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ZombieFriends.com Terms of Use Agreement
October 10th, 2006
ZombieFriends.com is a social networking service that allows Members to
create unique personal profiles online in order to find and communicate
with old and new friends. The services offered by ZombieFriends.com
("ZombieFriends.com" or "we") include the ZombieFriends.com website (the "ZombieFriends
Website"), the ZombieFriends.com Internet messaging service, and any other
features, content, or applications offered from time to time by
ZombieFriends.com in connection with the ZombieFriends Website (collectively, the
"ZombieFriends Services"). The ZombieFriends Services are hosted in the U.S.
This Terms of Use Agreement ("Agreement") sets forth the legally
binding terms for your use of the ZombieFriends Services. By using the
ZombieFriends Services, you agree to be bound by this Agreement, whether you
are a "Visitor" (which means that you simply browse the ZombieFriends
Website) or you are a "Member" (which means that you have registered
with ZombieFriends.com). The term "User" refers to a Visitor or a Member. You
are only authorized to use the ZombieFriends Services (regardless of whether
your access or use is intended) if you agree to abide by all applicable
laws and to this Agreement. Please read this Agreement carefully and
save it. If you do not agree with it, you should leave the ZombieFriends
Website and discontinue use of the ZombieFriends Services immediately. If you
wish to become a Member, communicate with other Members and make use of
the ZombieFriends Services, you must read this Agreement and indicate your
acceptance during the Registration process.
This Agreement includes ZombieFriends.com's policy for acceptable use of
the ZombieFriends Services and Content posted on the ZombieFriends Website, your
rights, obligations and restrictions regarding your use of the ZombieFriends
Services and ZombieFriends.com's Privacy Policy. In order to participate in
certain ZombieFriends Services, you may be notified that you are required to
download software or content and/or agree to additional terms and
conditions. Unless otherwise provided by the additional terms and
conditions applicable to the ZombieFriends Services in which you choose to
participate, those additional terms are hereby incorporated into this
Agreement. You may receive a copy of this Agreement by emailing us at:
privacy@ZombieFriends.com, Subject: Terms of Use Agreement.
ZombieFriends.com may modify this Agreement from time to time and such
modification shall be effective upon posting by ZombieFriends.com on the
ZombieFriends Website. You agree to be bound to any changes to this Agreement
when you use the ZombieFriends Services after any such modification is
posted. It is therefore important that you review this Agreement
regularly to ensure you are updated as to any changes.
Please choose carefully the information you post on ZombieFriends.com and
that you provide to other Users. Your ZombieFriends.com profile may not
include the following items: telephone numbers, street addresses, last
names, and any photographs containing nudity, or obscene, lewd,
excessively violent, harassing, sexually explicit or otherwise
objectionable subject matter. Despite this prohibition, information
provided by other ZombieFriends.com Members (for instance, in their Profile)
may contain inaccurate, inappropriate, offensive or sexually explicit
material, products or services, and ZombieFriends.com assumes no
responsibility or liability for this material. If you become aware of
misuse of the ZombieFriends Services by any person, please contact ZombieFriends or click on the "Report Inappropriate Content" link at the bottom of any ZombieFriends.com page.
ZombieFriends.com reserves the right, in its sole discretion, to reject,
refuse to post or remove any posting (including private messages) by
you, or to restrict, suspend, or terminate your access to all or any
part of the ZombieFriends Services at any time, for any or no reason, with or
without prior notice, and without liability.
- Eligibility. Use of and Membership in the ZombieFriends
Services is void where prohibited. By using the ZombieFriends Services, you
represent and warrant that (a) all registration information you submit
is truthful and accurate; (b) you will maintain the accuracy of such
information; (c) you are 17 years of age or older; and (d) your use of
the ZombieFriends Services does not violate any applicable law or regulation.
Your profile may be deleted and your Membership may be terminated
without warning, if we believe that you are under 17 years of age.
- Term. This Agreement shall remain in full
force and effect while you use the ZombieFriends Services or are a Member.
You may terminate your Membership at any time, for any reason, by
following the instructions on the Member's Account Settings page.
ZombieFriends.com may terminate your Membership at any time, without warning.
Even after Membership is terminated, this Agreement will remain in
effect, including sections 5-17.
- Fees. You acknowledge that ZombieFriends.com
reserves the right to charge for the ZombieFriends Services and to change its
fees from time to time in its discretion. If ZombieFriends.com terminates
your Membership because you have breached the Agreement, you shall not
be entitled to the refund of any unused portion of subscription fees.
- Password. When you sign up to become a
Member, you will also be asked to choose a password. You are entirely
responsible for maintaining the confidentiality of your password. You
agree not to use the account, username, or password of another Member
at any time or to disclose your password to any third party. You agree
to notify ZombieFriends.com immediately if you suspect any unauthorized use
of your account or access to your password. You are solely responsible
for any and all use of your account.
- Non-commercial Use by Members. The ZombieFriends
Services are for the personal use of Members only and may not be used
in connection with any commercial endeavors except those that are
specifically endorsed or approved by ZombieFriends.com. Illegal and/or
unauthorized use of the ZombieFriends Services, including collecting
usernames and/or email addresses of Members by electronic or other
means for the purpose of sending unsolicited email or unauthorized
framing of or linking to the ZombieFriends Website is prohibited. Commercial
advertisements, affiliate links, and other forms of solicitation may be
removed from Member profiles without notice and may result in
termination of Membership privileges. Appropriate legal action will be
taken for any illegal or unauthorized use of the ZombieFriends Services.
- Proprietary Rights in Content on ZombieFriends.com.
- ZombieFriends.com does not claim any ownership rights in the text, files,
images, photos, video, sounds, musical works, works of authorship, or
any other materials (collectively, "Content") that you post to the
ZombieFriends Services. After posting your Content to the ZombieFriends Services,
you continue to retain all ownership rights in such Content, and you
continue to have the right to use your Content in any way you choose.
By displaying or publishing ("posting") any Content on or through the
ZombieFriends Services, you hereby grant to ZombieFriends.com a limited license to
use, modify, publicly perform, publicly display, reproduce, and
distribute such Content solely on and through the ZombieFriends Services.
Without this license, ZombieFriends.com would be unable to provide the
ZombieFriends Services. For example, without the right to modify Member
Content, ZombieFriends.com would not be able to digitally compress music
files that Members submit or otherwise format Content to satisfy
technical requirements, and without the right to publicly perform
Member Content, ZombieFriends.com could not allow Users to listen to music
posted by Members. The license you grant to ZombieFriends.com is
non-exclusive (meaning you are free to license your Content to anyone
else in addition to ZombieFriends.com), fully-paid and royalty-free (meaning
that ZombieFriends.com is not required to pay you for the use on the ZombieFriends
Services of the Content that you post), sublicensable (so that
ZombieFriends.com is able to use its affiliates and subcontractors such as
Internet content delivery networks to provide the ZombieFriends Services),
and worldwide (because the Internet and the ZombieFriends Services are global
in reach). This license will terminate at the time you remove your
Content from the ZombieFriends Services. The license does not grant
ZombieFriends.com the right to sell your Content, nor does the license grant
ZombieFriends.com the right to distribute your Content outside of the ZombieFriends
Services.
- You represent and warrant that: (i) you own the Content posted
by you on or through the ZombieFriends Services or otherwise have the right
to grant the license set forth in this section, and (ii) the posting of
your Content on or through the ZombieFriends Services does not violate the
privacy rights, publicity rights, copyrights, contract rights or any
other rights of any person. You agree to pay for all royalties, fees,
and any other monies owing any person by reason of any Content posted
by you to or through the ZombieFriends Services.
- The ZombieFriends Services contain Content of ZombieFriends.com
("ZombieFriends.com Content"). ZombieFriends.com Content is protected by copyright,
trademark, patent, trade secret and other laws, and ZombieFriends.com owns
and retains all rights in the ZombieFriends.com Content and the ZombieFriends
Services. ZombieFriends.com hereby grants you a limited, revocable,
nonsublicensable license to reproduce and display the ZombieFriends.com
Content (excluding any software code) solely for your personal use in
connection with viewing the ZombieFriends Website and using the ZombieFriends
Services.
- The ZombieFriends Services contain Content of Users and other
ZombieFriends.com licensors. Except for Content posted by you, you may not
copy, modify, translate, publish, broadcast, transmit, distribute,
perform, display, or sell any Content appearing on or through the
ZombieFriends Services.
- Content Posted.
- ZombieFriends.com may delete any Content that in the sole judgment of
ZombieFriends.com violates this Agreement or which may be offensive, illegal
or violate the rights, harm, or threaten the safety of any person.
ZombieFriends.com assumes no responsibility for monitoring the ZombieFriends
Services for inappropriate Content or conduct. If at any time
ZombieFriends.com chooses, in its sole discretion, to monitor the ZombieFriends
Services, ZombieFriends.com nonetheless assumes no responsibility for the
Content, no obligation to modify or remove any inappropriate Content,
and no responsibility for the conduct of the User submitting any such
Content.
- You are solely responsible for the Content that you post on
or through any of the ZombieFriends Services, and any material or information
that you transmit to other Members and for your interactions with other
Users. ZombieFriends.com does not endorse and has no control over the
Content. Content is not necessarily reviewed by ZombieFriends.com prior to
posting and does not necessarily reflect the opinions or policies of
ZombieFriends.com. ZombieFriends.com makes no warranties, express or implied, as to
the Content or to the accuracy and reliability of the Content or any
material or information that you transmit to other Members.
- Content/Activity Prohibited. The following is
a partial list of the kind of Content that is illegal or prohibited to
post on or through the ZombieFriends Services. ZombieFriends.com reserves the right
to investigate and take appropriate legal action against anyone who, in
ZombieFriends.com's sole discretion, violates this provision, including
without limitation, removing the offending communication from the
ZombieFriends Services and terminating the Membership of such violators.
Prohibited Content includes, but is not limited to Content that, in the
sole discretion of ZombieFriends.com:
- is patently offensive and promotes racism, bigotry, hatred or physical harm of any kind against any group or individual;
- harasses or advocates harassment of another person;
- exploits people in a sexual or violent manner;
- contains nudity, violence, or offensive subject matter or contains a link to an adult website;
- solicits personal information from anyone under 18;
- provides any telephone numbers, street addresses, last names, URLs or email addresses;
- promotes information that you know is false or misleading or
promotes illegal activities or conduct that is abusive, threatening,
obscene, defamatory or libelous;
- promotes an illegal or unauthorized copy of another person's
copyrighted work, such as providing pirated computer programs or links
to them, providing information to circumvent manufacture-installed
copy-protect devices, or providing pirated music or links to pirated
music files;
- involves the transmission of "junk mail," "chain letters,"
or unsolicited mass mailing, instant messaging, "spimming," or
"spamming";
- contains restricted or password only access pages or hidden
pages or images (those not linked to or from another accessible page);
- furthers or promotes any criminal activity or enterprise or
provides instructional information about illegal activities including,
but not limited to making or buying illegal weapons, violating
someone's privacy, or providing or creating computer viruses;
- solicits passwords or personal identifying information for commercial or unlawful purposes from other Users;
- involves commercial activities and/or sales without our prior
written consent such as contests, sweepstakes, barter, advertising, or
pyramid schemes;
- includes a photograph of another person that you have posted without that person's consent; or
- for band and filmmaker profiles, uses sexually suggestive
imagery or any other unfair, misleading or deceptive Content intended
to draw traffic to the profile.
The following is a partial list of the kind of activity that is
illegal or prohibited on the ZombieFriends Website and through your use of
the ZombieFriends Services. ZombieFriends.com reserves the right to investigate and
take appropriate legal action against anyone who, in ZombieFriends.com's sole
discretion, violates this provision, including without limitation,
reporting you to law enforcement authorities. Prohibited activity
includes, but is not limited to:
- criminal or tortious activity, including child pornography, fraud,
trafficking in obscene material, drug dealing, gambling, harassment,
stalking, spamming, spimming, sending of viruses or other harmful
files, copyright infringement, patent infringement, or theft of trade
secrets;
- advertising to, or solicitation of, any Member to buy or
sell any products or services through the ZombieFriends Services. You may not
transmit any chain letters or junk email to other Members. It is also a
violation of these rules to use any information obtained from the
ZombieFriends Services in order to contact, advertise to, solicit, or sell to
any Member without their prior explicit consent. In order to protect
our Members from such advertising or solicitation, ZombieFriends.com reserves
the right to restrict the number of emails which a Member may send to
other Members in any 24-hour period to a number which ZombieFriends.com deems
appropriate in its sole discretion. If you breach this Agreement and
send unsolicited bulk email, instant messages or other unsolicited
communications of any kind through the ZombieFriends Services, you
acknowledge that you will have caused substantial harm to ZombieFriends.com,
but that the amount of such harm would be extremely difficult to
ascertain. As a reasonable estimation of such harm, you agree to pay
ZombieFriends.com $50 for each such unsolicited email or other unsolicited
communication you send through the ZombieFriends Services;
- covering or obscuring the banner advertisements on your
personal profile page, or any ZombieFriends.com page via HTML/CSS or any
other means;
- any automated use of the system, such as using scripts to add friends or send comments or messages;
- interfering with, disrupting, or creating an undue burden on
the ZombieFriends Services or the networks or services connected to the
ZombieFriends Services;
- attempting to impersonate another Member or person;
- for band profiles, copying the code for your ZombieFriends Player
and embedding it into other profiles or asking other Members to embed
it into their profiles;
- using the account, username, or password of another Member
at any time or disclosing your password to any third party or
permitting any third party to access your account;
- selling or otherwise transferring your profile;
- using any information obtained from the ZombieFriends Services in order to harass, abuse, or harm another person;
- displaying an advertisement on your profile, or accepting
payment or anything of value from a third person in exchange for your
performing any commercial activity on or through the ZombieFriends Services
on behalf of that person, such as placing commercial content on your
profile, posting blogs or bulletins with a commercial purpose,
selecting a profile with a commercial purpose as one of your "Top 8"
friends, or sending private messages with a commercial purpose; or
- using the ZombieFriends Services in a manner inconsistent with any and all applicable laws and regulations.
- Copyright Policy. You may not post, modify,
distribute, or reproduce in any way any copyrighted material,
trademarks, or other proprietary information belonging to others
without obtaining the prior written consent of the owner of such
proprietary rights. It is the policy of ZombieFriends.com to terminate
Membership privileges of any Member who repeatedly infringes the
copyright rights of others upon receipt of prompt notification to
ZombieFriends.com by the copyright owner or the copyright owner's legal
agent. Without limiting the foregoing, if you believe that your work
has been copied and posted on the ZombieFriends Services in a way that
constitutes copyright infringement, please provide our Copyright Agent
with the following information: (i) an electronic or physical signature
of the person authorized to act on behalf of the owner of the copyright
interest; (ii) a description of the copyrighted work that you claim has
been infringed; (iii) a description of where the material that you
claim is infringing is located on the ZombieFriends Services; (iv) your
address, telephone number, and email address; (v) a written statement
by you that you have a good faith belief that the disputed use is not
authorized by the copyright owner, its agent, or the law; (vi) a
statement by you, made under penalty of perjury, that the above
information in your notice is accurate and that you are the copyright
owner or authorized to act on the copyright owner's behalf.
ZombieFriends.com's Copyright Agent for notice of claims of copyright
infringement can be reached as follows: email: copyright@ZombieFriends.com.
- Member Disputes. You are solely responsible
for your interactions with other ZombieFriends.com Members. ZombieFriends.com
reserves the right, but has no obligation, to monitor disputes between
you and other Members.
- Privacy. Use of the ZombieFriends Services is
also governed by our Privacy Policy, which is incorporated into this
Agreement by this reference.
- Disclaimers. ZombieFriends.com is not responsible
for any incorrect or inaccurate Content posted on the ZombieFriends Website
or in connection with the ZombieFriends Services, whether caused by Users of
the ZombieFriends Services or by any of the equipment or programming
associated with or utilized in the ZombieFriends Services. Profiles created
and posted by Members on the ZombieFriends Website may contain links to other
websites. ZombieFriends.com is not responsible for the Content, accuracy or
opinions expressed on such websites, and such websites are in no way
investigated, monitored or checked for accuracy or completeness by
ZombieFriends.com. Inclusion of any linked website on the ZombieFriends Services
does not imply approval or endorsement of the linked website by
ZombieFriends.com. When you access these third-party sites, you do so at your
own risk. ZombieFriends.com takes no responsibility for third party
advertisements which are posted on this ZombieFriends Website or through the
ZombieFriends Services, nor does it take any responsibility for the goods or
services provided by its advertisers. ZombieFriends.com is not responsible
for the conduct, whether online or offline, of any User of the ZombieFriends
Services. ZombieFriends.com assumes no responsibility for any error,
omission, interruption, deletion, defect, delay in operation or
transmission, communications line failure, theft or destruction or
unauthorized access to, or alteration of, any User or Member
communication. ZombieFriends.com is not responsible for any problems or
technical malfunction of any telephone network or lines, computer
online systems, servers or providers, computer equipment, software,
failure of any email or players due to technical problems or traffic
congestion on the Internet or on any of the ZombieFriends Services or
combination thereof, including any injury or damage to Users or to any
person's computer related to or resulting from participation or
downloading materials in connection with the ZombieFriends Services. Under no
circumstances shall ZombieFriends.com be responsible for any loss or damage,
including personal injury or death, resulting from use of the ZombieFriends
Services, attendance at a ZombieFriends.com event, from any Content posted on
or through the ZombieFriends Services, or from the conduct of any Users of
the ZombieFriends Services, whether online or offline. The ZombieFriends Services
are provided "AS-IS" and as available and ZombieFriends.com expressly
disclaims any warranty of fitness for a particular purpose or
non-infringement. ZombieFriends.com cannot guarantee and does not promise any
specific results from use of the ZombieFriends Services.
- Limitation on Liability. IN NO EVENT SHALL
ZombieFriends.COM BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT,
CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES,
INCLUDING LOST PROFIT DAMAGES ARISING FROM YOUR USE OF THE SERVICES,
EVEN IF ZombieFriends.COM HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH
DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN,
ZombieFriends.COM'S LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER AND REGARDLESS
OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE AMOUNT
PAID, IF ANY, BY YOU TO ZombieFriends.COM FOR THE ZombieFriends SERVICES DURING THE
TERM OF MEMBERSHIP.
- U.S. Export Controls. Software available in
connection with the ZombieFriends Services (the "Software") is further
subject to United States export controls. No Software may be downloaded
from the ZombieFriends Services or otherwise exported or re-exported in
violation of U.S. export laws. Downloading or using the Software is at
your sole risk.
- Disputes. If there is any dispute about or
involving the ZombieFriends Services, you agree that the dispute shall be
governed by the laws of the State of California, USA, without regard to
conflict of law provisions and you agree to exclusive personal
jurisdiction and venue in the state and federal courts of the United
States located in the State of California, City of Los Angeles. Either
ZombieFriends.com or you may demand that any dispute between ZombieFriends.com and
you about or involving the ZombieFriends Services must be settled by
arbitration utilizing the dispute resolution procedures of the American
Arbitration Association (AAA) in Los Angeles, California, USA, provided
that the foregoing shall not prevent ZombieFriends.com from seeking
injunctive relief in a court of competent jurisdiction.
- Indemnity. You agree to indemnify and hold
ZombieFriends.com, its subsidiaries, and affiliates, and their respective
officers, agents, partners and employees, harmless from any loss,
liability, claim, or demand, including reasonable attorneys' fees, made
by any third party due to or arising out of your use of the ZombieFriends
Services in violation of this Agreement and/or arising from a breach of
this Agreement and/or any breach of your representations and warranties
set forth above and/or if any Content that you post on the ZombieFriends
Website or through the ZombieFriends Services causes ZombieFriends.com to be liable
to another.
- Emails. You will receive email notifications
when you get a comment on your profile and on your gallery as well as when a private message has been sent to you.
You will be able to opt out of this emails at a later date.
- Other. This Agreement is accepted upon your
use of the ZombieFriends Website or any of the ZombieFriends Services and is
further affirmed by you becoming a Member. This Agreement constitutes
the entire agreement between you and ZombieFriends.com regarding the use of
the ZombieFriends Services. The failure of ZombieFriends.com to exercise or enforce
any right or provision of this Agreement shall not operate as a waiver
of such right or provision. The section titles in this Agreement are
for convenience only and have no legal or contractual effect.
ZombieFriends.com is a trademark of ZombieFriends, Inc. This Agreement operates to
the fullest extent permissible by law. If any provision of this
Agreement is unlawful, void or unenforceable, that provision is deemed
severable from this Agreement and does not affect the validity and
enforceability of any remaining provisions.
I HAVE READ THIS AGREEMENT AND AGREE TO ALL OF THE PROVISIONS CONTAINED ABOVE.
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