Zinemaya Terms of Use

Thank you for visiting http://www.zinemaya.com owned and/or operated by Zinemaya. Access to this website (the "Site"), is offered to you, the individual user, by Zinemaya. These Terms and Conditions of Use ("Terms of Use") govern your use of the Site.

Limited use of the Site is offered to you by Zinemaya subject to, and conditioned upon your acceptance of, these Terms of Use. Your use of the Site constitutes your legally binding acceptance of and agreement to these Terms of Use. Under these Terms of Use only, Zinemaya grants you a license to view and use the interactive features of this Site. If you do not agree to these Terms of Use, you are not an authorized user and should discontinue any use of the Site.

Zinemaya reserves the right to change or modify these Terms of Use at any time without notice to you. Please read these Terms of Use carefully, as you are bound to comply with the provisions herein.

OWNERSHIP AND INTELLECTUAL PROPERTY

Ownership. Zinemaya is the owner and proprietor of the Site. The Site Content and Site Code as they exist on the Site are offered to you by Zinemaya for limited use pursuant to these Terms and Use. "Site Content" means any and all human readable audio and/or visual elements of the Site, including without limitation, any text, graphics, images, illustrations, photographs animation, video/audio or audiovisual works, designs or logos, information, and other content made available through the Site. "Site Code" means any and all underlying elements of this Site, including without limitation source code, script, object code, software, computer programs, and other sets of statements or instructions contained in or underlying the Site. Site Content and Site Code may sometimes be collectively referred to herein as the "Materials."

Copyright. The Site Content and Site Code are owned by Zinemaya and/or its licensors and content providers and are protected by applicable domestic and international copyright laws. Copyright copy; 1999-2007 Zinemaya, Inc. All Rights Reserved. Unless expressly permitted on the Site by Zinemaya, you shall not copy, distribute, publish, perform, modify, download, transmit, transfer, sell, license, reproduce, create derivative works from or based upon, distribute, post, publicly display, frame, link, or in any other way exploit any of the Site Content or Code, in whole or in part. Links to the Site, other than to the Home Page, are only permitted upon express permission from and arrangement with Zinemaya. Any rights not expressly granted to you herein are reserved. Any violation of copyright laws may result in severe civil and criminal penalties. Violators will be prosecuted to the maximum extent possible.

Copyright Complaints. If you believe that your copyrightable work of authorship has been copied and is being displayed on the Site in such a way that would give rise to a claim for copyright infringement, please follow the procedure regarding Notice and Claims for Copyright Infringement:

NOTICE REQUIREMENTS

An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;
A description of the copyrighted work that you claim has been infringed upon;
A description of where the material that you claim is infringing is located on the Site, including any information, documentation or web address(es) which would assist Zinemaya in locating that material;
Your address, telephone number and e-mail address;
A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or permissible by law;
A statement by you under the penalty of perjury that the information in your notice is accurate that you are the copyright owner or authorized to act on the owner's behalf. Please send all claims to support@zinemaya.com

These Terms of Service apply to all users of the Zinemaya Website, including users who are also contributors of video content, information, and other materials or services on the Website. The Zinemaya Website may contain links to third party websites that are not owned or controlled by Zinemaya. Zinemaya has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party websites. In addition, Zinemaya will not and cannot censor or edit the content of any third-party site. By using the Website, you expressly relieve Zinemaya from any and all liability arising from your use of any third-party website. Accordingly, we encourage you to be aware when you leave the Zinemaya Website and to read the terms and conditions and privacy policy of each other website that you visit.

3. Website Access

A. Zinemaya hereby grants you permission to use the Website as set forth in this Terms of Service, provided that: (i) your use of the Website as permitted is solely for your personal, noncommercial use; (ii) you will not copy or distribute any part of the Website in any medium without Zinemaya's prior written authorization; (iii) you will not alter or modify any part of the Website other than as may be reasonably necessary to use the Website for its intended purpose; and (iv) you will otherwise comply with the terms and conditions of these Terms of Service.

B. In order to access some features of the Website, you will have to create an account. You may never use another's account without permission. When creating your account, you must provide accurate and complete information. You are solely responsible for the activity that occurs on your account, and you must keep your account password secure. You must notify Zinemaya immediately of any breach of security or unauthorized use of your account. Although Zinemaya will not be liable for your losses caused by any unauthorized use of your account, you may be liable for the losses of Zinemaya or others due to such unauthorized use.

C. You agree not to use or launch any automated system, including without limitation, "robots," "spiders," "offline readers," etc., that accesses the Website in a manner that sends more request messages to the Zinemaya servers in a given period of time than a human can reasonably produce in the same period by using a convention on-line web browser. Notwithstanding the foregoing, Zinemaya grants the operators of public search engines permission to use spiders to copy materials from the site for the sole purpose of creating publicly available searchable indices of the materials, but not caches or archives of such materials. Zinemaya reserves the right to revoke these exceptions either generally or in specific cases. You agree not to collect or harvest any personally identifiable information, including account names, from the Website, nor to use the communication systems provided by the Website for any commercial solicitation purposes. You agree not to solicit, for commercial purposes, any users of the Website with respect to their User Submissions.

Not Intended for Minors. Much of the content on the Site is inappropriate for children. As such, the Site is intended for use by persons over the age of eighteen (18) years of age (those persons who are younger than 18 years of age [or such other age as may be required in your jurisdiction] are referred to herein as "Minors"). The Site Content may be confusing or offensive to Minors. Any Minor should seek consent from his/her legal guardian before using this Site, and such legal guardian should strictly monitor such Minor's use of the Site. Persons aged between 13 and 18 may use the Site only with the consent of such person's parent or guardian. If you are aged between 13 and 18 and have not received the consent of your parent or guardian to use the Site or if you are younger than 13, please exit our Site.

Username/Password. Zinemaya may issue you (or you may create) a username and/or password for access to certain portions of, or services provided via, the Site. You shall hold and secure any such username or password as strictly confidential. Accordingly, you shall not allow friends, family, business associates or other persons access to or use of such username or password. You shall not post the username or password on any website nor transmit it through unsecured sites. Zinemaya shall not be responsible whatsoever in the event that your password is misappropriated by a third party.

Communications/ Messages from Users. You acknowledge and agree that any public Communications made to or by means of any portion of the Site are public. You acknowledge that (i) you have no expectation of privacy in any public Communication and (ii) no confidential, fiduciary, contractually implied or other relationship is created between you and Zinemaya by reason of your transmitting a public Communication to any area of the Site. As used in these Terms of Use, "Your Posted Material" means any information, messages, e-mails, postings, on-line discussions, literary works, drawings, illustrations or images, films or digital content, or any other copyrightable work or non-copyrightable idea, expression, or communication, regardless of whether you authored or created such work or communication, which you cause to be posted to, submitted to, or in any way transmitted via, the Site. You agree that none of Your Posted Material will contain information or content that (i) infringes on the copyright or any other rights of any person or entity; (ii) reveals trade secrets or any information which you have agreed, expressly or impliedly, to keep confidential; (iii) includes sexually explicit images, depictions, or content; (iv) is obscene, indecent, defamatory, abusive, or otherwise unlawful; (v) contains a virus or any other potentially damaging content; (vi) constitutes harassment or stalking; or (vii) constitutes invasion of privacy, or misappropriation of statutory or common law rights to publicity or personality. Additionally, even if such content is legal, you agree that none of Your Posted Material will contain information or content that: (a) contains or constitutes commercial advertising, solicitation, informational announcements, or political tracts; (b) constitutes, contains, or encourages "make-money fast" type messages, "chain letters" or "pyramid schemes" of any type; (c) contains false or misleading information; (d) is purportedly sent from a person other than yourself (e.g., impersonation of another person or user); or (e) with respect to "chat rooms" or other mechanism for real time dialogue between users, disrupts the normal flow of dialogue, or posts comments that are not related to the topic being discussed (unless it is clear that the discussion is free-form). Zinemaya shall have the right in its sole discretion to edit, refuse to post or remove any material submitted to or posted on the Site for any reason whatsoever. Zinemaya reserves the right to expel you from or suspend your access to any or all parts of the Site for violating the law or these Terms of Use. Notwithstanding the foregoing, you are solely responsible for all materials you post on or submit to the Site and you acknowledge that Zinemaya may not be monitoring the Site and you are not relying upon Zinemaya to monitor the Site. Zinemaya takes violations of its customers' rights and its own rights seriously, and makes efforts to report any potential criminal violations to appropriate authorities.

License to Your Postings to the Site; Indemnity. By posting any notes, message/billboard postings, ideas, suggestions, concepts or other material to the Site, or e-mailing them to us, you automatically grant to Zinemaya a royalty-free, perpetual, irrevocable, non-exclusive, transferable right and license to use, reproduce, modify, publish, edit, translate, distribute, perform, display and otherwise exploit such material, including, but not limited to, all rights in copyright to such material and all elements thereof alone or as part of other works, throughout the universe, in perpetuity, in any form, media, or technology, whether now known or hereafter devised, and to sublicense such rights through multiple tiers of sublicenses, all without any obligation to you, whether by way of compensation, attribution or otherwise. You represent, warrant, and guarantee that (a) you have the full and unrestricted right to grant such rights to your posted material, and that there are no other agreements with any third party in conflict herewith; and (b) Zinemaya's exercise of its rights granted by you hereunder shall not infringe upon any copyright or any other subsisting right of any third party. You waive any and all so-called "Moral Rights" or similar rights under any jurisdiction, now or hereafter recognized with respect to Zinemaya's (or its assignee's) exercise of its rights hereunder. Moreover, you agree to indemnify and hold Zinemaya harmless from and against any and all claims, demands, damages, losses, liabilities and causes of action of any kind or character, made by you or any third party against Zinemaya, arising out of or relating to Zinemaya's exercise of such rights to your posted material, your publication or transmittal of any materials, or your failure to comply or your alleged failure to comply with these Terms of Use.

Objectionable Material. You understand that through your use of the Site you may encounter content that may be deemed offensive, indecent, or objectionable, which content may or may not be identified as such. You agree to use the Site at your sole risk and that Zinemaya shall have no liability to you for the type of content that you may access, including without limitation content that you may find offensive, indecent, or objectionable.

10 Your Information. You agree to provide accurate, current, and complete information required to use the Site and at other points as may be required in the course of using the Site. You further agree to maintain and update your information to keep it accurate, current, and complete. Zinemaya may terminate your right to use any or all of the Site if any information you provide is false, inaccurate or incomplete. You agree that Zinemaya may store and use the information you provide (including credit card information) for use in maintaining your accounts and billing fees to your credit card. You agree that Zinemaya and its affiliates may collect and use information consistent with the Terms of Use. Zinemaya shall use reasonable efforts to protect information submitted by you in connection with its services, but you acknowledge and agree that your submission of such information is at your sole risk, and Zinemaya hereby disclaims any and all liability to you for any loss or liability relating to such information in any way.

Security. You understand that the content purchased through the Site may be altered with technology and/or rules that protect digital information from access and may limit or restrict your usage of content to certain usage rules established by Zinemaya and its licensors ("Usage Rules") in accordance with the Terms of Use. You agree to comply with such Usage Rules. Usage Rules may be controlled and monitored by Zinemaya for compliance purposes, and Zinemaya reserves the right to enforce the Usage Rules with or without notice to you.

Delivery and Storage of Content. You acknowledge that use of content may require the use of other hardware and software products and that such hardware and software is your responsibility. Once you rent or purchase a copy of content and you receive it, it is your responsibility not to lose, destroy, or damage the content, and Zinemaya shall be without liability to you in the event of any loss, destruction, or damage

No Right To Continued Service. You acknowledge that Zinemaya licenses some or all of the content under agreement with third parties, and that Zinemaya is constantly administering the Site, including the Usage Rules. Zinemaya may add, delete or disable content, and/or add, delete, disable or modify some or all of the Site, at its sole election, and you acknowledge: (1) that you may no longer be able to use the Site to the same extent - or at all - as prior to such change or discontinuation, and (2) that Zinemaya shall have no liability to you in such case. In no event will Zinemaya be liable for the removal of or disabling of access to any content, materials or functionality of the Site. Zinemaya may also impose limits on the use of or access to certain features or portions of the content or the Site, in any case and without notice or liability.

DISCLAIMER OF WARRANTY; LIMITATION OF LIABILITY

YOU AGREE THAT YOUR USE OF THE Zinemaya WEBSITE SHALL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, Zinemaya, ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE WEBSITE AND YOUR USE THEREOF. Zinemaya MAKES NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THIS SITE'S CONTENT OR THE CONTENT OF ANY SITES LINKED TO THIS SITE AND ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR WEBSITE, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR WEBSITE, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH OUR WEBSITE BY ANY THIRD PARTY, AND/OR (V) ANY ERRORS OR OMISSIONSIN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE Zinemaya WEBSITE. Zinemaya DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE Zinemaya WEBSITE OR ANY HYPERLINKED WEBSITE OR FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND Zinemaya WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE.

7. Limitation of Liability

IN NO EVENT SHALL Zinemaya, ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS, BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER RESULTING FROM ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR WEBSITE, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR WEBSITE, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH OUR WEBSITE BY ANY THIRD PARTY, AND/OR (V) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF YOUR USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE Zinemaya WEBSITE, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER ORNOT THE COMPANY IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.

YOU SPECIFICALLY ACKNOWLEDGE THAT Zinemaya SHALL NOT BE LIABLE FOR USER SUBMISSIONS OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY AND THAT THE RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH YOU.

The Website is controlled and offered by Zinemaya from its facilities in the United States of America. Zinemaya makes no representations that the Zinemaya Website is appropriate or available for use in other locations. Those who access or use the Zinemaya Website from other jurisdictions do so at their own volition and are responsible for compliance with local law.

8. Indemnity

You agree to defend, indemnify and hold harmless Zinemaya, its parent corporation, officers, directors, employees 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: (i) your use of and access to the Zinemaya Website; (ii) your violation of any term of these Terms of Service; (iii) your violation of any third party right, including without limitation any copyright, property, or privacy right; or (iv) any claim that one of your User Submissions caused damage to a third party. This defense and indemnification obligation will survive these Terms of Service and your use of the Zinemaya Website.

9. Ability to Accept Terms of Service

You affirm that you are either more than 18 years of age, or an emancipated minor, or possess legal parental or guardian consent, and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in these Terms of Service, and to abide by and comply with these Terms of Service. In any case, you affirm that you are over the age of 13, as the Zinemaya Website is not intended for children under 13. If you are under 13 years of age, then please do not use the Zinemaya Website - there are lots of other great web sites for you. Talk to your parents about what sites are appropriate for you.

10. Assignment

These Terms of Service, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by Zinemaya without restriction.

11. GENERAL TERMS

You agree that: (i) the Zinemaya Website shall be deemed solely based in Massachusetts; and (ii) the Zinemaya Website shall be deemed a passive website that does not give rise to personal jurisdiction over Zinemaya, either specific or general, in jurisdictions other than Massachusetts. These Terms of Service shall be governed by the internal substantive laws of the State of Massachusetts, without respect to its conflict of laws principles. Any claim or dispute between you and Zinemaya that arises in whole or in part from the Zinemaya Website shall be decided exclusively by a court of competent jurisdiction located in Massachusetts. These Terms of Service, together with the Privacy Policy and any other legal notices published by Zinemaya on the Website, shall constitute the entire agreement between you and Zinemaya concerning the Zinemaya Website. If any provision of these Terms of Service is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms of Service, which shall remain in full force and effect. No waiver of any term of this these Terms of Service shall be deemed a further or continuing waiver of such term or any other term, and Zinemaya's failure to assert any right or provision under these Terms of Service shall not constitute a waiver of such right or provision. Zinemaya reserves the right to amend these Terms of Service at any time and without notice, and it is your responsibility to review these Terms of Service for any changes. Your use of the Zinemaya Website following any amendment of these Terms of Service will signify your assent to and acceptance of its revised terms. YOU AND Zinemaya AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE Zinemaya WEBSITE MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.