Terms of Service

The following terms of service govern your access. Use of the Zestur website and mobile application, including any content, functionality and services offered on or through www.zestur.com or the Zestur mobile application (the "Site") by Acolyte Technologies Pvt. Ltd. Acolyte Technologies Pvt. Ltd. and Zestur are collectively referred herein as "Zestur” “we" or "us". “you” or “user” means you as the users of the Site.

You are requested to read the Terms of Service carefully before you start operating the Site. While using the Site, opening an account or by clicking to accept or agree to the Terms of Service when this option is made available to you, you acknowledge and agree, on behalf of yourself or your employer or other entity (if applicable), to be bound and abide by these Terms of Service. If you don't accept these Terms of Service or even the Privacy Policy, you better not access or use the platform. For more detailed guidelines surrounding the activities on the Site, please go through the designated articles.

This Site offers users who are 13 years of age or above. If you are under 13, you do not have permission to use this Site or the Zestur services. If you don't meet all of these prerequisites, you must not access or use the Site.

Our Customer Support team can be contacted if you have any queries regarding this platform or Terms of Service.

The predetermined language of these Terms of Service, as well as all other texts throughout the Site, is English. Zestur allows this translation for the convenience of the users only. In case of any conflicts between the original English version and any translation, the English version shall prevail.

Key Terms

Buyers are users who purchase services on Zestur.

Custom Offers are exclusive opportunities that a Seller can create in response to the specific requirement of Buyers.

Custom Orders are requests made by Buyers to receive a Custom Offer from Sellers.

ZestMore is additional services offered on top of the Seller’s Zest for a different price defined by the Seller.

ZestKit allows Sellers to offer services at multiple formats and price ranges. These plans can include upgrades, which lets Sellers price their service for an introductory price of over INR 251.

Zest Page is where the seller can describe their Zest and the Zest’s terms, and the Buyer can purchase the Zest and create an order.

Zest/Zests are services/gigs offered on Zestur.

Order Page is where Buyer and Seller talk to each other in connection with an ordered Zest.

Orders are the official agreements between the Buyers and Sellers after making a purchase from the Seller’s Zest Page.

Sellers are the users who offer and perform services through Zests.

Overview (Main terms, in brief)

  • Only registered users are allowed to buy and sell on Zestur. Registration is free. To register for an account, you have to agree with accurate, complete, and updated information and not create any fraudulent account. Users are completely responsible for any activity on your account and maintain the confidentiality and security of your ID and password. It means we are not liable for any acts or omissions by you in connection with your account.
  • Zests on Zestur may be offered at a base starting price of INR 251. Some Zests are provided at a base price of more than INR 251 as determined by the Seller.
  • Buyers pay Zestur in advance to place an order
  • Order is purchased through the Order button found on a Seller’s Zest pages or through Custom Offers.
  • Sellers must fulfil their order and may not cancel order regularly or without cause. Cancelling order will affect Sellers’ reputations and status.
  • Sellers get account statuses (Levels) based on their performances and reputations. Advanced levels provide their owners with different advantages, including offering services for higher prices through ZestMore, or selling their Zest in multiples.
  • Users should not offer or accept payments using any method other than placing an order through Zestur.com.
  • When purchasing a Zest, Buyers are granted all rights for the delivered work, unless otherwise specified by the Seller on their Zest page. Note: some Zests charge additional payments (through ZestMore) for Commercial Use License.
  • Zestur retains the right to use all published delivered works and Logo Designs for Zestur marketing and promotional purposes.
  • We care for your privacy. Please read our Privacy Policy.
  • Users undertake to comply with Zestur’s Community Standards, which are a set of behaviour rules and guidelines applicable to the Zestur community and marketplace in addition to these Terms of Service, as updated from time to time.

SELLERS

Basics

  • Sellers create Zests on Zestur to allow the Buyer to buy their services.
  • Sellers might also offer Custom Offers to Buyers in addition to their Zests.
  • Each Zest you sell and complete accredits your account with revenue equal to 90% of the purchase amount.
  • Zestur accredits Seller once the orders are completed. Check out the "Orders" section below for a definition to complete the order.
  • Sellers may not promote their Zests or any Zestur content through the Google Ads platform.
  • The Seller's ratings are calculated based on the order review posted by Buyers. High ratings allow sellers to get advanced seller level (see Levels below). In certain cases, exceedingly low rating may lead to the suspension of the Seller’s account.
  • Zestur may temporarily disable the Seller’s ability to withdraw revenue to prevent fraudulent or illicit activities for security concerns. It may come from security issues, improper behavior reported by other users, or associating multiple Zestur accounts to a single withdrawal provider.
  • Sellers are responsible to obtain a general liability insurance policy with sufficient coverage amounts to cover all risks associated with the performance of their services.

Zests

  • Sellers are allowed to post a select amount of active Zests based on their Level status.
    • 3 Zests for Level 1 Sellers
    • 5 Zests for Level 2 Sellers.
    • 7 Zests for Level Top Rated Sellers.
  • Zests created on Zestur are User Generated Content.
  • Zestur may remove zests and/or users from the Site for violation of these Terms of Services and/or our Community Standard, which may include (but are not restricted to) the following violation and/or materials:
    • Illegal services
    • Copyright violation, Trademark Infringement, and violation of a third party's terms of service reported through our Intellectual Property Claim Policy found here
    • Adult oriented service, Pornographic, Inappropriate/Obscene
    • Intentional copies of Zests
    • Spam, nonsense, or violent or deceptive Zests
    • Zests misleading to Buyers or others
    • Reselling of regulated items
    • Offering to prepare academic work on behalf of Buyers
    • Exceedingly low-quality Zests
    • Promoting Zestur and/or Zestur Zests through activities that are prohibited by any laws, regulations, and/or third parties' terms of service, as well as through any marketing activity that negatively affects our relationships with our users or partners.
  • Zests that are removed for violations mentioned above, may result in the suspension of the Seller’s account.
  • Zests that are removed for violations are not eligible to be restored or edited.
  • Zests may be removed from our Search feature due to poor performance and/or user misconduct.
  • Zests may include pre-approved website URLs contained within the Zest description and requirements box. Zests containing websites promoting content, which violates Zestur’s Terms of Service and/or our Community Standards, will be removed.
  • Zests are required to have an appropriate Zest image related to the service offered. An option to upload two additional Zest images is available to all Sellers. Sellers should deliver the same quality of service as shown on their Zest image. Recurring the deliveries that don’t match the quality shown on the Zest images may lead to the Seller’s account losing Seller status or becoming permanently disabled.
  • Zests may contain an approved Zest Video uploaded through the Zest management tools available on Zestur.
  • Statements on the Zest Page that undermine or circumvent these Terms of Service are prohibited.
  • Eligible Zests in select Categories may set up Zest Packages to offer their services in structured formats with multiple price points for the selected Zest.
  • A few categories are available only to Premium Sellers to create Zests. If you are not a Premium Seller, creating a Zest for services available to Premium Sellers only may remove your Zest.

ZestMore

  • ZestMore are additional services offered on top of the Seller’s Zest for an additional price defined by the Seller.
  • ZestMore may be removed for violations of our Terms of Service and/or our Community Standards. Please see the Zests section above for a list of services that violate our Terms of Service for specific terms. Zests are subject to be removed due to violations found in ZestMore.
  • The amount of ZestMore, which can be offered, and the price for each ZestMore, is based on your Seller Level. More information surrounding your accounts eligibility for ZestMore can be found here.
  • Services offered through ZestMore must be related to the base service and part of the deliverables on the Order.
  • ZestMore may cover multiple categories of service that are components to a higher quality delivered service.
  • Sellers can extend the duration of an Order for each ZestMore that is added to the Order. This is to maintain the time needed to complete the additional services.

Levels

Zestur is all about assisting the Sellers leverage their skills. We want to empower top performing Sellers with helpful tools to improve their businesses. Sellers who are eager to invest in self-promotion may achieve significant customer satisfaction. If they deliver on time and maintain better quality and ratings, Zestur may reward them with new statuses, special opportunities, benefits, and tools that come with it.

  • Zestur Sellers can gain account Levels based on their activity, performance and reputation. The advancement criteria can be found here.
  • Advancements in Levels are upgraded periodically by an automated system.
  • The current Levels a Seller achieves are, Level 1, 2, and Top Rated.
  • Sellers who are unable to maintain their high quality service, experience a severe drop in ratings, or stop delivering on time risk losing their Seller status and the advantages that come with it. For example, late delivery, warnings to the Seller’s account and cancellations can cause the Sellers to move to a different Level.
  • Advanced levels provide the owners with additional benefits, including offering Zests for higher prices through ZestMore, or selling their Zest in multiples.

Top Rated Sellers

  • Top Rated Sellers are chosen manually by Zestur editor via an continuous review process based on seniority, volume of sale, extremely high rating, incredible customer care, high order completion rate and community leadership. Top Rated Sellers gain access to more extensive features than previous levels, including exclusive beta features and VIP support access.
  • Zestur constantly evaluates top Rated eligibility to ensure that the quality standards and expectations of the Top Rated selection is kept. Zestur retains the right to change a Top Rated Seller status because of such evaluations. Moreover, Top Rated Sellers who cannot maintain this high quality services through a severe drop in ratings, stop delivering on time, increased cancellation rate or violate our Terms of Service and/or our Community Standards, also risk losing their Top Rated status and the advantages that come with it.

Seller Features

Zestur Sellers have access to several incredible features that help to customize the way their services can be accessed.

Custom Offer

  • Sellers may also send Custom Offers addressing specific requirements of a Buyer.
  • The Seller defines custom Offers with the exact description of the service, the price and the time expected to deliver the service.
  • Custom Offers are delivered from the conversation page.
  • Service provided through Custom Offer shall not violate Zestur’s Terms of Service and/or our Community Standards.

BUYERS

Basics

  • You should not offer direct payments to Sellers using payment systems outside of the Zestur platform.
  • Zestur retains the right to use all publicly published delivered works for Zestur marketing and promotional purposes.
  • Buyers can request a specific service from the Post a Request feature. Services requested on Zestur must be an allowed service on Zestur. Check here for guidelines on approved services. Users should refrain from using the Post a Request features for any purpose other than looking for services on Zestur.

Purchasing

  • You can refer to the Payment Terms for making Payments through the Zestur platform and to learn about fees and taxes.
  • In addition, Buyers can request Custom Orders which address specific Buyer requirements, and receive a Custom Offer from Sellers through the site or Zestur Anywhere.
  • You might not offer Sellers to pay, or make payment using any other method through the Zestur.com site. If you have been asked to use a different payment methods, please report it immediately to Customer Support.

ORDERS

Basics

  • Once payment is done, your order will be created and given a unique Zestur order number.
  • Sellers should convey completed files and/or proof of work using the Deliver/Upload Work button (located on the Order page) according to the service purchased and advertised on their Zest.
  • Sellers may not abuse the Deliver/Upload Work button to circumvent Order guidelines described in the policy. The “Deliver/Upload Work” button when an Order is not fulfilled might result in a cancellation of that Order after review, affect the Seller’s rating and result in a warning to Seller.
  • An Order is marked as Finished after it is marked as Delivered and then accepted by Buyers. The Order will be automatically marked as Finished if it is not accepted and no request for modifications were submitted within 15 days after the Order was marked as conveyed.
  • We encourage our Buyer and Seller to try and settle the conflicts among them. If for any reason it fails after using the Resolution Center or if you encounter non-permitted usage on the Site, users can contact Zestur's Customer Support department for help. For more information about disputes, Order cancellation and refund please check Payment Terms.
  • Certain Zests that offer local services might require Buyers and Sellers to meet in person for the Seller to perform the service. In such cases, users should note that Zestur does not guarantee the behavior, safety, sustainability or ability of either Buyer or Seller. Both of them agree that the entire process arising out of their meeting and/or their use or performance of local services remains solely with them, and Zestur has no responsibility or liability related to any local services provided by the Sellers. If the service is performed on the Buyers’ premises, Buyers are encouraged to maintain proper insurance policies to cover their liability as the premise owner. Zestur’s Terms of Service and Community Standards remain applicable to Orders that are performed outside of the marketplace (including, among others, the below restrictions on Unlawful Use, Inappropriate Behavior & Language, and Targeted Abuse).

Handling Orders

  • When a Buyer orders a Zest, the Seller is notified by email and notifications on the site while logged into the account.
  • Sellers should meet the delivery time they specified when creating their Zests. Failing to do so will allow the Buyers to cancel the Order when an Order is marked as late and may harm the Seller's status.
  • To mark the Order as Delivered, sellers must send completed files and/or proof of work using the Deliver Completed Work button (located on the Order page).
  • User is responsible for scanning all transferred files for viruses and malware. Zestur will not be held responsible for any damages due to platform usage, use of content or files transferred.
  • Buyer might use the "Request Revisions" feature located on the Order Page. At the same time, an Order is marked as Delivered if the delivered materials do not match the Seller's description on their Zest page or they do not match the requirements sent to the Sellers at the very moment of the order process.

Review

  • Feedback review is provided by Buyers while completing an Order is an essential part of Zestur's rating system. Review demonstrates the Buyer's overall experience with the Seller and their services. Buyers are encouraged to get in touch with the Seller any concerns experienced during their active order regarding the service provided by the Seller.
  • Leaving a Buyer's feedback is a standard prerogative of the Buyers. Feedback reviews will never be removed unless there are clear violations of our Terms of Service and/or our Community Standard.
  • To protect any misuse of our Feedback system, all feedback reviews must come from lawful sales executed exclusively through the Zestur platform from our community users. Purchases arranged, determined to artificially improve Seller ratings, or to abuse the Zestur platform with purchases from additional accounts will permanently suspend all related accounts.
  • Feedback comments given by Buyers are publicly displayed on a Seller’s Zest page.
  • Work Samples are represented as the delivered images and videos sent to a Buyer in a delivery message. Work Samples are included to a Seller's Live Portfolio on their Zest page if the Buyer chooses to publish the Work Sample while providing a public feedback review.
  • Withholding the deliveries of services, files, or information required to complete the Zest’s service with the intent to gain favorable reviews or additional services is restricted.
  • Responding and posting a review: Once a work is delivered, the Buyer has three days to respond. If no response is provided within the stipulated period, the Order will be considered completed.
  • Users can leave reviews on Orders up to 10 days after the Orders are marked as complete. 
  • Sellers might not solicit the removal of feedback reviews from the Buyer through mutual cancellations.
  • Once the Buyers submit his/her review, the Seller will receive a notification and will also have the opportunity to leave a review about working with the Buyer. Please Note: At this moment, Sellers cannot see the Buyer's review.
  • Once both Seller and Buyer have completed submitting their reviews, or the 10 days have passed, all the posted reviews are made public.
  • Responding to a review: Once the reviews from the Buyer and Seller have been published, the Seller can reply to the Buyer’s reviews from the Order page, seen on the Seller’s Zest page, beneath the Buyer’s feedback.
  • Feedback reviews are unavailable for the orders made through the Logo Maker.

Dispute and Cancellation

We encourage the Buyers and Sellers to try and settle conflicts amongst themselves. If for any reason we fail to do so after using the Resolution Center or if you encounter non-permitted usage on the Site, users can contact Zestur's Customer Support department for help. For detailed information about disputes, Order cancellations and refunds please refer to the Payment Terms.

User Conduct and Protection

Zestur enables people worldwide to create, share, sell and purchase nearly any service they need at an unbeatable value. Services offered on Zestur reflect the diversity of an expanding gig economy. Members of the Zestur community communicate and engage through orders, social media, and on Zestur’s Community Forums.

Zestur maintains a cordial, community spirited, and professional environment. Users must keep to that spirit while participating in any activity or extensions of Zestur. This section relates to the expected conduct users should adhere to while interacting with each other on Zestur.

To report any violation of our policies and/or our Community Standards, User Misconduct, or inquiries regarding your account, please contact our Customer Support team.

Basics

  • To safeguard our users' privacy, user identities are kept anonymous. Requesting or providing Email addresses, Skype/IM username, telephone number or any other personal contact details to communicate outside of Zestur to circumvent or abuse the Zestur messaging system or Zestur platform is not allowed.
  • Zestur does not provide any guarantee of the level of services offered to Buyers. 
  • Zestur does not protect users who interact outside of the Zestur site.
  • All information and file exchanges must be done exclusively on Zestur's platforms.
  • Rude, abusive, improper language, or violent contents will not be tolerated and may result in an account warning or the suspension/removal of your account.
  • Zestur is open to everyone. You undertake not to differentiate against any other user based on gender, race, age, religious affiliation, sexual orientation, or otherwise. You acknowledge that these discrimination may result in the suspension/removal of your Zestur account.
  • Users should not submit proposals or solicit parties introduced through Zestur to contract, engage with, or pay outside Zestur.

Orders

  • Users to defame competing Sellers by ordering from competing services will have the reviews removed or further account status related actions located by review by our Trust & Safety team.
  • Users are to refrain from spamming or soliciting previous Buyers or Sellers to pursue removing/modifying reviews or cancelling orders that do not align on Order Cancellation or Feedback policies.

Zests

  • Users may report Zests to Customer Support that may violate Zestur’s Terms of Service based on the reported Zest’s replicated similarity to pre-existing services (copycat Zests).
  • Sellers warrant that the content included in their Zests shall be original work conceived by the Sellers and shall not infringe any third party rights, including, without limitation, copyrights, trademarks or service marks. If certain music or stock-footage media are incorporated within the Zests, Sellers represent and warrant that they hold a valid license to use such music and/or footage and to include them in the Zests.
  • Zestur will respond to clear and complete notices of alleged copyrights or trademark infringements.

Reporting Violation

If you come across any content that might violate our policies and/or our Community Standards. You should report it to our service executives through the appropriate channels to handle those issues as outlined in our Terms of Service. Our Trust & Safety team reviews all cases. To protect user privacy, the results of the investigation are not shared. You can review our Privacy Policy for detailed information.

Violations

Users might receive a warning to their account for violations of our Terms of Service and/or our Community Standard or the users misconduct reported to our Trust and Safety team. A warning will be sent to the users email address and displayed for such users on the platform. Warnings do not limit account activities, but can lead to your account losing Seller statuses or becoming permanently disabled based on the severity of the violation.

Non-Permitted Usage

Adult Services & Pornography - Zestur does not allow any adult-oriented or pornographic materials and services.

Inappropriate Behavior & Language - Communication on Zestur should be friendly, constructive, and professional. Zestur condemns bullying, harassment, and hate speech towards others. We allow the users a medium for which messages are exchanged between individuals, a system to rate the orders, and to engage on wider platforms such as our Community Forum and Social Media page.

Phishing and Spam - security is our top priority. Any attempts to publish or deliver malicious content with the intent to compromise another member’s account or computer environment is strictly prohibited. You are requested to respect our members' privacy by not contacting them with offers, questions, suggestions, or anything not directly related to their Zests or orders.

Privacy & Identity - You might not publish or post other people's private and confidential information. Sellers further ensure that whatever information they receive from the Buyers, which is not public domain, shall not be used for any purpose whatsoever other than to deliver the work to the Buyer. Our Terms of Service will not protect any users who engage and communicate off of Zestur.

Authentic Zestur Profile - You may not create a false identity on Zestur, misrepresent your identity, create a Zestur profile for anyone other than yourself (a real person), or use or attempt to use another user’s account or information; Your profile information, including your description, skill, location, etc., while should be kept anonymous, must be accurate and complete and may not be misleading, illegal, offensive or otherwise harmful. Zestur reserves the right to require users to go through a verification process to use the Site (whether by using ID, phone, camera, etc.).

Intellectual Property Claims - Zestur will respond to clear and complete notice of alleged copyright or trademark infringement, and/or violation of third party’s terms of service.

Fraud / Unlawful Use – Using Zestur for unlawful purposes or conduct illegitimate activities is not allowed.

Abuse and Spam

Multiple Accounts - To prevent fraud, users are limited to one active Zestur account in Zestur. Any additional account created to circumvent guidelines, promote competitive advantages, or mislead the Zestur community will be disabled. Mass account creation might result in disabling of all related accounts. Note: any violations of Zestur’s Terms of Service and/or our Community Standards cause permanent suspension of all the accounts.

Targeted Abuse - We do not tolerate the users who engage in targeted abuse or harassment towards other users on Zestur. This includes creating new accounts to harass members through our message or ordering system.

Selling Accounts - You cannot buy or sell Zestur account.

Proprietary Restrictions

This Site, including its general layout, look and feel, design, information, content and other materials available thereon, is exclusively owned by Zestur and protected by copyright, trademark, and other intellectual property laws. Zestur, Zest and Zests are all registered trademarks owned exclusively by Zestur. User has no right, and specifically agree not to do the following concerning the Site or any part, component or extension of the Site (including its mobile application): (i) copy, transfer, adopt, modify, distribute, transmit, display, create derivative works, publish or reproduce them, in any manner; (ii) reverse assembles, decompiles, reverse engineer or attempt to derive the source code, underlying ideas, algorithms, structure or organizations; (iii) remove the copyright notice, identification or any other notices; (iv) use automation software (bots), hack, modification (mods) or any other illegal third-party software designed to improve the Site; (v) attempt to improve unauthorized access to, interfere with, damaged or disrupted the Site or the computer system or networks connected to the Site; (vi) circumvent, remove, alter, deactivate, degrade or thwart any technological measure or content protections of the Site; (vii) use any robot, spider, crawlers or other automatic device, processes, software that intercepts, “mines,” scrape or otherwise accesses the Site to monitor, extract, copy or collect information or data from or through the Site, or engage in any manual processes to do the same, (viii) introduce any viruses, trojan horses, worms, logic bomb or other materials that are malicious or technologically malicious into the systems, (ix) use the Site in any manner that could damage, disable, overburden or impair the Site, or interfere with any other users’ enjoyment of the Site or (x) access or use the Site in any way not expressly permitted by these Terms of Service. User also agree not to permit or authorize anyone else to do any of the preceding.

Apart from the limited right to use the Site according to these policies, Zestur owns all right, title and interest in and to the Site (including any intellectual property rights therein) and you agree not to take any action(s) inconsistent with such ownership interest. We reserve the rights in connection with the Sites and its content (other than UGC) including, without restriction, the exclusive right to create derivative work.

Feedback Rights

Suppose you provide Zestur with any comments, suggestions or other feedback regarding the Zestur platform or the Site as a whole, as well as other Zestur products or services (collectively, the “Feedback”). In that case, you will be deemed to have granted Zestur an exclusive, royalty-free, fully paid up, perpetual, irrevocable, worldwide ownership right in the Feedback. 

Confidentiality

Sellers must recognize that there might be a need for Buyers to disclose certain confidential data to be used by Sellers for the purpose of delivering the ordered works, and to protect such confidential information from unauthorized use and disclosure. Therefore, Sellers agree to treat any information delivered from Buyers as highly sensitive, secret and classified materials. Without derogating from the protocols of the above, Sellers specifically agree to:

  1. Maintain all such information in strict confidence.
  2. Not publish the information to any third parties.
  3. Not use the security terms for any purpose except for delivering the ordered work.
  4. Not to imitate or reproduce any of the information without the Buyer’s permission.

General Terms

  • Zestur reserves the right to put any account on hold or permanently disable accounts due to breach of these Terms of Service and/or our Community Standards or any illegal or inappropriate use of the Site or services.
  • Violation of Zestur's Terms of Service and/or our Community Standards may get your account disabled permanently.
  • Users with disabled accounts unable to sell or buy on Zestur.
  • Users who have violated our policies and/or our Community Standards and had their account disabled may contact our Customer Support team for more information surrounding the violation and status of the accounts.
  • Users have the choice to enable account Security features to protect their account from any unauthorized usage.
  • Users must verify their account ownership via Customer Support by providing materials that prove ownership of that account.
  • Disputes should be handled using Zestur's dispute resolution tools ('Resolution Center' on the order page) or by contacting Zestur Customer Support.
  • Zestur may make changes to its Terms of Service from time to time. When these changes are made, Zestur will make a new copy of the policies available on this page.
  • You need to understand and agree that if you use Zestur after the date on which the Terms of Service have changed, Zestur will treat your use as acceptance of the updated Terms of Service.

User Generated Content

User Generated Content ("UGC '') means, the content added by users instead of content created by the Site. All content uploaded to Zestur by our users (Buyers and Sellers) is User Generated Content. Zestur might or might not not check user uploaded/created content for appropriateness, copyright issue , trademarks, other significant rights or violations and the user uploading/creating such content shall be completely responsible for it and the results of using, disclosing, storing, or transmitting it. By uploading to, or delivering content on, the Zestur platforms, you represent and warrant that you own or have obtained all rights, licenses, consents, permissions, power and/or authority, necessary to use and/or upload such content and that such content or the use thereof in the Site does not and must not (a) infringe or violate any intellectual properties, proprietary or privacy, data protection or publicity right of any third party; (b) violate any applicable locals, state, federal and international regulations, regulations and conventions; and/or (c) violate any of your or third party’s policies and/or terms of services. We invite you all to report violations together with proof of ownership as appropriate. Reported violating content may be removed or disabled.

Furthermore, Zestur is not responsible for the content, quality or the level of service provided by the Sellers (Pro Sellers, Top Rated Sellers, Promoted Zests sellers are also permitted). We provide no warranty concerning the Zests, their delivery, any communications among Buyers and Sellers. We encourage them to take advantage of our rating systems, communities, and common sense in choosing particular services.

By choosing a service, the Seller undertakes that he/she has sufficient permissions, rights and/or licenses to provide, sell or resell the service offered on Zestur. Sellers advertising online their Zest must comply with laws and terms of service of the advertising platform or relevant site used to advertise. If you fail to do so may result in removal of the Zest, and may lead to the suspension of Seller's account.

It is very important to note, it is our policy in appropriate circumstances to disable and/or cancel the accounts of users who are repeat infringers.

Ownership

Ownership and limitations: When purchasing a Zest on Zestur, unless clearly stated otherwise on the Seller's Zest page/description, when the work is delivered, and subject to payment, the Buyer is granted all intellectual property rights, including but not limited to, copyright in the work delivered from the Seller, and the Seller waives any moral rights therein. Accordingly, the Seller expressly assigns to the Buyers the copyright in the particular work. All transfers and assignment of intellectual property to the Buyer should be subjected to full payment for the Zest, and the delivery may not be used if payment is cancelled for any reason. To clear any doubt, in custom created work (such as art work, design work, report generation etc.), the delivered work and its copyright shall be the exclusive property of the Buyer and, on delivery, the Seller agrees that it thereby, under these Terms and policies, assigns all right, title and interests in and to the delivered work to the Buyers. Some custom Zests accounts might charge additional payments for a Commercial License. Without a commercial license, you can have all the rights you need if you buy Zest for personal use. Suppose you intend to use it for any charge or other consideration, or for any purpose that is directly or indirectly in connection with any business, or other undertaking intended for profit. In specific cases, you will need to buy the Commercial Use License through a ZestMore and will have broader rights that cover your business use.

For Voiceover Zests, when the work is delivered, and subject to payment, the Buyer is purchasing basic rights, (which means the Buyer is paying a one-time fee allowing them to use the work forever and for any purpose except for commercials, radio, television and internet commercial spots). If you intend to use the Voiceover to promote a product and/or service (except paid marketing channels), you will need to purchase the Commercial Rights (Buy-Out) through ZestMore. If you want to use the Voice Over in radio, television and internet commercials, you will need to purchase the Full Broadcast Rights (Buy-Out) through Zest Account. For further information on the type of buy-outs, please read below.

Furthermore, the users (both Buyers and Sellers) agree that unless they explicitly indicate otherwise, the content users voluntarily create/upload to Zestur, including Zest texts, photos, videos, usernames, user photos, user videos and any other information, including the display of delivered work, may be used by Zestur.

Voice Over Commercial Buy-Out

When purchasing a Voice Over Zest, the Seller allows you a permanent, exclusive, non-transferable, worldwide license to use the purchased Voice Over (except for commercial, radio, television and internet commercial spots).

 By purchasing a Commercial Right (Buy-Out) with your orders, in addition to the basic rights, the Seller grants you with a license to use the Voice Overs for any corporate, promotional and non-broadcast reason. Corporate, promotional and non-broadcast purposes refer any business related use to create, or to promote a for-product profit or services (except paid marketing channels), such as (by way of example): explainer videos posted to company websites, social networks or email campaign, audiobooks, podcast intros, and strictly exclude any illegal, immoral or defamatory purposes.

This Buy-Out is subject to Zestur's policies. Moreover, there is no warranty, expressed or implied, with this delivery, including concerning fitness for a particular purpose. Neither the Seller nor Zestur will be liable for any claims, or incidental, consequential or other damages arising out of this license, the delivery or your use of the delivery.

Zest Commercial Use License

By purchasing a “Commercial Use License'' with your Zest Order, the Seller offers

you a permanent, exclusive, and non-transferable license that can be used

worldwide. To negate surplus doubt, the Seller retains all ownership rights.

“Permitted Commercial Purposes' ' means any business-related use, such as (by

way of example) advertising, promotion, creating web pages, integration into

product, software or other business-related tools etc., and strictly excludes

any illegal, immoral or defamatory purpose. This license is bound by Zestur’s

Terms of Service. There is no warranty period, express or implied, for this delivery.

I also include fitness for a specific reason. Neither the Seller nor Zestur

will be liable for any claims or incidental, consequential or other damages

driving through this license.

Disclaimer of Warranties

YOUR USAGE OF THE SITE, ITS CONTENT AND ALL SERVICES OR ITEMS OBTAINED THROUGH THE SITE IS YOUR RESPONSIBILITY. THE PLATFORM, ITS CONTENTS AND ANY SERVICES OR ITEMS GOT THROUGH THE SITE ARE PROVIDED ON AN "AS IS'' AND "AS AVAILABLE" BASIS, WITHOUT ANY WARRANTI OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER ZESTUR NOR ANY PERSON ASSOCIATED WITH ZESTUR MAKES AN WARRANTY OR REPRESENTATION CONCERNING THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY OR AVAILABILITY OF THE SITE.

THE PRECEDING DOES NOT AFFECT ANY WARRANTIES WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

Machine Translation 

The official text is written in English. Any inconsistencies or contrasts made in the interpretation are not restricting and have no legal impact for consistency or implementation purposes. If any questions emerge identified with the exactness of the data contained in the translated content, kindly allude to the English version of the content, which is the official version.

Limitation on Liability

IN NO EVENT WILL ZESTUR, ITS AFFILIATES OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE SITE, ANY WEBSITES LINKED TO IT, ANY CONTENT ON THE PLATFORM OR SUCH OTHER WEBSITES OR ANY SERVICES OR ITEMS GOT THROUGH THE SITE OR SUCH OTHER SITES, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DISPUTES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESSESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR EXPECTED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT OR OTHERWISE, EVEN IF FORESEEABLE.

THE PRECEDING DOES NOT AFFECT ANY LIABILITY WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.