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Zigback
Blocker plug in for IE6 and IE7 End User License Agreement
IMPORTANT: THIS SOFTWARE END USER LICENSE AGREEMENT ("EULA") IS A LEGAL
AGREEMENT BETWEEN YOU AND ZIGBACK.COM. READ IT CAREFULLY BEFORE
COMPLETING THE INSTALLATION PROCESS AND USING THE SOFTWARE. IT PROVIDES
A LICENSE TO USE THE SOFTWARE AND CONTAINS WARRANTY INFORMATION AND
LIABILITY DISCLAIMERS. BY INSTALLING AND USING THE SOFTWARE, YOU ARE
CONFIRMING YOUR ACCEPTANCE OF THE SOFTWARE AND AGREEING TO BECOME BOUND
BY THE TERMS OF THIS AGREEMENT. IF YOU DO NOT AGREE TO BE BOUND BY THESE
TERMS, THEN SELECT THE "CANCEL" BUTTON, DO NOT INSTALL THE SOFTWARE AND
RETURN THE SOFTWARE TO YOUR PLACE OF PURCHASE FOR A FULL REFUND.
THIS EULA SHALL APPLY ONLY TO THE SOFTWARE SUPPLIED BY ZIGBACK HEREWITH
REGARDLESS OF WHETHER OTHER SOFTWARE IS REFERRED TO OR DESCRIBED HEREIN.
1. Definitions
(a) "Education Version" means a version of the Software, so identified,
for use by students and faculty of educational institutions, only.
(b) "Not For Resale (NFR) Version" means a version, so identified, of
the Software to be used to review and evaluate the Software, only.
(c) "Zigback" means Zigback.com LLC and its licensors, if any.
(d) "Software" means only the Zigback browser software program
plug-in(s) and third party software programs, in each case, supplied by
Zigback herewith, and corresponding documentation, associated media,
printed materials, and online or electronic documentation.
(e) "Trial Version" means a version of the Software, so identified, to
be used only to review, demonstrate and evaluate the Software for a
limited time period. The Trial Version may have limited features, and
will cease operating after a predetermined amount of time due to an
internal mechanism within the Trial Version.
(f)"Block" means
attempt to prevent the web site from loading in current browser window
2. License Grants
(a) You may install and use the Software on a single computer; OR
install and store the Software on a storage device, such as a network
server, used only to install the Software on your other computers over
an internal network, provided you have a license for each separate
computer on which the Software is installed and run. A license for the
Software may not be shared, installed or used concurrently on different
computers.
(b) In the event the Software is distributed along with other Zigback
software products as part of a suite of products (collectively, the
"Studio"), the license of the Studio is licensed as a single product and
none of the products in the Studio, including the Software, may be
separated for installation or use on more than one computer.
(c) You may make one copy of the Software in machine-readable form
solely for backup purposes. You must reproduce on any such copy all
copyright notices and any other proprietary legends on the original copy
of the Software.
(d) Education Versions may not be used for, or distributed to any party
for, any commercial purpose.
(e) You agree that Zigback may audit your use of the Software for
compliance with these terms at any time, upon reasonable notice.
(f) Your license rights under this EULA are non-exclusive.
3. License Restrictions
(a) Other than as set forth in Section 2, you may not make or distribute
copies of the Software, or electronically transfer the Software from one
computer to another or over a network.
(b) You may not alter, merge, modify, adapt or translate the Software,
or decompile, reverse engineer, disassemble, or otherwise reduce the
Software to a human-perceivable form.
(c) Unless otherwise provided herein, you may not rent, lease, or
sublicense the Software.
(d) Other than with respect to a Trial Version or a Not For Resale
Version of the Software, you may permanently transfer all of your rights
under this EULA only as part of a sale or transfer, provided you retain
no copies, you transfer all of the Software (including all component
parts, the media and printed materials, any upgrades, this EULA, and the
serial numbers), and the recipient agrees to the terms of this EULA. If
the Software is an upgrade, any transfer must include all prior versions
of the Software from which you are upgrading. You may retain no copies
of the Software. You may not sell or transfer any Software purchased
under a volume discount. You may not sell or transfer any Trial Version
or Not For Resale Version of the Software. If the copy of the Software
is licensed as part of the Studio (as defined above), the Software shall
be transferred only with and as part of the sale or transfer of the
whole Studio and not separately.
(e) Unless otherwise provided herein, you may not modify the Software or
create derivative works based upon the Software.
(f) Unless otherwise provided herein, you shall not (A) in the
aggregate, install or use more than one copy of the Trial Version of the
Software, (B) download the Trial Version of the Software under more than
one username, (C) alter the contents of a hard drive or computer system
to enable the use of the Trial Version of the Software for an aggregate
period in excess of the trial period for one license to such Trial
Version, and (D) use the Trial Version of the Software for a purpose
other than the sole purpose of determining whether to purchase a license
to a commercial or education version of the software; provided, however,
notwithstanding the foregoing, you are strictly prohibited from
installing or using the Trial Version of the Software for any commercial
training purpose.
(g) You may only use the Not for Resale Version of the Software to
review and evaluate the Software.
(h) You may not export the Software into any country prohibited by the
United States Export Administration Act and the regulations thereunder.
(i) You may receive the Software in more than one medium but you shall
only install or use one medium. Regardless of the number of media you
receive, you may use only the medium that is appropriate for the server
or computer on which the Software is to be installed.
(j) In the event that you fail to comply with this EULA, Zigback may
terminate the license and you must destroy all copies of the Software
(with all other rights of both parties and all other provisions of this
EULA surviving any such termination).
4. Upgrades
If this copy of the Software is an upgrade from an earlier version of
the Software, it is provided to you on a license exchange basis. You
agree by your installation and use of such copy of the Software to
voluntarily terminate your earlier EULA and that you will not continue
to use the earlier version of the Software or transfer it to another
person or entity unless such transfer is pursuant to Section 3.
5. Prior Same Version License
If this copy of the Software is licensed as part of the Studio (as
defined above), and you have a prior license to the same version, and
the Studio was licensed to you with a discount based, in whole or in
part, on your prior license to the same version, the Software is
provided to you on a license exchange basis. You agree by your
installation and use of this copy of the Software to voluntarily
terminate your EULA with respect to such prior license and that you will
not continue to install or use such prior license of the Software or
transfer it to another person or entity.
6. Ownership
The foregoing license gives you limited license to use the Software.
Zigback and its suppliers retain all right, title and interest,
including all copyright and intellectual property rights, in and to, the
Software (as an independent work and as an underlying work serving as a
basis for any application you may develop), and all copies thereof. All
rights not specifically granted in this EULA, including Federal and
International Copyrights, are reserved by Zigback and its suppliers.
7. LIMITED WARRANTY AND DISCLAIMER
(a) Except with respect to the Trial Version and Not For Resale Version
of the Software, Zigback warrants that, for a period of thirty (30) days
from the date of delivery (as evidenced by a copy of your receipt): (i)
when used with a recommended hardware configuration, the Software will
perform in substantial conformance with the documentation supplied with
the Software; and (ii) the physical media on which the Software is
furnished will be free from defects in materials and workmanship under
normal use.
(b) Zigback PROVIDES NO REMEDIES OR WARRANTIES, WHETHER EXPRESS OR
IMPLIED, FOR THE TRIAL VERSION AND THE NOT FOR RESALE VERSION OF THE
SOFTWARE. THE TRIAL VERSION AND THE NOT FOR RESALE VERSION OF THE
SOFTWARE ARE PROVIDED "AS IS".
(c) EXCEPT AS SET FORTH IN THE FOREGOING LIMITED WARRANTY WITH RESPECT
TO SOFTWARE OTHER THAN THE TRIAL VERSION AND NOT FOR RESALE VERSION,
ZIGBACK AND ITS SUPPLIERS DISCLAIM ALL OTHER WARRANTIES AND
REPRESENTATIONS, WHETHER EXPRESS, IMPLIED, OR OTHERWISE, INCLUDING THE
WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. ALSO,
THERE IS NO WARRANTY OF NON-INFRINGEMENT AND TITLE OR QUIET ENJOYMENT.
ZIGBACK DOES NOT WARRANT THAT THE SOFTWARE IS ERROR-FREE OR WILL OPERATE
WITHOUT INTERRUPTION. NO RIGHTS OR REMEDIES REFERRED TO IN ARTICLE 2A OF
THE UCC WILL BE CONFERRED ON YOU UNLESS EXPRESSLY GRANTED HEREIN. THE
SOFTWARE IS NOT DESIGNED, INTENDED OR LICENSED FOR USE IN HAZARDOUS
ENVIRONMENTS REQUIRING FAIL-SAFE CONTROLS, INCLUDING WITHOUT LIMITATION,
THE DESIGN, CONSTRUCTION, MAINTENANCE OR OPERATION OF NUCLEAR
FACILITIES, AIRCRAFT NAVIGATION OR COMMUNICATION SYSTEMS, AIR TRAFFIC
CONTROL, AND LIFE SUPPORT OR WEAPONS SYSTEMS. ZIGBACK SPECIFICALLY
DISCLAIMS ANY EXPRESS OR IMPLIED WARRANTY OF FITNESS FOR SUCH PURPOSES.
(d) THE SOFTWARE MAY ALLOW FOR THE TRANSMISSION OF ACCOUNT PASSWORD
INFORMATION FROM ZIGBACK TO YOU. ZIGBACK RESERVES THE RIGHT TO CANCEL
THIS TRANSMISSION OF MUSIC AT ANY TIME WITHOUT NOTICE TO YOU.
(e) IF APPLICABLE LAW REQUIRES ANY WARRANTIES WITH RESPECT TO THE
SOFTWARE, ALL SUCH WARRANTIES ARE LIMITED IN DURATION TO THIRTY (30)
DAYS FROM THE DATE OF DELIVERY.
(f) NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY ZIGBACK, ITS
DEALERS, DISTRIBUTORS, AGENTS OR EMPLOYEES SHALL CREATE A WARRANTY OR IN
ANY WAY INCREASE THE SCOPE OF ANY WARRANTY PROVIDED HEREIN.
(g) (USA ONLY) SOME STATES DO NOT ALLOW THE EXCLUSION OF IMPLIED
WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU. THIS WARRANTY
GIVES YOU SPECIFIC LEGAL RIGHTS AND YOU MAY ALSO HAVE OTHER LEGAL RIGHTS
THAT VARY FROM STATE TO STATE.
8. Exclusive Remedy
Your exclusive remedy under the preceding is to return the Software to
the place you acquired it, with a copy of your receipt and a description
of the problem. Provided that any non-compliance with the above warranty
is reported in writing to Zigback no more than thirty (30) days
following delivery to you, Zigback will use reasonable commercial
efforts to supply you with a replacement copy of the Software that
substantially conforms to the documentation, provide a replacement for
defective media, or refund to you your purchase price for the Software,
at its option. Zigback shall have no responsibility if the Software has
been altered in any way, if the media has been damaged by misuse,
accident, abuse, modification or misapplication, or if the failure
arises out of use of the Software with other than a recommended hardware
configuration. Any such misuse, accident, abuse, modification or
misapplication of the Software will void the warranty above. THIS REMEDY
IS THE SOLE AND EXCLUSIVE REMEDY AVAILABLE TO YOU FOR BREACH OF EXPRESS
OR IMPLIED WARRANTIES WITH RESPECT TO THE SOFTWARE AND RELATED
DOCUMENTATION.
8a Payment
By accepting our terms of service, you acknowledge that your credit card
will be charged for the stated price on the Month or Annual anniversary
date of your initial registration date. Zigback, will send an
email confirmation after the charge is complete to the email address
that the user supplied at the time of registration. It is the
users responsibility to maintain a correct email address with Zigback.
If for any reason, your email account changes; you are required to email
info@zigback.com, and
reinstall your plug in software.
.
9. LIMITATION OF LIABILITY
(a) NEITHER ZIGBACK.COM NOR ITS SUPPLIERS SHALL BE LIABLE TO YOU OR ANY
THIRD PARTY FOR ANY INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, COVER OR
CONSEQUENTIAL DAMAGES (INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR THE
INABILITY TO USE EQUIPMENT OR ACCESS DATA, LOSS OF BUSINESS, LOSS OF
PROFITS, BUSINESS INTERRUPTION OR THE LIKE), ARISING OUT OF THE USE OF,
OR INABILITY TO USE, THE SOFTWARE AND BASED ON ANY THEORY OF LIABILITY
INCLUDING BREACH OF CONTRACT, BREACH OF WARRANTY, TORT (INCLUDING
NEGLIGENCE), PRODUCT LIABILITY OR OTHERWISE, EVEN IF ZIGBACK.COM OR ITS
REPRESENTATIVES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND
EVEN IF A REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS
ESSENTIAL PURPOSE.
(b) ZIGBACK.COM TOTAL LIABILITY TO YOU FOR ACTUAL DAMAGES FOR ANY CAUSE
WHATSOEVER WILL BE LIMITED TO THE GREATER OF $250 OR THE AMOUNT PAID BY
YOU FOR THE SOFTWARE THAT CAUSED SUCH DAMAGE.
(c) (USA only) SOME STATES DO NOT ALLOW THE LIMITATION OR EXCLUSION OF
LIABILITY FOR INCIDENTAL OF CONSEQUENTIAL DAMAGES, SO THE ABOVE
LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU AND YOU MAY ALSO HAVE OTHER
LEGAL RIGHTS THAT VARY FROM STATE TO STATE.
(d) THE FOREGOING LIMITATIONS ON LIABILITY ARE INTENDED TO APPLY TO THE
WARRANTIES AND DISCLAIMERS ABOVE AND ALL OTHER ASPECTS OF THIS EULA.
(E)Owners of Zigback.com
are not responsible if their is failure in the software and/or children
circumvent the system to get on banned sites.
It is the parent's responsiblity to check their activities not
zigback.com's.
10. Guarantees
Zigback makes every attempt to "block" sites that are "banned" or not on
our approved list. Zigbck does not 100% guarantee that all
"banned" sites will be blocked, and does not accept any liability for
any resulting ramification of any banned site not being "blocked".
By using Zigbck software browser plug in, the user accepts ultimate
responsibility for their, their child's, and any other person or entity
that the Zigback software plug-in was registered for or used by.
Zigback reserves the right to cancel any account without cause or
notice, and refund all pre-paid fees paid on a prorated bases.
10a. Basis of Bargain
The Limited Warranty and Disclaimer, Exclusive Remedies and Limited
Liability set forth above are fundamental elements of the basis of the
agreement between Zigback and you. Zigback would not be able to provide
the Software on an economic basis without such limitations. Such Limited
Warranty and Disclaimer, Exclusive Remedies and Limited Liability inure
to the benefit of Zigback’s licensors.
11. U.S. GOVERNMENT RESTRICTED RIGHTS LEGEND
This Software and the documentation are provided with "RESTRICTED
RIGHTS" applicable to private and public licenses alike. Without
limiting the foregoing, use, duplication, or disclosure by the U.S.
Government is subject to restrictions as set forth in this EULA and as
provided in DFARS 227.7202-1(a) and 227.7202-3(a) (1995), DFARS
252.227-7013 (c)(1)(ii)(OCT 1988), FAR 12.212(a)(1995), FAR 52.227-19,
or FAR 52.227-14, as applicable. Manufacturer: Zigback, 822 South Slate
Canyon Dr, Provo, UT 84606.
11a. Export Controls. Neither the Software nor the Documentation and
underlying information or technology may be downloaded or otherwise
exported or re-exported; (I) into (or to a national or resident of)
Cuba, Iran, Iraq, Libya, North Korea, Sudan, Syria or any other country
to which the United States has embargoed goods, or; (II) to anyone on
the United States Treasury Departments list of Specially Designated
Nations or the United States Commerce Departments Table of Denial
Orders. By downloading or using the Software, you are agreeing to the
foregoing and you are certifying that you are not located in, under the
control of, or a national or resident of any such country or on any such
list.
IN ADDITION, YOU SHOULD BE AWARE OF THE FOLLOWING: EXPORT OF THE
SOFTWARE MAY BE SUBJECT TO COMPLIANCE WITH THE RULES AND REGULATIONS
PROMULGATED FROM TIME TO TIME BY THE BUREAU OF EXPORT ADMINISTRATION,
UNITED STATES DEPARTMENT OF COMMERCE, WHICH RESTRICTS THE EXPORT AND
RE-EXPORT OF CERTAIN PRODUCTS AND TECHNICAL DATA. IF THE EXPORT OF THE
SOFTWARE IS CONTROLLED UNDER SUCH RULES AND REGULATIONS, THEN THE
SOFTWARE SHALL NOT BE EXPORTED OR RE-EXPORTED. DIRECTLY OR INDIRECTLY;
(A) WITHOUT ALL EXPORT OR RE-EXPORT LICENSES AND UNITED STATES OR OTHER
GOVERNMENTAL APPROVALS REQUIRED BY ANY APPLICABLE LAWS, OR; (B) IN
VIOLATION OF ANY APPLICABLE PROHIBITION AGAINST THE EXPORT OR RE-EXPORT
OF ANY PART OF THE SOFTWARE. SOME COUNTRIES HAVE RESTRICTIONS ON THE USE
OF ENCRYPTION WITHIN THEIR BORDERS, OR THE IMPORT OR EXPORT OF
ENCRYPTION EVEN IF FOR ONLY TEMPORARY PERSONAL OR BUSINESS USE. YOU
ACKNOWLEDGE THAT THE IMPLEMENTATION AND ENFORCEMENT OF THESE LAWS IS NOT
ALWAYS CONSISTENT AS TO SPECIFIC COUNTRIES, AND ALTHOUGH THE FOLLOWING
COUNTRIES ARE NOT AN EXHAUSTIVE LIST, THERE MAY EXIST RESTRICTIONS ON
THE EXPORTATION TO, OR IMPORTATION OR ENCRYPTION BY BELGIUM, CHINA
(INCLUDING HONG KONG), FRANCE, INDIA, INDONESIA, ISRAEL, RUSSIA, SAUDI
ARABIA, SINGAPORE, AND SOUTH KOREA. YOU ACKNOWLEDGE IT IS YOUR ULTIMATE
RESPONSIBILITY TO COMPLY WITH ANY AND ALL GOVERNMENT EXPORT AND OTHER
APPLICABLE LAWS, AND THAT Zigback HAS NO FURTHER RESPONSIBILITY AFTER
THE INITIAL SALE TO YOU WITHIN THE ORIGINAL COUNTRY OF SALE.
12. (Outside of the USA) Consumer End Users Only
The limitations or exclusions of warranties and liability contained in
this EULA do not affect or prejudice the statutory rights of a consumer,
i.e., a person acquiring goods otherwise than in the course of a
business.
The limitations or exclusions of warranties, remedies or liability
contained in this EULA shall apply to you only to the extent such
limitations or exclusions are permitted under the laws of the
jurisdiction where you are located.
13. General
This EULA shall be governed by the internal laws of the State of Texas,
without giving effect to principles of conflict of laws. You hereby
consent to the exclusive jurisdiction and venue of the state courts
sitting in Collin County, Texas or the federal courts in Houston to
resolve any disputes arising under this EULA. In each case this EULA
shall be construed and enforced without regard to the United Nations
Convention on the International Sale of Goods.
This EULA contains the complete agreement between the parties with
respect to the subject matter hereof, and supersedes all prior or
contemporaneous agreements or understandings, whether oral or written.
You agree that any varying or additional terms contained in any purchase
order or other written notification or document issued by you in
relation to the Software licensed hereunder shall be of no effect. The
failure or delay of Zigback to exercise any of its rights under this
EULA or upon any breach of this EULA shall not be deemed a waiver of
those rights or of the breach.
No Zigback dealer, agent or employee is authorized to make any amendment
to this EULA.
If any provision of this Agreement shall be held by a court of competent
jurisdiction to be contrary to law, that provision will be enforced to
the maximum extent permissible, and the remaining provisions of this
Agreement will remain in full force and effect.
All questions concerning this EULA shall be directed to: Zigback,
info@zigback.com, Attention: General Counsel.
Zigback and other trademarks contained in the Software are trademarks or
registered trademarks of Zigback in the United States and/or other
countries. Third party trademarks, trade names, product names and logos
may be the trademarks or registered trademarks of their respective
owners. You may not remove or alter any trademark, trade names, product
names, logo, copyright or other proprietary notices, legends, symbols or
labels in the Software. This EULA does not authorize you to use
Zigback’s or its licensors’ names or any of their respective trademarks.
14. Your relationship with Zigback
1.1 Your use of Zigback’s products, software,
services and web sites (referred to collectively as the “Services”
in this document and excluding any services provided to you by
Zigback under a separate written agreement) is subject to the terms
of a legal agreement between you and Zigback. “Zigback” means
Zigback Inc. This
document explains how the agreement is made up, and sets out some of
the terms of that agreement.
1.2 Unless otherwise agreed in writing with Zigback,
your agreement with Zigback will always include, at a minimum, the
terms and conditions set out in this document. These are referred to
below as the “Universal Terms”.
1.3 Your agreement with Zigback will also include
the terms of any Legal Notices applicable to the Services, in
addition to the Universal Terms. All of these are referred to below
as the “Additional Terms”. Where Additional Terms apply to a
Service, these will be accessible for you to read either within, or
through your use of, that Service.
1.4 The Universal Terms, together with the
Additional Terms, form a legally binding agreement between you and
Zigback in relation to your use of the Services. It is important
that you take the time to read them carefully. Collectively, this
legal agreement is referred to below as the “Terms”.
1.5 If there is any contradiction between what the
Additional Terms say and what the Universal Terms say, then the
Additional Terms shall take precedence in relation to that Service.
15. Accepting the Terms
2.1 In order to use the Services, you must first
agree to the Terms. You may not use the Services if you do not
accept the Terms.
2.2 You can accept the Terms by:
(A) clicking to accept or agree to the Terms,
where this option is made available to you by Zigback in the
user interface for any Service; or
(B) by actually using the Services. In this
case, you understand and agree that Zigback will treat your use
of the Services as acceptance of the Terms from that point
onwards.
2.3 You may not use the Services and may not accept
the Terms if (a) you are not of legal age to form a binding contract
with Zigback, or (b) you are a person barred from receiving the
Services under the laws of the United States or other countries
including the country in which you are resident or from which you
use the Services.
2.4 Before you continue, you should print off or
save a local copy of the Universal Terms for your records.
16. Language of the Terms
3.1 Where Zigback has provided you with a
translation of the English language version of the Terms, then you
agree that the translation is provided for your convenience only and
that the English language versions of the Terms will govern your
relationship with Zigback.
3.2 If there is any contradiction between what the
English language version of the Terms says and what a translation
says, then the English language version shall take precedence.
17. Provision of the Services by Zigback
4.1 Zigback has subsidiaries and affiliated legal
entities around the world (“Subsidiaries and Affiliates”).
Sometimes, these companies will be providing the Services to you on
behalf of Zigback itself. You acknowledge and agree that
Subsidiaries and Affiliates will be entitled to provide the Services
to you.
4.2 Zigback is constantly innovating in order to
provide the best possible experience for its users. You acknowledge
and agree that the form and nature of the Services which Zigback
provides may change from time to time without prior notice to you.
4.3 As part of this continuing innovation, you
acknowledge and agree that Zigback may stop (permanently or
temporarily) providing the Services (or any features within the
Services) to you or to users generally at Zigback’s sole discretion,
without prior notice to you. You may stop using the Services at any
time. You do not need to specifically inform Zigback when you stop
using the Services.
4.4 You acknowledge and agree that if Zigback
disables access to your account, you may be prevented from accessing
the Services, your account details or any files or other content
which is contained in your account.
4.5 You acknowledge and agree that while Zigback may
not currently have set a fixed upper limit on the number of
transmissions you may send or receive through the Services or on the
amount of storage space used for the provision of any Service, such
fixed upper limits may be set by Zigback at any time, at Zigback’s
discretion.
18. Use of the Services by you
18.1 In order to access certain Services, you may be
required to provide information about yourself (such as
identification or contact details) as part of the registration
process for the Service, or as part of your continued use of the
Services. You agree that any registration information you give to
Zigback will always be accurate, correct and up to date.
18.2 You agree to use the Services only for purposes
that are permitted by (a) the Terms and (b) any applicable law,
regulation or generally accepted practices or guidelines in the
relevant jurisdictions (including any laws regarding the export of
data or software to and from the United States or other relevant
countries).
18.3 You agree not to access (or attempt to access)
any of the Services by any means other than through the interface
that is provided by Zigback, unless you have been specifically
allowed to do so in a separate agreement with Zigback.
18.4 You agree that you will not engage in any
activity that interferes with or disrupts the Services (or the
servers and networks which are connected to the Services).
18.5 Unless you have been specifically permitted to
do so in a separate agreement with Zigback, you agree that you will
not reproduce, duplicate, copy, sell, trade or resell the Services
for any purpose.
18.6 You agree that you are solely responsible for
(and that Zigback has no responsibility to you or to any third party
for) any breach of your obligations under the Terms and for the
consequences (including any loss or damage which Zigback may suffer)
of any such breach.
19. Your passwords and account security
6.1 You agree and understand that you are
responsible for maintaining the confidentiality of passwords
associated with any account you use to access the Services.
6.2 Accordingly, you agree that you will be solely
responsible to Zigback for all activities that occur under your
account.
6.3 If you become aware of any unauthorized use of
your password or of your account, you agree to notify Zigback
immediately at
http://www.zigback.om/support.htm
20. Privacy and your personal information
7.1 For information about Zigback’s data protection
practices, please read Zigback’s privacy policy at
http://www.zigback.com/privacy.htm. This policy explains how
Zigback treats your personal information, and protects your privacy,
when you use the Services.
7.2 You agree to the use of your data in accordance
with Zigback’s privacy policies.
21. Content in the Services
8.1 You understand that all information (such as
data files, written text, computer software, music, audio files or
other sounds, photographs, videos or other images) which you may
have access to as part of, or through your use of, the Services are
the sole responsibility of the person from which such content
originated. All such information is referred to below as the
“Content”.
8.2 You should be aware that Content presented to
you as part of the Services, including but not limited to
advertisements in the Services and sponsored Content within the
Services may be protected by intellectual property rights which are
owned by the sponsors or advertisers who provide that Content to
Zigback (or by other persons or companies on their behalf). You may
not modify, rent, lease, loan, sell, distribute or create derivative
works based on this Content (either in whole or in part) unless you
have been specifically told that you may do so by Zigback or by the
owners of that Content, in a separate agreement.
8.3 Zigback reserves the right (but shall have no
obligation) to pre-screen, review, flag, filter, modify, refuse or
remove any or all Content from any Service. For some of the
Services, Zigback may provide additional tools to filter out
explicit sexual content. In addition, there are commercially
available services and software to limit access to material that you
may find objectionable.
8.4 You understand that by using the Services you
may be exposed to Content that you may find offensive, indecent or
objectionable and that, in this respect, you use the Services at
your own risk.
8.5 You agree that you are solely responsible for
(and that Zigback has no responsibility to you or to any third party
for) any Content that you create, transmit or display while using
the Services and for the consequences of your actions (including any
loss or damage which Zigback may suffer) by doing so.
22. Proprietary rights
22.1 You acknowledge and agree that Zigback (or
Zigback’s licensors) own all legal right, title and interest in and
to the Services, including any intellectual property rights which
subsist in the Services (whether those rights happen to be
registered or not, and wherever in the world those rights may
exist). You further acknowledge that the Services may contain
information which is designated confidential by Zigback and that you
shall not disclose such information without Zigback’s prior written
consent.
22.2 Unless you have agreed otherwise in writing
with Zigback, nothing in the Terms gives you a right to use any of
Zigback’s trade names, trade marks, service marks, logos, domain
names, and other distinctive brand features.
22.3 If you have been given an explicit right to use
any of these brand features in a separate written agreement with
Zigback, then you agree that your use of such features shall be in
compliance with that agreement, any applicable provisions of the
Terms, and Zigback's brand feature use guidelines as updated from
time to time.
22.4 Other than the limited license set forth in
Section 11, Zigback acknowledges and agrees that it obtains no
right, title or interest from you (or your licensors) under these
Terms in or to any Content that you submit, post, transmit or
display on, or through, the Services, including any intellectual
property rights which subsist in that Content (whether those rights
happen to be registered or not, and wherever in the world those
rights may exist). Unless you have agreed otherwise in writing with
Zigback, you agree that you are responsible for protecting and
enforcing those rights and that Zigback has no obligation to do so
on your behalf.
22.5 You agree that you shall not remove, obscure,
or alter any proprietary rights notices (including copyright and
trade mark notices) which may be affixed to or contained within the
Services.
22.6 Unless you have been expressly authorized to do
so in writing by Zigback, you agree that in using the Services, you
will not use any trade mark, service mark, trade name, logo of any
company or organization in a way that is likely or intended to cause
confusion about the owner or authorized user of such marks, names or
logos.
23. License from Zigback
10.1 Zigback gives you a personal, worldwide,
royalty-free, non-assignable and non-exclusive licence to use the
software provided to you by Zigback as part of the Services as
provided to you by Zigback (referred to as the “Software” below).
This licence is for the sole purpose of enabling you to use and
enjoy the benefit of the Services as provided by Zigback, in the
manner permitted by the Terms.
10.2 You may not (and you may not permit anyone else
to) copy, modify, create a derivative work of, reverse engineer,
decompile or otherwise attempt to extract the source code of the
Software or any part thereof, unless this is expressly permitted or
required by law, or unless you have been specifically told that you
may do so by Zigback, in writing.
10.3 Unless Zigback has given you specific written
permission to do so, you may not assign (or grant a sub-licence of)
your rights to use the Software, grant a security interest in or
over your rights to use the Software, or otherwise transfer any part
of your rights to use the Software.
24. Ending your relationship with Zigback
24.1 The Terms will continue to apply until
terminated by either you or Zigback as set out below.
24.2 If you want to terminate your legal agreement
with Zigback, you may do so by (a) notifying Zigback at any time and
(b) closing your accounts for all of the Services which you use,
where Zigback has made this option available to you. Your notice
should be sent, in writing, to Zigback’s address which is set out at
the beginning of these Terms.
24.3 Zigback may at any time, terminate its legal
agreement with you if:
(A) you have breached any provision of the Terms
(or have acted in manner which clearly shows that you do not
intend to, or are unable to comply with the provisions of the
Terms); or
(B) Zigback is required to do so by law (for
example, where the provision of the Services to you is, or
becomes, unlawful); or
(C) the partner with whom Zigback offered the
Services to you has terminated its relationship with Zigback or
ceased to offer the Services to you; or
(D) Zigback is transitioning to no longer
providing the Services to users in the country in which you are
resident or from which you use the service; or
(E) the provision of the Services to you by
Zigback is, in Zigback’s opinion, no longer commercially viable.
24.4 Nothing in this Section shall affect Zigback’s
rights regarding provision of Services under Section 4 of the Terms.
24.5 When these Terms come to an end, all of the
legal rights, obligations and liabilities that you and Zigback have
benefited from, been subject to (or which have accrued over time
whilst the Terms have been in force) or which are expressed to
continue indefinitely, shall be unaffected by this cessation, and
the provisions of paragraph 20.7 shall continue to apply to such
rights, obligations and liabilities indefinitely.
25. Copyright and trade mark policies
25.1 It is Zigback’s policy to respond to notices of
alleged copyright infringement that comply with applicable
international intellectual property law (including, in the United
States, the Digital Millennium Copyright Act) and to terminating the
accounts of repeat infringers.
25.2 All software, processes, technology, technology
processes, website content, and infrastructure is considered
zigback.com property, and is protected by inherent international,
federal, and state laws, statues, rules, and regulations.
26. Advertisements
26.1 Some of the Services are supported by
advertising revenue and may display advertisements and promotions.
These advertisements may be targeted to the content of information
stored on the Services, queries made through the Services or other
information.
26.2 The manner, mode and extent of advertising by
Zigback on the Services are subject to change without specific
notice to you.
26.3 In consideration for Zigback granting you
access to and use of the Services, you agree that Zigback may place
such advertising on the Services.
27. Other content
27.1 The Services may include hyperlinks to other
web sites or content or resources. Zigback may have no control over
any web sites or resources which are provided by companies or
persons other than Zigback.
27.2 You acknowledge and agree that Zigback is not
responsible for the availability of any such external sites or
resources, and does not endorse any advertising, products or other
materials on or available from such web sites or resources.
27.3 You acknowledge and agree that Zigback is not
liable for any loss or damage which may be incurred by you as a
result of the availability of those external sites or resources, or
as a result of any reliance placed by you on the completeness,
accuracy or existence of any advertising, products or other
materials on, or available from, such web sites or resources.
28. Changes to the Terms
28.1 Zigback may make changes to the Universal Terms
or Additional Terms from time to time.
28.2 You understand and agree that if you use the
Services after the date on which the Universal Terms or Additional
Terms have changed, Zigback will treat your use as acceptance of the
updated Universal Terms or Additional Terms.
29. General legal terms
29.1 Sometimes when you use the Services, you may
(as a result of, or through your use of the Services) use a service
or download a piece of software, or purchase goods, which are
provided by another person or company. Your use of these other
services, software or goods may be subject to separate terms between
you and the company or person concerned. If so, the Terms do not
affect your legal relationship with these other companies or
individuals.
29.2 The Terms constitute the whole legal agreement
between you and Zigback and govern your use of the Services (but
excluding any services which Zigback may provide to you under a
separate written agreement), and completely replace any prior
agreements between you and Zigback in relation to the Services.
29.3 You agree that Zigback may provide you with
notices, including those regarding changes to the Terms, by email,
regular mail, or postings on the Services.
29.4 You agree that if Zigback does not exercise or
enforce any legal right or remedy which is contained in the Terms
(or which Zigback has the benefit of under any applicable law), this
will not be taken to be a formal waiver of Zigback’s rights and that
those rights or remedies will still be available to Zigback.
29.5 If any court of law, having the jurisdiction to
decide on this matter, rules that any provision of these Terms is
invalid, then that provision will be removed from the Terms without
affecting the rest of the Terms. The remaining provisions of the
Terms will continue to be valid and enforceable.
29.6 You acknowledge and agree that each member of
the group of companies of which Zigback is the parent shall be third
party beneficiaries to the Terms and that such other companies shall
be entitled to directly enforce, and rely upon, any provision of the
Terms which confers a benefit on (or rights in favor of) them. Other
than this, no other person or company shall be third party
beneficiaries to the Terms.
29.7 The Terms, and your relationship with Zigback
under the Terms, shall be governed by the laws of the State of
California without regard to its conflict of laws provisions. You
and Zigback agree to submit to the exclusive jurisdiction of the
courts located within the county of Santa Clara, California to
resolve any legal matter arising from the Terms. Notwithstanding
this, you agree that Zigback shall still be allowed to apply for
injunctive remedies (or an equivalent type of urgent legal relief)
in any jurisdiction.
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