This website and/or its mobile applications (“Website“) is owned and operated by Zola, Inc. (hereafter, “Zola“), with participation by various vendors offering goods and services via the Website. These terms of use (“Terms of Use“), located at http://www.zola.com/terms, apply to your use of this Website and any account you may establish on the Website. Your use of the Website is conditioned upon your acceptance of these Terms of Use. Your continued use of this Website constitutes your agreement to these Terms of Use. If you do not wish to be bound by these Terms of Use, please do not use this Website. We may update these Terms of Use from time to time in our sole discretion, and post an updated version of the notice at the URL provided above.

Your Information and Website Content

You represent that all of the information, data and other materials you provide on this Website or to Zola through any other means are true, accurate, current and complete. You are responsible for updating and correcting the information you have provided, as appropriate. Some features that may be available on this Website require registration. By registering, you agree to provide true, accurate, current and complete information about yourself.

All content that you see or read on the Website (including, without limitation, text, design, graphics, logos, icons, images, audio clips, downloads, interfaces, code and software, as well as the selection and arrangement thereof) (“Content“) is the exclusive property of Zola and its licensors and partners and is protected by copyright, trademark and other applicable laws. Without Zola’s prior written consent, you may not sell, reproduce, distribute, modify, display, publicly perform, prepare derivative works based on, repost or otherwise use any of our Content in any way for any purpose, including using our Content on any other website. However, you may print pages from this Website for personal, non-commercial use, provided that you include a copyright notice on each page.

Privacy Policy

Your use of the Website is further conditioned upon your acceptance of our privacy policy (“Privacy Policy“). Your continued use of this Website constitutes your agreement to the Privacy Policy. A copy of the Privacy Policy that applies to the collection, use, disclosure and other processing of personal information on this Website is located at http://www.zola.com/privacy. You consent to any personal information we obtain about you (either via this Website, by email, telephone or any other means) being collected, stored and otherwise processed in accordance with the terms of our Privacy Policy. We may update the Privacy Policy from time to time in our sole discretion, and post an updated version of the notice at the URL provided above. The Privacy Policy is hereby incorporated herein by reference.

Use of Website

Zola grants to you a limited license to access and make personal use of this Website. Zola or its licensors or content providers retain full and complete title to the Content available on the Website, including all associated intellectual property rights, and provide this Content to you under a license that is revocable at any time in Zola’s sole discretion. Zola strictly prohibits any use of the Content available through the Website, including but not limited to: (i) any downloading, copying or other use of the Content or the Website for purposes competitive to Zola or for the benefit of another vendor or any third party; (ii) any caching, unauthorized linking to the Website or the framing of any Content available on the Website; (iii) any modification, distribution, transmission, performance, broadcast, publication, uploading, licensing, reverse engineering, transfer or sale of, or the creation of derivative works from, any Content, products or services obtained from the Website that you do not have a right to make available (such as the intellectual property of another party); (iv) any uploading, posting or transmitting of any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer; (v) using any hardware or software intended to surreptitiously intercept or otherwise obtain any information (such as system data or personal information) from the Website (including, but not limited to the use of any “scraping“ or other data mining techniques, robots or similar data gathering and extraction tools); or (vi) any action that imposes or may impose (in Zola’s sole discretion) an unreasonable or disproportionately large load on Zola’s infrastructure, or damage or interfere with the proper working of our infrastructure.

You are responsible for obtaining access to the Website, and that access may involve third-party fees (such as Internet service provider or airtime charges). In addition, you must provide and are responsible for all equipment necessary to access the Website. You may not bypass any measures that have been implemented to prevent or restrict access to this Website. Any unauthorized access to the Website by you (including any such access or use that involves in any way an account you may establish on the Website or any device you may use to access the Website) shall terminate the permission or license granted to you by Zola.

Zola reserves the right to refuse or cancel any registration for this Website, remove any person from the Website and prohibit any person from using the Website for any reason whatsoever, and to limit or terminate your access to or use of the Website at any time without notice. Zola neither warrants nor represents that your use of the Content available on this Website will not infringe rights of third parties not affiliated with Zola. Termination of your access or use will not waive or affect any other right or relief to which Zola may be entitled, at law or in equity.

Registration on the Website

Registration requires you to (1) indicate agreement to these Terms of Use, (2) provide contact information and identification details, and (3) submit any other form of authentication required as part of the registration process, in Zola’s sole discretion. You agree to accept responsibility for all activities that occur under your account or password. You are responsible for maintaining the confidentiality of your account and password, and for restricting access to your account. You will notify Zola immediately of any unauthorized use of your Zola account or the Website known to you, whether by you or a third party.

You may cancel your Zola account at any time by contacting Zola customer support. Zola may terminate your account and refuse any and all current or future use of the Website or other services, or any portion thereof, (i) in order to comply with applicable Law, (ii) if you provide any information that Zola determines, in its sole discretion, to be untrue, inaccurate, not current or incomplete (or if the information becomes untrue, inaccurate, not current or incomplete), (iii) if Zola determines, in its sole discretion, that you are using your Zola account in a manner not permitted by these Terms of Use, or (4) in other circumstances, as Zola deems appropriate in its sole discretion.

Purchases

If you purchase a gift at Zola for a registered wedding party, you are purchasing a Zola Stored Value in the amount of the purchase price of the item selected plus any applicable taxes, handling and shipping charges. The gift recipient uses that Zola Stored Value to purchase the item you selected from Zola at the date the recipient designates for shipment of the item. Zola will honor the Zola Stored Value for the item you have selected as payment in full no matter the price of the item at the time of shipping. So, for example, if you select a set of dishes costing $69.95 including all taxes and charges, when the wedding party recipient selects a shipping date the set of dishes is then purchased for $69.95 and shipped no matter what the cost of the item is at that time. The registered wedding party will not be charged more for that item if the price has increased.

The registered wedding party may elect to retain your gift as a Zola Stored Value in the amount you paid. They may use that Zola Stored Value to purchase other items at Zola. Unredeemed Zola Stored Value may be escheated in accordance with applicable state law.

Zola Stored Value never expires and can be used for any physical product or experience that Zola sells. Zola Stored Value cannot be redeemed for cash or be applied towards items purchased from another website, cash gifts or Honeymoon Funds. In addition, Zola Stored Value cannot be retroactively applied to past orders.

From time to time Zola may make available promotional codes or coupons for marketing, goodwill, referrals or other promotional purposes. These codes or coupons expire on the dates disclosed at the time the code or coupon is issued.

Zola may, in its sole discretion, choose to not process or to cancel your order in certain circumstances. This may occur, for example, when the product or service you wish to purchase is out of stock or has been mispriced, we suspect the request is fraudulent, or in other circumstances Zola deems appropriate in its sole discretion. Zola also reserves the right, in its sole discretion, to take steps to verify your identity to process your order. Zola will either not charge you or refund the charges for orders that we do not process or cancel.

Zola accepts returns on certain merchandise on a case-by-case basis. For Zola's Return Policy, which may change from time to time, please see https://www.zola.com/returns.

Zola attempts to provide accurate descriptions of products and services on the Website. Zola does not warrant, however, that the descriptions are accurate, complete, reliable, current or error-free. If a product or service offered on the Website is not as described, your sole remedy is to return the item, as specified in these Terms of Use.

Zola strives to provide accurate pricing information regarding the products and services available on the Website. We cannot, however, insure against pricing errors. Zola reserves the right, at its sole discretion, to not process or to cancel any orders placed for a product or service whose price was incorrectly posted on the Website as a result of an error. If this occurs, Zola will notify you by email. In addition, Zola reserves the right, at its sole discretion, to correct any error in the stated full retail price.

Zola offers free ground shipping on most orders. Free shipping is not available on some items, such as furniture, that have a delivery surcharge due to the size, weight or special handling necessary to make sure your order arrives safely. Click https://www.zola.com/shipping for our policy regarding shipping.

Click https://www.zola.com/returns for our policy regarding returns.

You must be at least 21 years of age to purchase alcoholic beverages. In addition, due to state restrictions and our merchants’ licenses, alcoholic beverages may not always be shipped to all states in the U.S. or outside the U.S. Please refer to the sale page or product detail page on the Website for information on what states are permitted for specific items. If you provide a shipping address that is not in one of these states, Zola will not process your order. We will not ship alcoholic beverages outside the U.S. Quantity limits may apply in some states. Your order may be reduced or held to comply with state restrictions. Taxes collected are collected on behalf of the seller of record.

Your Submissions

Any creative or original materials or any other creative suggestions, text, software, music, sound, photographs, graphics, videos, messages, ideas, notes, drawings, concepts, marketing plans or other information that you submit to us by electronic mail or otherwise, will be treated in accordance with these Terms of Use and our Privacy Policy.

By submitting and/or posting Content to the Website, you automatically grant to Zola a royalty-free, perpetual, irrevocable, non-exclusive and fully sublicensable right and license to use, reproduce, modify, adapt, publish, edit, translate, distribute, perform, create derivative work of and display such Content alone, or as a part of other works in any form, media, or technology, whether now known or hereafter developed. Any Content you transmit or post may be used by Zola or licensed to others by Zola for any purpose, including but not limited to reproduction, disclosure, transmission, publication, broadcast and posting.

As a user, you are responsible for your own Content and are responsible for the consequences of your posting such Content. You acknowledge that you are responsible for any content you may submit through the Website, including the legality, reliability, appropriateness, originality and copyright of any such content. You may not upload to, distribute or otherwise publish through this Website any content that: (i) is copyrighted, unless you are the copyright owner or have the permission of the copyright owner to post it; (ii) is obscene, sexually-explicit, defamatory, threatening, harassing, abusive, hateful, or embarrassing to another user or any other person or entity; (iii) is confidential, proprietary, invasive of privacy or publicity rights, infringing on intellectual property rights, unlawful, harmful, threatening, false, fraudulent, libelous, defamatory, obscene, vulgar, profane, abusive, harassing, hateful, racially, ethnically or otherwise objectionable, including, but not limited to any content that encourages conduct that would constitute a criminal offense, violates the rights of any party or otherwise gives rise to civil liability or otherwise violates any applicable U.S. of foreign laws; (iv) may contain software viruses or malware; (v) is an advertisement, solicitation, promotional material, "junk mail," "spam," chain letters, pyramid schemes or any form of commercial content; (vi) impersonates another person or misrepresents your affiliation with any person or organization; (vii) contains personal information (such as phone numbers, Social Security numbers, payment card numbers, account numbers, addresses or employer references), except where we expressly ask you to provide such information; (viii) contains messages that offer unauthorized downloads of any copyrighted, confidential or private information; or (ix) contains identical (or substantially similar) messages to multiple recipients advertising any product or service, expressing a political or other similar message, or any other type of unsolicited commercial message; this prohibition includes but is not limited to (a) using the invitation functionality that may be available on the Website to send messages to people who do not know you or who are unlikely to recognize you as a known contact; (b) using the Website to connect to people who do not know you and then sending unsolicited promotional messages to those direct connections without their permission; or (c) sending messages to distribution lists, newsgroup aliases or group aliases. Furthermore, you will not access the Website to obtain a list of users of the Website or access or use any secure or non-public areas of the Website without authorization or frame or link to the Website. Zola does not represent or guarantee the truthfulness, accuracy, or reliability of any Content posted by other users or endorse any opinions expressed by users. You may not use a false email address or other identifying information, impersonate any person or entity or otherwise mislead as to the origin of any Content. You acknowledge that any reliance on material posted by other users will be at your own risk. Zola does not screen communications in advance and is not responsible for screening or monitoring material posted by users. Zola reserves the right to remove Content, expel users and prevent their further access to the Website for violating these Terms of Use or the law.

Zola Weddings

In addition to the Zola Registry, if you have registered an account at Zola.com you may have access to Zola Weddings for your personal, non-commercial use. You may register for Zola Weddings separately without including Zola Registry. Use of Zola Weddings for commercial purposes is strictly prohibited. This free service allows you to create and manage your Guest List, create a personalized website at Zola.com and create and manage a Checklist of things to do. Access to your Zola Weddings account is restricted; you must create and use a user name and password in order to obtain access. Information you upload to any Zola Weddings feature is not encrypted or otherwise secured.

Using the Guest List feature you can upload contact information for your wedding guests, including name, address, email and telephone number for each guest. You can request that Zola send guests that you select an email requesting that the guest send you his or her contact information or reminding the guest or your upcoming nuptials; Zola will be the sender of the email which will identify you as requesting the contact information. You select the recipients and determine when to send the email but you cannot edit the email text. You can also request that Zola send guests that you select an email with a short message that you compose. The email will identify that it is coming from you; Zola will be the sender of the email. The Guest List feature also allows you to track the RSVPs from each guest. By using this feature and uploading guest information you represent and warrant that you have the permission of that individual to provide the information to Zola and that Zola has permission to send emails to the individual on your behalf at your request. Email messages you compose may be limited in size by Zola and shall not contain any content that is commercial in nature or that violates these Terms.

Using the Checklist feature you can create a personalized checklist of things to do. You have access to template checklists prepared by Zola.

Zola Weddings allows you to create a personalized website hosted by Zola for your personal, non-commercial use. Each such website will have a unique identification address. Access to such website can be restricted to those using a password you select. You can select a website design and upload Content, such as images and text, consistent with these Terms, but you do not control the operation of the website, the design or the source code, which remains the sole property of Zola and/or its licensees. Zola may limit the space available for Content you upload. The website permits posting links to video or audio files stored on other services but does not permit uploading video or audio files. No advertising or links to advertising are permitted. Content you post on the personalized website is owned by you and you are solely responsible for complying with these Terms in connection with such Content and any consequences arising out of your posting such Content. See Your Submissions [link]. You are solely responsible for compliance with all laws and regulations in connection with your personalized website. In addition, you are solely responsible for the use of your personalized website by visitors to such website and any conduct or activities of such visitors. Zola is not responsible for the security of your personalized website or the information posted thereon. Availability and use of your personalized website is subject to all the Terms, including without limitation the limitations of liability, disclaimers of warranty and indemnity provisions.

Disclaimer

EXCEPT AS OTHERWISE EXPRESSLY PROVIDED IN THESE TERMS OF USE, OR REQUIRED BY APPLICABLE LAW, ZOLA MAKES NO REPRESENTATIONS, COVENANTS OR WARRANTIES AND OFFERS NO OTHER CONDITIONS, EXPRESS OR IMPLIED, REGARDING ANY INFORMATION, DATA, OR DATA PROCESSING SERVICES RELATING TO YOUR USE OF THIS SITE, INCLUDING, WITHOUT LIMITATION, MERCHANTABILITY, SUITABILITY, FITNESS FOR A PARTICULAR USE OR PURPOSE, OR NON-INFRINGEMENT AS WELL AS WARRANTIES IMPLIED FROM A COURSE OF PERFORMANCE OR COURSE OF DEALING.

YOUR USE OF THIS WEBSITE IS AT YOUR SOLE RISK. THE WEBSITE IS PROVIDED ON AN “AS IS“ AND “AS AVAILABLE“ BASIS. WE RESERVE THE RIGHT TO RESTRICT OR TERMINATE YOUR ACCESS TO THE WEBSITE OR ANY FEATURE OR PART THEREOF AT ANY TIME. ZOLA DISCLAIMS ANY WARRANTIES THAT ACCESS TO THE WEBSITE WILL BE UNINTERRUPTED OR ERROR-FREE; THAT THE WEBSITE WILL BE SECURE; THAT THE WEBSITE OR THE SERVER THAT MAKES THE WEBSITE AVAILABLE WILL BE VIRUS-FREE; OR THAT INFORMATION ON THE WEBSITE WILL BE CORRECT, ACCURATE, ADEQUATE, USEFUL, TIMELY, RELIABLE OR OTHERWISE COMPLETE. IF YOU DOWNLOAD ANY CONTENT FROM THIS WEBSITE, YOU DO SO AT YOUR OWN DISCRETION AND RISK. YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH CONTENT. NO ADVICE OR INFORMATION OBTAINED BY YOU FROM THE WEBSITE SHALL CREATE ANY WARRANTY OF ANY KIND.

SOME STATES, INCLUDING WITHOUT LIMITATION NEW JERSEY, DO NOT PERMIT THIS TYPE OF DISCLAIMER, SO IT MAY NOT APPLY TO YOU.

Limitation of Liability

THE PROVIDERS WHOSE PRODUCTS AND SERVICES ARE AVAILABLE ON THE WEBSITE ARE INDEPENDENT CONTRACTORS AND NOT AGENTS OR EMPLOYEES OF ZOLA. ZOLA IS NOT LIABLE FOR THE ACTS, ERRORS, OMISSIONS, REPRESENTATIONS, WARRANTIES, BREACHES OR NEGLIGENCE OF ANY SUCH PROVIDER OR FOR ANY PERSONAL INJURIES, DEATH, PROPERTY DAMAGE, OR OTHER DAMAGES OR EXPENSES RESULTING FROM THE PRODUCTS OR SERVICES THEY PROVIDE.

YOU ACKNOWLEDGE AND AGREE THAT YOU ASSUME FULL RESPONSIBILITY FOR YOUR USE OF THE WEBSITE AND/OR FOR USE OF YOUR ZOLA ACCOUNT, COMMUNICATIONS WITH THIRD PARTIES, AND PURCHASE AND USE OF THE PRODUCTS AND SERVICES AVAILABLE THROUGH THE WEBSITE. YOU ACKNOWLEDGE AND AGREE THAT ANY INFORMATION YOU SEND OR RECEIVE, AND/OR USE OF THE WEBSITE MAY NOT BE SECURE AND MAY BE INTERCEPTED BY UNAUTHORIZED PARTIES. YOU ACKNOWLEDGE AND AGREE THAT YOUR USE OF THE WEBSITE IS AT YOUR OWN RISK AND THAT THE WEBSITE IS MADE AVAILABLE TO YOU AT NO CHARGE. RECOGNIZING SUCH, YOU ACKNOWLEDGE AND AGREE THAT, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW (INCLUDING, WITHOUT LIMITATION, CONSUMER PROTECTION LAW), NEITHER ZOLA NOR ITS LICENSORS, SUPPLIERS OR THIRD PARTY CONTENT PROVIDERS WILL BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, EXEMPLARY, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR OTHER DAMAGES ARISING OUT OF OR IN ANY WAY RELATED TO (1) THIS WEBSITE, OR ANY OTHER WEBSITE OR RESOURCE YOU ACCESS THROUGH A LINK FROM THIS WEBSITE; (2) ANY ACTION WE TAKE OR FAIL TO TAKE AS A RESULT OF COMMUNICATIONS YOU SEND TO US; (3) YOUR ZOLA ACCOUNT OR ANY TERMINATION OR CANCELATION OF YOUR ACCOUNT; (4) ANY DELAY OR INABILITY TO USE THE WEBSITE OR ANY INFORMATION, PRODUCTS OR SERVICES ADVERTISED IN OR OBTAINED THROUGH THE WEBSITE; (5) THE MODIFICATION, REMOVAL OR DELETION OF ANY CONTENT SUBMITTED OR POSTED ON THE WEBSITE; OR (6) ANY USE OF THE WEBSITE, WHETHER BASED ON CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, EVEN IF ZOLA, ITS LICENSORS, SUPPLIERS OR THIRD PARTY CONTENT PROVIDERS, HAVE BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. IT IS THE RESPONSIBILITY OF THE USER TO EVALUATE THE ACCURACY, COMPLETENESS OR USEFULNESS OF ANY OPINION, ADVICE OR OTHER CONTENT AVAILABLE THROUGH THE WEBSITE, OR OBTAINED FROM A LINKED WEBSITE OR RESOURCE. THIS DISCLAIMER APPLIES, WITHOUT LIMITATION, TO ANY DAMAGES OR INJURY ARISING FROM ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, FILE CORRUPTION, COMMUNICATION-LINE FAILURE, NETWORK OR SYSTEM OUTAGE, LOSS OF PROFITS BY YOU, OR THEFT, DESTRUCTION, UNAUTHORIZED ACCESS TO, ALTERATION OF, LOSS OR USE OF ANY RECORD OR DATA, AND ANY OTHER TANGIBLE OR INTANGIBLE LOSS. YOU SPECIFICALLY ACKNOWLEDGE AND AGREE THAT NEITHER ZOLA NOR ITS LICENSORS, SUPPLIERS OR THIRD PARTY CONTENT PROVIDERS SHALL BE LIABLE FOR ANY DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF ANY USER OF THE WEBSITE. YOUR REMEDY FOR ANY OF THE ABOVE CLAIMS OR ANY DISPUTE WITH ZOLA IS TO DISCONTINUE YOUR USE OF THE SITE. YOU AND ZOLA AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE WEBSITE MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES OR THE CAUSE OF ACTION IS PERMANENTLY BARRED. ZOLA’S MAXIMUM AGGREGATE LIABILITY UNDER THIS AGREEMENT SHALL BE US$100. BECAUSE SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, OR THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, ALL OR A PORTION OF THE ABOVE LIMITATION MAY NOT APPLY TO YOU.

THE LIMITATION OF LIABILITY WITH RESPECT TO LIABILITY ARISING FROM ANY NEGLIGENCE, GROSS NEGLIGENCE, BREACH OF A LEGAL DUTY, OR INTENTIONAL MISCONDUCT BY ZOLA DOES NOT APPLY TO VISITORS OF THE SITE FROM NEW JERSEY.

Links

Zola has not reviewed all of the websites linked to this Website and is not responsible for the availability, content or accuracy of any pages or other sites linked via this Website. The inclusion of any link to such sites does not imply endorsement by Zola of these websites. Your linking to any other pages or websites is at your own risk. You agree that Zola will not be liable for any loss or damages you or any third party may suffer in connection with third party pages or websites. We encourage you to read the terms and privacy statements of all such websites, as their policies may be materially different from ours.

Communication

When you use the Website or send emails to Zola, you are communicating with Zola electronically. You consent to receive electronically any communications related to your use of this Website. Zola will communicate with you by email or by posting notices on this Website. You agree that all agreements, notices, disclosures and other communications that are provided to you electronically satisfy any legal requirement that such communications be in writing. All notices from Zola intended for receipt shall be deemed delivered and effective when sent to the email address you provide on the Website.

Termination

You agree that Zola may terminate your use of this Website if it believes that you have violated or acted inconsistently with the letter or spirit of these Terms of Use, violated the rights of Zola or any third party, or for any reason with or without notice to you. You agree that Zola may modify or discontinue this Website, with or without notice to you. You agree that Zola will not be liable to you or any third party as a result of such modification or discontinuation. Notwithstanding any other provisions of these Terms of Use, or any general legal principles to the contrary, any provision of these Terms of Use that imposes or contemplates continuing obligations on a party will survive the expiration or termination of these Terms of Use.

Indemnification

You agree to defend, indemnify and hold harmless Zola, its officers, subsidiaries, affiliates, successors, assigns, directors, officers, agents, service providers, suppliers and employees, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorneys' fees)(“Claims“) asserted by a third party against Zola that arise from: (i) your improper use of or access to the Website; (ii) your violation of any term of these Terms of Use; (iii) your violation of any third party’s right, including without limitation any copyright, trademark, trade secret or other property, or privacy right; or (iv) any claim that your Content caused damage to a third party. This defense and indemnification obligation will survive termination, modification or expiration of these Terms of Use and your use of the Website. This obligation to indemnify Zola does not include and Claims asserted by a third party that arise from any negligent, grossly negligent, reckless, willful, fraudulent or intentional conduct committed by Zola. New Jersey residents are not required to indemnify Zola for any Claims arising from Zola’s negligent, grossly negligent, reckless, willful, fraudulent or intentional conduct.

Trademarks

The trademarks, logos, and service marks (collectively the “Trademarks“) displayed on this Website are registered and unregistered trademarks of Zola and others. Nothing contained on this Website should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any Trademark displayed on this Website without the written permission of Zola or such third party that may own the Trademarks displayed on this Website. Your misuse of the Trademarks displayed on this Website, or any other Content on this Website, except as provided herein, is strictly prohibited.

Copyright

All Content included on this Website, such as text, graphics, logos, button icons, images, audio clips and software, is the property of Zola or its Content suppliers and protected by U.S. and international copyright laws. The compilation (meaning the collection, arrangement and assembly) of all Content on this Website is the exclusive property of Zola and protected by U.S. and international copyright laws. All software used on this website is the property of Zola or its software suppliers and protected by U.S. and international copyright laws. The reproduction, modification, distribution, transmission, republication, display or performance, of the Content on this Website is strictly prohibited.

NOTIFICATION OF CLAIMS OF COPYRIGHT INFRINGEMENTS

Zola respects the intellectual property rights of others. Accordingly, if you are a copyright owner or an agent thereof and believe that any user Content or other content infringes upon your copyrights, you may submit a notification pursuant to the Digital Millennium Copyright Act ("DMCA") by providing our Copyright Agent with the following information in writing (see 17 U.S.C 512(c)(3) for further detail): (i) a physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; (ii) identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site; (iii) identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled and information reasonably sufficient to permit Zola to locate the material; (iv) information reasonably sufficient to permit Zola to contact you, such as an address, telephone number, and, if available, an electronic mail address; (v) a statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and (vi) a statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

Zola's designated Copyright Agent to receive notifications of claimed infringement is: copyright@zola.com or Zola, Inc., 150 Broadway, 19th Floor, New York, NY 10038, Attention: DMCA Complaint. You acknowledge that if you fail to comply with all of the requirements of this section, your DMCA notice may not be valid.

Please provide Zola with a separate notice each time you wish to report alleged acts of infringement.

Password

You may receive a password in connection with your use of this Website. You will be responsible to maintain the confidentiality of your password and account, and will be solely responsible for all activities that occur under your password and account. If you have any reason to believe or become aware of any loss, theft or unauthorized use of your login credentials, notify Zola immediately. Zola may assume that any communications we receive from your email or other address, or communications that are associated with your login credentials or your account on this Website, have been made by you unless we receive notice indicating otherwise.

Force Majeure

Zola shall be excused from performance under these Terms of Use, to the extent it is prevented from or delayed from performing, in whole or in part, as a result of an event or series of events caused by or resulting from (i) weather conditions or other elements of nature or acts of God, (ii) acts of war, acts of terrorism, insurrection, riots, civil disorders or rebellion, (iii) quarantines or embargoes, (iv) labor strikes, or (v) other causes beyond the reasonable control of Zola. In the event that Zola is temporarily unable to ship to you a purchased item because of such an event, Zola will give you the option of deferring shipment or receiving a refund of your charges.

General Provisions

These Terms of Use constitute the entire agreement and understanding between you and Zola with respect to your use of the Website and supersede all prior or contemporaneous communications and proposals, whether oral or written, between the parties with respect to such subject matter. You may be subject to additional terms and conditions that are applicable to certain parts of the Website. If any portion of these Terms of Use are held to be unenforceable, the unenforceable portion shall be construed in accordance with applicable law to the greatest extent possible and the remainder of the provisions shall remain in full force and effect. Any cause of action you may have with respect to your use of this website must be commenced within one (1) year after the claim or cause of action arises or such claim or cause of action is barred. These Terms of Use will be governed by and construed in accordance with the laws of the State of New York, United States of America, without regard to its conflicts of law provisions. Any legal action or proceeding relating to your access to, or use of, this website or our Content will be instituted in a state or federal court in New York County, New York, and you hereby agree to submit to the personal jurisdiction of such courts. The failure of Zola to act with respect to a breach of these Terms of Use by you or others does not waive Zola’s right to act with respect to subsequent or similar breaches. Zola does not guarantee it will take action against all breaches of these Terms of Use. Except as otherwise expressly provided in these Terms of Use, there shall be no third-party beneficiaries to these Terms of Use. You may not assign these Terms of Use by operation of law or otherwise without the prior written consent of Zola, which may be withheld at Zola’s sole discretion. Any attempted assignment that does not comply with these Terms of Use shall be null and void. Zola may assign these Terms of Use, in whole or in part, to any third party in its sole discretion.

Contact Information

If you have any questions or comments about these Terms of Use, please contact us by email at support@zola.com You may also write us at:

Zola c/o Zola, Inc. 150 Broadway 19th Floor New York, NY 10038

Effective Date

April 18, 2017