We may modify these terms and conditions of this Agreement from time to time. We will notify you of material changes to this Agreement by posting the revised Agreement on the Service at least thirty (30) days before the effective date. If you do not agree with the revised draft of this Agreement, you should discontinue your use of the Service prior to the time the revised Agreement takes effect. Your continued use of the Service after the new Agreement takes effect will mean that you accept those changes.
3. Member Accounts and Registration
You may be required to register with Zapple to access certain interactive portions of the Service. As a registered member you agree to: (i) provide true, accurate, current, and complete information about yourself as prompted by the Service’s registration form (the “Registration Data”); (ii) maintain and promptly update the Registration Data; and (iii) comply with the rules governing Contributions in Section 4 below. Zapple prohibits the creation of, and you agree that you will not create, an account for anyone other than yourself.
As part of the registration process, you will be required to create a user ID and password. Only one user ID may be associated with your member account. You may not use a user name or email address that belongs to or is already being used by another person; that may be construed as impersonating another person; that violates the intellectual property or other rights of any person; that is offensive; or that we reject for any other reason in our sole discretion. You will be responsible for maintaining the confidentiality of your user ID and password and you are responsible for any activity that occurs through your account. You further agree you will not sell, transfer, license, or assign your account, followers, username, or any account rights without the express written permission of Zapple.
4. Rules Governing User Contributions; Prohibited Activities.
User Contributions. If you maintain an active member account with the Service, you may be able to submit comments and content to the Service (collectively, “Contributions”). When you make Contributions, you acknowledge and agree that those Contributions will be non-proprietary and non-confidential, may be made available to the general public, and may be used by Zapple without restriction. You grant to Zapple the worldwide, perpetual, royalty-free, irrevocable, nonexclusive right and license, sublicensable through multiple tiers, without compensation to you, to use, reproduce, distribute (through multiple tiers), adapt (including without limitation edit, modify, translate, and reformat), create derivative works of, transmit, publicly display, publicly perform, digitally perform, make, have made, sell, offer for sale and import all Contributions, in any media now known or hereafter developed, for any purpose whatsoever, commercial or otherwise. You are responsible for the content of, and any harm resulting from, Contributions you make on or through the Service. When making a Contribution, you represent and warrant that:
- you own or have sufficient rights to your Contributions;
- your Contribution does not violate, misappropriate, or infringe on the rights of any third party, including, without limitation, privacy rights, publicity rights, copyrights, trademark, and/or other intellectual property rights;
- you have fully complied with any third-party licenses relating to Contributions and shall pay all royalties, fees, and any other monies required to be paid in connection with Contributions that you post on or through the Service;
- you will not post Contributions that: (A) are defamatory, damaging, disruptive, unlawful, inappropriate, offensive, inaccurate, pornographic, vulgar, indecent, profane, hateful, racially or ethnically offensive, obscene, lewd, lascivious, filthy, threatening, excessively violent, harassing, or otherwise objectionable; (B) incite, encourage or threaten immediate physical harm against another, including but not limited to, Contributions that promote racism, bigotry, sexism, religious intolerance or harm against any group or individual; and (C) contain material that solicits personal information from anyone under the age of 13 or exploits anyone in a sexual or violent manner;
- you will not post Contributions that contain advertisements or solicit any person to buy or sell products or services; and
- you will not post Contributions that constitute, contain, install, or attempt to install or promote spyware, malware, or other computer code, whether on our or others’ computers or equipment, designated to enable you or others to gather information about or monitor the on-line or other activities of another
Prohibited Activities. In addition to the obligations described in Section 6(a), you agree that in connection with your use of the Service, you will not:
- change, modify, adapt, or alter the Service or another website so as to falsely imply that it is associated with the Service or Zapple;
- use the Service for any unauthorized purpose including collecting usernames and/or email addresses by electronic or other means for the purpose of sending unsolicited email or other electronic communications, or engaging in unauthorized framing of, or linking to, the Service without our express written consent;
- transmit chain letters, bulk or junk email or interfere with, disrupt, or create an undue burden on the Service or the networks or services connected to the Service, including without limitation, hacking into the Service, or using the system to send unsolicited or commercial emails, bulletins, comments or other communications;
- impersonate any other person or entity, sell or let others use your profile or password, provide false or misleading identification or address information, or invade the privacy, or violate the personal or proprietary right, of any person or entity;
- post advertisements or solicitations for jobs or employment, or otherwise use the Service to hire any person to perform work;
- decompile, disassemble, modify, translate, adapt, reverse engineer, create derivative works from, or sublicense the Service, or any portion thereof;
- circumvent, disable, or otherwise interfere with security related features of the Service or features that prevent or restrict use or copying of any Materials (as defined in Section 8) or enforce limitations on use of the Service or the Materials on the Service;
- interfere or disrupt the Service or servers or networks connected to the Service, including by transmitting any worms, viruses, spyware, malware, or any other code of a destructive or disruptive nature. You may not inject content or code or otherwise alter or interfere with the way any Zapple page is rendered or displayed in a user’s browser or device;
- create accounts with the Service through unauthorized means, including but not limited to, by using an automated device, script, bot, spider, crawler, or scraper; or
- attempt to restrict another user from using or enjoying the Service or encourage or facilitate violations of this Agreement or any other Zapple terms.
5. Our Intellectual Property Rights.
Except for your Contributions and the Contributions of other users of the Service, the content on the Service (“Materials”) and the trademarks, service marks, and logos contained on the Service are owned by or licensed to us and are subject to copyright and other intellectual property rights under United States and foreign laws and international conventions. The Service and the Materials are for your information and personal use only and not for commercial exploitation and you will not reproduce, modify, adapt, prepare derivative works based on, perform, display, publish, distribute, transmit, broadcast, sell, license or otherwise exploit the Materials. We reserve all rights in and to the Service and the Materials. If you download or print a copy of the Materials for your own personal use, you must retain all trademark, copyright, and other proprietary notices contained in and on the Materials.
6. Our Management of the Service; User Misconduct
Interactions with other Users. You are solely responsible for your interactions with other users of the Service. Please note that there are risks that may arise when dealing with strangers, including persons who may be acting under false pretenses. Please choose carefully the information you post on the Service and that you give to other users of the Service. You are discouraged from publicly posting your telephone number or street address on the Service. Information posted to the Service by other users of the Service may be offensive, harmful or inaccurate, and in some cases may be mislabeled or deceptively labeled. You assume all risks associated with dealing with other users with whom you come in contact through the Service. Opinions and other statements included in users’ Contributions do not represent the opinions or statements of Zapple and the posting of a Contribution on the Service does not constitute Zapple support or endorsement of any opinions or statements expressed in the applicable Contribution.
7. Third Party Sites.
8. Warranty Disclaimer; Limitation on Liability
Disclaimer of Warranties
TO THE EXTENT PERMITTED BY LAW, THE SERVICE, INCLUDING, WITHOUT LIMITATION, ALL MATERIALS, IS PROVIDED ON AN “AS IS”, “AS AVAILABLE” AND “WITH ALL FAULTS” BASIS. TO THE FULLEST EXTENT PERMISSIBLE BY LAW, NEITHER ZAPPLE NOR ITS PARENT COMPANY, AFFILIATES OR SUBSIDIARIES NOR ANY OF THEIR EMPLOYEES, MANAGERS, OFFICERS OR AGENTS (COLLECTIVELY, THE “ZAPPLE PARTIES”) MAKE ANY REPRESENTATIONS OR WARRANTIES OR ENDORSEMENTS OF ANY KIND WHATSOEVER, EXPRESS OR IMPLIED, AS TO: (A) THE SERVICE; (B) THE Materials; (C) USER Contributions; OR (D) SECURITY ASSOCIATED WITH THE TRANSMISSION OF INFORMATION TO ZAPPLE OR VIA THE SERVICE. IN ADDITION, THE ZAPPLE PARTIES HEREBY DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, TITLE, CUSTOM, TRADE, QUIET ENJOYMENT, SYSTEM INTEGRATION AND FREEDOM FROM COMPUTER VIRUS.
TO THE EXTENT PERMITTED BY LAW, THE ZAPPLE PARTIES DO NOT REPRESENT OR WARRANT THAT THE SERVICE WILL BE ERROR-FREE OR UNINTERRUPTED; THAT DEFECTS WILL BE CORRECTED; OR THAT THE SERVICE OR THE SERVER THAT MAKES THE SERVICE AVAILABLE IS FREE FROM ANY HARMFUL COMPONENTS, INCLUDING, WITHOUT LIMITATION, VIRUSES. THE ZAPPLE PARTIES DO NOT MAKE ANY REPRESENTATIONS OR WARRANTIES THAT THE INFORMATION (INCLUDING ANY INSTRUCTIONS) ON THE SERVICE IS ACCURATE, COMPLETE, OR USEFUL. YOU ACKNOWLEDGE THAT YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. THE ZAPPLE PARTIES DO NOT WARRANT THAT YOUR USE OF THE SERVICE IS LAWFUL IN ANY PARTICULAR JURISDICTION, AND THE ZAPPLE PARTIES SPECIFICALLY DISCLAIM SUCH WARRANTIES.
PRODUCT SPECIFICATIONS AND OTHER INFORMATION HAVE EITHER BEEN PROVIDED BY ZAPPLE VENDORS OR COLLECTED FROM PUBLICLY AVAILABLE SOURCES. WHILE ZAPPLE MAKES EVERY EFFORT TO ENSURE THAT THE INFORMATION IN THE SERVICE IS ACCURATE, IT CAN MAKE NO REPRESENTATIONS OR WARRANTIES AS TO THE ACCURACY OR RELIABILITY OF ANY INFORMATION PROVIDED IN THE SERVICE. ZAPPLE MAKES NO WARRANTIES OR REPRESENTATIONS WHATSOEVER WITH REGARD TO ANY PRODUCT PROVIDED OR OFFERED BY ZAPPLE THROUGH ITS VENDORS, AND YOU ACKNOWLEDGE THAT ANY RELIANCE ON REPRESENTATIONS AND WARRANTIES OTHER THAN THOSE DESCRIBED ABOVE SHALL BE AT YOUR OWN RISK.
Limitation of Liability
TO THE EXTENT PERMITTED BY LAW, UNDER NO CIRCUMSTANCES WILL THE ZAPPLE PARTIES BE LIABLE TO YOU FOR ANY LOSS OR DAMAGES OF ANY KIND (INCLUDING, WITHOUT LIMITATION, FOR ANY DIRECT, INDIRECT, ECONOMIC, EXEMPLARY, SPECIAL, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL LOSSES OR DAMAGES) THAT ARE DIRECTLY OR INDIRECTLY RELATED TO: (A) THE SERVICE; (B) THE Materials; (C) USER Contributions; (D) YOUR USE OF, INABILITY TO USE, OR THE PERFORMANCE OF THE SERVICE; (E) ANY ACTION TAKEN IN CONNECTION WITH AN INVESTIGATION BY THE ZAPPLE PARTIES OR LAW ENFORCEMENT AUTHORITIES REGARDING YOUR OR ANY OTHER PARTY’S USE OF THE SERVICE; (F) ANY ACTION TAKEN IN CONNECTION WITH COPYRIGHT OR OTHER INTELLECTUAL PROPERTY OWNERS; (G) ANY ERRORS OR OMISSIONS IN THE SERVICE’S OPERATION; OR (H) ANY DAMAGE TO ANY USER’S COMPUTER, MOBILE DEVICE, OR OTHER EQUIPMENT OR TECHNOLOGY INCLUDING, WITHOUT LIMITATION, DAMAGE FROM ANY SECURITY BREACH OR FROM ANY VIRUS, BUGS, TAMPERING, FRAUD, ERROR, OMISSION, INTERRUPTION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER LINE OR NETWORK FAILURE OR ANY OTHER TECHNICAL OR OTHER MALFUNCTION, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOST PROFITS, LOSS OF GOODWILL, LOSS OF DATA, WORK STOPPAGE, ACCURACY OF RESULTS, OR COMPUTER FAILURE OR MALFUNCTION, EVEN IF FORESEEABLE OR EVEN IF THE ZAPPLE PARTIES HAVE BEEN ADVISED OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES, WHETHER IN AN ACTION OF CONTRACT, NEGLIGENCE, STRICT LIABILITY OR TORT (INCLUDING, WITHOUT LIMITATION, WHETHER CAUSED IN WHOLE OR IN PART BY NEGLIGENCE, ACTS OF GOD, TELECOMMUNICATIONS FAILURE, OR THEFT OR DESTRUCTION OF THE SERVICE). IN NO EVENT WILL THE ZAPPLE PARTIES BE LIABLE TO YOU OR ANYONE ELSE FOR LOSS, DAMAGE OR INJURY, INCLUDING, WITHOUT LIMITATION, DEATH OR PERSONAL INJURY. IN NO EVENT WILL THE ZAPPLE PARTIES TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES OR CAUSES OR ACTION EXCEED ONE HUNDRED UNITED STATES DOLLARS ($100.00). FOR NEW JERSEY RESIDENTS, THE LIMITATION ON LIABILITY IS INAPPLICABLE WHERE ATTORNEYS’ FEES, COURT COSTS, OR OTHER DAMAGES ARE MANDATED BY STATUTE.
TO THE EXTENT PERMITTED BY LAW, YOU AGREE THAT IN THE EVENT YOU INCUR ANY DAMAGES, LOSSES OR INJURIES THAT ARISE OUT OF ZAPPLE ACTS OR OMISSIONS, THE DAMAGES, IF ANY, CAUSED TO YOU ARE NOT IRREPARABLE OR SUFFICIENT TO ENTITLE YOU TO AN INJUNCTION PREVENTING ANY EXPLOITATION OF ANY WEBSITE, SERVICE, PROPERTY, PRODUCT OR OTHER CONTENT OWNED OR CONTROLLED BY THE ZAPPLE PARTIES, AND YOU WILL HAVE NO RIGHTS TO ENJOIN OR RESTRAIN THE DEVELOPMENT, PRODUCTION, DISTRIBUTION, ADVERTISING, EXHIBITION OR EXPLOITATION OF ANY WEBSITE, PROPERTY, PRODUCT, SERVICE, OR OTHER CONTENT OWNED OR CONTROLLED BY THE ZAPPLE PARTIES.
BY ACCESSING THE SERVICE, YOU UNDERSTAND THAT YOU MAY BE WAIVING RIGHTS WITH RESPECT TO CLAIMS THAT ARE AT THIS TIME UNKNOWN OR UNSUSPECTED.9. Indemnification.