This Agreement was established on April 25, 2008.
USE OF OUR SERVICE
In order to access some features of the Service, including the membership area, you must become a member of ZAN and create an account on the Service. If you join ZAN and register as a member on the Service, you represent that your registration information is truthful, accurate and complete. You may never use another User's account without permission. You are solely responsible for the activity that occurs on your account, and you must keep your account password secure. You must notify ZAN immediately of any breach of security or unauthorized use of your account. Although ZAN will not be liable for your losses caused by any unauthorized use of your account, you shall be liable for the losses of ZAN or others due to such unauthorized use.
By providing ZAN your email address, you consent to our using the email address to send you Service-related notices, including among other things to notify you of any security breach, instead of postal mail. You may not opt out of Service-related e-mails. We may also use your email address to send you other messages, including newsletters and notices of upcoming events. If you do not want to receive such email messages, you may opt out by sending an unsubscribe email message to a corresponding google group.
You agree not to use or launch any automated system, including without limitation, "robots," "spiders," "offline readers," etc., that accesses the Internet Service in a manner that sends more request messages to the ZAN servers in a given period of time than a human can reasonably produce in the same period by using a conventional on-line web browser. You agree not to collect or harvest any personally identifiable information, including account names, from the Service, nor to use the communication systems provided by the Service for any commercial solicitation purposes except as expressly permitted herein.
ZAN may permanently or temporarily terminate, suspend, or otherwise refuse to permit your access to the Service without notice and liability, if, in ZAN's sole determination, you violate any of the Agreement, including the following prohibited actions; (i) attempting to interfere with, compromise the system integrity or security or decipher any transmissions to or from the servers running the Internet Service; (ii) taking any action that imposes, or may impose at our sole discretion an unreasonable or disproportionately large load on our infrastructure; (iii) uploading invalid data, viruses, worms, or other software agents through the Internet Service; (iv) impersonating another person or otherwise misrepresenting your affiliation with a person or entity, conducting fraud, hiding or attempting to hide your identity; (v) interfering with the proper working of the Service; or, (vi) bypassing the measures we may use to prevent or restrict access to the Service. Upon termination for any reason, you continue to be bound by this Agreement.
You are solely responsible for your interactions with other users of the Service. ZAN is not a party to such interactions and disclaims all liability arising therefrom.
Our Proprietary Rights. The Service and all materials therein or transferred thereby, including, without limitation, software, images, text, data, graphics, illustrations, logos, photographs, audio, videos and music (the "Content"), and all Intellectual Property Rights (as defined below) related thereto, are the exclusive property of ZAN and its licensors. Except as explicitly provided herein, nothing in this Agreement shall be deemed to create an assignment, transfer, or license in or under any such Intellectual Property Rights, and you agree not to sell, license, rent, modify, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit or create derivative works from any materials or content accessible on the Service. Use of the materials on the Service for any purpose not expressly permitted by this Agreement is strictly prohibited.
For the purposes of this Agreement, "Intellectual Property Rights" means all patent rights, copyright rights, mask work rights, moral rights, rights of publicity, trademark, trade dress and service mark rights, goodwill, trade secret rights and other intellectual property rights as may now exist or hereafter come into existence, and all applications therefore and registrations, renewals and extensions thereof, under the laws of any state, country, territory or other jurisdiction.
Subject to the terms and conditions of this Agreement, you are hereby granted a non-exclusive, limited, personal license to use the Service. ZAN reserves all rights not expressly granted herein in the Service. ZAN may terminate this license at any time for any reason or no reason.
Displaying Our Emblem. If ZAN provides an emblem or logo ("Emblem") and written consent, then you are granted the nonexclusive, worldwide right and license to publicly display our Emblem on your website. The Emblem may not be altered or merged with other emblems or trademarks. If ZAN requires you to remove the Emblem and stop using it for any reason, you will immediately do so.
Linking to Our Site. You may not display our Content within a frame or border, or "deep link" or harvest Content from below our top-most URL. You may link to the home page of our website. You will remove any such link that we find objectionable promptly upon request.
ZAN presents and sponsors Events to provide education, career development, and networking opportunities to its members and the community. Our Events listing offers information about upcoming events sponsored by ZAN. ALL EVENT INFORMATION, DESCRIPTIONS, AND PRICES ARE PROVIDED ON AN "AS-IS" and "AS-AVAILABLE" BASIS. ZAN is not responsible for any loss, damage, liability, expense or other problem or cost that you may incur or that may arise as a result of any Event, the content of the Event, the Event being cancelled, or as a result of, or any change in, the subject matter, location, or time of the Event, or change in the speakers, panelists, participants, facilities, or equipment used for the Event.
All Event reservations are subject to our approval and acceptable payment methods or terms. Unless otherwise agreed, prices are payable in U.S. dollars by major credit card, certified check or money order. Prices and availability of items are subject to change without notice. Event reservation or membership purchases may be cancelled within three days of purchase for a full refund or to the extent allowed by applicable law.
We may invite you to post on Blog and Forums, submit your news or comments of interest to the ZAN community ("Submissions") for possible publication or use on our site, in our newsletters, or elsewhere. All Submissions you submit or offer to ZAN shall become and remain the exclusive property of ZAN and you relinquish all rights to such Submissions. ZAN may use the Submissions in any medium and for any purpose worldwide, without obtaining your specific consent. You hereby grant us permission to use the name of any person and/or entity identified as the submitter of the Submission in connection with the Submission. ZAN is under no obligation to use or publish your Submissions, to pay to you any compensation for any Submissions submitted, or to respond to any of your Submissions. ZAN reserves the right to edit your Submissions in its sole discretion.
In connection with each Submission, you affirm, represent and warrant the following:
a. You are at least 18 years of age, and are fully able and competent to enter into this Agreement.
b. You have the written consent of each and every identifiable natural person in the Submission to use such person's name or likeness in the manner contemplated by the Service and this Agreement, and each such person has released you from any liability that may arise in relation to such use.
c. Your Submission and ZAN's use thereof as contemplated by this Agreement and the Service will not violate any applicable law or infringe any rights of any third party, including but not limited to any intellectual property rights, privacy rights and rights of publicity.
d. You will NOT post anti-government articles and politically sensitive debates and materials in this website that may cause the website being banned in some countries.
e. You will NOT post offensive personal attacks and erotic materials in this website that may cause the website being banned or dragged into legal disputes.
THIRD PARTY WEBSITES AND SERVICES
WARRANTIES & LIABILITIES
Disclaimer of Warranty. THIS SERVICE (INCLUDING ALL INFORMATION, CONTENT, COMMUNICATIONS, FEATURES, SERVICES, AND EVENTS) MAY INCLUDE INACCURACIES, ERRORS AND DEFECTS AND IS PROVIDED AS-IS AND AS-AVAILABLE. THE SERVICE IS PROVIDED WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. WITHOUT LIMITING THE FOREGOING, ZAN, ITS SUBSIDIARIES, AND ITS LICENSORS DO NOT WARRANT THAT THE CONTENT IS ACCURATE, RELIABLE OR CORRECT; THAT THE SERVICE WILL MEET YOUR REQUIREMENTS; THAT THE SERVICE WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION, UNINTERRUPTED OR SECURE; THAT ANY DEFECTS OR ERRORS WILL BE CORRECTED; OR THAT THE SERVICE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. ANY CONTENT DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS DOWNLOADED AT YOUR OWN RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM SUCH DOWNLOAD.
ZAN DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE ZAN SERVICE OR ANY HYPERLINKED WEBSITE OR SERVICE, OR FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND ZAN WILL NOT BE A PARTY TO OR IN ANY WAY MONITOR ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES.
Limitation of Liability. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL ZAN, ITS AFFILIATES, DIRECTORS, EMPLOYEES OR ITS LICENSORS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING WITHOUT LIMITATION DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES, THAT RESULT FROM THE USE OF, OR INABILITY TO USE, THIS SERVICE. UNDER NO CIRCUMSTANCES WILL ZAN BE RESPONSIBLE FOR ANY DAMAGE, LOSS OR INJURY RESULTING FROM HACKING, TAMPERING OR OTHER UNAUTHORIZED ACCESS OR USE OF THE SERVICE OR YOUR ACCOUNT OR THE INFORMATION CONTAINED THEREIN.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ZAN ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT; (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR SERVICE; (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION STORED THEREIN; (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SERVICE; (V) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH OUR SERVICE BY ANY THIRD PARTY; (VI) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE THROUGH THE SERVICE; AND/OR (VII) USER CONTENT OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY.
THIS LIMITATION OF LIABILITY SECTION APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR ANY OTHER BASIS, EVEN IF ZAN HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.
The Service is controlled from its facilities in the United States. ZAN makes no representations that the Service is appropriate or available for use in other locations. Those who access or use the Service from other jurisdictions do so at their own volition and are responsible for compliance with local law.
Sole Remedy. IN ANY EVENT, YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY LIABILITY RELATING TO OR ARISING OUT OF THE SERVICE OR THIS AGREEMENT, REGARDLESS OF THE FORM IN WHICH ANY LEGAL OR EQUITABLE ACTION MAY BE BROUGHT, SHALL BE THE AMOUNT, IF ANY, ACTUALLY PAID TO THE SERVICE BY YOU DURING THE SIX (6) MONTHS PRECEDING THE EVENT GIVING RISE TO YOUR CLAIM.
Indemnification. You agree to defend, indemnify and hold harmless ZAN and its officers, directors, owners, agents, employees, advisers and consultants, from and against any claims, actions, demands, liability, damages (including legal and professional fees) asserted by any third party and arising from (i) your use of and access to the Service, including any data or work transmitted or received by you; (ii) your violation of any term of this Agreement; (iii) your violation of any third-party right, including without limitation any right of privacy, publicity rights or intellectual property rights; (iv) your violation of any law, rule or regulation of the United States or any other country; or (v) any other party¡¯s access and use of the Service with your unique username, password or other appropriate security code.
Governing Law. You agree that: (i) the Service shall be deemed solely based in California; and (ii) the Service shall be deemed a passive one that does not give rise to personal jurisdiction over ZAN, either specific or general, in jurisdictions other than California. This Agreement shall be governed by the internal substantive laws of the State of California, without respect to its conflict of laws principles. Any claim or dispute between you and ZAN that arises in whole or in part from the Service shall be decided exclusively by a court of competent jurisdiction located in Santa Clara County, California.
No waiver of any term of this Agreement shall be deemed a further or continuing waiver of such term or any other term, and ZAN's failure to assert any right or provision under this Agreement shall not constitute a waiver of such right or provision.