By accessing and using the Ziki web site, www.ziki.com content and applications (collectively, the “Ziki Services”, users are agreeing to the following Terms of Use (“Terms”). By using the Ziki Services, you signify your agreement to these Terms, our Privacy Policy and all terms, conditions and notices contained or referenced herein. If you do not agree to these Terms, please do not use this Site. These Terms shall remain in full force and effect while you use the Ziki Services.
We may, without notice, modify or terminate the Ziki Services for any reason, without liability to you, any other user or any third party. We reserve the right to modify these Terms at any time without notice. Please review these Terms from time to time so that you will be apprised of any changes.
Click here to review the Ziki Privacy Policy, which sets forth Ziki Services’ online data collection and usage policies.
When registering you are required to select a password and Nickname, and to provide a valid email address. You are also asked to provide your first name and last name, and some other personal information. You shall provide Ziki Services with accurate, complete, and updated registration information. Failure to do so shall constitute a breach of the Terms, which may result in immediate termination of your Ziki Services account. You may not (i) select and/or use a name on Ziki Services of another person with the intent to impersonate that person; (ii) use a name subject to any rights or copyrights of a person and/or group other than you; or (iii) use a name that is otherwise offensive, vulgar or obscene; or (iv) create and/or join a Ziki group using a name and/or a URL of another group with the intent to impersonate that other group. Ziki Services reserves the right to refuse registration of, or cancel a registration at its discretion. You shall be responsible for maintaining the confidentiality of your Ziki password. Services are available only to individuals who are at least 14 years old, whether acting on their own behalf or as an authorized employee or representative of a corporation or other business entity. If you do not so qualify, do not attempt to register for or use the Services. Once you have registered on Ziki.com you become a Member.
You acknowledge that Ziki.com reserves the right to charge for the Ziki Services and to change its fees from time to time in its discretion. If Ziki.com terminates your Membership because you have breached these Terms, you shall not be entitled to the refund of any unused portion of subscription fees.
The Ziki Services are for the personal use of Members only and may not be used in connection with any commercial endeavors except those that are specifically endorsed or approved by Ziki.com. Illegal and/or unauthorized use of the Ziki Services, including collecting usernames and/or email addresses of Members by electronic or other means for the purpose of sending unsolicited email or unauthorized framing of or linking to the Ziki Website is prohibited. Commercial advertisements, affiliate links, and other forms of solicitation may be removed from Member profiles without notice and may result in termination of Membership privileges. Appropriate legal action will be taken for any illegal or unauthorized use of the Ziki Services.
Ziki.com does not claim any ownership rights in the text, files, images, photos, video, sounds, musical works, works of authorship, or any other materials (collectively, “Content”) that you post to the Ziki Services. After posting your Content to the Ziki Services, you continue to retain all ownership rights in such Content, and you continue to have the right to use your Content in any way you choose. By displaying or publishing (“posting”) any Content on or through the Ziki Services, you hereby grant to Ziki.com a limited license to use, modify, publicly perform, publicly display, reproduce, and distribute such Content solely on and through the Ziki Services.
Without this license, Ziki.com would be unable to provide the Ziki Services. For example, without the right to modify Member Content, Ziki.com would not be able to digitally compress files that Members submit or otherwise format Content to satisfy technical requirements, and without the right to publicly post Member Content, Ziki.com could not allow Members to access some Content posted by other Members. The license you grant to Ziki.com is non-exclusive (meaning you are free to license your Content to anyone else in addition to Ziki.com), fully-paid and royalty-free (meaning that Ziki.com is not required to pay you for the use on the Ziki Services of the Content that you post), sub-licensable (so that Ziki.com is able to use its affiliates and subcontractors such as Internet content delivery networks to provide the Ziki Services), and worldwide (because the Internet and the Ziki Services are global in reach). This license will terminate at the time you remove your Content from the Ziki Services. The license does not grant Ziki.com the right to sell your Content, nor does the license grant Ziki.com the right to distribute your Content outside of the Ziki Services.
You represent and warrant that: (i) you own the Content posted by you on or through the Ziki Services or otherwise have the right to grant the license set forth in this section, and (ii) the posting of your Content on or through the Ziki Services does not violate the privacy rights, publicity rights, copyrights, contract rights or any other rights of any person. You agree to pay for all royalties, fees, and any other monies owing any person by reason of any Content posted by you to or through the Ziki Services.
The Ziki Services contain Content of Ziki.com (“Ziki.com Content”). Ziki.com Content is protected by copyright, trademark, patent, trade secret and other laws, and Ziki.com owns and retains all rights in the Ziki.com Content and the Ziki Services. Ziki.com hereby grants you a limited, revocable, non sub-licensable license to reproduce and display the Ziki.com Content (excluding any software code) solely for your personal use in connection with viewing the Ziki Website and using the Ziki Services. The Ziki Services contain Content of Members. Except for Content posted by you, you may not copy, modify, translate, publish, broadcast, transmit, distribute, perform, display, or sell any Content appearing on or through the Ziki Services.
Ziki.com may delete any Content that in the sole judgment of Ziki.com violates these Terms or which may be offensive, illegal or violate the rights, harm, or threaten the safety of any person. Ziki.com assumes no responsibility for monitoring the Ziki Services for inappropriate Content or conduct. If at any time Ziki.com chooses, in its sole discretion, to monitor the Ziki Services, Ziki.com nonetheless assumes no responsibility for the Content, no obligation to modify or remove any inappropriate Content, and no responsibility for the conduct of the User submitting any such Content.
You are solely responsible for the Content that you post on or through any of the Ziki Services, and any material or information that you transmit to other Members and for your interactions with other Members. Ziki.com does not endorse and has no control over the Content. Content is not necessarily reviewed by Zikie.com prior to posting and does not necessarily reflect the opinions or policies of Ziki.com. Ziki.com makes no warranties, express or implied, as to the Content or to the accuracy and reliability of the Content or any material or information that you transmit to other Members.
You are solely not responsible for any content, advertising, products, services or other materials on or available from web sites that are linked to or from Ziki (including without limitation web sites that may be linked to by another Member, and which may be reached by you as part of a search you conduct using the Ziki Services). Ziki Services is not responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any content, advertising, products, services or other materials on those web sites. The sites displayed as search results or linked to by the Ziki Services are developed by people over whom Ziki Services exercises no control, and Ziki Services may not screen the sites before including them in the indices from which such automated search results are gathered. A search using the Ziki Services may produce search results and links to sites that some people find objectionable, inappropriate, or offensive. We cannot guarantee that a Ziki search will not locate unintended or objectionable content and assume no responsibility for the content of any site included in any search results or otherwise linked to by the Ziki Services.
If you believe that Ziki has acted mistakenly with respect to certain Member Content or other content, you may contact us at , in which case we may investigate the matter further.
The following is a partial list of the kind of Content that is illegal or prohibited to post on or through the Ziki Services. Ziki.com reserves the right to investigate and take appropriate legal action against anyone who, in Ziki.com’s sole discretion, violates this provision, including without limitation, removing the offending communication from the Ziki Services and terminating the Membership of such violators.
Prohibited Content includes, but is not limited to Content that, in the sole discretion of Ziki.com :
The following is a partial list of the kind of activity that is illegal or prohibited on the Ziki Website and through your use of the Ziki Services. Ziki.com reserves the right to investigate and take appropriate legal action against anyone who, in Ziki.com’s sole discretion, violates this provision, including without limitation, reporting you to law enforcement authorities. Prohibited activity includes, but is not limited to:
Ziki Services may remove any Content or close a Ziki account at any time for any reason (including, but not limited to, receipt of claims or allegations from third parties or authorities relating to such content), or for no reason at all.
To report abuse of the Terms of Use, please email:
You may not post, modify, distribute, or reproduce in any way any copyrighted material, trademarks, or other proprietary information belonging to others without obtaining the prior written consent of the owner of such proprietary rights. It is the policy of Ziki.com to terminate Membership privileges of any Member who repeatedly infringes the copyright rights of others upon receipt of prompt notification to Ziki.com by the copyright owner or the copyright owner’s legal agent. Without limiting the foregoing, if you believe that your work has been copied and posted on the Ziki Services in a way that constitutes copyright infringement, please provide our Copyright Agent with the following information: (i) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; (ii) a description of the copyrighted work that you claim has been infringed; (iii) a description of where the material that you claim is infringing is located on the Ziki Services; (iv) your address, telephone number, and email address; (v) a written statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; (vi) a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf. Ziki.com’s Copyright Agent for notice of claims of copyright infringement can be reached as follows: Copyright Agent, Ziki, Inc., C/O Techspace, 41 East 11th Street New York, NY 10003. Facsimile: (707) 202-2197; Attn: Copyright Agent; and email: .
You agree to comply with all laws, legislation, rules, regulations, and governmental requirements of any jurisdiction in or from which you access the Site or Ziki Services. Your use of any data obtained through the Ziki Service or the Site, including without limitation e-mail addresses, to send e-mail to any person, must fully comply with all federal and state laws with respect to unsolicited e-mail.
THE SITE AND THE ZIKI SERVICES PROVIDED THROUGH IT ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING WITHOUT LIMITATION THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. THE FUNCTIONS, MATERIALS AND CONTENT OF THE SITE ARE NOT WARRANTED TO BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE, AND ZIKI MAKES NO WARRANTY THAT THE INFORMATION ON THE SITE WILL BE ACCURATE, CURRENT OR RELIABLE OR THAT THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION OR OTHER MATERIAL OBTAINED BY YOU THROUGH THE SITE WILL MEET YOUR EXPECTATIONS. ZIKI DISCLAIMS ANY RESPONSIBILITY FOR THE DELETION, FAILURE TO STORE, MISDELIVERY, OR UNTIMELY DELIVERY OF ANY INFORMATION OR MATERIAL. YOU ASSUME THE ENTIRE RISK OF LOSS AND DAMAGE DUE TO YOUR USE OF THE SITE, INCLUDING BUT NOT LIMITED TO THE COST OF REPAIRS OR CORRECTIONS TO YOUR HARDWARE OR SOFTWARE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, AND AS A CONSEQUENCE SOME OF THE ABOVE DISCLAIMERS MAY NOT APPLY TO YOU.
YOUR USE OF THE SITE IS ENTIRELY AT YOUR SOLE RISK. ZIKI AND ITS PARENTS, SUBSIDIARIES AND AFFILIATES, AND THEIR RESPECTIVE OWNERS, DIRECTORS, OFFICERS, EMPLOYEES, LICENSORS, AND AGENTS SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY OR PUNITIVE DAMAGES OR LOSSES (INCLUDING WITHOUT LIMITATION LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES), WHETHER BASED IN CONTRACT, TORT, STRICT LIABILITY, OR OTHERWISE, WHICH YOU MAY INCUR IN CONNECTION WITH THE USE OF, OR INABILITY TO USE, THE SITE, EVEN IF ZIKI HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR LOSS. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, AND AS A CONSEQUENCE SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
You shall indemnify and hold harmless, and at Ziki’s request defend, Ziki and its parents, subsidiaries, affiliates and service providers, as well as their respective owners, directors, officers, shareholders, employees, agents and owners (each, an “Indemnified Party”) from and against any and all claims, proceedings, damages, injuries, liabilities, losses, costs and expenses (including reasonable attorneys’ fees, an allocation for in-house counsel, and other legal costs) arising out of your acts or omissions, including claims resulting from: (i) your use of or access to the Site, Site Content or Ziki Services; (ii) any breach of your obligations, representations or warranties set forth in these Terms; or (iii) your violation of any rights of others. You shall reimburse each Indemnified Party on demand for any costs, expenses and liabilities incurred by such Indemnified Party to which this indemnity relates.
Ziki Services and you are independent entities, and nothing in the Terms, or via use of the Site or Services, will create any partnership, joint venture, agency, franchise, sales representative, or employment relationship between Ziki Services and you. These Terms supersede any previous agreement and represent the entire agreement between Ziki and you. These Terms are governed by the laws of the State of New York without reference to conflict of laws principles. If any provision of the Terms is adjudged to be illegal or unenforceable, the continuation in full force of the remainder of the Terms will not be prejudiced, and the illegal or unenforceable provision of the Terms shall be severed accordingly. Any notices must be sent to Ziki in English at .
If you have any questions regarding these Terms or the Site, please contact Ziki at . Our address is: Ziki Inc. C/O Techspace, 41 East 11th Street New York, NY 10003.
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