Updated: December 16, 2018
Welcome to Zonmaster, operated by BambooPenguin Ltd (“Zonmaster,” “we,” or “our”).
PLEASE READ THIS AGREEMENT CAREFULLY AS IT CONTAINS IMPORTANT INFORMATION REGARDING YOUR LEGAL RIGHTS, REMEDIES AND OBLIGATIONS, INCLUDING VARIOUS LIMITATIONS AND EXCLUSIONS, AND A DISPUTE RESOLUTION CLAUSE THAT GOVERNS HOW DISPUTES WILL BE RESOLVED.
1. Electronic Agreement
2. Access and Retention
In order to access and retain this electronic Agreement, you must have access to the World Wide Web, either directly or through devices that access web-based content, and pay any service fees associated with such access. In addition, you must use all equipment necessary to make such connection to the World Wide Web, including a computer and modem or other access device. Please print a copy of this document for your records. To retain an electronic copy of this Agreement, you may save it into any word processing program.
You must be at least eighteen (18) years of age. By using the Service, you represent and warrant that you have the right, authority and capacity to enter into this Agreement and to abide by all of the terms and conditions of this Agreement.
The Service is also not available to any users who have been previously removed or suspended from the Service.
4. Commercial Use of Service
If you are using and/or accessing the Service on behalf of a company, entity, or organization (collectively, a “Subscribing Entity”), you represent and warrant that:
Illegal and/or unauthorized uses of the Service include, but are not limited to, collecting usernames and/or email addresses of Members by electronic or other means for the purpose of sending unsolicited email, unauthorized framing of or linking to the Websites, sharing or disclosing your username or password to any third party or permitting any third party to access your account, attempting to impersonate another user or person, use of the Service in any fraudulent or misleading manner, any unreasonable automated use of the system, such as scraping the Websites, automated scripts, spiders, robots, crawlers, harvesting or data mining tools or the like, interfering with, disrupting, or creating an undue burden on the Service or the networks or services connected to the Service, and using the Service in a manner inconsistent with any and all applicable laws and regulations. Illegal and/or unauthorized use of the Service may be investigated, and appropriate legal action may be taken, including without limitation, civil, criminal, and injunctive redress. Use of the Service is with the permission of Zonmaster, which may be revoked at any time, for any reason, in Zonmaster’s sole discretion.
5. Account Security
You are responsible for maintaining the confidentiality of the username and password that you designate during the registration process, and you are fully responsible for all activities that occur under your username and password. You agree to (a) immediately notify Zonmaster of any unauthorized use of your username or password or any other breach of security, and (b) ensure that you exit from your account at the end of each session. Zonmaster will not be liable for any loss or damage arising from your failure to comply with this provision. You should use particular caution when accessing your account from a public or shared computer so that others are not able to view or record your password or other personal information. If you share your computer with others, you may wish to consider disabling your automatic sign in feature if you have it linked to your Zonmaster account.
6. Your Use of the Service
a. You must not copy or capture, or attempt to copy or capture, any content from the Websites or Service, unless given express permission by Zonmaster.
b. You must not copy, republish, adapt, make available or otherwise communicate to the public, display, perform, transfer, share, distribute or otherwise use or exploit any content on or from the Websites and/or Service.
c. You must not use any content in any way that is designed to create a separate service or that replicates any part of the offering of the Service.
d. You must not employ scraping or similar techniques to aggregate, repurpose, republish or otherwise make use of any content.
e. You must not employ any techniques or make use of any services, automated or otherwise, designed to misrepresent your activity on the Service, including without limitation by the use of bots, botnets, scripts, apps, plugins, extensions or other automated means to register accounts, log in, or otherwise to act on your behalf, particularly where such activity occurs in a multiple or repetitive fashion. You must not offer or promote the availability of any such techniques or services to any other users of the Service.
f. You must not alter or remove, or attempt to alter or remove, any trademark, copyright or other proprietary or legal notices contained in, or appearing on, the Websites or any Content appearing on the Service.
g. You must not, and must not permit any third party to, copy or adapt the object code of the Websites, or reverse engineer, reverse assemble, decompile, modify or attempt to discover any source or object code of any part of the Websites, or circumvent or attempt to circumvent or copy any copy protection mechanism or access any rights management information pertaining to content on the Service.
h. You must not use the Service to upload, post, store, transmit, display, copy, distribute, promote, make available or otherwise communicate to the public:
- i. any content that is abusive, libelous, defamatory, obscene, racist, sexually explicit, ethnically or culturally offensive, indecent, that promotes violence, terrorism, or illegal acts, incites hatred on grounds of race, gender, religion or sexual orientation, or is otherwise objectionable in Zonmaster’s sole and reasonable discretion;
- ii. any information, content or other material that violates, plagiarizes, misappropriates or infringes the rights of third parties including, without limitation, copyright, trademark rights, rights of privacy or publicity, confidential information or any other right; or
- iii. any content that violates, breaches or is contrary to any law, rule, regulation, court order or is otherwise illegal or unlawful in Zonmaster’s sole and reasonable opinion;
- iv. any material of any kind that contains any virus, Trojan horse, spyware, adware, malware, bot, time bomb, worm, or other harmful or malicious component, which will or might overburden, impair or disrupt the Service or servers or networks forming part of, or connected to, the Service, or which does or might restrict or inhibit any other user’s use and enjoyment of the Service; or
- v. any unsolicited or unauthorized advertising, promotional messages, spam or any other form of solicitation.
i. You must not commit or engage in, or encourage, induce, solicit or promote, any conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any law or regulation.
j. You must not deliberately impersonate any person or entity or otherwise misrepresent your affiliation with a person or entity, for example, by registering an account in the name of another person or company, or sending messages or making comments using the name of another person.
k. You must not stalk, exploit, threaten, abuse or otherwise harass another user, or any Zonmaster employee. If Zonmaster determines that any user has threatened, stalked, harassed, or verbally abused any Zonmaster employee or another Zonmaster Member, Zonmaster reserves the right to immediately terminate that user’s membership and suspend access to the Service. Any user so suspended shall not be entitled to any refund of unused subscription fees.
l. You must not sell or transfer, or offer to sell or transfer, any Zonmaster account to any third party without the prior written approval of Zonmaster.
m. You must not collect or attempt to collect personal data, or any other kind of information about other users, including without limitation, through spidering or any form of scraping, without prior authorization.
7. Representations and Warranties
You hereby represent and warrant to Zonmaster as follows:
b. Your Content and the availability thereof on the Service does not and will not infringe or violate the rights of any third party, including, without limitation, any intellectual property rights, performers’ rights, rights of privacy or publicity, or rights in confidential information.
c. You have obtained any and all necessary consents, permissions and/or releases from any and all persons appearing in Your Content in order to include their name, voice, performance or likeness in Your Content and to publish the same on the Websites and via any third party services.
d. Your Content does not contain any viruses, adware, spyware, worms, or other harmful or malicious code; and
e. Your Content, including any comments that you may post on the Websites, is not and will not be unlawful, offensive, abusive, libelous, defamatory, racist, ethnically or culturally offensive, indecent, will not promote violence, terrorism, or illegal acts, or incite hatred on grounds of race, gender, religion, or sexual orientation.
f. Your Content does not and will not create any liability on the part of Zonmaster, its subsidiaries, affiliates, successors, and assigns, and their respective employees, agents, directors, officers and/or shareholders.
Zonmaster reserves the right to remove Your Content, suspend or terminate your access to the Service and/or pursue all legal remedies if we believe that any of Your Content breaches any of the foregoing representations or warranties, or otherwise infringes another person’s rights or violates any law, rule or regulation.
Zonmaster and its subsidiaries, affiliates, successors, assigns, employees, agents, directors, officers and shareholders hereby exclude, to the fullest extent permitted by law, any and all liability which may arise from any Content uploaded to the Websites by users, including, but not limited to, any claims for infringement of intellectual property rights, rights of privacy or publicity rights, any claims relating to publication of defamatory, pornographic, obscene or offensive material, or any claims relating to the completeness, accuracy, currency or reliability of any information provided by users of the Websites. By using the Websites, you irrevocably waive the right to assert any claim with respect to any of the foregoing against Zonmaster, or any of its subsidiaries, affiliates, successors, assigns, employees, agents, directors, officers, or shareholders.
g. You Bear Risk of Upload. Zonmaster uses reasonable security measures in order to attempt to protect Your Content. However, Zonmaster cannot guarantee that there will be no unauthorized copying or distribution of Your Content nor will Zonmaster be liable for any copying or usage of Your Content not authorized by Zonmaster. You hereby release and forever waive any claims you may have against Zonmaster for any such unauthorized copying or usage of Your Content, under any theory of liability. THE SECURITY MEASURES TO PROTECT YOUR CONTENT USED BY Zonmaster HEREIN ARE PROVIDED AND USED “AS-IS” AND WITH NO WARRANTIES OR ASSURANCES THAT SUCH SECURITY MEASURES WILL WITHSTAND ATTEMPTS TO EVADE SECURITY MECHANISMS OR THAT THERE WILL BE NO CRACKS, DISABLEMENTS OR OTHER CIRCUMVENTION OF SUCH SECURITY MEASURES.
8. Membership and Pricing
9. Billing Subscriptions
a. General. Zonmaster bills you through an online account (your “Billing Account”) for use of the Service. You agree to pay Zonmaster all charges at the prices then in effect for any use of the Service by you or other persons (including your agents) using your Billing Account, and you authorize Zonmaster to charge your chosen payment provider (your “Payment Method”) for the Service. You agree to make payment using that selected Payment Method. Zonmaster reserves the right to correct any errors or mistakes that it makes even if it has already requested or received payment.
b. Recurring Billing. Our subscription plans to the Service consist of an initial period, for which there is a one-time charge, followed by recurring period charges as agreed to by you. By entering into this Agreement, you acknowledge that your subscription has an initial and recurring payment feature and you accept responsibility for all recurring charges prior to cancellation. Zonmaster may submit periodic charges (e.g. monthly) without further authorization from you, until you provide prior notice (confirmed in writing by Zonmaster) that you have terminated this authorization or wish to change your payment method. Such notice will not affect charges submitted before Zonmaster could reasonably act. YOU MAY change your payment method or cancel your paid membership by a provider of your chosen Payment Method (the “Payment Method Provider”). For your convenience, we take your payment information so that your Zonmaster membership will not be interrupted. We auto-renew your membership at the level you selected. Your Zonmaster subscription will be automatically extended for successive renewal periods of the same duration as the subscription term originally selected, at the then-current non-promotional subscription rate (if applicable).
c. Current Information Required. YOU MUST PROVIDE CURRENT, COMPLETE AND ACCURATE INFORMATION FOR YOUR BILLING ACCOUNT. YOU MUST PROMPTLY UPDATE ALL INFORMATION TO KEEP YOUR BILLING ACCOUNT CURRENT, COMPLETE AND ACCURATE (SUCH AS A CHANGE IN BILLING ADDRESS, CREDIT CARD NUMBER, OR CREDIT CARD EXPIRATION DATE), AND YOU MUST PROMPTLY NOTIFY Zonmaster IF YOUR PAYMENT METHOD IS CANCELED (E.G., FOR LOSS OR THEFT) OR IF YOU BECOME AWARE OF A POTENTIAL BREACH OF SECURITY, SUCH AS THE UNAUTHORIZED DISCLOSURE OR USE OF YOUR USER NAME OR PASSWORD. CHANGES TO SUCH INFORMATION CAN BE MADE AT ACCOUNT SETTINGS. IF YOU FAIL TO PROVIDE Zonmaster ANY OF THE FOREGOING INFORMATION, YOU AGREE THAT Zonmaster MAY CONTINUE CHARGING YOU FOR ANY USE OF THE SERVICE UNDER YOUR BILLING ACCOUNT UNLESS YOU HAVE TERMINATED YOUR SUBSCRIPTION FOR THE SERVICE (CONFIRMED BY YOU IN WRITING UPON REQUEST BY Zonmaster).
d. Payment Method. The terms of your payment will be based on your Payment Method and may be determined by agreements between you and the financial institution, credit card issuer or other provider of your chosen payment method.
e. Reaffirmation of Authorization. Your non-termination or continued use of the Service reaffirms that Zonmaster is authorized to charge your Payment Method. Zonmaster may submit those charges for payment and you will be responsible for such charges. This does not waive Zonmaster’s right to seek payment directly from you. Your charges may be payable in advance, in arrears, per usage, or as otherwise described when you initially subscribed to the Service.
f. Late Payment. If we are unable to process a payment that is due, you will be given a seven (7)-day grace period (the “Grace Period”) during which you will be able to continue using the Service. If we are not able to process your payment during the Grace Period, your access to the Service will be frozen until your account is brought current.
g. Refunds. Except as specifically set forth in this section, all Zonmaster services are prepaid for the period selected (monthly, yearly or otherwise) and are non-refundable.
Because you are given the opportunity to use the Service during the Trial Period (as that term is defined below), subsequently purchased subscriptions are not refundable. There will be no refunds or credits for partial months of service remaining on termination. If you upgrade or downgrade your subscription, we will charge the corresponding plan price pro rata the time of use. In order to treat everyone equally, no exceptions will be made.
During the Trial Period, you may downgrade or cancel your account at any time.
If you cancel a paid account, you will not be entitled to a refund for any previous charges, including the most recent charge. The only exception to this is for non-trial annual subscribers (those holding an annual subscription to the Service). Annual subscribers who wish to cancel or downgrade and request a refund may do so within 30 days of the day on which they were charged for their account; in these cases, only a partial refund equivalent to 80% of the annual fee will be returned. Other requests for refunds may be processed at the sole discretion of Zonmaster.
You can cancel your Subscription at any time. Please note that you must cancel your Subscription before it renews for a subsequent month in order to avoid being charged for the next month’s Subscription Fee. If you cancel your Subscription, the cancellation will become effective at the end of the then-current monthly Subscription period.
REFUNDS WILL NOT BE PROVIDED FOR ANY SUBSCRIPTION. WE DO NOT PROVIDE CREDIT, REFUNDS, OR PRORATED BILLING FOR SUBSCRIPTIONS THAT ARE CANCELLED MID-MONTH. In such a circumstance, you will continue to have access to your Subscription until the end of the monthly billing cycle. Zonmaster reserves the right to offer refunds, discounts or other consideration in select circumstances at its sole discretion. Please note that each circumstance is unique and election to make such an offer in one instance does not create the obligation to do so in another.
All cancellations and downgrades are processed automatically. To cancel or downgrade, please click the link or button that says “Cancel” and follow the instructions.
If you have a question while canceling your account, you must give us adequate time to respond to your message. Delays in our support system do not qualify as a reason to extend your trial period, or excuse canceling after 14 days.
h. Downgrades. You acknowledge and agree that downgrading your subscription may result in the loss of content, features, or capacity of your account. Zonmaster disclaims any and all liability arising from such loss.
i. Free Trial. When you create an account you will be eligible for a free trial period (the “Trial Period”). During the Trial Period, you may use the Service at no cost to evaluate its suitability for your needs. Each user is entitled to one (1) free trial unless otherwise agreed by Zonmaster in writing. Zonmaster reserves the right, in its sole discretion, to discontinue or change the availability of Trial Periods at any time.You acknowledge and agree that, upon the termination of your Trial Period, you will no longer be able to use the paid features on the Websites unless you purchase a subscription at the prices then in effect. Alternatively, your Trial Period will end automatically if you purchase a subscription prior to the termination of the Free Trial.
10. Modifications to Service
Zonmaster reserves the right at any time to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice. You agree that Zonmaster shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Service.
11. Blocking of IP Addresses
In order to protect the integrity of the Services, Zonmaster reserves the right at any time in its sole discretion to block Members from certain IP addresses from accessing the Websites and/or Service.
13. Third Party Content
Zonmaster may provide third party content on the Websites and/or Service and may provide links to webpages and content of third parties (collectively, the “Third-Party Content”) as a service to those interested in this information. Zonmaster does not control, endorse or adopt any Third-Party Content and makes no representation or warranties of any kind regarding the Third-Party Content, including without limitation regarding its accuracy or completeness. Please be aware that Zonmaster does not create Third-Party Content, nor does Zonmaster update or monitor it. Zonmaster is therefore not responsible for any Third-Party Content on the Service. Users use such Third-Party Content at their own risk.
Zonmaster cannot guarantee that any third party content, in the Services or elsewhere, will be free of material you may find objectionable or otherwise inappropriate or of malware or other contaminants that may harm your computer, mobile device, or any files therein. Zonmaster disclaims any responsibility or liability related to your access or use of such third party content.
The Service may include links or references to other web sites or services solely as a convenience to Zonmaster users (collectively, the “Reference Sites”). Zonmaster does not endorse any Reference Sites or the information, materials, products, or services contained on or accessible through Reference Sites. In addition, your correspondence or business dealings with, or participation in promotions of, advertisers found on or through the Service are solely between you and the relevant advertiser. Access and use of Reference Sites, including the information, materials, products, and services on or available through Reference Sites is solely at your own risk.
14. Intellectual Property
a. Content on Zonmaster
Zonmaster retains all proprietary rights in the Websites and the Service. The Websites contains the copyrighted material, trademarks, and other proprietary information of Zonmaster, and its licensors. Except where we have given you express written permission, you may not copy, modify, publish, transmit, distribute, perform, display, or sell any such proprietary information. All content on Zonmaster is proprietary. Except where otherwise specified in this Agreement, all Content is copyrighted material of Zonmaster and for Zonmaster Members’ use only. Distribution of Content to others is strictly prohibited. You agree that Zonmaster would be irreparably harmed by any violation or threatened violation of this section and that, therefore, Zonmaster shall be entitled to an injunction prohibiting you from any violation or threatened violation of this section, without posting bond, in addition to any other right or remedy it may have.
Zonmaster, the Zonmaster logos and any other product or service name or slogan contained in the Service are trademarks of Zonmaster or our suppliers or licensors and may not be copied, imitated or used, in whole or in part, without the prior written permission of Zonmaster or the applicable trademark holder. Any authorized use of these trademarks must be in accordance with any guidelines that Zonmaster may provide you from time to time.
You may not use any metatags or any other hidden text utilizing ” Zonmaster.com” or any other name, trademark or product or service name of Zonmaster without our prior written permission. In addition, the look and feel of the Zonmaster Service, including all page headers, custom graphics, button icons and scripts, is the service mark, trademark and/or trade dress of Zonmaster and may not be copied, imitated or used, in whole or in part, without our prior written permission. All other trademarks, registered trademarks, product names and company names or logos mentioned in the Service are the property of their respective owners. Reference to any products, services, processes or other information, by trade name, trademark, manufacturer, supplier or otherwise does not constitute or imply endorsement, sponsorship or recommendation thereof by us or any other affiliation.
The Service is owned and operated by Zonmaster. Unless otherwise indicated, all content and other materials on the Service, including, without limitation, Zonmaster’s logos, the visual interfaces, graphics, design, compilation, information, software, computer code (including source code or object code), services, text, pictures, information, data, sound files, other files and the selection and arrangement thereof (collectively, the “Materials”) are protected by United States copyright, trade dress, patent, and trademark laws, international conventions, and all other relevant intellectual property and proprietary rights, and applicable laws (including in your country of residence).
Unless otherwise expressly stated in writing by Zonmaster, you are granted a limited, non-sublicensable license (i.e. a personal and limited right) to access and use the Service for your personal or internal business use only.
- i. any resale or commercial use of the Service or the Materials;
- ii. the distribution, public performance or public display of any Materials;
- iii. modifying or otherwise making any derivative uses of the Service or the Materials, or any portion of them;
- iv. use of any data mining, robots or similar data gathering or extraction methods;
- v. downloading (except page caching) of any portion of the Service, the Materials or any information contained in them, except as expressly permitted on the Service; or
b. Grant of License.
Any Content other than Your Content is the property of the relevant Uploader, and is or may be subject to copyright, trademark rights or other intellectual property or proprietary rights. Such Content may not be downloaded, reproduced, distributed, transmitted, re-uploaded, republished, displayed, sold, licensed, made available or otherwise communicated to the public or exploited for any purposes except via the features of the Websites from time to time and within the parameters set by the Uploader on the Service or with the express written consent of the Uploader. Where you repost another user’s Content, or include another user’s Content in a set, you acquire no ownership rights whatsoever in that Content. Subject to the rights expressly granted in this section, all rights in Content are reserved to the relevant Uploader.
15. Copyright Policy
Zonmaster prohibits the submission or posting of any information that infringes or violates the copyright rights and/or other intellectual property rights (including rights of privacy and publicity) of any person or entity.
Pursuant to Title 17, United States Code, Section 512(c)(2) or for any other claim of copyright infringement, you hereby agree that notifications of claimed copyright infringement be sent by certified mail to:
Bamboo Penguin Limited: Room 2103, Futura Plaza, 111 How Ming Street, Kwun Tong, Hong Kong SAR
When contacting us, please make sure that you include the following information:
- a. a statement that you have identified Content on Zonmaster and/or Content hosted on servers and/or IP Addresses owned by or otherwise under the control of Zonmaster that infringes your copyright or the copyright of a third party on whose behalf you are entitled to act;
- b. a description of the copyright work(s) that you claim have been infringed;
- c. a description of the Content that you claim is infringing and the Zonmaster URL(s) where such Content can be located and/or the IP Address of the server where the Content is stored;
- d. your full name, address and telephone number, a valid email address on which you can be contacted, and your Zonmaster user name if you have one;
- e. a statement by you that you have a good faith belief that the disputed use of the material is not authorized by the copyright owner, its agent, or the law; and
- f. a statement by you that the information in your notice is accurate and that you are authorized to act on behalf of the owner of the exclusive right that is allegedly infringed.
In addition, if you wish for your notice to be considered as a notice pursuant to the United States Digital Millennium Copyright Act 17 U.S.C. Section 512(c), please also include the following:
- g. with respect to your statement that you are authorized to act on behalf of the owner of the exclusive right that is allegedly infringed, confirmation that such statement is made under penalty of perjury; and
- h. your electronic or physical signature (which may be a scanned copy).
Zonmaster will process any notice of alleged infringement which it receives and will take appropriate action as required by the Digital Millennium Copyright Act (DMCA) 17 U.S.C. 512(c)(3) or other applicable copyright law. U.S. law provides significant penalties for submitting such a statement falsely. Under appropriate circumstances, persons who repeatedly submit infringing or unlawful material will be prohibited from posting further submissions.
16. Blocking and Removal of Content
17. Repeat Infringer Policy
In accordance with the DMCA and other applicable laws around the world, Zonmaster has adopted a policy that it will promptly terminate without notice any user’s access to the Service if that user is determined by Zonmaster to be a “repeat infringer.” A repeat infringer includes, without limitation a user who has been notified by Zonmaster of infringing activity violations more than twice and/or who has had any user-submitted content removed from the Service more than twice. Zonmaster may also at our sole discretion limit access to the Service and/or terminate the accounts of any users who infringe any intellectual property rights of others, whether or not there is any repeat infringement.
In addition, Zonmaster accommodates and does not interfere with standard technical measures used by intellectual property rights owners to protect their materials.
18. Limitation of Liability
In no event shall Zonmaster be liable for any damages whatsoever, whether direct, indirect, general, special, compensatory, consequential, and/or incidental, arising out of or relating to the Websites or Service, or use thereof. Nothing contained in the Websites or Service or in any written or oral communications from Zonmaster or its employees or agents shall be construed to make any promise, covenant, warranty, or guaranty, all of which are explicitly disclaimed hereby, contrary to the statements and disclaimers contained in this paragraph.
The content and functionality on the Websites and Service, along with the services provided by employees of the Websites and Service, are offered “as is” without warranty of any kind, either express or implied, including, without limitation, implied warranties of merchantability, fitness for a particular purpose, title and non-infringement. Zonmaster makes no warranties, express or implied, as to the ownership, accuracy, completeness or adequacy of the Websites’ content or that the functionality of the Websites or Service will be uninterrupted or error-free or free from virus or third party attack. You hereby acknowledge that your use of the Websites and the Service is at your sole risk. UNDER NO CIRCUMSTANCES SHALL Zonmaster, ITS OFFICERS, OWNERS, EMPLOYEES OR AGENTS AND THEIR RESPECTIVE HEIRS, SUCCESSORS AND ASSIGNS BE LIABLE FOR ANY DAMAGES, INCLUDING DIRECT, INCIDENTAL, PUNITIVE, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES THAT DIRECTLY OR INDIRECTLY RESULT FROM USE OF, OR INABILITY TO USE, THE WEBSITES OR SERVICE OR THE INFORMATION CONTAINED THEREIN, INCLUDING WITHOUT LIMITATION FOR VIRUSES ALLEGED TO HAVE BEEN OBTAINED FROM THE WEBSITES OR SERVICE, EVEN IF Zonmaster HAS BEEN NOTIFIED OF THE POSSIBILITY OF SUCH DAMAGES OR LOSSES AND REGARDLESS OF THE THEORY OF LIABILITY.
TO THE GREATEST EXTENT PERMITTED BY LAW, YOU AGREE THAT IN NO EVENT WILL Zonmaster HAVE ANY LIABILITY, CONTINGENT OR OTHERWISE, FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES IN ANY WAY ARISING OUT OF OR RELATING TO THE AGREEMENT, WEBSITES OR THE SERVICE, INCLUDING, BUT NOT LIMITED TO LOST PROFITS, LOST DATA, LOSS OF GOODWILL, COPYRIGHT INFRINGEMENT, WORK STOPPAGE, EQUIPMENT FAILURE OR MALFUNCTION, PERSONAL INJURY, PROPERTY DAMAGE, OR ANY OTHER DAMAGES OR LOSSES, EVEN IF Zonmaster HAS BEEN ADVISED OF THE POSSIBILITY THEREOF, AND REGARDLESS OF THE LEGAL OR EQUITABLE THEORY (CONTRACT, TORT, STATUTE, INDEMNITY OR OTHERWISE) UPON WHICH SUCH LIABILITY IS BASED.
In the event that any of the foregoing limitations are deemed to be unenforceable, to the greatest extent permitted by law, you agree that the entire aggregate liability of Zonmaster and sole remedy available to any Member in any case in any way arising out of or relating to the Agreement, Websites or the Service shall be limited to monetary damages that in the aggregate may not exceed the greater of $100.00 or the sum of any amount paid by the Member or user to Zonmaster during the one (1) month prior to notice to Zonmaster of the dispute for which the remedy is sought.
19. Force Majeure
If a Force Majeure Event occurs, the party that is prevented by that Force Majeure Event from performing any one or more obligations under this Agreement (the “Nonperforming Party”) will be excused from performing those obligations, on condition that it complies with its obligations under this section of the Agreement.
For purposes of this Agreement, “Force Majeure Event” means, with respect to a party, any event or circumstance, regardless of whether it was foreseeable, that was not caused by that party and that makes it impossible, inadvisable, commercially impracticable, illegal, or impossible for that party to comply with any of its obligations under this Agreement, on condition that that party that uses reasonable efforts to perform such obligations when possible.
Upon occurrence of a Force Majeure Event, the Nonperforming Party shall promptly notify the other party of occurrence of that Force Majeure Event, its effect on performance, and how long that party expects it to last. Thereafter the Nonperforming Party shall update that information as reasonably necessary. During a Force Majeure Event, the Nonperforming Party shall use reasonable efforts to limit damages to the Performing Party and to resume its performance under this Agreement.
20. Indemnity by You
You agree to indemnify and hold Zonmaster, its subsidiaries, affiliates, officers, agents, and other partners and employees, harmless from any loss, liability, claim, or demand, including reasonable attorneys’ fees, arising out of or related to:
c. any activity related to your account, be it by you or by any other person accessing your account with or without your consent unless such activity was caused by the act or default of Zonmaster.
21. Attorney Fees
22. Parental or Guardian Permission
Some of the Content on the Websites may not be appropriate for children. CHILDREN UNDER THE AGE OF 18 ARE NOT PERMITTED TO USE THE WEBSITES AND/OR SERVICE UNLESS A SUPERVISING PARENT OR GUARDIAN IS PRESENT. INDIVIDUALS UNDER THE AGE OF 18 ARE NOT PERMITTED TO SUBSCRIBE TO OUR FEE-BASED SERVICES OR GIVE Zonmaster THEIR EMAIL ADDRESS OR ANY OTHER PERSONALLY IDENTIFIABLE INFORMATION.
24. Jurisdiction and Choice of Law; Dispute Resolution
If there is any dispute arising out of the Website and/or the Service, by using the Website and/or Service, you expressly agree that any such dispute shall be governed by the laws of the State of California, without regard to its conflict of law provisions, and you expressly agree and consent to the exclusive jurisdiction and venue of the state and federal courts of the State of California, for the resolution of any such dispute. Acceptance of the terms and conditions of this Agreement constitutes your consent to be sued in such courts and to accept service of process outside the State of California with the same force and effect as if such service had been made within the State of California. You hereby agree to accept service of process for any action hereunder by certified mail return receipt requested which service shall have the same force and effect as though service had been effected by personal service in the applicable jurisdiction. If any part of these terms is unlawful, void, or unenforceable, that part will be deemed severable and will not affect the validity and enforceability of the remaining provisions.
If the Company brings legal action to enforce its rights under this Agreement, Company will be entitled to recover from you its expenses (including reasonable attorneys’ fees) incurred in connection with the action and any appeal.
25. No Class Action
Except where prohibited by law, as a condition of using the Websites and/or Service, you agree that any and all disputes, claims and causes of action (collectively, “Claim”) arising out of or connected with the Websites and/or Service, shall be resolved individually, without resort to any form of class action.
26. No Third Party Beneficiaries
27. Availability Outside the U.S
28. Entire Agreement
29. Severability; Waiver
Please contact us with any questions regarding this agreement. Zonmaster is a trademark of BambooPenguin Ltd.
I HAVE READ THIS AGREEMENT AND AGREE TO ALL OF THE PROVISIONS CONTAINED ABOVE.