Privacy Policy

Zene is a streaming service that allows users to listen to music as well as generate their own visual content to be displayed in the background while a song is playing. For purposes of these Terms, “you” and “your” means you as a user of Zene and Zene, “we”, “us” or “our” refer to Zene.

These terms of service (these “Terms”) set forth the terms and conditions by which you may access and use the Zene website available at https://www.thewallpo.com (and any successor site) (the “Website”), the Zene mobile and PC application (collectively the “App”) and any music, video, service(s), product(s) and content (including the Zene Content (as defined in Section 10)) offered on or otherwise made available through the Website and/or App (collectively, the “Services”). The Services are provided for your personal, non-commercial use only. You agree that you will not use the Services for any commercial or business purposes or for any public performances, and that you will not redistribute or transfer the Services or any part thereof.

The Terms form a legally binding agreement between you and us. Please take the time to read them carefully.

Please note that Section 15 contains an arbitration clause and class action waiver. By agreeing to these Terms, you agree (a) to resolve all disputes with us through binding individual arbitration, which means that you waive any right to have those disputes decided by a judge or jury, and (b) that you waive your right to participate in class actions, class arbitrations, or representative actions. You have the right to opt-out of arbitration as explained in Section 15.

Accepting the Terms

By accessing or using the Services, you confirm that you are capable of forming a binding contract with us, that you have read, understood and accept these Terms and consent to our Community Guidelines and other policies and terms, which may be updated by Zene and made available to you from time to time and each of which are incorporated herein by reference. The Services are only for users aged 16 years old and over (with additional limits that may be set forth in the Supplemental Terms - Jurisdiction-Specific). You may not use the Services if you are less than 16 years old. Additionally, if you are under the age of 18 (or the age of majority that may be set forth in the Supplemental Terms - Jurisdiction-Specific), you confirm that you have obtained consent from your parents or legal guardians, if such consent is required to form a binding contract with us. Access to the Services from jurisdictions where such access is illegal, unauthorized or penalized is strictly prohibited. You understand and agree that we will treat your access to or use of the Services as acceptance of these Terms from that point onwards. If you do not agree to these Terms, you must not access or use the Services.

Content Ownership, Responsibility and Removal.

Zene does not claim any ownership rights in any User Submissions and nothing in these Terms of Service will be deemed to restrict any rights that you may have to use and exploit your User Submissions. Subject to the foregoing, the licensors exclusively own all right, title and interest in and to the Zene Service, including all associated intellectual property rights. You acknowledge that the Zene are protected by copyright, trademark, and other laws of foreign countries. Please also note that product names, logos, brands, and other trademarks included in the User Submissions and featured or referred to within the Zene are the property of their respective trademark holders. These trademark holders are not affiliated with Zene Service. You agree not to remove, alter or obscure any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying the Zene.

Zene's Privacy Policy helps explain how the data that is collected through your use of the Services is treated. By accessing or using our Services you confirm that you have read, understood, and accepted the terms of our Privacy Policy.

Supplemental Terms

If you access or use the Services from within a jurisdiction for which there are separate supplemental terms, you also hereby agree to the supplemental terms applicable to users in each jurisdiction as outlined in the relevant “Supplemental Terms - Jurisdiction-Specific” section below, and in the event of a conflict between the provisions of theSupplemental Terms - Jurisdiction-Specificthat are relevant to your jurisdiction from which you access or use the Services, and the rest of these Terms, the relevant jurisdictions'Supplemental Terms - Jurisdiction-Specificwill supersede and control with respect to your use of the Services from that jurisdiction.

Changes to these Terms

We may amend these Terms from time to time, for instance when we update the functionality of our Services or for legal or regulatory reasons. We will use commercially reasonable efforts to generally notify you of any material changes to these Terms, such as through a prominent banner notice on the Website and/or App, however, you should look at these Terms regularly to check for such changes. We will also update the “Last Updated” date at the top of these Terms, which reflect the effective date of such Terms. Your continued access to or use of the Services after the date of the new Terms constitutes your acceptance of the new Terms. If you do not agree to the new Terms, you must stop accessing or using the Services.
Your Account with Us To access or use the Services, you must create an account with us. When you create this account, you must provide accurate and up-to-date information. It is important that you maintain and promptly update your details and any other information you provide to us, to keep such information current and complete. It is important that you keep your account password confidential and that you do not disclose it to any third party. If you know or suspect that any third party knows your password or has accessed your account, you must promptly notify us at [email protected]. You agree that you are solely responsible (to us and to other users of our Services) for any and all activity that occurs under your account.
We reserve the right to disable your user account at any time if in our reasonable opinion you have failed to comply with any of the provisions of these Terms. Alternatively, you may access the Services by logging onto the Website and/or App through your accounts on third party services, such as Google or Facebook. If you do so, we will have access to information you have stored on such third party account such as your email address, profile picture and other information if you grant us permission. All issues that may arise from your use of such third party account shall be resolved by you and the applicable third party.

We reserve the right, at any time and without prior notice, to remove or disable access to content on the Website and/or App (including your User Content) at our discretion for any reason, including if we find any content to be objectionable, in violation of these Terms or other applicable policies or terms for your use of the Services or otherwise harmful to the Services or other users of the Services.
We reserve: the right to limit the number of devices on which an individual subscription to the Services may be used to stream Zene Content; andthe right to refuse service, terminate accounts or limit access to the Services in our sole discretion

Modification, Interruption and Termination of Services

We will use commercially reasonable efforts to keep the Services operational. However, we reserve the right to interrupt or modify the availability of the Services or any part thereof (including modifying or withdrawing any Zene Content) from time to time such as for scheduled or emergency downtime, unless prohibited by applicable law. We may also end the Services and your access or use of the Services permanently. You agree that we will not assume any obligations or liabilities to you with respect to the Services for such withdrawal of Zene Content, or interruption, modification or termination of the Services or any part hereof, to the maximum extent permitted by applicable law. If you have subscribed to the Premium Services, we will refund any subscription fees paid but not used on a pro rata basis to you if required by applicable law.

Intellectual Property Rights

We respect intellectual property rights and ask you to do the same. As a condition of your access to and use of the Services, you agree not to use the Services to infringe any intellectual property rights. We reserve the right, with or without notice, at any time and in our sole discretion to block access to and/or terminate the accounts of any user who infringes or is alleged to infringe any copyrights or other intellectual property rights.

Content

As between you and Zene, except for User Content (as defined below), all content, software, images, text, graphics, illustrations, logos, patents, trademarks, service marks, copyrights, photographs, audio, videos, music on and “look and feel” of the Website and App, and all intellectual property rights related thereto (“ZeneContent”), are either owned or licensed by Zene. However, you or your licensors will own any User Content (as defined below) that you post, upload or transmit through the Services. Use of the Zene Content or materials on the Services for any purpose not expressly permitted by these Terms is strictly prohibited. Such content may not be downloaded, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed or otherwise exploited for any purpose whatsoever without our or, where applicable, our licensors' prior written consent. We and our licensors reserve all rights not expressly granted in and to their content. Subject to the terms and conditions of these Terms, you are hereby granted a non-exclusive, limited, non-transferable, non-sublicensable, revocable license to access and use the Services and to access the Zene Content, solely for your personal and non-commercial use. You acknowledge and agree that Zene may terminate this license at any time. We reserve all rights not expressly granted in and to the Services and the Zene Content (as defined below). NO RIGHTS ARE LICENSED WITH RESPECT TO ZENE AND THE MUSICAL WORKS AND LITERARY WORKS EMBODIED THEREIN THAT ARE MADE AVAILABLE FROM OR THROUGH THE SERVICES. You acknowledge and agree that, except as specifically permitted by us in these Terms or in another agreement you enter into with us, (i) we may generate revenues, increase goodwill or otherwise increase our value from your use of the Services and you have no right to share in any of such revenue, goodwill or value whatsoever; and (ii) you are prohibited from exercising any rights to monetize or obtain income or consideration from any User Content within the Services or on any third party service (e.g., you cannot claim User Content that has been uploaded to a social media platform such as YouTube for monetization) or your use of Zene Content. We make no representations, warranties or guarantees, whether express or implied, that any Zene Content is accurate, complete or up-to-date. Where our Services contain links to other sites and resources provided by third parties, these links are provided for your information only. We have no control over the content of such sites or resources. Such links should not be interpreted as approval by us of those linked websites or any information you may obtain from them.

Please consider whether fair use or a similar exception to copyright applies before you submit, and please also be aware that intentionally submitting a misleading or fraudulent report may lead to liability for damages under applicable laws. All information submitted in your copyright infringement notification may be forwarded to the uploader of the content, or otherwise made public in any way by Zene or a third party. Zene takes reasonable measures to expeditiously remove from our Services any infringing material that we become aware of.It is Zene's policy, in appropriate circumstances and at its discretion, to disable or terminate the accounts of users of the Services who repeatedly infringe copyrights or intellectual property rights of others.

Location Data

Location data is only collected when the app is being used, and only save in your local phone memory. The location data is not shared with anyone.

Third Party Products and Services

The Services may contain, integrate or otherwise interact with links, website, products, content or services provided by third parties (“Third Party Services”), Zene has no control over the provision of such Third Party Services. Such Third Party Services should not be interpreted as approval or endorsed by us. Additional terms and conditions of use and privacy policies will apply for your use of such Third Party Services, and all matters relating to your use of such Third Party Services shall be governed by such terms between you and the provider of the Third Party Services.

Indemnity

YOU AGREE TO DEFEND, INDEMNIFY, AND HOLD HARMLESS Zene, ITS PARENTS, SUBSIDIARIES, AND AFFILIATES, AND EACH OF THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS AND ADVISORS FROM ANY AND ALL CLAIMS, LIABILITIES, COSTS, AND EXPENSES, INCLUDING, BUT NOT LIMITED TO, ATTORNEYS' FEES AND EXPENSES, ARISING OUT OF (A) A BREACH BY YOU OR ANY USER OF YOUR ACCOUNT OF THESE TERMS OR ARISING OUT OF A BREACH OF YOUR OBLIGATIONS, REPRESENTATION AND WARRANTIES UNDER THESE TERMS AND (B) ANY USER CONTENT YOU POSTED, UPLOADED OR TRANSMITTED THROUGH THE SERVICES.

NO CONDITIONS, WARRANTIES OR OTHER TERMS (INCLUDING ANY IMPLIED TERMS AS TO SATISFACTORY QUALITY, FITNESS FOR PURPOSE OR CONFORMANCE WITH DESCRIPTION) APPLY TO THE SERVICES EXCEPT TO THE EXTENT THAT THEY ARE EXPRESSLY SET OUT IN THE TERMS. NOTHING IN THESE TERMS SHALL EXCLUDE OR LIMIT OUR WARRANTIES WHERE IT IS UNLAWFUL TO DO SO UNDER APPLICABLE LAWS.

YOU ARE RESPONSIBLE FOR ANY MOBILE CHARGES THAT MAY APPLY TO YOUR USE OF OUR SERVICES, INCLUDING DATA CHARGES. IF YOU'RE UNSURE WHAT THOSE CHARGES MAY BE, YOU SHOULD ASK YOUR SERVICE PROVIDER BEFORE USING THE SERVICES.

Governing Law and Jurisdiction

Subject to the Supplemental Terms - Jurisdiction-Specific, these Terms, their subject matter and their formation, are governed by the laws of California, USA without regard to any conflict of law principles to the contrary, and the JAMS Rules for any arbitration proceedings as outlined below.Agreement to Arbitrate and Class Action Waiver You agree that in the event of any dispute between you and Zene relating in any way to these Terms or your use of the Services, you will first contact Zene and make a good faith sustained effort to resolve the dispute before resorting to more formal means of resolution, including without limitation, any court action. Any remaining dispute, controversy, or claim (collectively, “Claim”) relating in any way to these Terms or your use of the Services, will be resolved by arbitration. You and Zene agree that any Claim will be settled by final and binding arbitration, using the English language, administered by JAMS under its Comprehensive Arbitration Rules and Procedures (the “JAMS Rules”) then in effect (those rules are deemed to be incorporated by reference into this paragraph, and as of the date of these Terms). Arbitration will be handled by a sole arbitrator in accordance with the JAMS Rules. Judgment on the arbitration award may be entered in any court that has jurisdiction. Any arbitration under the Terms will take place on an individual basis - class arbitrations and class actions are not permitted. You understand that by agreeing to the Terms, you and Zene are each waiving the right to trial by jury or to participate in a class action or class arbitration. Notwithstanding the foregoing, you and Zene will have the right to bring an action in a court of proper jurisdiction for injunctive or other equitable or conservatory relief, pending a final decision by the arbitrator. You may instead assert your claim in “small claims” court, but only if your claim qualifies, your claim remains in such court and your claim remains on an individual, non-representative and non-class basis. An arbitrator shall not be bound by rulings in prior arbitrations involving different users, but is bound by rulings in prior arbitrations involving the same user to the extent required by applicable law. Payment for any and all reasonable JAMS filing, administrative and arbitrator fees will be in accordance with the JAMS Rules. If the value of your claim does not exceed $10,000, Zene will pay for the reasonable filing, administrative and arbitrator fees associated with the arbitration, unless the arbitrator finds that either the substance of your claim or the relief sought was frivolous or brought for an improper purpose. You have the right to opt-out and not be bound by the arbitration provisions set forth in these Terms by sending written notice of your decision to opt-out to [email protected]. The notice must be sent to Zene within thirty (30) days of your registering to use the Services or agreeing to these Terms. Otherwise you shall be bound to arbitrate disputes in accordance with these Terms. If you opt-out of these arbitration provisions, Zene also will not be bound by them.

Google Play

By downloading the App from Google Play (or its successors) operated by Google, Inc. or one of its affiliates (“Google”), you specifically acknowledge and agree that: to the extent of any conflict between (a) the Google Play Terms of Services and the Google Play Business and Program Policies or such other terms which Google designates as default end user license terms for Google Play (all of which together are referred to as the “Google Play Terms”), and (b) the other terms and conditions in these Terms, the Google Play Terms shall apply with respect to your use of the App that you download from Google Play, and you hereby acknowledge that Google does not have any responsibility or liability related to compliance or non-compliance by Zene or you (or any other user) under these Terms or the Google Play Terms.

Supplemental Terms - Jurisdiction-Specific

By downloading the App from Google Play (or its successors) operated by Google, Inc. or one of its affiliates (“Google”), you specifically acknowledge and agree that:By participating in the Services, you represent that you are at least 21 years of age or married or not under guardianship. If you are below 21 years old and you are not married, your account must be opened under the name of your parent(s) or guardian(s). Further, you represent and warrant that you have obtained consent from your parent(s) or legal guardian(s) unless you indicate otherwise. By consenting, your parent(s) or legal guardian(s) are agreeing to take responsibility for: (i) all your actions in connection with your access to the Services; (ii) any fees or charges associated with your use of any of the Services (as applicable); (iii) your compliance with this Terms; and (iv) ensuring that any of your participation in Services will not, in any event, result in any violation of applicable laws and regulations relating to child protections. If you do not have consent from your parent(s) or legal guardian(s) and your parent(s) or guardian(s) is not willing to open the account under their name, you must cease accessing the Services.

Consent

By continuing using our Services and/or logging in Zene , you expressly agree with these Terms. Be aware that the provisions herein will govern the relationship between you and Zene. If you do not agree with all terms below, you will not be allowed to use or access the Services. Your access to and use of our Services is also subject to our Privacy Policy, including any additional terms which are added to such Additional Agreements and made available to you from time to time. The terms and conditions of the Additional Agreements are incorporated herein by reference.

Language

These Terms has been prepared in both English and Indonesian languages, both of which are of equal status and shall be binding on you and us. In the event of inconsistency between the two versions of these Terms, the English version shall prevail.

Governing Law and Jurisdiction. Replacing Clauses 13 and 14, as follows:

“These Terms shall be governed by and construed in accordance with the laws of Singapore. You and Zene agree that any claim will be settled by final and binding arbitration, using the English language, administered by Singapore International Arbitration Centre (“SIAC”) in accordance with the SIAC Rules, and judgment on the award rendered by the arbitrator may be entered in any court having jurisdiction thereof, provided however, that each of you and Zene will have a right to seek injunctive or other equitable relief in a court of law. The arbitration shall take place in Singapore. SIAC Rules then in effect are deemed to be incorporated by reference into this paragraph, and as of the date of these Terms. Arbitration will be handled by a sole arbitrator in accordance with the SIAC Rules. Judgment on the arbitration award may be entered in any court that has jurisdiction. Any arbitration under the Terms will take place on an individual basis - class arbitrations and class actions are not permitted. You understand that by agreeing to the Terms, you and Zene are each waiving the right to trial by jury or to participate in a class action or class arbitration. Notwithstanding the foregoing, you and Zene will have the right to bring an action in a court of proper jurisdiction for injunctive or other equitable or conservatory relief, pending a final decision by the arbitrator. An arbitrator shall not be bound by rulings in prior arbitrations involving different users, but is bound by rulings in prior arbitrations involving the same user to the extent required by applicable law.”

Change to the Terms. Amending Clause 4 to add the following sentence:
“In the case of relevant changes that require the user's consent, we will present the new Terms to obtain your consent.”

Any Questions?

If you have any questions about this Policy, please contact us by email at [email protected].