ZIMAR L.L.C TERMS
This Agreement was last revised on February 19th, 2013.
USE OF OUR SERVICE
You may use the Service only if you can form a binding contract with Zimar L.L.C, and only in compliance with this Agreement and all applicable local, state, national, and international laws, rules and regulations. If you are under 18, your parent or guardian must enter into this Agreement on your behalf, and will be responsible for your use of and access to the Service; this includes financial responsibility for any items you purchase through the Service. Any use or access to the Service by anyone under 13 is strictly prohibited and in violation of this Agreement. If you are under 13, please do not attempt to register for the Service or send any information about yourself to us, including your name, address, telephone number, or email address. If we learn that we have collected personal information from anyone under age 13 without verification of parental consent, we will delete that information as quickly as possible. If you believe that we might have any information from or about anyone under 13, please contact us. The Service is not available to any Users previously removed from the Service by Zimar L.L.C. Zimar L.L.C reserves all rights not expressly granted under this Agreement. Any attempt by you to transfer any of the rights, duties or obligations hereunder, except as expressly provided for in this Agreement, is void.
ZIMAR L.L.C ACCOUNTS
You may create an account at Zimar L.L.C in order to gain access to the services and functionality that we may establish and maintain from time to time and in our sole discretion.
You may never use another User's account without permission.
You are solely responsible for the activity that occurs on your account, and you must keep your account password secure.
You must notify Zimar L.L.C immediately of any breach of security or unauthorized use of your account.
Zimar L.L.C will not be liable for any losses caused by any unauthorized use of your account.
By providing Zimar L.L.C your email address, you consent to our using that email address to send you Service-related notices, including any notices required by law, in lieu of communication by postal mail.
We may also use your email address to send you other messages, such as changes to features of the Service and special offers.
If you do not want to receive such email messages, you may opt out or change your preferences in your account settings.
Opting out may prevent you from receiving email messages regarding updates, improvements, or offers.
Please note that if you do not want to receive legal notices from us, including without limitation a notification that this Agreement has changed, those legal notices will still govern your use of the Service.
We will post legal notices to the Service, and you are responsible for reviewing such legal notices for changes.
You agree not to engage in any of the following prohibited activities in connection with the Service:
(i) copying, distributing, or disclosing any part of the Service in any medium, including without limitation by any automated or non-automated "scraping";
(ii) using any automated system, including without limitation "robots," "spiders," "offline readers," etc., to access the Service in a manner that sends more request messages to Zimar L.L.C servers than a human can reasonably produce in the same period of time by using a conventional on-line web browser (except that, subject to the privacy settings of our Users, Zimar L.L.C grants the operators of public search engines revocable permission to use spiders to copy materials from Zimar L.L.C for the sole purpose of and solely to the extent necessary for creating publicly available searchable indices of the materials, but not caches or archives of such materials);
(iii) transmitting spam, chain letters, or other unsolicited email;
(iv) attempting to interfere with, compromise the system integrity or security or decipher any transmissions to or from the servers running the Service;
(v) taking any action that imposes, or may impose at our sole discretion an unreasonable or disproportionately large load on our infrastructure;
(vi) uploading invalid data, viruses, worms, or other software agents through the Service;
(vii) collecting or harvesting any personally identifiable information, including account names, from the Service;
(viii) using the Service for any commercial purposes;
(ix) impersonating another person or otherwise misrepresenting your affiliation with a person or entity, conducting fraud, hiding or attempting to hide your identity;
(x) interfering with the proper working of the Service;
(xi) accessing any content on the Service through any technology or means other than those provided or authorized by the Service;
(xii) bypassing the measures we may use to prevent or restrict access to the Service, including without limitation features that prevent or restrict use or copying of any content or enforce limitations on use of the Service or the content therein, or
(xiii) decompiling, reverse engineering, or otherwise attempting to obtain the source code of the Service.
Accessing the audiovisual content available on the Service for any purpose or in any manner other than Streaming (as defined below) is expressly prohibited.
"Streaming" means a contemporaneous digital transmission of an audiovisual work via the Internet from Zimar L.L.C Service to a User's device in such a manner that the data is intended for real-time viewing and not intended to be copied, stored, permanently downloaded, or redistributed by the User.
We may, without prior notice, change the Service, stop providing the Service or features of the Service (to you or generally), or create usage limits for the Service.
We may permanently or temporarily terminate or suspend your access to the Service without notice or liability to Zimar L.L.C, for any reason or for no reason, including if in our sole determination you violate any provision of this Agreement.
Upon termination of this Agreement or your access to the Service for any reason or no reason, you will continue to be bound by the terms of this Agreement which, by their nature, should survive termination, including without limitation ownership provisions, warranty disclaimers, indemnity, and limitations of liability.
You are solely responsible for your interactions with other Zimar L.L.C Users. We reserve the right, but have no obligation, to monitor disputes between you and other Users.
Zimar L.L.C shall have no liability for your interactions with other Users, or for any User's action or inaction.
Some areas of the Service may allow Users to post content such as photos and profile information, comments, questions, and other content or information (any such materials a User submits, posts, displays, or otherwise makes available on the Service are referred to as "User Content").
You agree not to post User Content that: (i) may create a risk of harm, loss, physical or mental injury, emotional distress, death, disability, disfigurement, or physical or mental illness to you, to any other person, or to any animal; (ii) may create a risk of any other loss or damage to any person or property; (iii) seeks to harm or exploit children by exposing them to inappropriate content, asking for personally identifiable details or otherwise; (iv) may constitute or contribute to a crime or tort; (v) contains any information or content that we deem to be unlawful, harmful, abusive, racially or ethnically offensive, defamatory, infringing, invasive of personal privacy or publicity rights, harassing, humiliating to other people (publicly or otherwise), libelous, threatening, profane, obscene, pornographic, or otherwise objectionable; (vi) contains any information or content that is illegal (including, without limitation, the disclosure of insider information under securities law or of another party's trade secrets); (vii) contains any information or content that you do not have a right to make available under any law or under contractual or fiduciary relationships; or (viii) contains any information or content that you know is not correct and current.
You agree that any User Content that you post does not and will not violate third-party rights of any kind, including without limitation any Intellectual Property Rights (as defined below) or rights of privacy.
To the extent that your User Content contains music, you hereby represent that you are the owner of or possess all rights to all the copyright rights, including without limitation the performance, mechanical, and sound recordings rights, with respect to each and every musical composition (including lyrics) and sound recording contained in such User Content and have the power to grant the license granted below.
Zimar L.L.C reserves the right, but is not obligated, to reject and/or remove any User Content that Zimar L.L.C believes, in its sole discretion, violates these provisions.
You understand that publishing your User Content on the Service is not a substitute for registering it with the U.S. Copyright Office, the Writer's Guild of America, or any other rights organization.
For the purposes of this Agreement, "Intellectual Property Rights" means all patent rights, copyright rights, mask work rights, moral rights, rights of publicity, trademark, trade dress and service mark rights, goodwill, trade secret rights and other intellectual property rights as may now exist or hereafter come into existence, and all applications therefore and registrations, renewals and extensions thereof, under the laws of any state, country, territory or other jurisdiction.
In connection with your User Content, you affirm, represent and warrant the following:
(i)You have the written consent of each and every identifiable natural person in the User Content to use such person's name or likeness in the manner contemplated by the Service and this Agreement, and each such person has released you from any liability that may arise in relation to such use. (ii)Your User Content and Zimar L.L.C's use thereof as contemplated by this Agreement and the Service will not violate any law or infringe any rights of any third party, including but not limited to any Intellectual Property Rights and privacy rights. (iii)Zimar L.L.C may exercise the rights to your User Content that are granted to Zimar L.L.C under this Agreement, without payment of any guild fees, residuals, payments, fees, or royalties payable under any collective bargaining agreement or otherwise. (iv)All your User Content and other information that you provide to us is truthful and accurate.
Zimar L.L.C takes no responsibility and assumes no liability for any User Content that you or any other User or third party posts or sends over the Service. You shall be solely responsible for your User Content and the consequences of posting or publishing it, and you agree that we are only acting as a passive conduit for your online distribution and publication of your User Content.
You understand and agree that you may be exposed to User Content that is inaccurate, objectionable, inappropriate for children, or otherwise unsuited to your purpose, and you agree that Zimar L.L.C shall not be liable for any damages you incur or allege to incur as a result of User Content.
You also hereby grant each User of the Service a non-exclusive license to access your User Content through the Service, and to use, reproduce, distribute, display and perform such User Content as permitted through the functionality of the Service and under this Agreement.
END USER LICENSE GRANT
ZIMAR L.L.C SERVICE
THIRD PARTY LINKS
You agree to defend, indemnify and hold harmless Zimar L.L.C and its subsidiaries, agents, licensors, managers, and other affiliated companies, and their employees, contractors, agents, officers and directors, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney's fees) arising from: (i) your use of and access to the Service, including any data or content transmitted or received by you; (ii) your violation of any term of this Agreement, including without limitation your breach of any of the representations and warranties you make in this Agreement; (iii) your violation of any third-party right, including without limitation any right of privacy or Intellectual Property Rights; (iv) your violation of any applicable law, rule or regulation; (v) any claim or damages that arise as a result of any of your User Content or any that is submitted via your account; or (vi) any other party's access and use of the Service with your username, password or other appropriate security code.
THE SERVICE AND ANY PRODUCT OR SERVICE YOU PURCHASE THROUGH THE SERVICE ("PRODUCT") ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. USE OF THE SERVICE IS AT YOUR OWN RISK. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SERVICE AND THE PRODUCTS ARE PROVIDED WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. WITHOUT LIMITING THE FOREGOING, ZIMAR L.L.C, ITS SUBSIDIARIES, AND ITS LICENSORS DO NOT WARRANT THAT THE CONTENT IS ACCURATE, RELIABLE OR CORRECT; THAT THE SERVICE OR THE PRODUCTS WILL MEET YOUR REQUIREMENTS; THAT THE SERVICE WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION, UNINTERRUPTED OR SECURE; THAT ANY DEFECTS OR ERRORS WILL BE CORRECTED; OR THAT THE SERVICE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. ANY CONTENT DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS DOWNLOADED AT YOUR OWN RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM SUCH DOWNLOAD OR YOUR USE OF THE SERVICE. ZIMAR L.L.C DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH ZIMAR L.L.C SERVICE OR ANY HYPERLINKED WEBSITE OR SERVICE, AND ZIMAR L.L.C WILL NOT BE A PARTY TO OR IN ANY WAY MONITOR ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES.
LIMITATION OF LIABILITY
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL ZIMAR L.L.C, ITS AFFILIATES, AGENTS, DIRECTORS, EMPLOYEES, SUPPLIERS OR LICENSORS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING WITHOUT LIMITATION DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES, THAT RESULT FROM THE USE OF, OR INABILITY TO USE, THIS SERVICE OR ANY PRODUCT. UNDER NO CIRCUMSTANCES WILL ZIMAR L.L.C BE RESPONSIBLE FOR ANY DAMAGE, LOSS OR INJURY RESULTING FROM HACKING, TAMPERING OR OTHER UNAUTHORIZED ACCESS OR USE OF THE SERVICE OR YOUR ACCOUNT OR THE INFORMATION CONTAINED THEREIN. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ZIMAR L.L.C ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT AVAILABLE ON OR THROUGH THE SERVICE; (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO OR USE OF OUR SERVICE OR ANY PRODUCT; (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION STORED THEREIN; (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SERVICE; (V) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE THAT MAY BE TRANSMITTED TO OR THROUGH OUR SERVICE BY ANY THIRD PARTY; (VI) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE THROUGH THE SERVICE; AND/OR (VII) USER CONTENT OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY. THIS LIMITATION OF LIABILITY SECTION APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR ANY OTHER BASIS, EVEN IF ZIMAR L.L.C HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION. The Service is controlled and operated from its facilities in the United States. Zimar L.L.C makes no representations that the Service is appropriate or available for use in other locations. Those who access or use the Service from other jurisdictions do so at their own volition and are entirely responsible for compliance with all applicable United States and local laws and regulations, including but not limited to export and import regulations. You represent and warrant you are not located in a country embargoed by the United States or that has been designated by the United States government as a "terrorist-supporting" country, and that you are not a foreign person or entity blocked or denied by the United States government or otherwise listed on any United States government list of prohibited or restricted parties. Unless otherwise explicitly stated, all materials found on the Service are solely directed to individuals, companies, or other entities located in the United States.
This Agreement, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by Zimar L.L.C without restriction.
You agree that the Service shall be deemed solely based in the State of Virginia. This Agreement shall be governed by the internal substantive laws of the State of Virginia, without respect to its conflict of laws principles. The application of the United Nations Convention on Contracts for the International Sale of Goods is expressly excluded. You and Zimar L.L.C hereby expressly consent to the exclusive personal jurisdiction of the courts of Fairfax County, Virginia.
Any dispute arising from or relating to the subject matter of this Agreement shall be finally settled by arbitration in Fairfax County, Virginia, using the English language in accordance with the Streamlined Arbitration Rules and Procedures of Judicial Arbitration and Mediation Services, Inc. ("JAMS") then in effect, by one commercial arbitrator with substantial experience in resolving intellectual property and commercial contract disputes, who shall be selected from the appropriate list of JAMS arbitrators in accordance with the Streamlined Arbitration Rules and Procedures of JAMS. Judgment upon the award so rendered may be entered in a court having jurisdiction, or application may be made to such court for judicial acceptance of any award and an order of enforcement, as the case may be. Any arbitration under this Agreement will take place on an individual basis: class arbitrations and class actions are not permitted. YOU UNDERSTAND AND AGREE THAT BY ENTERING INTO THIS AGREEMENT, YOU AND ZIMAR L.L.C ARE EACH WAIVING THE RIGHT TO TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION. Notwithstanding the foregoing, each party shall have the right to institute an action at any time in a court of proper jurisdiction for injunctive or other equitable relief.
ENTIRE AGREEMENT / SEVERIBILITY
This Agreement, together with any amendments and any additional agreements you may enter into with Zimar L.L.C in connection with the Service, shall constitute the entire agreement between you and Zimar L.L.C concerning the Service. If any provision of this Agreement is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of this Agreement, which shall remain in full force and effect.
No waiver of any term of this Agreement shall be deemed a further or continuing waiver of such term or any other term, and Zimar L.L.C's failure to assert any right or provision under this Agreement shall not constitute a waiver of such right or provision.
II. WHAT INFORMATION DOES ZIMAR L.L.C. COLLECT?
A. Information You Provide to Us:
When you make a purchase using our services, you may need to provide relevant billing information, such as credit card details and billing address. If we process your payment, we receive and store this information. If we utilize a third-party payment processor such as Stripe, your device passes this billing information directly to the payment processor and we do not receive, collect, or store it. We receive and store any other information you knowingly provide to us. For example, we collect Personal Information such as your name, username, phone number, email address, and shipping address. We may also collect your friends' email addresses, which we will only use in order to invite them to use the Service. We may also collect information you supply to us regarding your personal preferences and interests. You can choose not to provide us with any or all of the information we specify or request, but then you may not be able to register with us or to take advantage of some or all of our features.
We may anonymize your Personal Information so that you cannot be individually identified and provide that anonymized information to our partners. For example, we allow advertisers to choose the demographic information of users who will see their advertisements and you agree that we may use any of the information we have collected from you in non-personally identifiable form to allow our advertisers to select the appropriate audience for those advertisements. We might use the fact you have purchased or inquired about a certain brand of apparel, for instance, to show you advertisements for the company that sells that brand, but we will not tell that company who you are.
B. Information Collected Automatically:
C. E-mail and Other Communications:
We may contact you, by email or other means. For example, we may send you promotional offers on behalf of other businesses, or communicate with you about your use of the Website. Also, we may receive a confirmation when you open an email from us. If you do not want to receive email or other mail from us, please indicate your preference by changing your account settings accordingly.
III. WILL ZIMAR L.L.C. SHARE ANY OF THE PERSONAL INFORMATION IT RECEIVES?
We neither rent nor sell your Personal Information in personally identifiable form to anyone, except as described below. We share your Personal Information in personally identifiable form with third parties only as described below:
A. Affiliated Businesses and Third Party Websites We Do Not Control:
In certain situations, businesses or third party websites we're affiliated with may sell items or provide services to you through the Website (either alone or jointly with us). You can recognize when an affiliated business is associated with such a transaction or service, and we will share your Personal Information with that affiliated business only to the extent that we deem it related to such transaction or service. One such service may include the ability for you to automatically transmit information from your Zimar L.L.C. account to an account on a third party website or service, such as Facebook. We have no control over the policies and practices of third party websites or businesses as to privacy or anything else, so if you choose to take part in any transaction or service relating to an affiliated website or business, please review all such business's or websites' policies.
We employ other companies and people to perform tasks on our behalf and need to share your information with them to provide products or services to you. Unless we inform you otherwise, our agents do not have any right to use the Personal Information we share with them beyond what we deem necessary to assist us in performing such tasks.
C. User Profiles and Content:
Certain user profile information, including without limitation a user's username and the image content that such user has uploaded to the website, may be displayed to other users to facilitate user interaction within the Website or address your request for our services. Any content you upload to your public user profile, along with any Personal Information or content that you voluntarily disclose online in a manner other users can view (on discussion boards, in messages and chat areas, etc.) becomes publicly available, and can be collected and used by others. Your username may also be displayed to other users if and when you post comments or upload images through the Website and other users can contact you through such comments.
D. Business Transfers:
We may choose to buy or sell assets. In these types of transactions, customer information (which may include your Personal Information) is typically one of the business assets that is transferred. Also, if we (or substantially all of our assets) are acquired, or if we go out of business or enter bankruptcy, Personal Information would be one of the assets transferred to or acquired by a third party.
E. Protection of Zimar L.L.C. and Others:
We may release Personal Information when we believe in good faith that release is necessary to comply with laws; enforce or apply our conditions of use and/or other agreements; or protect the rights, property, or safety of Zimar L.L.C., our employees, our users, or others. We may exchange information with other companies and organizations (including governmental authorities) for fraud protection and credit risk reduction.
F. With Your Consent:
IV. IS PERSONAL INFORMATION ABOUT ME SECURE?
V. WHAT PERSONAL INFORMATION CAN I ACCESS?
We may provide an account settings dashboard. Through your account settings, you may access, and in some cases, edit or delete your personal information. The information you can view and update may change as the Website changes. If you have any questions about viewing or updating information we have on file about you, please contact us.
VI. WHAT CHOICES DO I HAVE?
VIII. QUESTIONS OR CONCERNS
If you have any questions or concerns regarding our privacy policies, please send us a detailed message. We will make every effort to resolve your concerns.
Effective Date: [Feb 19, 2013]
If you have any questions regarding this Agreement, you can contact us at firstname.lastname@example.org