1. Content
All users and viewers ("You," "you," "User," or "user") understand that all postings, messages, text, files, images, photos, video, sounds, or other materials ("Content") posted on, transmitted through, or linked from the Service, are the sole responsibility of the person from whom such Content originated. More specifically, you are entirely responsible for all content that you post, email or otherwise make available via the Service. You understand that ZTrend does not control all, and is not responsible for all Content made available through the Service, and that by using the Service, you may be exposed to Content that is offensive, indecent, inaccurate, misleading, or otherwise objectionable. Furthermore, the ZTrend site and Content available through the Service may contain links to other websites, which are completely independent of ZTrend. ZTrend makes no representation or warranty as to the accuracy, completeness or authenticity of the information contained in any such site. Your linking to any other websites is at your own risk. You agree that you must evaluate, and bear all risks associated with, the use of any Content, that you may not rely on said Content, and that under no circumstances will ZTrend be liable in any way for any Content or for any loss or damage of any kind incurred as a result of the use of any Content posted, emailed or otherwise made available via the Service. You acknowledge that ZTrend attempts to pre-screen or approve Content, and that ZTrend shall have the right (but not the obligation) in its sole discretion to refuse, delete or move any Content that is available via the Service, for violating the letter or spirit of the Terms or for any other reason.
2.Privacy & Information Disclosure
ZTrend has established a Privacy Policy to explain to users how their information is collected and used, link located at the bottom of the page of ZTrend.CoM. Your use of the ZTrend website or the cervice signifies acknowledgement of and agreement to our privacy policy. You further acknowledge and agree that ZTrend may, in its sole discretion, preserve or disclose your content, as well as your information, such as email addresses, IP addresses, timestamps, and other user information, if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to: comply with legal process; enforce these Terms; respond to claims that any content violates the rights of third-parties; or protect the rights, property, or personal safety of ZTrend, its users or the general public.
3. User Submissions
The Site provides a forum for you to advertise business. By submitting or entering your information to the Site ("Submitted Material"), you agree that you grant ZTrend a perpetual, non-exclusive, irrevocable, royalty free, worldwide license and right, but not the obligation, to use, copy, modify, display, distribute, download, store, reproduce, transmit, publish, transfer, adapt, create derivative works in any manner, in entirety or a portion of, of your Submitted Material, and by any means, forever and worldwide.
You acknowledge and accept that ZTrend is only a passive forum for users to obtain & share information. While ZTrend attempts to screen and monitor Submitted Materials, ZTrend does not screen or monitor all Submitted Materials. ZTrend, therefore, makes no representation regarding the reliability, accuracy, completeness, validity, or truthfulness of any Submitted Materials. ZTrend reserves the right, in its sole discretion, to delete, remove, refuse to display, or block any Submitted Materials that ZTrend considers to be unacceptable. In the event ZTrend receives notification regarding any unacceptable Submitted Materials, ZTrend may investigate such materials, in its sole discretion. ZTrend reserves the right to remove or edit any URL linked from ZTrend 1) any URL that is being destined or forwarded to a destination URL that is anything other than a URL owned by the business it is claiming to represent. For example: URLs may not be forwarded to any URL that is not owned by the business that is posting the URL or that is not the destinated URL. 2) any URL with a destination that is perceived by ZTrend to be in direct competition with ZTrend. For example: URLs may not be destined or forwarded to any URL that is owned by another business that is in direct or indirect competition with ZTrend; where 'competition' is defined at the descretion of ZTrend. 3) ZTrend does not allow forwarded URLs or URLs that are posted beyond the root of the URL. For example you may post websitename.com, and not websitename.com/abc (where the root is understood as being websitename.com).
You acknowledge and agree that ZTrend may retain copies of your Submitted Materials and disclose your Submitted Materials to a third party if ZTrend believes that it is necessary to: (i) protect the integrity of the Site; (ii) protect rights of ZTrend; (iii) comply with any court order; (iv) comply with any legal proceedings; (v) assert ZTrend's claim under this Notice; and (vi) satisfy any claims regarding violations of third party's rights.
4. Conduct
You agree not to post, email, or otherwise make available Content:
o that is unlawful, harmful, threatening, abusive, harassing, defamatory, pornographic, libelous, invasive of another's privacy, or harms minors in any way;
o that harasses, degrades, intimidates or is hateful toward an individual or group of individuals on the basis of religion, gender, sexual orientation, race, ethnicity, age, or disability;
o that impersonates any person or entity, including, but not limited to, a ZTrend employee, or falsely states or otherwise misrepresents your affiliation with a person or entity;
o that includes personal or identifying information about another person without that person's explicit consent.
o that is false, deceptive, misleading, deceitful, misinformative, or constitutes "bait and switch";
o that infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party, or Content that you do not have a right to make available under any law or under contractual or fiduciary relationships.
o that constitutes or contains "affiliate marketing," "link referral code," "junk mail," "spam," "chain letters," "pyramid schemes," or unsolicited commercial advertisement.
o that constitutes or contains any form of advertising or solicitation if (1) posted in areas of the ZTrend sites which are not designated for such purposes; or (2) emailed to ZTrend users who have requested not to be contacted about other services, products or commercial interests.
o that constitutes posting essentially the same item or service to more than two classified categories or forums, or to more than two separate metropolitan areas.
o that includes links to commercial services or web sites, except as allowed in "small business ads".
o that advertises any illegal services or the sale of any items the sale of which is prohibited or restricted by applicable law, including without limitation items the sale of which is prohibited or regulated by California law - that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
o that disrupts the normal flow of dialogue with an excessive number of messages (flooding attack) to the Service, or that otherwise negatively affects other users' ability to use the Service; or
o That employs misleading email addresses, or forged headers or otherwise manipulated identifiers in order to disguise the origin of Content transmitted through the Service.
5. General Prohibition
In connection with your Use, you agree NOT to:
o violate any local, state, and federal rules, regulations and statutes, including, but not limited to, U.S. export laws and regulations or anti-discrimination laws;
o infringe any intellectual property and privacy rights, including, but not limited to, patent, copyright, trademark, or trade secrets, of any third party;
o upload, post, transmit, or store any material that:
o is unlawful, offensive, defamatory, fraudulent, deceptive, misleading, harmful, threatening, harassing, obscene, or objectionable;
o breaches any of your contractual or confidentiality obligations;
o disrupts or interferes with the normal operations of the Site, such as posting or transmitting viruses, continuous posting of repetitive materials, or posting abnormally large load; or
o are not permitted by ZTrend, including, but not limited to, any unauthorized advertising materials, unsolicited promotional materials, "junk mail," "spam mail," "chain letters," pyramid schemes, franchises, distributorship, club membership, sales arrangement, or otherwise unacceptable materials;
o violate other's privacy rights or personal rights by abusing the Materials, including, but not limited to, harassing or "stalking" another person, sending unsolicited e-mails, and collecting other's personal information;
o breach or attempt to breach any security measures of the Site;
o use any device, process, or mechanism to monitor, retrieve, search, or access, e.g., spider or robot, the Site or any Material without ZTrend's prior written consent;
o access or attempt to access any account or login of any third party listed on the Site;
o copy, modify, reproduce, delete, distribute, download, store, transmit, sell, re-sell, publish, reverse engineer, or create derivative works of any Materials, except for materials that have been submitted and owned by you;
6. Termination of service
You agree that ZTrend, in its sole discretion, has the right to terminate any services of the Site, to delete or deactivate your account, block your email or IP address, or otherwise terminate your access to or use of the Service (or any part thereof), immediately and without notice, and remove and discard any Content within the Service, for any reason, including, without limitation, if ZTrend believes that you have acted inconsistently with the letter or spirit of the Terms. Further, you agree that ZTrend shall not be liable to you or any third-party for any termination of your access to the Service. If you want to terminate your account, you may only cease your Use of the Site. ZTREND shall not be responsible for maintaining or returning your Submitted Materials, your account, or your logon and password. You should always maintain a copy of your Submitted Materials.Further, you agree not to attempt to use the Service after said termination. Sections 2, 4, 6 and 9-13 shall survive termination of these Terms.
7. Proprietary rights
The service is protected to the maximum extent permitted by copyright laws and international treaties. Content displayed on or through the service is protected by copyright as a collective work and/or compilation, pursuant to copyrights laws, and international conventions. Any reproduction, modification, creation of derivative works from or redistribution of the Sites or the collective work is prohibited. Copying or reproducing the sites or any portion thereof to any other server or location for further reproduction or redistribution is prohibited. You further agree not to reproduce, duplicate or copy content from the service, and agree to abide by any and all copyright notices displayed on the service. You may not decompile or disassemble, reverse engineer or otherwise attempt to discover any source code contained in the service. Without limiting the foregoing, you agree not to reproduce, duplicate, copy, sell, resell or exploit for any commercial purposes, any aspect of the service. ZTrend is a registered mark in the U.S. Patent and Trademark Office.
Although ZTrend does not claim ownership of content that its users post, by posting content to any public area of the service, you automatically grant, and you represent and warrant that you have the right to grant, to ZTrend an irrevocable, perpetual, non-exclusive, fully paid, worldwide license to use, copy, perform, display, and distribute said content and to prepare derivative works of, or incorporate into other works, said content, and to grant and authorize sublicenses (through multiple tiers) of the foregoing.
8. License
All trademarks, service marks, and logos (the "Marks") displayed on the Site are exclusive property of ZTrend and their respective owners. You shall not use the Marks in any manner without ZTrend's and their respective owners' prior written consent.
9. Disclaimer of Warranties
YOU ACKNOWLEDGE AND ACCEPT THAT: (A) YOU ASSUME ALL RISKS RELATED TO OR RESULTING FROM YOUR USAGE, VIEWING, OR ACCESS OF THE SITE. THE SITE IS PROVIDED ON AN "AS IS" AND AN "AS AVAILABLE" BASIS. (B) ZTREND EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, OR WARRANTIES ARISING FROM COURSE OF PERFORMANCE, COURSE OF DEALING OR USAGE. (C) ZTREND EXPRESSLY DISCLAIMS ALL WARRANTIES THAT (I) THE SITE AND ITS MATERIALS WILL BE ERROR-FREE OR VIRUS-FREE; (II) THE SITE WILL BE UNINTERRUPTED AND SECURE; (III) THE SITE WILL BE UNINTERRUPTED AND AVAILABLE AT ALL TIMES; (IV) THE SITE WILL MEET YOUR REQUIREMENTS; AND (V) THE RELIABILITY, ACCURACY, COMPLETENESS, VALIDITY, OR TRUTHFULNESS OF ANY SUBMITTED MATERIALS. (VI) ANY WARRANTIES FOR OTHER SERVICES OR GOODS RECEIVED THROUGH OR ADVERTISED ON THE ZTREND SITE OR THE SITES OR SERVICE, OR ACCESSED THROUGH ANY LINKS ON THE ZTREND SITE. TO THE FULLEST EXTENT PERMITTED BY LAW, ZTREND DISCLAIMS ANY WARRANTIES FOR VIRUSES OR OTHER HARMFUL COMPONENTS IN CONNECTION WITH THE ZTREND SITE OR THE SERVICE.
10. Liability and imitations of Liability
UNDER NO CIRCUMSTANCES SHALL ZTREND BE LIABLE FOR DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES (EVEN IF ZTREND HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM ANY ASPECT OF YOUR USE OF THE ZTREND SITE OR THE SERVICE, WHETHER THE DAMAGES ARISE FROM USE OR MISUSE OF THE ZTREND SITE OR THE SERVICE, FROM INABILITY TO USE THE ZTREND SITE OR THE SERVICE, OR THE INTERRUPTION, SUSPENSION, MODIFICATION, ALTERATION, OR TERMINATION OF THE ZTREND SITE OR THE SERVICE. SUCH LIMITATION SHALL ALSO APPLY WITH RESPECT TO DAMAGES INCURRED BY REASON OF OTHER SERVICES OR PRODUCTS RECEIVED THROUGH OR ADVERTISED IN CONNECTION WITH THE ZTREND SITE OR THE SERVICE OR ANY LINKS ON THE ZTREND SITE, AS WELL AS BY REASON OF ANY INFORMATION OR ADVICE RECEIVED THROUGH OR ADVERTISED IN CONNECTION WITH THE ZTREND SITE OR THE SERVICE OR ANY LINKS ON THE ZTREND SITE. THESE LIMITATIONS SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW.
YOU AGREE TO ASSUME ALL RISKS ASSOCIATED WITH, ARISING OUT OF, OR RESULTING FROM YOUR USE OF THE SITE OR ANY SUBMITTED MATERIALS, INCLUDING, BUT NOT LIMITED TO, THE RISKS OF FINANCIAL LOSS, PHYSICAL HARM, PROPERTY DAMAGES, DEALING WITH OTHER USERS OF THE SITE, STRANGERS, MINORS, OR FOREIGN NATIONALS, AND PERSONS ACTING UNDER FALSE PRETENSE.
YOU FURTHER AGREE TO RELEASE ZTREND, ITS PARENTS, SUBSIDIARIES, AFFILIATES, OFFICERS, AGENTS, AND EMPLOYEES, HARMLESS FROM ALL CLAIMS, DEMANDS, DAMAGES (DIRECT, INDIRECT, AND CONSEQUENTIAL) OF ANY KIND OR NATURE, KNOWN OR UNKNOWN, ASSOCIATED WITH, ARISING OUT OF, OR RESULTING FROM YOUR USAGE OF THE SITE, YOUR SUBMITTED MATERIALS, ANY TRANSACTIONS RELATED TO OR RESULTING FROM YOUR USE OF THE SITE. IF YOU ARE A CALIFORNIA RESIDENT, YOU WAIVE CALIFORNIA CIVIL CODE §1542, WHICH SAYS: "A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR."
YOU FURTHER UNDERSTAND AND AGREE THAT IN NO EVENT ZTREND, ITS PARENTS, SUBSIDIARIES, AFFILIATES, OFFICERS, AGENTS, EMPLOYEES, AND SUPPLIERS SHALL BE LIABLE FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, INCIDENTAL, SPECIAL DAMAGES, OR DAMAGES FOR LOSS OF PROFITS, GOODWILL, REVENUE, DATA, OR USE, INCURRED BY YOU OR ANY THIRD PARTY, WHETHER IN AN ACTION IN CONTRACT, TORT, OR BREACH OR FAILURE OF WARRANTY, EVEN IF ZTREND HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN THE EVENT SOME JURISDICTIONS PROHIBIT THE EXCLUSION OF CERTAIN WARRANTIES, THE LIMITATION OF LIABILITY, OR THE DISCLAIMER OF CERTAIN DAMAGES, ZTREND'S AGGREGATE LIABILITY FOR ANY DAMAGES SHALL NOT EXCEED U.S. $10.
11. Indemnity
You agree to indemnify, defend, and hold ZTrend, its parents, officers, subsidiaries, affiliates, successors, assigns, directors, officers, agents, service providers, suppliers and employees, harmless from any claims or demands, including reasonable attorney fees and court costs, made by any third party due to or arising out of Content you submit, post or make available through the Sites Service, your use of the Sites Service, your violation of the Terms, your breach of any of the representations and warranties herein, or your violation of any rights of another.
12. Account and Password
The Site may present you with opportunities to open an account with the Site. If you open an account with the Site, you will receive an account logon and an initial password. It is your sole responsibility to (a) maintain the confidentiality of your account logon and password; (b) frequently update and revise your password; and (c) promptly notify ZTrend if there is any unauthorized use of your account or any breach of security.
13. Account and Password
The Site may have links, such as hyperlinks or buttons, directing access to third party's web sites ("Linked Sites"). The Linked Sites may not be controlled or monitored by ZTrend. ZTrend shall not be responsible for any materials, information, or content posted on the Linked Sites. The inclusion of the Linked Sites on the Site does not imply any relationship or association between ZTrend and the owner of the Linked Sites or any endorsement or sponsorship by ZTrend of the Linked Sites. ZTrend includes the Linked Sites solely for your convenience. You are solely responsible for your access of the Linked Sites. You shall use your own judgement, caution, and common sense in using the Linked Sites.
14. General information
The Terms constitute the entire agreement between you and ZTrend and govern your use of the Service, super ceding any prior agreements between you and ZTrend. The Terms and the relationship between you and ZTrend shall be governed by the laws of the State of California without regard to its conflict of law provisions. You and ZTrend agree to submit to the personal and exclusive jurisdiction of the courts located within the county of San Francisco, California. The failure of ZTrend to exercise or enforce any right or provision of the Terms shall not constitute a waiver of such right or provision. If any provision of the Terms is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of the Terms remain in full force and effect. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Service or the Terms must be filed within one (1) year after such claim or cause of action arose or be forever barred.
Contacting the Web Site
If you have any questions about this privacy statement, the practices of this site, or your dealings with this Web site, you may contact ZTrend.
Last updated: September 1, 2012
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