Zygone™ Company Terms of Use Agreement
The zygone.net website (the “Site”) is owned and operated by the ZyGone™ Company, (the “Company”). The Terms of Use (“Terms of Use”) set forth the terms and conditions under which you are authorized to use the Site. To the extent that rules and guidelines affecting your use of the Site are found elsewhere on other pages of the Site, those rules and guidelines are hereby incorporated by reference into these Terms of Use. By using this Site, you (hereinafter either “you” or “user”) agree to these Terms of Use. If you do not agree with these Terms of Use, you should immediately cease all usage of this Site. Company reserves the right, at any time, to modify, alter, or update these Terms of Use without prior notice. You are encouraged to check the Site regularly for changes to the Terms of Use. Modifications shall become effective immediately upon being posted on the Site without further notice to you. Your continued use of the Site after such modifications are posted constitutes an acknowledgement and acceptance of such modification(s). Except as provided in this paragraph, these Terms of Use may not be amended.
1. Description of Service. Our Site features a wide array of intellectual property including, without limitation, descriptions, upgrades, modifications, as well as news, information, audio, video, and user-generated content about the ZyGone™ product and line of products (collectively “Content”). To the extent new Content, services or features are added to the Site in the future, the use thereof is subject to these Terms of Use as well.
2. Eligibility. Use of the Site and registration to be a User is void where prohibited. By using the Site, you represent and warrant that (a) all registration information you submit is truthful and accurate; (b) you will maintain the accuracy of such information; (c) you are 13 years of age or older; and (d) your use of the Site does not violate any applicable law or regulation.
3. Term. These Terms of Use and any revision thereto shall remain in full force and effect while you use the Site.
4. Privacy Policy. Our Privacy Policy describes information we collect when you and others use this Site as well as how we use such information and some of the steps we take to protect your privacy. Our Privacy Policy is part of these Terms of Use. By agreeing to these Terms of Use, you are also consenting to our use of your Personal Information in accordance with our Privacy Policy.
5. Disclaimer of Warranties and Limitation of Liability.
TO THE FULLEST EXTENT PERMITTED BY LAW, COMPANY EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.
YOU EXPRESSLY UNDERSTAND AND AGREE THAT YOUR USE OF THIS SITE IS AT YOUR SOLE RISK. THIS SITE AND ALL CONTENT, PRODUCTS AND SERVICES OFFERED THROUGH THIS SITE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. COMPANY IS NOT RESPONSIBLE FOR THE TIMELINESS OF DELIVERY OF CONTENT, ANY FAILURES OF DELIVERY, OR ERRONEOUS DELETION OR FAILURE TO STORE ANY OF YOUR PERSIONAL SETTINGS OR COMMUNICATIONS.
UNDER NO CIRCUMSTANCES WILL COMPANY, ITS SPONSORS, CONTENT PROVIDERS, SERVICE PROVIDERS, OR LICENSORS, NOR ITS OR THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES OR AGENTS BE LIABLE TO YOU OR ANY PERSON OR ENTITY CLAIMING THROUGH YOU FOR ANY LOSS, INJURY, LIABILITY, DAMAGE, OR DAMAGES ARISING OUT OF OR IN CONNECTION WITH YOUR ACCESS TO, USE OF, INABILITY TO USE, OR RELIANCE UPON THIS SITE OR ANY CONTENT, PRODUCT, OR SERVICE PROVIDED TO YOU THROUGH OR IN CONNECTION WITH THIS SITE. THIS IS A COMPREHENSIVE LIMITATION OF LIABILITY THAT APPLIES TO ALL LOSSES AND DAMAGES OF ANY KIND WHATSOEVER, WHETHER DIRECT OR INDIRECT, GENERAL, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY OR OTHERWISE, INCLUDING WITHOUT LIMITATION, LOSS OF DATA, GOODWILL, REVENUE, OR PROFITS. THIS LIMITATION OF LIABILITY APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, NEGLIGENCE, TORT, STRICT LIABILITY, OR ANY OTHER BASIS; EVEN IF AN AUTHORIZED REPRESENTATIVE OF COMPANY HAS BEEN ADVISED OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES; AND WITHOUT REGARD TO THE SUCCESS OR EFFECTIVENESS OF OTHER REMEDIES.
IF ANY PART OF THIS LIMITATION OF LIABILITY IS FOUND TO BE INVALID, ILLEGAL, OR UNENFORCIBLE FOR ANY REASON, THEN THE AGGREGATE LIABILITY OF COMPANY ITS SPONSORS, CONTENT PROVIDERS, SERVICE PROVIDERS, AND LICENSORS, AND ITS AND THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AND AGENTS, UNDER SUCH CIRCUMSTANCES TO YOU OR ANY PERSON OR ENTITY CLAIMING THROUGH YOU FOR LIABILITIES THAT OTHERWISE WOULD HAVE BEEN LIMITED WILL NOT EXCEED ONE HUNDRED DOLLARS.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE EXCLUSION OF LIABILITY FOR CERTAIN TYPES OF DAMAGES. ACCORDINGLY, SOME OF THE ABOVE DISCLAIMERS OF WARRANTIES AND LIMITATION OF LIABILITY MAY NOT APPLY TO YOU.
6. Indemnification. You agree to indemnify and hold Company, its subsidiaries, affiliates, officers and employees, harmless from any claim or demand, including reasonable attorneys’ fees and costs, made by any third party due to or arising out of your use of the Site, including, without limitation, your actual or alleged violation of these Terms of Use, or infringement of a third party’s intellectual property or other rights by you or another user of the Site using your computer or account.
7. Modification and Interruption to the Site. Company reserves the right to modify or discontinue all or any portion of the Site with or without notice to you. Company shall not be liable to you or any third party should Company exercise such right. You acknowledge and accept that Company does not guarantee continuous, uninterrupted or secure access to the Site, that operation of the Site will not be uninterrupted or error-free, and that usage of our Site may be interfered with or adversely affected by numerous factors or circumstances outside of our control.
8. Third-Party Sites. Our Site may include links to other sites on the Internet that are owned and operated by online merchants and other third parties. You hereby acknowledge that Company is not responsible for the availability of, or the content on or through, any third-party site(s). You should contact the site administrator or webmaster for those third-party sites if you have any concerns regarding such links or the content located on such sites. Your use of those third-party sites is subject to the terms of use and privacy policies of each site and Company is not responsible therefor. We encourage our users to review the terms of use and privacy policies of third-parties’ sites.
9. Your Obligations. As a condition of your right to use this Site, you represent that you are of legal age to enter into a contract and that you are not a person barred from visiting the Site and accessing the Content under the laws of the United States or any other country. If you wish to register on our Site, you hereby agree to provide accurate, current, and complete personal data and information about yourself (such as name, age, E-mail address, etc.) as required by the applicable Company registration form. You hereby further agree that you will update such data to keep it accurate, current, and complete. Company reserves the right to suspend or terminate your use of the Site if it discovers, or has a reasonable basis to believe that any of the data you have provided is inaccurate, incomplete, or untrue.
If you obtain a username and password from this Site, you may not share your username and password with any other person or authorize any other person to use your username and password. You are responsible for maintaining the confidentiality of your username and password and you are fully responsible for all activities that occur under your username and password. You agree to notify Company immediately of any known or suspected unauthorized use of your username and password or any other breach of security that you are aware of or suspect. Company cannot and will not be liable for any loss or damage arising from your failure to protect the confidentiality of your username and password.
If you are the parents of children under the age of 13, and you wish to allow your children access to the Site, you will be required to certify the following:
(1) that you are at least 18 years old,
(2) that you are the parent or legal guardian of the child/children desiring access to the Site,
(3) that you are aware of the Content on the Site, and
(4) that you consider the Content on the Site to be appropriate for your children and/or charges.
You are reminded that as your child’s legal guardian, you are responsible for determining whether or not any of the Content on the Site is, or is not, appropriate for your child.
10. User-Submitted Content and User Conduct; Prohibited Content/Activity. Any Content uploaded, posted, or otherwise made available by individual users of the Site, including, without limitation, classified ads, postings of or on message boards or blogs, or other content which does not originate with Company (hereinafter “User Content”), is the sole responsibility of the person who made such User Content available on the Site. Under no circumstances will Company be liable in any way for any User Content made available through this Site by you or any third party.
You hereby understand and agree that since Company does not control the User Content posted on the Site, Company cannot and does not warrant and/or guarantee the truthfulness, integrity, suitability, or quality of that User Content. You hereby further understand and agree that by accessing the Site, you may encounter Content or User Content that you may consider to be obscene, improper, or, for other reasons, deemed objectionable. Company has no responsibility for any User Content, including, without limitation, any errors or omissions therein. Company is not liable for any loss or damage of any kind that any user may claim was incurred as a result of any Content posted, E-mailed, transmitted, or otherwise made available on the Site, whether by Company, individual users of the Site, or third party contractors or licensors of Company.
You hereby expressly agree that you will not use the Site to transmit or make available any Content that:
(1) Violates any laws, contains any threats, is abusive tortuous, harassing, vulgar, obscene, violates any person’s rights of privacy or publicity, is defamatory, libelous, hateful, contains any disparaging remarks, statements or opinions regarding racial, gender or ethnic background, or is otherwise objectionable.
(2) Infringes any intellectual property rights of any party, including, but not limited to, any patent, trademark, trade secret, copyright, or other such proprietary rights.
(3) Contains any private information about an identifiable person without that person’s permission, or contains any content soliciting any personal or private information from any individual under the age of 18.
(4) You know or have reason to know is false, misleading, or fraudulent.
(5) You do not have the right to make available under any law or under contractual or fiduciary relationships (such as inside information or proprietary information learned or disclosed as part of employment relationships or under nondisclosure agreements).
(6) Contains forged headers or employs other techniques whose purpose is to disguise the origin of the Content submitted.
(7) Contains any unauthorized or unsolicited advertising, promotional materials, or material which can be characterized as “junk mail,” “spam,” “chain letters,” “pyramid schemes,” “Ponzi schemes,” or such similar material, or any information posted primarily for advertising, promotional, or other commercial purposes, including, without limitation, any request for or solicitation of money, goods, or services for private gain.
(8) Incorporates within it any software viruses or any other computer code, files, or programs whose purpose or function is to interrupt, destroy, or otherwise impair the operability of any software or hardware or telecommunications equipment.
(9) Contains links to any websites containing content violating any of the foregoing requirements, or links to any websites for purposes of disrupting the operations of such websites, harassing the owners of such websites, or other objectionable or illegal purposes.
You hereby further agree not to use the Site to:
(1) Engage in any conduct that might be harmful to minors.
(2) Impersonate any person or entity or falsely state or otherwise misrepresent your affiliation with a person or entity.
(3)Engage in or facilitate any conduct that is deemed or found by any court of competent jurisdiction or similar agency, to constitute “stalking” or other harassing conduct aimed at another person or entity.
(4) Engage in or transmit any material that encourages conduct that could constitute a criminal offense, give rise to civil liability, or otherwise violate any applicable local, state, national, or international law or regulation.
In addition to the foregoing, you are prohibited from interfering with or disrupting the Site, or servers or networks connected thereto.
Company reserves the right (but has no obligation) in its sole discretion to pre-screen, edit, refuse, move, or remove any Content that is posted on the Site. You hereby agree that the exercise by Company of such discretion shall not convert or transform User Content to Content owned or provided by Company and the user who made such User Content available to the Site will retain ownership thereof as described below.
With respect to any information you provide to Company, including personal data and Personal Information, you hereby agree and accept that Company may retain, maintain, and/or disclose such information and User Content if required to do so by law or in a good faith belief that such retention, preservation, and/or disclosure is reasonably necessary to: (a) respond to any legal process; (b) enforce these Terms of Use; (c) respond to any claims that any User Content violates the rights of third parties; (d) respond to your requests for customer services; or (e) protect the rights property, or personal safety of Company, the users of the Site, and the general public.
11. Ownership of User Content. If any User Content is your original work, then you own the copyright in that work. Company does not claim any copyrights in original works created and posted by individual visitors to this Site. However, by uploading, posting, transmitting, or otherwise making any User Content available on or through this Site, you are granting Company, and its subsidiaries and affiliates, an irrevocable, worldwide, nonexclusive, royalty-free license to copy, modify, publish, distribute publicly, and prepare derivative works of such User Content in any medium or form, without any obligation of notice, attribution, or compensation to you.
12. Ownership of Feedback. Company welcomes your comments and feedback regarding this Site. All information and materials submitted to Company through this Site or otherwise, such as any comments, feedback, ideas, questions, designs, data, or the like regarding or relating to the Site or the business of Lysakov (collectively “Feedback”) will be considered NON-CONFIDENTIAL and NON-PROPRIETARY with regard to you, but Company reserves the right to treat any such Feedback as the confidential information of Company. For this reason, we ask you not to send us any information or materials that you do not wish to legally assign to us, including, without limitation, any confidential information or any original creative materials such as product ideas, computer code, or original artwork.
By submitting Feedback to Company, you assign to Company and its subsidiaries and affiliates, free of charge, all worldwide rights, title, and interest in the copyrights and other intellectual property rights in such Feedback. Company will be entitled to use any Feedback you submit to it, and any ideas, concepts, know-how or techniques contained in any such Feedback, for any purpose whatsoever, including but not limited to developing, manufacturing, and marketing products and services using such Feedback without restriction and without compensating you in any way. You are responsible for the information and other Content contained in any Feedback you submit to us including, without limitation, their truthfulness and their accuracy.
13. Disclaimer Regarding the Accuracy of Content. Much of the content on the Site, including, without limitation, User Content, has been provided by or obtained from parties other than Company. Company makes no representation or warranties as to the accuracy or reliability of any Content on the Site which has been created or provided by third parties. Company makes no representations or warranties whatsoever with regard to any product or service provided or offered by any vendor on the Site (including, without limitation, advertisers on the Site and individuals or entities placing classified advertisements on the Site). You hereby acknowledge that any reliance on representations and warranties provided by any party other than Company shall be at you own risk. You expressly agree to hold Company harmless for any claims of damage arising from any product or service provided by any third party.
14. Classified Advertisements. Submission of classified advertisements for publication on our Site does not constitute a commitment on the part of Company to publish the advertisement, and publication of an advertisement does not constitute an agreement from Company for continued publication. Company reserves the right to edit, reclassify, revise, reject, or cancel any advertisement at any time, in its sole discretion. Advertising rates and specifications are subject to change.
15. Copyright and Trademark Information. All Content included or available on this Site, including Site design, text, graphics, interfaces, and the selection and arrangements thereof is either:
(1)The exclusive intellectual property of Company with all rights reserved,
or
(2) The property of third parties and protected by the intellectual property rights of those owners.
Any use of materials on the Site, including, without limitation, reproduction for purposes other than those noted above, modification, distribution, replication, any form of data extraction or data mining, or other commercial exploitation of any kind, without prior written permission of an authorized officer of Company, is strictly prohibited. With the exception of Internet search engines, you agree that you will not use any robot, spider, or other automatic device or manual process to monitor or copy our web pages or the Content contained therein without prior written permission of an authorized Company officer or other designated official.
You may use the Content solely for your personal, non-commercial use, except that a commercial web site is permitted to link the Site provided that the web site page on which such feeds or links are featured must be accessible to the general public and not provided through a subscription service or for a fee, unless otherwise specifically agreed to in writing by Company. You may download or print a single copy of any portion of the Content solely for your personal, non-commercial use, provided you do not remove any trademark, copyright, or other such notice from such Content. You may not make use of Content owned by third parties which is available on the Site without the express consent of those third-party owners. All Content which qualifies for protection under Federal Copyright Law under the laws of the United States is subject to the exclusive jurisdiction of the U.S. Federal Court System, whether such copyrights are registered or unregistered. Based upon the presence of this notice of copyright ownership, any infringement of the protected Content of this Site will be deemed by Company to be an intentional infringement.
All trademarks displayed on this Site are the trademarks of their respective owners, and constitute neither an endorsement nor a recommendation of such parties. In addition, such use of trademarks or links to the web sites of third parties is not intended to imply, directly or indirectly, that those third parties endorse or have any affiliation with Company.
16. Notification of Claimed Copyright Infringement. In the event you find content posted on the Site which is believed to be an infringement of a copyright or other intellectual property rights of you or any third party, you are requested to immediately contact Company and provide the following information:
(1) Your name, address, telephone number, and E-mail address. If you are representing the owner of the allegedly infringed intellectual property, please provide the name of the owner.
(2) A statement, made under penalty of perjury, that you are the owner of the intellectual property at issue or the authorized representative of the actual owner.
(3) A detailed description of the intellectual property you believe has been infringed.
(4) If your claim is based upon a registered work, the patent, trademark, or copyright registration number and the date such registration was issued.
(5) A description of the allegedly infringing material and the URL where such material is located on the Site, or a description of where on our Site you found such material.
(6) Your written statement that you believe, in good faith, that the use of the work on our Site has not been authorized by the true owner of the work, its authorized representative, or as a matter of law.
(7) A statement that all of the information you have provided is true.
Please mail your notice of alleged infringement to:
ZyGone™
Attn: Janice Gomes
17539 Vierra Canyon Rd.
Ste. A-243
Prunedale, CA 93907
17. Links to the Site and RSS Feeds. Unless otherwise prohibited under these Terms of Use, you are hereby licensed to create hyperlinks to the Content of the Site, provided that the hyperlink accurately describes the Content as it appears on the Site. You are further granted a right to implement the RSS feeds offered by our Site, solely in the manner described on our site. Company reserves the right to revoke these licenses generally, or your right to use specific links or RSS feeds, at and time, with or without cause. Under no circumstances may you “frame” the Site or any of its Content or copy portions of the Site to a server, except as part of an Internet service provider’s incidental caching of pages. When a page of our Site is accessed from a link (including RSS feeds) featured on your web site, each page within our Site must be displayed in full (including all trademarks, branding, advertisements, and promotional materials), without any accompanying frame, border, margin, design, branding, trademark, advertising, or promotional materials not originally displayed on the page within the Site.
18. Governing Jurisdiction of the Courts of the State of California. Our site is operated and provided in the State of California. As such, we are subject to the laws of California, and such laws will govern these Terms of Use, without giving effect to any choice of law rules. We make no representation that our Site is appropriate, legal, or available for use outside of the United States. Accordingly, if you choose to access our site, you agree to do so subject to internal laws of the State of California. The state and federal courts of California shall serve as the venue for any actions brought, or claims made, arising out of your use of this Site.
19. Compliance with Laws. You assume all knowledge of applicable law and you are responsible for compliance with any such laws. You may not use the Site in any way that violates applicable state, federal, or international laws, regulations, or other governmental requirements.
20. User Disputes. Deliberately left blank.
21. Other Terms. If any provision of these Terms of Use shall be found, by a court of competent jurisdiction, to be unlawful, void, or unenforceable for any reason, the remaining provisions (and any partially-enforceable provision) shall not be affected thereby and shall remain valid and enforceable to the maximum possible extent. You agree that these Terms of Use and any other agreements referenced herein may be assigned by Company, its sole discretion, to a third party in the event of a merger or acquisition. These Terms of Use shall apply in addition to, and shall not be superseded by any other written agreement between us in relation to your participation as a User.
You hereby agree and understand that these Terms of Use constitute the entire agreement between you and Company regarding your use of the Site, and that any and all prior agreements between you and Company are superseded by these Terms of Use. Notwithstanding the foregoing, the preceding sentence will not supersede any separate agreements you may enter into with Company (including, without limitation, an agreement to provide Content for the Site such as through a blog or freelance author agreement). You may not amend these Terms of Use.
Any failure by Company to exercise its rights under these Terms of Use or to enforce the terms hereof shall not constitute a waiver of those rights. If any term of these Terms of Use is found by a court of competent jurisdiction to be invalid or unenforceable, the parties agree that the court in any event should try to give effect to the parties’ intentions as reflected in the provision, and that all of the other provisions of these Terms of Use shall remain in full force and effect.
You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to the use of the Site or relating to the terms of these Terms of Use must be files within one (1) year after such claim or cause of action arose or be forever barred.
22. Effective Date of This “Terms of Use Agreement”
This Privacy Policy is effective as of November 1, 2008.
