Terms of Service | ShroomID

This Terms of Service is a contract entered into by and between You (“you” or “User”) and ZH Creations, LLC (“ZH Creations”, “We” or “us”) and our affiliates, to the extent expressly stated. These terms and conditions (together with our Privacy Policy, the “Terms of Service” or “Terms”) govern your access to and use of https://shroom.id/ (“Website”), our ShroomID iOS App and Android mobile application (“App”) and any software, application, content, functionality, and services (collectively, the “Services”) offered by us, whether as a guest or registered user.

Please read the Terms of Service carefully before you start to use our App or access our Services. This agreement is an electronic contract that sets out legally binding terms. These Terms will remain in full force and effect while You use the Services. By using our App and Services, you accept and agree to be bound and abide by these Terms.

IF YOU DO NOT ACCEPT AND AGREE TO BE BOUND BY ALL OF THE TERMS WITHIN THIS TERMS OF SERVICE OR YOU DO NOT MEET OR COMPLY WITH ITS PROVISIONS, DO NOT USE OUR APP OR OUR SERVICES.

Age restrictions

The Services are intended for users 18 and older. By accessing or using the Services, You represent and warrant that you are at least eighteen (18) years old and that you possess the legal right and ability to enter into this Terms of Service and to use the Services in accordance with these Terms. If you are not at least 18 years old, you must not use the Services.

Disclaimer

Our Services are for informational purposes only. While we make every effort to ensure our Service is accurate, ZH Creations does not warrant or make any representations, and disclaims any liability concerning the accuracy, likely results, safety, or reliability of any material identified through the App or any information contained on the Service.

Many mushrooms, fungi, plants, berries, and flora may be poisonous and consumption of such items may lead to adverse health effects, including allergic reactions, serious injury or death. Never consume any substance you are not absolutely sure is edible. You should consult your local mycological expert before interacting with any mushroom. By using our Services, you agree and acknowledge that ZH Creations is not liable for any claim, including for injury or death, related to you or any third party’s consumption of or interaction with any mushroom or other material located on or identified through the Services.

ZH CREATIONS DOES NOT ADVISE, RECOMMEND, OR ENDORSE IN ANY WAY THE CONSUMPTION OF ANY MUSHROOM OR ANY OTHER MATERIAL IDENTIFIED OR LOCATED THROUGH OUR SERVICES. YOUR USE OF OUR SERVICES IS AT YOUR OWN RISK.

Changes to Terms of Service

We may revise and update these Terms of Service from time to time in our sole discretion by posting a revised version on the Website and App. All changes are effective immediately when we post them. ZH Creations may provide reasonable notice of any material changes, determined at our sole discretion, by posting the updated Terms of Service on the Website and App, and emailing our registered users. Any revisions to the Terms of Service will take effect on the noted Effective Date, located at the top of these Terms.

You understand that your continued use of the Services following the Effective Date, means that you accept and agree to be bound by these Terms of Service. If you do not accept the Terms of Service in its entirety, you must not access or use the Services after the Effective Date.

About ShroomID

ShroomID enables you to identify mushrooms, berries, and plants of all kinds. Using our proprietary technology, we can determine species/genus/family based off pictures uploaded from your phone.

User accounts

You may register for a user account (“Account”) on the App or Website. Registered users will be able to access the full array of features, including the ability to identify mushrooms, berries, vegetables, and other flora found on our platform. In order to register an Account, you will be asked to provide registration information, including your username and email address, when signing up for an Account.

You are responsible for maintaining the security and confidentiality of your Account information, including your password. You agree that you are solely responsible for any and all losses incurred by us or any other user or visitor to the Services due to someone else using your Account as a result of your failing to keep your account information secure and confidential. You acknowledge that ZH Creations is not responsible for third-party access to Your account information or personal information that results from voluntary distribution or theft or misappropriation of Your username or password or personal information. It is a condition of your use of the Services that all the information you provide on your Account will be correct, current, and complete.

User content

Once you have registered an Account, you may be able to update your interests, upload photographs, and otherwise post content (“User Content”) on ShroomID. Your submission of User Content is subject to our User Content standards, below. User Content may be visible to all users on ShroomID as well as members of the public. By providing any User Content on ShroomID, you grant us and our affiliates, service providers, licensees, successors, and assigns a irrevocable, non-exclusive, royalty free, fully paid-up, perpetual, worldwide right and license to use, copy, store, perform, display, reproduce, record, play, adapt, modify and distribute the User Content, (ii) prepare derivative works of the User Content or incorporate the User Content into other works, and (iii) grant and authorize sublicenses of the foregoing in any media now known or hereafter created. Our license to your User Content is subject to your rights under applicable law (for example laws regarding personal data protection to the extent any User Content contains personal information as defined by those laws) and is for the limited purpose of operating, developing, providing, and improving the Service and researching and developing new ones.

User Content Standards

We strive to make ShroomID an informative and enjoyable experience for everyone. We do this, in part, by maintaining and enforcing our User Content Standards. These User Content Standards apply to any User Content of yours, including, but not limited to, any photographs you upload and any messages you send through ShroomID.

All User Content MUST NOT:

Contain any material that is defamatory, obscene, indecent, abusive, offensive, harassing, violent, hateful, inflammatory, or otherwise objectionable.
Promote, encourage, endorse, or in any way suggest the consumption or unsafe use of mushrooms and plants.
Promote any illegal activity, or advocate, promote, or assist any unlawful act.
Infringe any patent, trademark, trade secret, copyright, or other intellectual property or other rights of any other person.

To ensure our Content Standards, We have the right to:

Remove or refuse to post any User Content for any or no reason in our sole discretion.
Take any action with respect to any User Content that we deem necessary or appropriate in our sole discretion.
Disclose your identity or other information about you to any third party who claims that material posted by you violates their rights, including their intellectual property rights or their right to privacy.
Take appropriate legal action, including without limitation, referral to law enforcement, for any illegal or unauthorized use of the App.
Terminate or suspend your access to all or part of the App for any or no reason, including without limitation any violation of these Terms of Use.

Because We cannot control what users may post, We are not responsible or liable to you or any third party for any User Content posted by you or any users on the Service. User Content is the sole responsibility of the user who posts it and ZH Creations cannot guarantee that all User Content will comply with these Terms. Please let us know of any violations of our Content Standards or these Terms by contacting us at: support@shroom.id

Subscription plan

ShroomID lets you identify three times per day for free. Additional identifications require a subscription plan (“Plan”). If you purchase a Plan, you may make unlimited identifications on the App.

In-app purchases

ShroomID may offer products and services for purchase (“in app purchases”) through iTunes, Google Play, carrier billing, other payment platforms authorized by ZH Creations. If you choose to make an in app purchase, you will be prompted to confirm your purchase with the applicable payment provider, and your method of payment (be it your card or a third party account such as Google Play or iTunes) (your “Payment Method”) will be charged at the prices displayed to you for the service(s) you’ve selected as well as any sales or similar taxes that may be imposed on your payments, and you authorize ShroomID or the third party account, as applicable, to charge you.

Automatic Renewal

If you purchase an auto-recurring periodic subscription, your Payment Method will continue to be billed for the subscription until you cancel. After your initial subscription commitment period, and again after any subsequent subscription period, your subscription will automatically continue for an additional equivalent period, at the price you agreed to when subscribing. If you do not wish your subscription to renew automatically, or if you want to change or terminate your subscription, you will need to log in to your third party account (or Account Settings on ShroomID) and follow instructions to cancel your subscription, even if you have otherwise deleted your account with us or if you have deleted the App from your device. Deleting your account on ShroomID or deleting the ShroomID application from your device does not cancel your subscription; ShroomID will retain all funds charged to your Payment Method until you cancel your subscription on ShroomID and/or the third party account, as applicable. If you cancel your subscription, you may use your subscription until the end of your then-current subscription term, and your subscription will not be renewed after your then-current term expires.

Refunds

Generally, all charges for purchases are nonrefundable, and there are no refunds or credits for partially used periods. We may make an exception if a refund for a subscription offering is requested within fourteen days of the transaction date, or if the laws applicable in your jurisdiction provide for refunds.

For subscribers residing in Arizona, California, Connecticut, Illinois, Iowa, Minnesota, New York, North Carolina, Ohio and Wisconsin, the terms below apply:

You may cancel your subscription, without penalty or obligation, at any time prior to midnight of the third business day following the date you subscribed. In the event that you die before the end of your subscription period, your estate shall be entitled to a refund of that portion of any payment you had made for your subscription which is allocable to the period after your death. In the event that you become disabled (such that you are unable to use the services of ShroomID) before the end of your subscription period, you shall be entitled to a refund of that portion of any payment you had made for your subscription which is allocable to the period after your disability by providing ShroomID notice in the same manner as you request a refund as described below.

To request a refund:

If you subscribed using your Apple ID, refunds are handled by Apple, not ShroomID. To request a refund, go to iTunes, click on your Apple ID, select “Purchase history,” find the transaction and hit “Report Problem”. You can also submit a request at https://getsupport.apple.com.

If you subscribed using your Google Play Store account or through ShroomID directly: please contact customer support with your order number for the Google Play Store (you can find the order number in the order confirmation email or by logging in to Google Wallet) or ShroomID (you can find this on your confirmation email).

Prohibited uses

You may use our Services only for lawful purposes as an individual seeking a relationship in accordance with these Terms of Service. You agree NOT to use the App or Services:

In any way that violates any applicable federal, state, local, or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from the US or other countries).
For the purpose of exploiting, harming, or attempting to exploit or harm minors in any way by exposing them to inappropriate content, asking for personally identifiable information, or otherwise.
To send, knowingly receive, upload, download, use, or re-use any material that does not comply with these Terms of Service.
To transmit, or procure the sending of, any advertising or promotional material, including any "junk mail," "chain letter," "spam," or any other similar solicitation.
To impersonate or attempt to impersonate ZH Creations, a ZH Creations employee, another user, or any other person or entity (including, without limitation, by using email addresses or account names associated with any of the foregoing).
To engage in any other conduct that restricts or inhibits anyone's use or enjoyment of the Services, or which, as determined by us, may harm ZH Creations or users of the Services, or expose them to liability.

Additionally, you agree not to:

Use the Services in any manner that could disable, overburden, damage, or impair the App or interfere with any other party's use of the Services, including their ability to engage in real time activities through the Services.
Use any robot, spider, or other automatic device, process, or means to access the Services for any purpose, including monitoring or copying any of the material on the Services.
Use any manual process to monitor or copy any of the material on the Services, or for any other purpose not expressly authorized in these Terms of Service, without our prior written consent.
Use any device, software, or routine that interferes with the proper working of the App, including any viruses, Trojan horses, worms, logic bombs, or other material that is malicious or technologically harmful.
Attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of the Services, the server on which the App is stored, or any server, computer, or database connected to the Services.
Otherwise attempt to interfere with the proper working of the Services.
Use the App or Service to encourage, promote, facilitate, or instruct others to engage in illegal activity.
"Frame" or "mirror" any part of the Service or App, without the ZH Creations's prior written authorization.

Terms of Service violations and termination

Any violation of these Terms of Service shall result in immediate account termination without prior warning to you and without refund applied to your Account. Additionally, any violation of these restrictions may further subject you to liability for violation of ZH Creations's intellectual property rights and further claims and damages. We may choose to suspend or terminate your Account or ability to access or use the Services at any time, for any or no reason, at our sole discretion, and without notice, refund, or liability of any kind. You agree that any violation by you of these Terms of Service will constitute an unlawful and unfair business practice, and will cause irreparable harm to us, for which monetary damages would be inadequate; and you consent to our obtaining any injunctive or equitable relief that we deem necessary or appropriate in such circumstances. These remedies are in addition to any other remedies we may have at law or in equity.

You may terminate these Terms at any time and for any reason by deleting your Account and discontinuing your use of all Services. You may delete your Account by accessing your Account settings on the App or by contacting us at: support@shroom.id. If you delete your Account, ZH Creations may still retain certain information associated with your account for analytical purposes and record-keeping integrity, as well as to prevent fraud, collect any fees owed, enforce our terms and conditions, take actions we deem necessary to protect the integrity of our Services and our users, or take other actions otherwise permitted by law. As well, if certain information has already been provided to third parties as described in our Privacy Policy, retention of that information will be subject to those third parties’ policies.

Intellectual property rights

The Services and its entire contents, features, and functionality (including but not limited to the, Website, software, App, text, displays, images, video, and audio, and the design, selection, and arrangement thereof) are owned by the ZH Creations, its licensors, or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.

ZH Creations hereby grants you a non-exclusive, non-transferable, non-sublicensable, limited, revocable license to access and use the Service for your personal, non-commercial use on one compatible device, in accordance with the terms set forth in this Terms of Service and any applicable App store Terms. You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the material on our Services except as permitted by this Terms of Service. Further you must not use the Services for any other purposes intended to benefit a party other than you.

The ZH Creations and ShroomID name, logo, trademarks and all related names, logos, product and service names, designs, and slogans are trademarks of ZH Creations or its affiliates or licensors. You must not use such marks without the prior written permission of ZH Creations. All other names, logos, product and service names, designs, and slogans on this Services are the trademarks of their respective owners.

If you believe the material contained within the Services violates your intellectual property rights, please contact ZH Creations at: support@shroom.id.

Third-party content, advertisements and promotions

The Services may contain links to third-party products or services, which may be posted by advertisers, our affiliates, our partners, or other users (“Third-Party Content”). Third-Party Content is not under our control, and we are not responsible for any of their products or services. Your use of Third-Party Content is at your own risk and you should make any investigation you feel necessary before proceeding with any transaction in connection with such Third-Party Content.

The Services may also contain sponsored Third-Party Content or advertisements. The type, degree, and targeting of advertisements are subject to change, and you acknowledge and agree that we may place advertisements in connection with the display of any content or information on the Services.

Warranty disclaimers

THE SERVICES ARE FOR INFORMATIONAL PURPOSES ONLY. YOUR USE OF SERVICES IS AT YOUR OWN RISK
ZH CREATIONS MAKES NO GUARANTEES REGARDING THE ACCURACY OR RELIABILITY OF THE SERVICE. ZH CREATIONS DOES NOT PROMISE ANY SPECIFIC RESULTS FROM THE USE OF THE SERVICE.
ZH CREATIONS IS NOT RESPONSIBLE FOR THE CONDUCT OF ANY KIND, WHETHER ONLINE OR OFFLINE, OF ANY USER OF THE APP. ZH CREATIONS IS NOT RESPONSIBLE FOR: ANY LOSS OR DAMAGE, INCLUDING PERSONAL INJURY OR DEATH, RESULTING FROM ANYONE’S USE OF THE SERVICE; ANY CONTENT, INCLUDING USER CONTENT, POSTED ON THE SERVICE; OR ANY INTERACTION OR CONTACT BETWEEN USERS OF THE SERVICE, WHETHER ONLINE OR OFFLINE.
WE PROVIDE THE SERVICES "AS IS" AND “AS AVAILABLE” WITHOUT ANY REPRESENTATION OR WARRANTY, EXPRESS, IMPLIED, OR STATUTORY. WE SPECIFICALLY DISCLAIM ANY IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WITHOUT LIMITING THE FOREGOING, WE DO NOT REPRESENT OR WARRANT THAT THE SERVICES WILL BE ACCESSIBLE WITHOUT INTERRUPTION OR THAT THE SERVICES, ANY CONTENT FROM THE WEBSITE, OR THE SERVER THAT MAKES THIS SERVICES AVAILABLE ARE FREE FROM ERRORS, DEFECTS, DESIGN FLAWS, OMISSIONS, VIRUSES, OR OTHER HARMFUL COMPONENTS. SOME STATES DO NOT ALLOW THE DISCLAIMER OF IMPLIED WARRANTIES, IN WHICH CASE PORTIONS OF THIS DISCLAIMER MAY NOT APPLY TO YOU.
FROM TIME TO TIME, ZH CREATIONS MAY MAKE THIRD-PARTY OPINIONS, ADVICE, STATEMENTS, OFFERS, OR OTHER THIRD-PARTY INFORMATION OR CONTENT AVAILABLE ON THE APP, WEBSITE AND/OR THROUGH THE SERVICE. ALL THIRD-PARTY CONTENT IS THE RESPONSIBILITY OF THE RESPECTIVE AUTHORS THEREOF AND SHOULD NOT NECESSARILY BE RELIED UPON. SUCH THIRD-PARTY AUTHORS ARE SOLELY RESPONSIBLE FOR SUCH CONTENT. ZH CREATIONS DOES NOT: (I) GUARANTEE THE ACCURACY, COMPLETENESS, OR USEFULNESS OF ANY THIRD-PARTY CONTENT ON THE APP, WEBSITE OR PROVIDED THROUGH THE SERVICE, OR (II) ADOPT, ENDORSE OR ACCEPT RESPONSIBILITY FOR THE ACCURACY OR RELIABILITY OF ANY OPINION, ADVICE, OR STATEMENT MADE BY ANY PARTY THAT APPEARS ON THE APP, WEBSITE OR SERVICE. UNDER NO CIRCUMSTANCES WILL ZH Creations OR ITS AFFILIATES OR SUBSIDIARIES BE RESPONSIBLE OR LIABLE FOR ANY LOSS OR DAMAGE RESULTING FROM YOUR RELIANCE ON INFORMATION OR OTHER CONTENT POSTED ON THE APP, WEBSITE OR SERVICE OR TRANSMITTED TO OR BY ANY USERS.

Limitation of liability

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL WE BE LIABLE, WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE, WHETHER ACTIVE, PASSIVE, OR IMPUTED), PRODUCT LIABILITY, STRICT LIABILITY, OR OTHER THEORY, TO YOU OR ANY OTHER PERSON FOR ANY DAMAGES FOR LOSS OR CORRUPTION OF DATA OR PROGRAMS, DAMAGES (INCLUDING, WITHOUT LIMITATION, ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE, OR CONSEQUENTIAL DAMAGES), ARISING OUT OF OR IN CONNECTION WITH ANY USE OF, THE INABILITY TO USE, OR THE RESULTS OF USE OF THE SERVICES, INCLUDING ANY MOBILE APPLICATION, WEBSITE OR ITS CONTENT, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS PROHIBIT THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN WHICH CASE PORTIONS OF THIS LIMITATION MAY NOT APPLY TO YOU. IN NO EVENT WILL WE BE LIABLE OR RESPONSIBLE FOR ANY ERRORS OR OMISSIONS IN THE CONTENT OF THE SERVICES, INCLUDING, WITHOUT LIMITATION, ERRORS IN PRICING OR AVAILABILITY OF SERVICES AND PRODUCTS, OR DAMAGES THAT MAY RESULT FROM MISREPRESENTATION OF AGE BY A USER OF THE SERVICES. IN NO EVENT WILL ZH CREATIONS TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES OR CAUSES OF ACTION EXCEED THE AMOUNT YOU HAVE PAID ZH CREATIONS IN THE LAST SIX (6) MONTHS, OR, IF GREATER, FIFTEEN DOLLARS ($15).
ZH CREATIONS SPECIFICALLY DISCLAIMS ALL LIABILITY, DAMAGES, PERSONAL INJURIES AND OTHER LIABILITY OF ANY KIND OR NATURE WHATSOEVER, WHETHER DIRECT, INDIRECT, GENERAL, SPECIAL, COMPENSATORY, CONSEQUENTIAL, AND/OR INCIDENTAL, ARISING OUT OF, OR RELATING TO, YOUR: USER CONTENT, FINANCIAL DATA, OR ANY OTHER DATA YOU SUBMIT TO ZH CREATIONS, INCLUDING THE LOSS OR UNAUTHORIZED ACCESS BY A THIRD PARTY OF ANY SUCH DATA; DAMAGE TO YOUR COMPUTER SYSTEM, INTERNET ACCESS, DOWNLOAD OR DISPLAY DEVICE; OR LOSS OR CORRUPTION OF DATA THAT RESULTS OR MAY RESULT FROM THE DOWNLOAD OF ANY MATERIAL DOWNLOADED OR OBTAINED THROUGH THE SERVICE. IF YOU DO NOT ACCEPT THIS LIMITATION OF LIABILITY, YOU ARE NOT AUTHORIZED TO DOWNLOAD OR OBTAIN ANY MATERIAL THROUGH THE SERVICE.
YOU SPECIFICALLY ACKNOWLEDGE AND AGREE THAT ZH CREATIONS IS NOT LIABLE FOR YOUR DEFAMATORY, OFFENSIVE, INFRINGING OR ILLEGAL MATERIALS OR CONDUCT OR THAT OF THIRD PARTIES, AND WE RESERVE THE RIGHT TO REMOVE SUCH MATERIALS FROM THE SERVICE WITHOUT LIABILITY OR NOTICE TO YOU.
THE LIMITATION OF LIABILITY PROVISIONS SET FORTH IN THIS SECTION SHALL APPLY EVEN IF YOUR REMEDIES UNDER THIS AGREEMENT FAIL WITH RESPECT TO THEIR ESSENTIAL PURPOSE.

Indemnification

You agree to indemnify and hold ZH Creations, its parents, subsidiaries, affiliates, any related companies, suppliers, licensors and partners, and the officers, directors, employees, agents and representatives of each of them harmless, including costs, liabilities and legal fees, from any claim or demand made by any third party due to or arising out of (i) your access to or use of the Services, (ii) any violation of these Terms of Service (including negligent or wrongful conduct) by you, or (iii) the infringement by you, or any third party using your account, of any intellectual property or other right of any person or entity. In states where the law does not recognize a cap on liability and/or indemnity obligations, you agree to hold harmless ZH Creations and be fully responsible for any loss, liability and/or legal fees that arise from the violation of the Terms of Service herein.

Governing law

These Terms of Service and any claim arising out of these Terms will be governed by and construed in accordance with the laws of the State of New Jersey.

Survival

After this Terms of Service terminates, the terms of this agreement that expressly or by their nature contemplate performance after termination or expiration will survive and continue in full force and effect. For example, the provisions protecting intellectual property, indemnification, payment of fees, and setting forth limitations of liability each, by their nature, contemplate performance or observance after this Terms of Service terminates. Without limiting any other provisions of the Terms of Service, the termination of these Terms for any reason will not release you from any obligations incurred prior to termination of the Terms or that thereafter may accrue in respect of any act or omission prior to such termination.

Assignability

You may not assign the Terms of Service, or any of its rights or obligations hereunder, without ZH Creations’s prior written consent in the form of a written instrument signed by a duly authorized representative of ZH Creations. ZH Creations may freely assign this Terms of Service without the User's consent. Any attempted assignment or transfer in violation of this subsection will be null and void. Subject to the foregoing restrictions, the Terms of Service are binding upon and will insure to the benefit of the successors, heirs, and permitted assigns of the parties.

Waiver and severability

No waiver by ZH Creations of any term or condition set out in these Terms of Service shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of ZH Creations to assert a right or provision under these Terms of Service shall not constitute a waiver of such right or provision.

If any provision of these Terms of Service is held by a court or other tribunal of competent jurisdiction to be invalid, illegal, or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms of Service will continue in full force and effect.

Access of the site outside the United States

Given the global nature of the Internet, you agree to comply with all local rules, including, without limitation, rules about the Internet, data, email, privacy, copyright and trademark infringement. Additionally, you agree to comply with all applicable laws regarding the transmission of technical data exported from the United States or the country in which you reside.

In order to access or use the Services, you must and hereby represent that you are not: (a) a citizen or resident of a geographic area in which access to or use of the Services is prohibited by applicable law, decree, regulation, treaty, or administrative act; (b) a citizen or resident of, or located in, a geographic area that is subject to U.S. or other sovereign country sanctions or embargoes; or (c) an individual, or an individual employed by or associated with an entity, identified on the U.S. Department of Commerce Denied Persons or Entity List, the U.S. Department of Treasury Specially Designated Nationals or Blocked Persons Lists, or the U.S. Department of State Debarred Parties List or otherwise ineligible to receive items subject to U.S. export control laws and regulations or other economic sanction rules of any sovereign nation. You agree that if your country of residence or other circumstances change such that the above representations are no longer accurate, that you will immediately cease using the Services and your license to use the Services will be immediately revoked.

In connection with the Terms of Service, you may be entitled to receive certain records from ZH Creations or our Affiliates, such as contracts, notices, and communications, in writing. To facilitate your use of the Services, you give us permission to provide these records to you electronically instead of in paper form.

Litigation and arbitration

Arbitration is the submission of a dispute to an unbiased third party designated by the parties to the controversy, who agree in advance to comply with the ruling, decisions, award or judgment after a hearing at which all parties to the controversy have an opportunity to be heard. YOU AND ZH Creations AGREE THAT WE ARE EACH GIVING UP OUR RIGHT TO GO TO COURT in connection with any Dispute (defined below), and that our rights will be determined by a NEUTRAL ARBITRATOR, NOT A JUDGE OR JURY.
You and ZH Creations agree that any disputes arising out of, or related to, the App, the Service, this Agreement and/or any policies or practices of ZH Creations (a “Dispute”) will be subject to FINAL AND BINDING ARBITRATION. Notwithstanding the above, ZH Creations is always interested in attempting to resolve any Disputes by amicable and informal means, and we encourage You to contact us at support@shroom.id before resorting to arbitration.
YOU AND ZH CREATIONS ACKNOWLEDGE THAT NEITHER OF US WILL BRING OR PARTICIPATE IN ANY CLASS ACTION OR OTHER CLASS PROCEEDING IN CONNECTION WITH ANY DISPUTE WITH THE OTHER PARTY. Further, neither You nor ZH Creations agrees to class arbitration or any arbitration where a person brings a dispute as a representative of other person(s).
You agree that ZH Creations may bring actions on its users’ behalf, including you, where its rights may be implicated.
If the parties are unable to resolve a Dispute by informal means, the arbitration of Disputes will be administered by a third-party arbitrator not affiliated with ZH Creations, in accordance with commercial arbitration rules, and if deemed appropriate by the arbitrator, any supplementary procedures for consumer disputes.
Any proceeding to enforce this arbitration agreement, including any proceeding to confirm, modify, or vacate an arbitration award, may be brought in any court of competent jurisdiction. In the event that this arbitration agreement is for any reason held to be unenforceable, any litigation against ZH Creations (except for small-claims court actions) may be commenced only in the federal or state courts located in New Jersey. You hereby irrevocably consent to the jurisdiction of and venue in those courts for such purposes.
Regardless of any statute or law to the contrary, and to the maximum extent permitted by applicable law, any Dispute must be filed within one (1) year after the date in which the incident giving rise to the Dispute occurred. Failure to file an arbitration claim as described above within the applicable limitation period constitutes a waiver of such claim and serves as a complete bar to any claim based on any Dispute.
This Agreement, and any Dispute between You and ZH Creations, excepting E.U.-U.S. and Swiss-U.S. privacy disputes as noted above, shall be governed by the laws of the state of New Jersey without regard to principles of conflicts of law, provided that this arbitration agreement shall be governed by the Federal Arbitration Act.
If You access or use the Service from outside the United States, You waive all rights under the laws and regulations of the territory from which You access or use the Service. Regardless of whether You access or use the Service from outside the United States, all Disputes shall be resolved in the United States as described above.
You have the right to opt out of binding arbitration within thirty (30) days of the date You first accepted the terms of this Section by emailing support@shroom.id. In order to be effective, the opt-out notice must include Your full name and clearly indicate Your intent to opt out of binding arbitration. By opting out of binding arbitration, You are agreeing to resolve Disputes in accordance with the choice or law, forum and venue provisions herein.
Any claim under this Agreement, whether arbitrated or not, are governed by New Jersey law and may be brought only in the state or federal courts in New Jersey.

Entire agreement

This Terms of Service, constitute the sole and entire agreement between you and ZH Creations and supersedes all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, to the extent they relate in any way to the Services.

Contact information

For questions or concerns related to these Terms, please contact us at: support@shroom.id