Zibbiz and Satellite
Sites General Terms of Use
The
following Terms of Use outline your obligations when using the Zibbiz.com
website or any of it�s affiliate or satellite web sites. Including but not
limited to jewelryinthenet.com. You can also review our privacy policy, which
outlines our obligations and practices towards handling any personal
information that you may provide to us.
- ACCEPTANCE OF
TERMS
The web pages available at Zibbiz.com and all
linked pages ("Site"), are owned and operated by Zibbiz Inc. a
Florida corporation, and are accessed by you under the Terms of Use described
below ("Terms of Use").
Please read these Terms of Use carefully
before using the services or accessing this site or accessing any content of
this site. You agree to become bound by these terms and conditions. If you do
not agree to all terms and conditions, you may not access this site or use any
content or services from this site.
- MODIFICATIONS OF
TERMS OF USE
Zibbiz Inc. reserves the right, at its sole
discretion, to modify or replace the Terms of Use at any time. If the
alterations constitute a material change to the Terms of Use, and will notify
you by posting an announcement on this Site. What constitutes a "material
change" will be determined at the discretion of Zibbiz Inc, in good faith
and using common sense and reasonable judgment. You shall be responsible for
reviewing and becoming familiar with any such modifications. Use of the
Services by you following such notification constitutes your acceptance of the
terms and conditions of the Terms of Use as modified.
- DESCRIPTION OF
SERVICE
Subject to full compliance with the Terms of
Use, Zibbiz may offer to provide certain services and content, as described
more fully on this Site, ("Zibbiz -Services"). Services shall
include, but not be limited to, any service and content Zibbiz performs for
you, as well as the offering of any materials displayed, transmitted or
performed on the Site or through the Services (including, but not limited to
text, user comments, messages, information, data, graphics, news articles,
photographs, images, illustrations, software, audio clips and video clips, also
known as the "Content"). Zibbiz may change, suspend or discontinue
the Services including any Content for any reason, at any time, including the
availability of any feature or content. Zibbiz may also impose limits on
certain features and services or restrict your access to parts or all of the
Services without notice or liability.
- YOUR
REGISTRATION
As a condition to using our Services, you are
required to register with Zibbiz, and create a Zibbiz user identify and
password.
a. You shall provide Zibbiz
with accurate, complete, and updated registration information.
b. You may not use a name
of another person with the intent to impersonate that person.
c. �You may not create or
use a name subject to any rights of a person other than you without appropriate
authorization.
d. �You may not create a
user ID that is otherwise offensive, vulgar or obscene.
e. You are responsible
for maintaining the confidentiality of your account password and any
credentials.
Failure to meet any of the above shall
constitute a breach of the Terms of Use, which may result in immediate
termination of your user account. Zibbiz reserves the right to refuse registration
of, or cancel a User ID at its discretion.
Services are available only to individuals
who are at least 18 years old, whether acting on their own behalf or as an
authorized employee or representative of a corporation or other business entity.
If you do not so qualify, do not attempt to register for or use the Services.
5. USER CONDUCT
As a condition of use, you agree not to use
this website and Services for any purpose that is unlawful or prohibited by
these Terms of Use, or any other purpose not reasonably intended by Zibbiz
By way of example, and not as a limitation,
you agree not to use the Services:
1. For any illegal or
unauthorized purpose.
2. To abuse, harass,
threaten or impersonate other users.
3. To post or transmit,
or cause to be posted or transmitted, any content that is infringing, libelous,
defamatory, obscene, pornographic, abusive, offensive or otherwise violates any
law or right of any third party.
4. To post or transmit,
or cause to be posted or transmitted, any communication or solicitation
designed or intended to obtain password, account, or private information from
any registered user.
5. To create or submit
unwanted email (Spam) to any other registered users or any URL.
6. To violate any laws in
your jurisdiction (including but not limited to copyright laws).
7. With the exception of
accessing RSS feeds, you will not use any automated means to access this site
for any purpose without our express written permission.
8. You agree that you
will not take any action that imposes in our discretion an unreasonable or
disproportionately large load on our infrastructure.
9. �You agree that you
will not interfere or attempt to interfere with the proper working of the Site
or any activities conducted on the Site.
10. �You agree not to
attempt to bypass any measures we may use to prevent or restrict access to this
site.
11. Sell or otherwise
transfer your profile.
Zibbiz at their sole discretion may remove
any Content or user accounts at any time for any reason (including, but not
limited to, upon receipt of claims or allegations from third parties or authorities
relating to such Content). To report Terms of Use abuse, please email us using
the email address provided in the section About Zibbiz Inc.
You are solely responsible for your
interactions and communications with other users of this Site. Zibbiz reserves
the right, but has no obligation, to monitor disputes between you and other
users.
- CONTENT
SUBMITTED
By uploading, submitting
or otherwise disclosing or distributing Content for display or inclusion on any
of our sites, you represent and warrant that you own all rights in the Content
and you agree that the Content will be subject to the Creative Commons Public
Domain License.
7. LINKS
The Services or registered users may
advertise and provide links to other websites and resources. You acknowledge
and agree that Zibbiz is not responsible for the availability of such external
sites or resources, and does not endorse and is not responsible or liable for
any Content, advertising, products or other materials on or available from such
sites or resources. You further acknowledge and agree that Zibbiz shall not be
responsible or liable, directly or indirectly, for any damage or loss caused or
alleged to be caused by or in connection with use of or reliance on any such
Content, goods or services available on or through any such site or resource.
Because policies vary for each site you should review the policies of any of
the sites provided by these links.
- COPYRIGHT
COMPLAINTS
Zibbiz Inc. respects the intellectual property
of others and will respond to claims of copyright and other intellectual
property infringement. �Zibbiz will process and investigate any notices of
alleged copyright infringement and will take appropriate actions under the
Digital Millennium Copyright Act ("DMCA") and other applicable
intellectual property laws. If you feel that content on our sites contains
material that is infringing on copyright and ownership please contact Zibbiz
Inc using the email address found at the beginning of this document. Zibbiz Inc
will investigate your claim and may act expeditiously to remove or disable
access to any material claimed to be infringing or claimed to be the subject of
infringing. Zibbiz Inc. reserves the right to terminate any user accounts and
deny access for any users who are found to be repeat infringers.
- INDEMNITY
You will indemnify and hold harmless Zibbiz
Inc., its subsidiaries, affiliates, customers, vendors, officers and employees
from any liability, damage or cost (including reasonable attorneys. fees and
cost) from �any claim or demand made by any third party due to or arising out
of your access to any of our sites, use of the Services, violation of the Terms
of Use by you, or the infringement by you, or any third party using your
account or Zibbiz User identity, of any intellectual property or other right of
any person or entity.
- WARRANTY
DISCLAIMERS
You acknowledge that Zibbiz Inc has no
control over, and no duty to take any action regarding: which users gain access
to the Site or use the Services; what effects the Content may have on you; how
you may interpret or use the Content; or what actions you may take as a result
of having been exposed to the Content. You release Zibbiz Inc from all
liability for you having acquired or not acquired Content through the Site or
the Services. The Site or Services may contain, or direct you to sites
containing, information that some people may find offensive or inappropriate. Zibbiz
Inc makes no representations concerning any content contained in or accessed
through the Site or Services, and Zibbiz Inc will not be responsible or liable
for the accuracy, copyright compliance, legality or decency of material
contained in or accessed through the Site or the Services. The content,
services and site are provided on an �as is� basis without any warranties of
any kind either expressed or implied.
- LIMITATION OF
LIABILITY
In no event shall Zibbiz Inc or its vendors
be liable under contact, strict liability, tort, negligence to any other legal
theory with respect to any of the Zibbiz Inc sites, any content contained or
any services provided for any lost profits or special indirect, punitive,
accidental or consequential damage of any kind whatsoever substitute goods or
services however arising, or any direct damages in excess of in the aggregate
of $100.
- TERMINATION
Zibbiz may terminate or suspend any and all
Services and your registered user account immediately, without prior notice or
liability, if you breach any of the terms or conditions of the Terms of Use.
Upon termination of your account, your right to use the Services will
immediately cease. If you select to terminate your Zibbiz account, you may
cancel your account using management tools that Zibbiz supplies to registered
users or by simply discontinue using the Services. All provisions of the Terms
of Use which by their nature should survive termination shall survive termination,
including, without limitation, ownership provisions, warranty disclaimers,
indemnity and limitations of liability.
- MISCELLANEOUS
No partnership, joint venture, agency, or
employment is created as a result of the Terms of Use and you do not have any
authority of any kind to bind Zibbiz Inc. in any respect whatsoever. The
failure of either party to exercise in any respect any right provided for
herein shall not be deemed a waiver of any further rights hereunder. Zibbiz
Inc. shall not be liable for any failure to perform its obligations hereunder
where such failure results from any cause beyond Zibbiz Inc. reasonable control,
including, without limitation any electronic, network, or communications
failure or degradation (including "line-noise" interference). If any
provision of the Terms of Use is found to be unenforceable or invalid, that
provision shall be limited or eliminated to the minimum extent necessary so
that the Terms of Use shall otherwise remain in full force and effect and
enforceable. The Terms of Use is not assignable, transferable or licensable by
you except with prior written consent from Zibbiz Inc. Zibbiz Inc. may
transfer, assign or delegate the Terms of Use and its rights and obligations
without consent.
- TRADEMARKS
The Zibbiz and JewelryInTheNet
names, any graphics, logos, designs, page headers, icons, buttons and service
names are registered trademarks, trademarks or trade dress of Zibbiz in the
U.S. and/or other countries. The trademark of Zibbiz and any trade dress may
not be used, including as part of trademarks and/or as part of domain names, in
connection with any product or service in any manner that is likely to cause
confusion.
- EFFECTIVE
POLICY DATE
The policy is effective as of 12/1/2010