For purposes of this document, “Company” is defined as “Zoltan Entertainment”
Privacy And Personal Information
You Are Responsible For Your Account
If you are given a password to access the Services, you are responsible for maintaining the confidentiality of your password. Furthermore, you are responsible for all activities that occur in your account and you agree to notify Company immediately of any unauthorized use of your account. Company is not responsible for any loss that you may incur as a result of any unauthorized person using your account or your password.
You agree that your Company account is non-transferable and any rights to your user ID, or any Content or other materials within your account, terminate upon your death.
Personal And Non-Commercial Use Only
Prohibited activities include, but are not limited, to the following: (1) sending unsolicited bulk and/or commercial messages over the Internet (known as “spamming”); (2) engaging in any activity that infringes or misappropriates the intellectual property rights of others, including copyrights, trademarks, service marks, trade secrets, software piracy, and patents held by individuals, corporations, or other entities, and/or engage in activity that violates privacy, publicity, or other personal rights of others; (3) advertising, transmitting, storing, posting, displaying, or otherwise making available child pornography or obscene speech or material; (4) transmitting or posting defamatory, harassing, abusive, or threatening language; (5) forging or misrepresenting message headers, whether in whole or in part, to mask the originator of the message; (6) accessing illegally or without authorization computers, accounts, or networks belonging to another party, or attempting to penetrate security measures of another individual’s system (often known as “hacking”) or engaging in any activity that might be used as a precursor to an attempted system penetration (i.e. port scan, stealth scan, or other information gathering activity); (7) distributing information regarding the creation of and sending Internet viruses, worms, Trojan horses, pinging, flooding, mail bombing, or denial of service attacks, and/or engaging in activities that disrupt the use of or interfere with the ability of others to effectively use the Services or any connected network, system, service, or equipment; (8) advertising, transmitting, or otherwise making available any software, program, product, or service that is designed to violate this code of conduct, which includes the facilitation of the means to spam, initiation of pinging, flooding, mail bombing, denial of service attacks, and piracy of software; (9) exporting encryption software over the Internet or otherwise, to points outside the United States; (10) engaging in activities that are determined to be illegal, including but not limited to: advertising, transmitting, or otherwise making available ponzi schemes, pyramid schemes or the like; fraudulently charging credit cards; and pirating software; (11) engaging in activities, whether lawful or unlawful, that we determine, in our sole discretion, to be harmful to its users, operations, reputation, goodwill, or user relations.
Company urges you to assume that all of your on-line communication is insecure. Company cannot take any responsibility for the security of information transmitted over Company’s facilities or the Services.
Company will not regularly monitor messages sent or received by you unless required to do so by law, governmental authority, or when public safety or some other policy is at stake. Company may, however, monitor its service electronically to determine that its facilities are operating satisfactorily. Also, Company may disclose information, including but not limited to, information concerning you or a transmission made via the Service in order to comply with a court order, subpoena, summons, discovery request, warrant, statute, regulation, or governmental request. Company assumes no obligation to inform you that your information has been provided and in some cases may be prohibited by law from giving such notice. Finally, Company may disclose your information or information transmitted over the Services where necessary to protect Company and others from harm, or where such disclosure is necessary to the proper operation of the Services.
Your Feedback and Suggestions Submitted To Company
User Supplied Content
Company takes no responsibility and assumes no liability for any User Supplied Content that you or any other Users or third parties post or send over the Service. You understand and agree that any loss or damage of any kind that occurs as a result of the use of any User Supplied Content that you upload, download, stream, post, transmit, display, or otherwise make available or access through your use of the Service, is solely your risk and responsibility. Company neither endorses nor is responsible for the accuracy or reliability of any content, opinion, advice, information, or statement made by anyone on or in connection with the Services.
Content Available on the Company Services
Failure to Provide Content or Services
Neither Company nor any affiliate of Company is responsible for any delay or failure to provide content or other services where such delay or failure is due to causes outside of Company’s control. Regardless of any promises, statements or representations made to you, any such failure or delay will not entitle you to any credit or refund of fees.
Software Available on the Company Services
Policy on Emailing, Blogging, Chatting
In no way is Company or any of its affiliates liable for any claims arising from your use of any Email/Blog/Chat Services. As a condition of your use, you agree to indemnify Company and its affiliates for all claims relating to your use, reproduction of, and/or receipt or distribution of content through the Email/Blog/Chat Services. Company reserves the right, in its sole discretion and at any time: to modify or discontinue the Email/Blog/Chat Services; to limit, terminate or suspend your use of the Email/Blog/Chat Services; and to assess charges for the use of the Email/Blog/Chat Services in the future.
NULL PARADOX, COMPANY AND THEIR RESPECTIVE AFFILIATES, DESIGNEES AND LICENSEES MAKE NO REPRESENTATIONS OR WARRANTY ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES, AND RELATED GRAPHICS AND SOUND RECORDINGS CONTAINED ON OR OBTAINED THROUGH THE COMPANY SERVICES FOR ANY PURPOSE. ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES, AND RELATED GRAPHICS AND SOUND RECORDINGS ARE PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND. NULL PARADOX, COMPANY AND THEIR RESPECTIVE SUPPLIERS, AFFILIATES, DESIGNEES AND LICENSEES AND/OR THEIR RESPECTIVE SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS, SERVICES, AND RELATED GRAPHICS AND SOUND RECORDINGS, INCLUDING ALL IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.
Limitation of Liability
Company may, but has no obligation, to provide information about how to use the Services. If you have any questions about the Services or any problems that you would like to report, please contact Customer Support (if available).
Termination And Restriction Of Access
You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of this Site, the Services, or this Agreement (or any other agreement incorporated herein), must be filed within one (1) year after such claim or cause of action arose or forever be barred.
Intellectual Property Notices
This Web site and all of its contents: Copyright © 2012 by Zoltan Entertainment or its affiliates or designees. All rights reserved.
2012 December 13