USE OF SITE AND SERVICES
When using our Site and Service, you agree that:
Information Submitted: You are solely responsible for, and assume all liability regarding (a) the information and content you contribute to the Site and/or Services and (b) your interactions with other users through the Site and/or Services.
Risk Assumption and Precautions: You assume all risk when using the Site or Services, including but not limited to risks associated with any online and offline interactions with any person in connection with or arising out of the Services.
Reporting of Violations:You will promptly report any violation of the Agreement by any other person (s) to Zenlive.
Third Party Content:Any content available on the Site or as part of the Services may be supplied by other users of the Site and/or Services and by other third parties. Any content, services, offers, or other information expressed or made available by third parties are those of the respective author(s) or distributor(s) and not of Zenlive. Zenlive does not endorse or assume any responsibility for the accuracy or reliability of any content, opinion, advice, information, or statement made on the Site or as part of the Services.
Content Removal:Zenlive reserves the right, but has no obligation, to monitor, modify, or remove the information or content you submit to the Site and/or Services.
Restrictions:You will not use the Site and/or Services in a manner that:
a) violates or infringes the rights of Zenlive, other users, or any other party, including patent, trademark, trade secret, copyright, or other intellectual property rights, privacy rights, or publicity rights;
b) promotes racism, bigotry, hatred, or harm of any kind against any group or individual;
c) is intended to, may, or does harass, annoy, threaten, harm, or intimidate any other users of the Site or Services;
d) reproduces, duplicates, copies, sells, resells, or exploits any portion of the Site or Services;
e) is defamatory, inaccurate, abusive, obscene, profane, offensive, tortuous, or otherwise objectionable;
f) violates any local, state, national, or international law or regulation;
g) promotes illegal or unlawful activities;
h) may defraud or deceive others;
i) collects, stores, or disseminates personal information about any other user or third party without his/her permission;
j) uses scripts, bots, or other automated technology to access the Site and/or Services;
k) interferes with or disrupts the Site and/or Services or servers, computers, or networks connected to the Site and/or Services;
l) uses the Site and/or Services for chain letter, junk mail, or spam email; or
m) frames the Site, places pop-up windows over the Site, or affects the display of its pages without Zenlive’s prior written consent.
No False Information:You will not provide inaccurate or false information to Zenlive, any user, or others.
Registration and Profile:You may be required to register and maintain a profile in connection with your use of the Site and/or Services. You agree to submit accurate and truthful information during registration and maintain the accuracy of such information. You may be required to create a username and password for the usage of the Site and the Services. You’re solely responsible for keeping your password safe and for any activity that occurs using your account username or profile. Let us know immediately if your password is stolen.
No Advertising or Commercial Solicitation:You agree not to advertise or solicit any user to buy or sell any products or services through the Site and/or Services without Zenlive’s prior written consent. You agree not to use any information obtained from the Site and/or Services in order to contact, advertise to, solicit, make offers to, or sell to any user without their prior explicit consent.
Limits on Personal and Non-commercial use: You shall not recompile, disassemble, copy, modify, distribute, transmit, display, perform, reproduce, publish or create derivative works from, transfer, or sell any information, software, products, tools or services accessed from this web site. The User may not rent, lease, sell, sublicense, lend or in any manner allow any other party to use the Service, with or without consideration.
What this means: There are a number of rules you must follow while using our Site and Services.
LICENSE TO POSTED CONTENT
Any and all information posted by you will be owned by you. However, by posting information or content to the Site, you automatically grant, and you represent and warrant that you have the right to grant, to Zenlive, an irrevocable, perpetual, non-exclusive, fully-paid, worldwide license to use, reproduce, publicly perform, publicly display and distribute such information and content, and to prepare derivative works of, or incorporate into other works, such information and content, and to grant and authorize sub-licenses of the foregoing.
What this means: Any information you submit to us is owned by you, but you give us a license to use that information.
Our Site and Service may have links to third party websites. Generally, most third party websites are safe; however, we do not edit, endorse, screen, monitor or control these websites. Please exercise caution when visiting a third party site.
What this means: Third party links may be accessible through our Site, please use caution when visiting any third party sites.
You agree to defend, indemnify and hold harmless Zenlive, its officers, directors, employees, affiliates and agents, 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:
a) your use of and access to the Site or Service;
b) your violation of any term of these Terms of Service;
c) any claim that your actions or actions using your account harmed a third party.
You also agree that you have a duty to defend us against such claims and we may require you to pay for an attorney(s) of our choice in such cases. You agree that this indemnity extends to requiring you to pay for our reasonable attorneys’ fees, court costs, and disbursements. In the event of a claim such as one described in this paragraph, we may elect to settle with the party/parties making the claim and you shall be liable for the damages as though we had proceeded with a trial.
What this means: You agree to indemnify us for your use of the Site and Service and for any claims that your actions harmed a third party.
DISCLAIMERS AND LIMITATIONS OF LIABILITY
PLEASE READ THIS SECTION CAREFULLY SINCE IT LIMITS THE LIABILITY OF ZENLIVE, ITS OFFICERS, DIRECTORS, EMPLOYEES, AFFILIATES, OR AGENTS. EACH OF THE SUBSECTIONS BELOW ONLY APPLIES UP TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW. NOTHING HEREIN IS INTENDED TO LIMIT ANY RIGHTS YOU MAY HAVE WHICH MAY NOT BE LAWFULLY LIMITED.
THE SITE AND SERVICES ARE MADE AVAILABLE TO YOU ON AN “AS IS” AND “AS AVAILABLE” BASIS. YOU UNDERSTAND AND AGREE THAT THERE ARE RISKS IN USING THE SITE OR SERVICES AND YOUR USE OF THE SITE OR SERVICES IS SOLELY AT YOUR OWN DISCRETION AND RISK.
ZENLIVE AND ITS AFFILIATES MAKE NO CLAIMS OR PROMISES ABOUT THE CONDUCT OF OTHERS. ACCORDINGLY, ZENLIVE AND ITS AFFILIATES ARE NOT LIABLE TO YOU OR ANY OTHER PERSON FOR ANY LOSS OR DAMAGE THAT MIGHT ARISE FROM THEIR ACTIONS.
ZENLIVE AND ITS AFFILIATES MAKE NO CLAIMS OR PROMISES ABOUT THE QUALITY, ACCURACY, RELIABILITY, OR LEGALITY OF ANY USER-PROVIDED CONTENT OR CONTENT PROVIDED BY THIRD PARTIES, INCLUDING BUT NOT LIMITED TO, THE VOLUNTEER OR NONPROFIT RATINGS AND REVIEWS, THE SKILLS AND ABILITIES OF THE VOLUNTEERS, OR THE VOLUNTEER OPPORTUNITIES. ACCORDINGLY, ZENLIVE IS NOT LIABLE TO YOU FOR ANY LOSS OR DAMAGE THAT MIGHT ARISE FROM RELIANCE ON USER-PROVIDED CONTENT OR CONTENT PROVIDED BY THIRD PARTIES. IT IS SOLELY YOUR RESPONSIBILITY TO EVALUATE THE ACCURACY, COMPLETENESS, AND USEFULNESS OF ALL INFORMATION YOU ACCESS OR OBTAIN THROUGH THE SITE AND/OR SERVICES.
NO RELATIONSHIP WOULD BE CREATED BETWEEN ZENLIVE AND ANY USERS OF THE SITE ON PROVISION OF THE SERVICES. YOU HEREBY CONSENT TO TRANSFER OF ANY AND ALL INFORMATION PROVIDED BY YOU TO ZENLIVE TO THIRD PARTIES IN CONNECTION WITH OR RELATED TO THE SERVICES. IF YOU HAVE A DISPUTE WITH ANOTHER USER, YOU AGREE THAT ZENLIVE IS NOT REQUIRED TO ASSIST YOU IN THE DISPUTE.
ZENLIVE EXPRESSLY DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, WITH RESPECT TO THE SERVICES AND THE SITE, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. ZENLIVE MAKES NO WARRANTY THAT THE SITE OR SERVICES WILL MEET YOUR REQUIREMENTS, OR WILL BE TIMELY, SECURE, CURRENT, ACCURATE, COMPLETE, OR ERROR-FREE, OR THAT THE RESULTS OBTAINED BY USE OF THE SITE AND/OR SERVICES WILL BE ACCURATE OR RELIABLE.
YOU UNDERSTAND AND AGREE THAT YOUR SOLE AND EXCLUSIVE RIGHT AND REMEDY WITH RESPECT TO ANY DEFECT IN OR DISSATISFACTION WITH THE SITE AND/OR SERVICES OR ANY OTHER GRIEVANCE SHALL BE YOUR DISCONTINUATION OF ACCESS TO, OR USE OF THE SITE AND/OR SERVICES.
ZENLIVE’S MAXIMUM AGGREGATE LIABILITY TO YOU FOR LOSSES OR DAMAGES THAT YOU SUFFER IN CONNECTION WITH THE SITE AND/OR SERVICES OR THIS AGREEMENT ARE LIMITED TO INR [●].
ZENLIVE DISCLAIMS ALL LIABILITY, AND YOU HEREBY AGREE THAT ZENLIVE SHALL NOT BE LIABLE FOR ANY (1) INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, EXEMPLARY OR CONSEQUENTIAL DAMAGES, (2) LOSS OF OR DAMAGE TO REPUTATION OF YOU OR ANY THIRD PARTY, (3) LOSS OF INFORMATION OR DATA, (4) USE, INABILITY TO USE, INTERRUPTION, SUSPENSION, OR TERMINATION OF THE SITE OR SERVICES, (5) LINK PROVIDED IN CONNECTION WITH THE SITE OR SERVICES, (6) DELETION, MISDELIVERY, FAILURE, OR UNTIMELINESS IN POSTING OR STORING ANY INFORMATION, OR (7) MATTERS OTHERWISE RELATED TO YOUR USE OF THE SITE OR SERVICES.
What this means: Our Site and Service are offered as-is and we limit our liability as much as legally allowed. Please read the whole section as the provisions may affect your rights.
TERM AND TERMINATION
This Agreement becomes effective once you use our Site or register for our Service, and will remain in effect until this Agreement is terminated by us. If you wish to terminate your account send us an email at [●]. However, we reserve the right to remove your account at any time, for any reason.
What this means: This Agreement becomes effective once you begin using our Site or Services.
The Site and any Services may be modified, updated, interrupted, suspended, or discontinued at any time without notice to you or liability to Zenlive. If you object to any modifications, your sole recourse is to stop using the Site or Services. Continued use of the Site or Services following modifications shall indicate your acknowledgement of such modifications and agreement to use the Site and Services as modified.
The “What It Means” clarifiers are only intended to help assist in the readability of this Agreement. The “What It Means” provisions are not part of the Agreement, are not intended to clarify or assist in interpreting any provision in this Agreement, and do not impart any binding or contractual obligations or responsibilities to either Party.
* Disclaimer: These T&C have been created using other websites as a frame of reference; adapted and modelled especially from CatchAFire.