Last Updated: 10/24/2013
Account Registration: As a condition of your use of certain Services, you may be required to register an account with ZipfWorks and must provide true and accurate account information at all times (including, without limitation, ensuring that your account information remains current at all times.)
Account Security: As part of the registration process, you will be instructed to choose a username and password. The selected username and password may only be used by you. You are solely responsible for maintaining and protecting the confidentiality of your username and password, and are fully responsible for all activities that occur thereunder. We reserve the right to reclaim user names on behalf of businesses or individuals that hold legal claim or trademark on those usernames. Accounts using business names and/or logos to mislead others will be permanently suspended.
Registration via Outside Account: You can also register an account with ZipfWorks by logging into the Website via your account with certain third party websites (e.g. Facebook.com and Google.com) (hereafter, the “Outside Account”). In so doing, you are providing your Outside Account login information to ZipfWorks and allowing ZipfWorks to access your Outside Account as is permitted under the applicable terms and conditions that govern your use of each Outside Account. In so doing, you represent that you are entitled to disclose your Outside Account login information to ZipfWorks and/or grant ZipfWorks access to your Outside Account, without breach by you of any of the terms and conditions that govern your use of the applicable Outside Account and without obligating ZipfWorks to pay any fees or making ZipfWorks subject to any usage limitations imposed by such third party websites.
Minimum Age: The Website and Services are intended solely for persons who are 18 years of age or older. Any access to or use of the Website or Services by anyone under 18 years of age is expressly prohibited. By accessing or using the Website or Services, you represent and warrant that you are 18 years old or older.
- Transmitting material that infringes or violates the intellectual property or contractual rights of others or the privacy or publicity rights of others.
- Transmitting content that is unlawful, obscene, defamatory, predatory of minors, threatening, harassing, abusive, slanderous, or hateful to any person or entity as determined by ZipfWorks in its sole discretion.
- Using the Website or Service in a way that is intended to harm, or a reasonable person would understand would likely result in harm, to the user or others.
- Collecting information about others, including e-mail addresses.
- Interfering with or damaging the Website or Services, including, without limitation, through the use of viruses, cancel bots, Trojan horses, harmful code, flood pings, denial-of-service attacks, packet or IP spoofing, forged routing or electronic mail address information or similar methods or technology.
- Posting any materials or otherwise engaging in conduct at the Website in violation of any applicable local, state, national, or international law or regulation.
- Using the Website or Services for any commercial or competitive purpose whatsoever without express, written permission from the Periodical Company.
- Using any deep-link, page-scrape, robot, crawl, index, spider, click spam, macro programs, Internet agent, or other automatic device, program, algorithm or methodology which does the same things, to use, access, copy, acquire information, generate impressions or clicks, input information, store information, search, generate searches, or monitor the Website or Services or any portion thereof, without the express, written consent of the ZipfWorks.
- Taking any action with respect to the Website or Services which we deem to be (in our sole and absolute discretion) inappropriate for, damaging to, or not in the best interest of, the Web Site, any of the Services or the best interests of ZipfWorks’ business operations.
- Assisting any other party in doing or engaging in any of the foregoing conduct.
DISCLAIMER: THE WEBSITE (AND ITS CONTENTS) AND SERVICES ARE PROVIDED AS IS, WITH ALL FAULTS, WITH NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. YOU ASSUME TOTAL RESPONSIBILITY AND RISK FOR YOUR USE OF THE WEBSITE AND SERVICES AND ANY THIRD PARTY WEB SITES YOU MAY ACCESS FROM THE WEBSITE OR SERVICES. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY ZIPFWORKS OR ITS AUTHORIZED REPRESENTATIVES SHALL CREATE A WARRANTY OF ANY KIND. ANY REFERENCES TO SPECIFIC THIRD PARTY PRODUCTS OR SERVICES ON THE WEBSITE DO NOT CONSTITUTE OR IMPLY A RECOMMENDATION OR ENDORSEMENT BY ZIPFWORKS, UNLESS EXPLICITLY STATED OTHERWISE.
The Website Is Solely as a Venue for User/Third Party Content. ZipfWorks does not guarantee the accuracy, integrity, quality or appropriateness of any content transmitted to or through the Website or Services. The Website simply acts as a passive conduit and an interactive computer service provider for the publication and distribution of content users and third party providers. You understand that all content posted on, transmitted through or linked through the Website and Services, are the sole responsibility of the person or party from whom such content originated. You acknowledge that ZipfWorks does not own or control, and is not responsible for any claims, representation or warranties within the content made available through the Website or Services, and that by using the Services, you may be exposed to content that is inaccurate, misleading, or offensive. You agree that you must bear all risks associated with, the use of the Website and Services and any content accessible therefrom.
Third Party Content and Websites. The Website and Services (and any portions or content thereof) may contain features and functionalities that may link to other websites and content offered by third parties which may be of interest to you. We are providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by ZipfWorks of the linked website and/or the content and materials found at the linked website, except as specifically stated otherwise by ZipfWorks. It is your responsibility to take precautions to ensure that whatever you selec for your use is free of viruses or other items of an intrusive nature. We do not accept responsibility for those sites. Accessing any such links from the Website to gain access to other websites is at your own risk.
Third Party Advertising at the Website. In consideration for ZipfWorks granting you access to and use of the Website and Services, you agree that ZipfWorks and its third party providers and partners may place such advertising on the Website or in connection with the display of content or information from the Website or Services whether submitted by you or others. ZipfWorks is not be responsible or liable for any loss or damage of any sort incurred as the result of any such advertising displays while you navigate or use the Website or Services. If there is a dispute arises between you and any third party advertiser relative to interactions or transactions involving the Website or Services, you understand and agree that ZipfWorks bears no liability in connection therewith.
Specific Terms Governing Users Submitting Content to the Website:
The Website and Services may offer users the ability to submit content for display or otherwise publication at the Website, including without, articles, consumer guides, reviews and information about coupon codes or deals (collectively referred to hereafter as “Content”). Any submission of Content by users must comply with the following specific terms:
By submitting Content to the Website or Services, you represent and warrant that you:
- Are at least eighteen (18) years of age;
- Are the author and owner of the intellectual property rights thereto or that you have obtained the necessary waiver of any moral rights owned by any third party in any intellectual property;
- Will not impersonate, or attempt to impersonate, any other person, falsify contact information, misrepresent a relationship with any person or entity, including misrepresenting a relationship with ZipfWorks, or otherwise attempt to mislead others as to the identity of the sender or the origin of a review or rating;
- Will not use the Website or Services in any manner that infringes, misappropriates or violates any third party's rights, including, but not limited to, transmitting any material that may infringe, misappropriate or violate a third party's rights of publicity, contractual rights, fiduciary rights or intellectual property rights;
- Will not send unsolicited email advertisements to any other users of the Website or Services via any contact made through the Website or Services.
Content Requirements: By submitting Content to the Website, you represent and warrant that your Content:
- Constitutes your own work and you own all copyright or other intellectual property rights in and for such Content;
- Will be accurate and based on facts and research referenced within your personal knowledge;
- Does not contain threats to incite violence, does not violate the privacy or publicity rights of any third party, is legal to distribute and is not defamatory, obscene, indecent, abusive, offensive, harassing, violent, hateful, inflammatory or otherwise objectionable;
- Is not authored or displayed in a manner that misleads readers and subscribers into thinking you are a different person or company;
- Does not contain or install any malware, viruses, worms, Trojan horses, or any other destructive content;
- Is not spam or automatically generated, and that it does not content unethical content designed to direct traffic to third party sites; and
- Will not express or imply any endorsement by ZipfWorks (or any of its websites or mobile applications) of any views or opinions expressed therein;
PAID CONTENT SUBMISSIONS: Through the Website and Services, ZipfWorks offers certain users the ability to receive monetary compensation for certain Content submissions. The following terms (including those incorporated by referenced below and the section entitled “Your Grant to ZipfWorks of EXCLUSIVE License to Content” below) govern payments to users related thereto and arising therefrom:
- The amount of payment shall be calculated as provided on the specific submission page for the subject Content and any terms and conditions set forth of such page and incorporated herein by reference;
- If payments from ZipfWorks to you exceed US$600.00, you acknowledge and agree that he or she must provide a US Tax Identification number (Social Security number or otherwise) to ZipfWorks in order to be eligible to receive any further payments;
No Employment Relationship ZipfWorks is not an employment service and does not serve as an employer of any user (regardless of the volume of Content submissions to any ZipfWorks website). ZipfWorks is not be liable for any tax or withholding, including but not limited to unemployment insurance, employer's liability, social security or payroll withholding tax in connection with your use of the Website or Services. You understand and agree that, if ZipfWorks is found to be liable for any tax or withholding tax in connection with your use of the Website or Services, then you will immediately reimburse and pay to ZipfWorks an equivalent amount, including any interest or penalties thereon.
Taxes You are solely responsible for complying with all applicable tax laws and regulations related to your use of the Website and Services. Without limiting the foregoing, each user who receives any compensation from ZipfWorks relative to any content submission(s) is solely responsible for determining any applicable local indirect taxes and for including such taxes or obligations related to such taxes in content submissions. ZipfWorks is not responsible for any taxes related to your use of the Website or Services.
Copyright Infringement Notice: All users of the Website represent and warrant they shall comply with all applicable copyright laws. In the event we receive proper notification of claimed copyright infringement, the response to such notice may include removing or isabling access to material claimed to be the subject of infringing activity and possibly terminating your account and/or the right to use our site. If you believe any material on our site constitutes an infringement of a copyright you own, you may file a notice of infringement to the contact identified below. A user who materially misrepresents that material is infringing will be liable for the costs incurred by us and our associated persons, including attorney fees. Accordingly, if you are uncertain whether you are or you represent the proper copyright holder or if copyright laws protect the subject materials, you are strongly advised to consult a qualified attorney at your own expense.
Any copyright infringement notification must be a written communication, transmitted by fax or regular mail, setting forth the following:
- A physical or electronic signature of the copyright owner or a person authorized to act on their behalf;
- Detailed identification of the copyrighted work claimed to have been infringed;
- Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material;
- Your contact information, including your address, telephone number, and an email address;
- A statement by you that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
- A statement that the information in the notification is accurate, and, under penalty of perjury, that you are authorized to act on behalf of the copyright owner.
Copyright Infringement Notifications should be addressed as follows: firstname.lastname@example.org.
- Modification, Limitation and Discontinuance of Website/Services: ZipfWorks reserves the right at any time to limit access to, modify, change or discontinue any aspect of the Website or Services with or without notice to you. In no event will ZipfWorks be liable to you for any such modification, suspension or discontinuance of the Website or Services. We also retain the right to create limits on use and storage at our sole discretion at any time without prior notice to you. You agree that ZipfWorks will not be liable to you or to any third party for any such limitation, modification, change, suspension or discontinuance of Website or Services.
- DISCLAIMER: ALL SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. ZIPFWORKS ASSUMES NO RESPONSIBILITY OR LIABILITY FOR THE TIMELINESS, DELETION OF CONTENT OR FAILURE BY THE SERVICES. ZIPFWORKS EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT OR ANY WARRANTY THAT (A) SERVICES WILL MEET YOUR REQUIREMENTS, (B) SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE, (C) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF SERVICES WILL BE ACCURATE OR RELIABLE, (D) ANY CONTENT OR INFORMATION YOU PROVIDE OR WE COLLECT WILL NOT BE DISCLOSED OR (E) ANY ERRORS IN ANY SERVICES WILL BE CORRECTED. YOU AGREE THAT USE OF THE SERVICES AND THE WEBSITE IS AT YOUR OWN RISK. IN SOME JURISDICTIONS, DISCLAIMERS OF IMPLIED WARRANTIES ARE NOT PERMITTED. IN SUCH JURISDICTIONS, SOME OF THE FOREGOING DISCLAIMERS MAY NOT APPLY TO YOU AS THEY RELATE TO IMPLIED WARRANTIES.
- LIMITATION OF LIABILITY: TO THE EXTENT ALLOWED BY LAW, IN NO EVENT SHALL THE AGGREGATE LIABILITY OF ZIPFWORKS, INC, OR ANY OF ITS OFFICERS, DIRECTORS, MEMBERS, MANAGERS, EMPLOYEES, AGENTS, LICENSORS, AND SUPPLIERS, EXCEED $100.00. YOU EXPRESSLY UNDERSTAND AND AGREE THAT ZIPFWORKS WILL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, COMPENSATORY, CONSEQUENTIAL OR EXEMPLARY DAMAGES (EVEN IF ZIPFWORKS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES) (COLLECTIVELY, "DAMAGES"), RESULTING FROM: (A) THE USE OR INABILITY TO USE ANY ASPECT OF THE SERVICES; (B) THE COST OF ANY GOODS AND/OR SERVICES PURCHASED OR OBTAINED AS A RESULT OF THE USE OF SERVICES; (C) DISCLOSURE OF, UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR INFORMATION OR CONTENT; (D) CONTENT YOU SUBMIT, RECEIVE, ACCESS, TRANSMIT OR OTHERWISE CONVEY THROUGH THE SERVICES; (E) STATEMENTS OR CONDUCT OF ANY SERVICE PROVIDERS OR OTHER THIRD PARTY THROUGH THE SERVICES; (F) ANY OTHER MATTER RELATING TO THE SERVICES; (G) ANY BREACH OF THIS AGREEMENT BY ZIPFWORKS OR OUR FAILURE TO PROVIDE THE SERVICES UNDER THIS AGREEMENT OR (H) ANY OTHER DEALINGS OR INTERACTIONS YOU HAVE WITH ANY SERVICE PROVIDERS (OR ANY OF THEIR REPRESENTATIVES OR AGENTS). THESE LIMITATIONS SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW. IN SOME JURISDICTIONS, LIMITATIONS OF LIABILITY ARE NOT PERMITTED. IN SUCH JURISDICTIONS, SOME OF THE FOREGOING LIMITATIONS MAY NOT APPLY TO YOU. THIS PARAGRAPH SHALL NOT AFFECT THE RIGHTS LISTED BELOW IN THE SECTION TITLED "INDEMNIFICATION."
- Notice: You agree that ZipfWorks may communicate any notices to you under this Agreement, through electronic mail, regular mail or posting the notices on the Website. All notices to ZipfWorks will be provided by either sending: (i) an email to email@example.com; or (ii) a letter, first class certified mail, to 2425 Olympic Blvd. Suite 160E, Santa Monica, CA 90404, Attn: Customer Support. Such notices will be deemed delivered upon the earlier of the verification of delivery or two (2) business days after being sent.
- Entire Agreement: This Agreement governs your use of the Website and Services and constitutes the entire agreement between you and ZipfWorks. It supersedes any prior or contemporaneous negotiations, discussions or agreements, whether written or oral, between you and ZipfWorks regarding the subject matter contained in this Agreement.
- Notice for Users in California: This notice is for users of the Website residing in the State of California. Please be advised that the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be reached by mail at 1625 North Market Blvd., Sacramento, CA 95834 or by telephone at (800) 952-5210.
- Contact Us: Please feel free to contact us with any comments, questions or suggestions you might have regarding the Website or Services. You may contact us at: firstname.lastname@example.org