year Zero will promptly terminate without notice the accounts of Users that are determined by Year Zero to be “Repeat Infringers.” A Repeat Infringer is a User who has been notified of infringing activity or has had User content removed from the Year Zero Platform at least twice.

18. General Data Protection Regulation We comply with the provisions of the European Union’s General Data Protection Regulation (EU GDPR) (required by Art. 14 GDPR). Our Data Controller, the person who determines what personal data we collect and for what purpose, has the following contact details.

Nathan Day
nate@yearzeroapp.com
2880 Bicentennial Pkwy
Ste 100 PMB 110
Henderson NV 89044
United States

19. Links to Other Sites and Materials As part of using the Year Zero Platform, Company may provide you with links to third party website(s) (“Third Party Sites”) as well as content or items belonging to or originating from third parties (the “Third Party Applications, Software or Content”). We are not responsible for any Third Party Sites accessed through the Year Zero Platform or any Third Party Applications, Software, or Content posted on, available through or installed from the Year Zero Platform. If you decide to leave the Year Zero Platform and access the Third Party Sites or to use or install any Third Party Applications, Software or, Content, you do so at your own risk and you should be aware that our terms and policies no longer govern.

20. Privacy Year Zero’s current privacy policy is available on the Year Zero Platform and at our website (http:/ludis.co/privacy/) (the “Privacy Policy”), which is incorporated by this reference. In accordance with the Privacy Policy, we may collect information about the location of your device each time you use the Year Zero Platform, or when you otherwise consent to the collection of this information. We strongly recommend that you review the Privacy Policy closely.

21. Electronic Communications For contractual purposes, you (a) consent to receive communications from Us in an electronic form; and (b) agree that all terms and conditions, agreements, notices, disclosures, and other communications that Company provides to you electronically satisfy any legal requirement that such communications would satisfy if it were in writing.

22. Notice Communications made through the Service’s messaging system or via email, will not constitute legal notice to Company or any of its officers, employees, agents or representatives in any situation where notice to Company is required by contract or any law or regulation.

Any such notice must be sent to:

Year Zero Inc.
2880 Bicentennial Pkwy
Ste 100 PMB 110
Henderson NV 89044
United States

23. Changes and Amendments to Terms These Terms of Service are effective as of the “Last Modified” date identified at the top of this page. We reserve the right to change these Terms of Service from time to time without notice to you. You acknowledge and agree that you’re responsible for reviewing these Terms of Service from time to time. Your continued use of the Year Zero Platform after such changes will constitute acknowledgement of the modified Terms and your agreement to abide by and be bound by the modified Terms. However, for any material modifications to the Terms of Service or in the event that such modifications materially alter your rights or obligations hereunder, such amended Terms of Service will automatically be effective upon the earlier of (i) your continued use of the Year Zero Platform with actual knowledge of such modifications, or (ii) 30 days from publication of such modified Terms of Service on the Year Zero Platform. Notwithstanding the foregoing, the resolution of any dispute that arises between you and us will be governed by the Terms of Service in effect at the time such dispute arose.

24. General Terms If any part of this Agreement is held invalid or unenforceable, that portion of the Agreement will be construed consistent with applicable law. The remaining portions will remain in full force and effect. Any failure on the part of Company to enforce any provision of this Agreement will not be considered a waiver of our right to enforce such provision. Our rights under this Agreement will survive any termination of this Agreement.

Company may assign or delegate these Terms of Service and/or Company’s Privacy Policy, in whole or in part, to any person or entity at any time with or without your consent, including, but not limited, to a subsidiary or an acquirer of assets. You may not assign or delegate any rights or obligations under the Terms of Service or Privacy Policy without Company’s prior written consent.

You acknowledge that you have read these Terms, understand the Terms of Service, and will be bound by these Terms. You further acknowledge that these Terms together with the Privacy Policy represent the complete and exclusive statement of the agreement between us and that it supersedes any proposal or prior agreement or communication, oral or written, between us relating to the subject matter of this agreement.