 |
|
With respect to your access and use of the Zuujit Sites and Zuujit Services, Zuujit provides its services to you, subject to the following Terms of Use ("TOU"), which may be updated by Zuujit from time to time without notice to you, and which updates become effective when posted. You are responsible for regularly reviewing these terms and conditions.
In addition, when using particular Zuujit web sites or services, you and Zuujit shall be subject to any posted guidelines or rules applicable to such sites or services which may be posted from time to time. All such guidelines or rules are hereby incorporated by reference into these TOU. In the event that any of the terms, conditions, and notices contained herein conflict with such guidelines or rules, then these terms shall control.
You agree to be bound by these TOU, and indicate such agreement by any access or use of Zuujit Sites and Services. If you do not agree to these TOU, do not access and use the Zuujit Sites and Services.
Subject to these TOU, Zuujit hereby grants you the right to access and use the Zuujit Sites and Services solely for the following purposes: (i) if you are accessing the Zuujit Sites and Services as an individual, then any and all use of the Zuujit Sites and Services is for your personal, non-commercial use only; or (ii) if you are accessing the Zuujit Sites and Services on behalf of a business entity, then any and all use of the Zuujit Sites and Services must be for such business entity's internal business purposes in connection with the establishment or continuation of a business relationship with Zuujit. Zuujit retains all rights with respect to the Zuujit Sites and Services except those expressly granted to you in this Agreement.
Except as expressly permitted hereunder, you agree not to duplicate, publish, modify, or otherwise distribute the material on the Zuujit Sites and Services unless specifically authorized in writing by Zuujit to do so. You agree not to frame, or assist third parties in framing, any of the web pages contained in the Zuujit Sites. Such framing is strictly prohibited under this Agreement. The content and software on the Zuujit Sites are the proprietary property of Zuujit and/or its suppliers and Partners and are protected by U.S. and international copyright and other intellectual property laws. Zuujit and Zuujit.com are the trademarks of Zuujit. The names of actual companies and products listed on the Zuujit Sites and Services may be the trademarks of their respective owners.
Without limiting other remedies, we may limit, suspend, or terminate our service and user accounts, prohibit access to our website, delay or remove hosted content, and take technical and legal steps to keep users off the Sites if we think that they are creating problems, possible legal liabilities, or acting inconsistently with the letter or spirit of our policies. We also reserve the right to cancel unconfirmed accounts or accounts that have been inactive for a long time.
The Zuujit Sites and Services may contain links or produce search results that reference links to third party web sites ("Linked Sites"). Zuujit has no control over these Linked Sites or the content within them. Zuujit cannot and does not guarantee, represent, or warrant that the content contained in the Linked Sites, including, without limitation other links, is accurate, legal, and/or inoffensive. Zuujit does not endorse the content of any Linked Site, nor do we warrant that a Linked Site will not contain computer viruses or other harmful code that can impact your computer or other web access device. By using the Zuujit Sites to search for or link to another site, you agree and understand that such use is entirely at your own risk, and that you may not make any claim against Zuujit for any damages or losses whatsoever resulting from such use. However, if you experience a problem with a Linked Site, please let us know at support@Zuujit.com, and we will investigate the link and take appropriate action.
As a condition of your use of the Zuujit Sites and Services, you warrant to Zuujit that you will not use the Zuujit Sites and Services for any purpose that is unlawful or prohibited by these TOU. You agree not to use the Zuujit Sites and Services in any manner that could damage, disable, overburden, or impair the Zuujit Sites and Services or interfere with any other party's use and enjoyment of the Zuujit Sites and Services. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the Zuujit Sites and Services.
Additionally, you agree that you will not:
Take any action that imposes or may impose (in our sole discretion) an unreasonable or disproportionately large load on our infrastructure;
Copy, reproduce, modify, create derivative works from, distribute, or publicly display any content (except for your own information) from the Sites without the prior expressed written permission of Zuujit and any appropriate third party, as applicable;
Interfere or attempt to interfere with the proper working of the Sites or any activities conducted on the Sites.
Joining Zuujit is free. We do charge fees for using other services, such as listing items. When you list an item or use a service that has a fee you have an opportunity to review and accept the fees that you will be charged based on our Fees schedule, which we may change from time to time. We may choose to temporarily change the fees for our services for promotional events (for example, free listing days) or new services, and such changes are effective when we post the temporary promotional event or new service on the Sites.
Unless otherwise stated, all fees are quoted in U.S. Dollars. You are responsible for paying all fees and applicable taxes associated with the Sites in a timely manner with a valid payment method. If your payment method fails or your account is past due, we may collect fees owed using other collection mechanisms. (This includes charging other payment methods on file with us and retaining collection agencies and legal counsel.)
We believe that your privacy and the privacy of all our users is important. Please review our Privacy Policy. If you post any content to the Zuujit Sites or Services, by electronic mail or otherwise, we will treat it as non-confidential and non-proprietary to you. By posting any content on the Zuujit Sites, you authorize us to use and allow others to use, distribute, and reproduce the content. Zuujit reserves the right at all times to disclose any information as necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post, or to remove any information or materials, in whole or in part, in Zuujit's sole discretion.
When you give us content, you grant us a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sublicensable (through multiple tiers) right to exercise the copyright, publicity, and database rights (but no other rights) you have in the content, in any media known now or in the future.
You will not hold Zuujit responsible for other users' actions or inactions, including things they post. You acknowledge that the Sites are a venue to allow anyone to offer, sell, and buy just about anything, at anytime, from anywhere, in a variety of pricing formats and venues such as fixed price formats and auction-style formats.
We are not involved in the actual transaction between buyers and sellers. We have no control over and do not guarantee the quality, safety or legality of items advertised, the truth or accuracy of listings, the ability of sellers to sell items, the ability of buyers to pay for items, or that a buyer or seller will actually complete a transaction.
We do not transfer legal ownership of items from the seller to the buyer, and nothing in this agreement shall modify the governing provisions of California Commercial Code § 2401(2) and Uniform Commercial Code § 2-401(2), under which legal ownership of an item is transferred upon physical delivery of the item to the buyer by the seller. Unless the buyer and the seller agree otherwise, the buyer will become the item's lawful owner upon physical receipt of the item from the seller, in accordance with California Commercial Code § 2401(2) and Uniform Commercial Code § 2-401(2).
Further, we cannot guarantee continuous or secure access to our services, and operation of the Sites may be interfered with by numerous factors outside of our control. Accordingly, to the extent legally permitted, we exclude all implied warranties, terms and conditions. We are not liable for any loss of money, goodwill, or reputation, or any special, indirect, or consequential damages arising out of your use of our Sites. Some jurisdictions do not allow the disclaimer of warranties or exclusion of damages, so such disclaimers and exclusions may not apply to you.
Regardless of the previous paragraph, if we are found to be liable, our liability to you or to any third party is limited to the greater of (a) the total fees you paid to us in the 12 months prior to the action giving rise to the liability, and (b) $100.
Zuujit does not promise that the Zuujit Sites or Services will be error-free, uninterrupted, nor that the Zuujit Sites will provide specific results from your use of any content, search or link on them. The Zuujit Sites, Services and all content contained within them are delivered on an "AS IS" and "AS AVAILABLE" basis. Zuujit does not warrant or represent that files you download from the Zuujit Sites will be free of viruses or other harmful features.
ZUUJIT DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY, NONINFRINGEMENT, AND FITNESS FOR A PARTICULAR PURPOSE.
UNDER NO CIRCUMSTANCES, INCLUDING BUT NOT LIMITED TO BREACH OF CONTRACT, TORT OR NEGLIGENCE, WILL ZUUJIT, OR ITS AFFILIATES AND PARTNERS, BE LIABLE FOR ANY INDIRECT, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES (INCLUDING LOST PROFITS) THAT ARISE OUT OF OR ARE RELATED TO YOUR USE OF THE ZUUJIT SITES AND SERVICES. IN NO EVENT SHALL ZUUJIT'S AGGREGATE LIABILITY, OR THE AGGREGATE LIABILITY OF ZUUJITS'S AFFILIATES AND PARTNERS, TO YOU FOR ANY LOSS, DAMAGE OR CLAIM RELATED TO OR ARISING OUT OF THE ZUUJITS SITES EXCEED THE GREATER OF THE FOLLOWING: (A) TOTAL AMOUNTS PAID BY YOU TO ZUUJIT FOR ACCESSING THIS SITE; OR (B) TEN U.S. DOLLARS ($10.00).
You represent, warrant, and covenant that (a) you have the power and authority to enter into this Agreement; (b) you are at least eighteen (18) years of age; and, (c) you will only use the Zuujit Sites and Services in accordance with these TOU. (d) notwithstanding the above, minors are allowed to use the service only with prior written parental or guardian approval.
You agree to indemnify and hold Zuujit and its Partners, affiliates, officers, directors, agents, and employees harmless from any liability to third parties, including reasonable attorney's fees, arising from or related to your breach of this Agreement, or the documents it incorporates by reference, or your violation of any law or the rights of a third party.
Zuujit respects the intellectual property of others, and we ask you to do the same. If you believe some content on the Zuujit Sites has been copied in such as way to constitute copyright infringement, please contact Zuujit: info@Zuujit.com
This Agreement shall be governed in all respects by the laws of the State of California, USA without giving effect to its conflict of laws provisions, or any other provisions that would result in the application of a different body of law. Both parties submit to personal jurisdiction by and venue in the state and federal courts in the State of California, County of Santa Barbara, USA, and further agree that any cause of action arising under this Agreement shall be brought in such venue. Notwithstanding the foregoing, Zuujit may, at any time, seek injunctive or other equitable relief, wherever it deems appropriate, to protect or enforce its rights under this Agreement.
If any provision of this Agreement is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced. Headings are for reference purposes only and in no way define, limit, construe or describe the scope or extent of such section. Zuujit's failure to act with respect to a breach by you or others does not waive its right to act with respect to subsequent or similar breaches. This Agreement and the terms and conditions contained herein sets forth the entire understanding and agreement between us with respect to the subject matter hereof, and supersedes any prior or contemporaneous understanding whether in written or oral form.
© 2007 Zuujit, LLC. All Rights Reserved.