The
ZIZENDO.COM Web Site (the "Site") is an online information service provided
by zizendo.com ("ZIZENDO.COM "), subject to your compliance with the
terms and conditions set forth below. PLEASE READ THIS DOCUMENT CAREFULLY BEFORE
ACCESSING OR USING THE SITE. BY ACCESSING OR USING THE SITE, YOU AGREE TO BE BOUND
BY THE TERMS AND CONDITIONS SET FORTH BELOW.
IF YOU DO NOT WISH TO BE BOUND BY THESE TERMS AND CONDITIONS, YOU MAY NOT ACCESS
OR USE THE SITE. ZIZENDO.COM MAY MODIFY THIS AGREEMENT AT ANY TIME, AND SUCH MODIFICATIONS
SHALL BE EFFECTIVE IMMEDIATELY UPON POSTING OF THE MODIFIED AGREEMENT ON THE SITE.
YOU AGREE TO REVIEW THE AGREEMENT PERIODICALLY TO BE AWARE OF SUCH MODIFICATIONS
AND YOUR CONTINUED ACCESS OR USE OF THE SITE SHALL BE DEEMED YOUR CONCLUSIVE ACCEPTANCE
OF THE MODIFIED AGREEMENT.
1. Copyright, Licenses and
Idea Submissions.
The
entire contents of the Site are protected by international copyright and trademark
laws. The owner of the copyrights and trademarks are ZIZENDO.COM, its affiliates
or other third party licensors. YOU MAY NOT MODIFY, COPY, REPRODUCE, REPUBLISH,
UPLOAD, POST, TRANSMIT, OR DISTRIBUTE, IN ANY MANNER, THE MATERIAL ON THE SITE,
INCLUDING TEXT, GRAPHICS, CODE AND/OR SOFTWARE. You may print and download portions
of material from the different areas of the Site solely for your own non-commercial
use provided that you agree not to change or delete any copyright or proprietary
notices from the materials. You agree to grant to ZIZENDO.COM a non-exclusive,
royalty-free, worldwide, perpetual license, with the right to sub-license, to
reproduce, distribute, transmit, create derivative works of, publicly display
and publicly perform any materials and other information (including, without limitation,
ideas contained therein for new or improved products and services) you submit
to any public areas of the Site (such as bulletin boards, forums and newsgroups)
or by e-mail to ZIZENDO.COM by all means and in any media now known or hereafter
developed. You also grant to ZIZENDO.COM the right to use your name in connection
with the submitted materials and other information as well as in connection with
all advertising, marketing and promotional material related thereto. You agree
that you shall have no recourse against ZIZENDO.COM for any alleged or actual
infringement or misappropriation of any proprietary right in your communications
to ZIZENDO.COM.
TRADEMARKS.
Publications,
products, content or services referenced herein or on the Site are the exclusive
trademarks or servicemarks of ZIZENDO.COM. Other product
and company names mentioned in the Site may be the trademarks of their respective
owners.
2. Use of the Site.
You
understand that, except for information, products or services clearly identified
as being supplied by ZIZENDO.COM, ZIZENDO.COMdoes not
operate, control or endorse any information, products or services on the Internet
in any way. Except for ZIZENDO.COM- identified information, products or services,
all information, products and services offered through the Site or on the Internet
generally are offered by third parties, that are not affiliated with ZIZENDO.COM
a. You also understand that ZIZENDO.COM cannot and does not guarantee or warrant
that files available for downloading through the Site will be free of infection
or viruses, worms, Trojan horses or other code that manifest contaminating or
destructive properties. You are responsible for implementing sufficient procedures
and checkpoints to satisfy your particular requirements for accuracy of data input
and output, and for maintaining a means external to the Site for the reconstruction
of any lost data.
YOU ASSUME TOTAL RESPONSIBILITY
AND RISK FOR YOUR USE OF THE SITE AND THE INTERNET. ZIZENDO.COM PROVIDES THE SITE
AND RELATED INFORMATION "AS IS" AND DOES NOT MAKE ANY EXPRESS OR IMPLIED
WARRANTIES, REPRESENTATIONS OR ENDORSEMENTS WHATSOEVER (INCLUDING WITHOUT LIMITATION
WARRANTIES OF TITLE OR NONINFRINGEMENT, OR THE IMPLIED WARRANTIES OF MERCHANTABILITY
OR FITNESS FOR A PARTICULAR PURPOSE) WITH REGARD TO THE SERVICE, ANY MERCHANDISE
INFORMATION OR SERVICE PROVIDED THROUGH THE SERVICE OR ON THE INTERNET GENERALLY,
AND ZIZENDO.COM SHALL NOT BE LIABLE FOR ANY COST OR DAMAGE ARISING EITHER DIRECTLY
OR INDIRECTLY FROM ANY SUCH TRANSACTION. IT IS SOLELY YOUR RESPONSIBILITY TO EVALUATE
THE ACCURACY, COMPLETENESS AND USEFULNESS OF ALL OPINIONS, ADVICE, SERVICES, MERCHANDISE
AND OTHER INFORMATION PROVIDED THROUGH THE SERVICE OR ON THE INTERNET GENERALLY.
ZIZENDO.COM DOES NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE
OR THAT DEFECTS IN THE SERVICE WILL BE CORRECTED.
YOU UNDERSTAND FURTHER THAT
THE PURE NATURE OF THE INTERNET CONTAINS UNEDITED MATERIALS SOME OF WHICH ARE
SEXUALLY EXPLICIT OR MAY BE OFFENSIVE TO YOU. YOUR ACCESS TO SUCH MATERIALS IS
AT YOUR RISK. ZIZENDO.COM HAS NO CONTROL OVER AND ACCEPTS NO RESPONSIBILITY WHATSOEVER
FOR SUCH MATERIALS.
LIMITATION OF LIABILITY
IN NO EVENT WILL ZIZENDO.COM BE LIABLE FOR (I) ANY INCIDENTAL, CONSEQUENTIAL,
OR INDIRECT DAMAGES (INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS,
BUSINESS INTERRUPTION, LOSS OF PROGRAMS OR INFORMATION, AND THE LIKE) ARISING
OUT OF THE USE OF OR INABILITY TO USE THE SERVICE, OR ANY INFORMATION, OR TRANSACTIONS
PROVIDED ON THE SERVICE, OR DOWNLOADED FROM THE SERVICE, OR ANY DELAY OF SUCH
INFORMATION OR SERVICE. EVEN IF ZIZENDO.COM OR ITS AUTHORIZED REPRESENTATIVES
HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR (II) ANY CLAIM ATTRIBUTABLE
TO ERRORS, OMISSIONS, OR OTHER INACCURACIES IN THE SERVICE AND/OR MATERIALS OR
INFORMATION DOWNLOADED THROUGH THE SERVICE. BECAUSE SOME STATES DO NOT ALLOW THE
EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES,
THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IN SUCH STATES, ZIZENDO.COM LIABILITY
IS LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW.
ZIZENDO.COM makes no representations
whatsoever about any other web site which you may access through this one or which
may link to this Site. When you access a non-ZIZENDO.COM web site, please understand
that it is independent from ZIZENDO.COM, and that ZIZENDO.COM has no control over
the content on that web site. In addition, a link to a ZIZENDO.COM web site does
not mean that ZIZENDO.COM endorses or accepts any responsibility for the content,
or the use, of such web site.
3. Indemnification.
You
agree to indemnify, defend and hold harmless ZIZENDO.COM, its officers, directors,
employees, agents, licensors, suppliers and any third party information providers
to the Service from and against all losses, expenses, damages and costs, including
reasonable attorneys' fees, resulting from any violation of this Agreement (including
negligent or wrongful conduct) by you or any other person accessing the Service.
4. Third Party Rights.
The
provisions of paragraphs 2 (Use of the Service), and 3 (Indemnification) are for
the benefit of ZIZENDO.COM and its officers, directors, employees, agents, licensors,
suppliers, and any third party information providers to the Service. Each of these
individuals or entities shall have the right to assert and enforce those provisions
directly against you on its own behalf.
5.Term; Termination.
This
Agreement may be terminated by either party without notice at any time for any
reason. The provisions of paragraphs 1 (Copyright, Licenses and Idea Submissions),
2 (Use of the Service), 3 (Indemnification), 4 (Third Party Rights) and 6 (Miscellaneous)
shall survive any termination of this Agreement.
6.Miscellaneous.
This
Agreement shall all be governed and construed in accordance with the laws of TAIWAN applicable to agreements made and to be
performed in TAIWAN.
You agree that any legal action or proceeding between ZIZENDO.COM and you for
any purpose concerning this Agreement or the parties' obligations hereunder shall
be brought exclusively in a federal or state court of competent jurisdiction sitting
in TAIWAN
. Any cause of action or claim you may have with respect to the Service
must be commenced within one (1) year after the claim or cause of action arises
or such claim or cause of action is barred. ZIZENDO.COM's
failure to insist upon or enforce strict performance of any provision of this
Agreement shall not be construed as a waiver of any provision or right. Neither
the course of conduct between the parties nor trade practice shall act to modify
any provision of this Agreement. ZIZENDO.COM may assign its rights and duties
under this Agreement to any party at any time without notice to you.
Any rights not expressly granted
herein are reserved.
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