Terms of Use
Introduction
Please read these Terms of Use ("Terms") carefully. They contain the legal terms and conditions that govern your use of services provided to you by ZAP365.COM, including Video, stream, video feeds, information, text, images, graphics, data or other materials ("Content"). This Service is operated by ZAP365.COM, Inc. ZAP365.COM is also referred to in these Terms as "we", "our", and "us".
Section I: General Terms
1. Availability
This Service is provided by ZAP365.COM on an "AS IS" and "AS AVAILABLE" basis and ZAP365.COM reserves the right to modify, suspend or discontinue part or all the Service, in its sole discretion, at any time and without notice. You agree that ZAP365.COM is and will not be liable to you for any modification, suspension or discontinuance of the Service.
2. Privacy
ZAP365.COM has a firm commitment to safeguarding your privacy. Please review ZAP365.COM's privacy policy. The terms of ZAP365.COM's privacy policy are incorporated into, and form a part of, these Terms.
3. Copyright
ZAP365.COM is, unless otherwise stated, is not the owner of all the copyright and data rights in the Service and its contents. You may not reproduce, distribute, publicly display or perform, or prepare derivative works based on any of the Content without the express, written consent of ZAP365.COM. However, ZAP365.COM does not claim ownership rights in any of the content shown on the site or any content any user posted by you to ZAP365.COM (Your Content).
4. External Links
ZAP365.COM may provide links to third-party websites or resources. You acknowledge and agree that ZAP365.COM is not responsible or liable for: the availability or accuracy of such websites or resources; or the Content, products, or services on or available from such websites or resources. Links to such websites or resources do not imply any endorsement by ZAP365.COM of such websites or resources or the Content, products, or services available from such websites or resources. You acknowledge sole responsibility for and assume all risk arising from your use of any such websites or resources.
6. Conduct
You agree that you shall not interfere with or disrupt (or attempt to interfere with or disrupt) this Service or servers or networks connected to this Service, or to disobey any requirements, procedures, policies or regulations of networks connected to this Service; or provide any information to ZAP365.COM that is false or misleading, that attempts to hide your identity or that you do not have the right to disclose. You agree to defend, indemnify, and hold harmless ZAP365.COM, its officers, directors, employees and agents, from and against any claims, liabilities, damages, losses, and expenses, including, without limitation, reasonable legal and expert fees, arising out of or in any way connected with your access to or use of the Services, or your violation of these Terms.
7. Disclaimer of Warranty and Limitation of Liability
ZAP365.COM MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED AS TO THE OPERATION OF THE SERVICE, OR THE CONTENT OR PRODUCTS, PROVIDED THROUGH THE SERVICE. YOU EXPRESSLY AGREE THAT YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. ZAP365.COM DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT, TO THE FULLEST EXTENT PERMITTED BY LAW. ZAP365.COM MAKES NO WARRANTY AS TO THE SECURITY, RELIABILITY, TIMELINESS, AND PERFORMANCE OF THIS SERVICE. YOU SPECIFICALLY ACKNOWLEDGE THAT ZAP365.COM IS NOT LIABLE FOR YOUR DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT, OR SUCH CONDUCT BY THIRD PARTIES, AND YOU EXPRESSLY ASSUME ALL RISKS AND RESPONSIBILITY FOR DAMAGES AND LOSSES ARISING FROM SUCH CONDUCT. EXCEPT FOR THE EXPRESS, LIMITED REMEDIES PROVIDED HEREIN, AND TO THE FULLEST EXTENT ALLOWED BY LAW, ZAP365.COM SHALL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM USE OF THE SERVICE, INCLUDING BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, OR PUNITIVE DAMAGES, EVEN IF ZAP365.COM HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING DISCLAIMERS, WAIVERS AND LIMITATIONS SHALL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF OR LIMITATIONS ON CERTAIN WARRANTIES OR DAMAGES. THEREFORE, SOME OF THE ABOVE EXCLUSIONS OR LIMITATIONS MAY NOT APPLY TO YOU. IN NO EVENT SHALL ZAP365.COM'S AGGREGATE LIABILITY TO YOU EXCEED THE AMOUNTS PAID BY YOU TO ZAP365.COM PURSUANT TO THIS AGREEMENT.
8. Amendment of the Terms
We reserve the right to amend these Terms from time to time in our sole discretion. If you have registered as a member, we shall notify you of any material changes to these Terms (and the effective date of such changes) by sending an email to the address you have provided to ZAP365.COM for your account. For all other users, we will post the revised terms on the Site. If you continue to use the Service after the effective date of the revised Terms, you will be deemed to have accepted those changes. If you do not agree to the revised Terms, your sole remedy shall be to discontinue using the Service.
9. General
These Terms constitute the entire agreement between ZAP365.COM and you with respect to your use of the Service. ZAP365.COM's failure to enforce any right or provision in these Terms shall not constitute a waiver of such right or provision. If a court should find that one or more provisions contained in these Terms is invalid, you agree that the remainder of the Terms shall be enforceable. ZAP365.COM shall have the right to assign its rights and/or delegate its obligations under these Terms, in whole or in part, to any person or business entity. You may not assign your rights or delegate your obligations under these Terms without the prior written consent of ZAP365.COM. These Terms shall be governed by and construed in accordance with the laws of the State of California. Any disputes arising under or in connection with these Terms shall be subject to the exclusive jurisdiction of the state and federal courts of the State of California.
10. Comments
If you have any comments or questions about the Service please contact via the contact us section
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Section II: Additional Terms
11. Registration
You agree that the information that you provide to us upon registration, and at all other times will be true, accurate, current and complete. You also agree that you will ensure that this information is kept accurate and up to date at all times. This is especially important with respect to your email address, since that is the primary way in which we will communicate with you about your account.
12. Password
When you register as a member you will get from us a password. You are responsible for safeguarding the password and you agree not to disclose your password to any third party. You agree that you shall be solely responsible for any activities or actions under your password, whether or not you have authorized such activities or actions. You shall immediately notify ZAP365.COM of any unauthorized use of your password.
13. Submitting Content
As a registered member of the Service, you will also be granted the privilege of submitting certain types of Your Content in your private MiniSite , known as MYSPACE," for display in ZAP365.COM. Prior to submitting Animations, you must accept the additional terms and conditions of the Uploading Rules, which is incorporated into, and forms a part of, the Terms.
14. Copyright in Your Content
ZAP365.COM does not claim ownership rights in Your Content. For the sole purpose of enabling us to make your Content available through the Service, you grant to ZAP365.COM a non-exclusive, royalty-free license to reproduce, distribute, re-format, store, prepare derivative works based on, and publicly display and perform Your Content. Please note that when you upload Content, you allow third parties to copy, distribute and display your Content.
15. Storage Policy
At this time, ZAP365.COM provides free online storage of Your Content to registered members of the Service. However, you acknowledge and agree that ZAP365.COM may, at its option, establish limits concerning your use of the Service, including without limitation the maximum number of days that Your Content will be retained by the Service, the maximum size of any Content files that may be stored on the Service, the maximum disk space that will be allotted to you for the storage of Content on ZAP365.COM's servers. Furthermore, you acknowledge that ZAP365.COM reserves the right to terminate or suspend accounts that are inactive, in ZAP365.COM's sole discretion, for an extended period of time (thus deleting or suspending access to your Content). Without limiting the generality of Section 9, ZAP365.COM shall have no responsibility or liability for the deletion or failure to store any Content maintained on the Service and you are solely responsible for creating back-ups of Your Content. You further acknowledge that ZAP365.COM reserves the right to modify its storage policies from time to time, with or without notice to you.
16. Conduct
You are responsible for all of Your Content you upload, download, and otherwise copy, distribute and display using the Service. You must have the legal right to copy, distribute and display all parts of any content that you upload, download and otherwise copy, distribute and display. Content provided to you by others, or made available through websites, magazines, books and other sources, are protected by copyright and should not be uploaded, downloaded, or otherwise copied, distributed or displayed without the consent of the copyright owner or as otherwise permitted by law.
You agree not to use the Service:
(a) for any unlawful purposes;
(b) to upload, post, or otherwise transmit any material that is obscene, offensive, blasphemous, pornographic, unlawful, threatening, menacing, abusive, harmful, an invasion of privacy or publicity rights, defamatory, libelous, vulgar, illegal or otherwise objectionable;
(c) to upload, post, or otherwise transmit any material that infringes any copyright, trade mark, patent or other intellectual property right or any moral right or artist's right of any third party including, but not limited to, ZAP365.COM;
(d) to harm minors in any way, including, but not limited to, uploading, posting, or otherwise transmitting content that violates child pornography laws, child sexual exploitation laws or laws prohibiting the depiction of minors engaged in sexual conduct, or submitting any personally identifiable information about any child under the age of 13;
(e) to forge headers or otherwise manipulate identifiers in order to disguise the origin of any Content transmitted through the Service;
(f) to upload, post, or otherwise transmit any material which is likely to cause harm to ZAP365.COM or anyone else's computer systems, including but not limited to that which contains any virus, code, worm, data or other files or programs designed to damage or allow unauthorized access to the Service which may cause any defect, error, malfunction or corruption to the Service;
(g) for any commercial purpose, except as expressly permitted under these Terms.
17. Suspension and Termination of Access and Membership
You agree that ZAP365.COM may at any time, and without notice, suspend or terminate any part of the Service, or refuse to fulfill any order, or any part of any order or terminate your membership and delete any Content stored on the ZAP365.COM Site, in ZAP365.COM's sole discretion, if you fail to comply with the Terms or applicable law.
Agree