A. By using and/or visiting this website (collectively, including all Content available through the g3audio.com domain name, the "ZIIBI Website", or "Website"), you signify your agreement to (1) these terms and conditions (the "Terms of Service") and (2)ZIIBI's privacy notice, found at http://www.g3audio.com/privacy.aspx and incorporated here by reference. If you do not agree to any of these terms, the ZIIBI privacy notice, please do not use the ZIIBI Website.
B. Although we may attempt to notify you when major changes are made to these Terms of Service, you should periodically review the most up-to-date version http://www.g3audio.com/terms.aspx. ZIIBI may, in its sole discretion, modify or revise these Terms of Service and policies at any time, and you agree to be bound by such modifications or revisions. Nothing in this Agreement shall be deemed to confer any third-party rights or benefits.
A. These Terms of Service apply to all users of the ZIIBI Website, including users who are also contributors of information, and other materials or services on the Website. The ZIIBI Website includes all aspects of ZIIBI, including but not limited to ZIIBI channels.
B. The ZIIBI Website may contain links to third party websites that are not owned or controlled by ZIIBI. ZIIBI has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party websites. In addition, ZIIBI will not and cannot censor or edit the content of any third-party site. By using the Website, you expressly relieve ZIIBI from any and all liability arising from your use of any third-party website.
C. Accordingly, we encourage you to be aware when you leave the ZIIBI Website and to read the terms and conditions and privacy policy of each other website that you visit.
ZIIBI hereby grants you permission to access and use the Website as set forth in these Terms of Service, provided that:
A. You agree not to distribute in any medium any part of the Website, including but not limited to User Submissions (defined below), without ZIIBI's prior written authorization.
B. You agree not to alter or modify any part of the Website.
C. You agree not to use the Website for any commercial use, without the prior written authorization of ZIIBI. Prohibited commercial uses include any of the following actions taken without ZIIBI's express approval:
sale of access to the Website or its related services on another website;
use of the Website or its related services, for the primary purpose of gaining advertising or subscription revenue;
the sale of advertising, on the ZIIBI website or any third-party website, targeted to the content of specific ZIIBI content;
and any use of the Website or its related services that ZIIBI finds, in its sole discretion, to use ZIIBI's resources with the effect of competing with or displacing the market for ZIIBI and ZIIBI content. (For more information about prohibited commercial uses, see our FAQ.)
D. You agree not to use or launch any automated system, including without limitation, "robots," "spiders," or "offline readers," that accesses the Website in a manner that sends more request messages to the ZIIBI 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. Notwithstanding the foregoing, ZIIBI grants the operators of public search engines permission to use spiders to copy materials from the site for the sole purpose of and solely to the extent necessary for creating publicly available searchable indices of the materials, but not caches or archives of such materials. ZIIBI reserves the right to revoke these exceptions either generally or in specific cases. You agree not to collect or harvest any personally identifiable information, including account names, from the Website, nor to use the communication systems provided by the Website (e.g. comments, email) for any commercial solicitation purposes. You agree not to solicit, for commercial purposes, any users of the Website with respect to their User Submissions.
E. You will otherwise comply with the terms and conditions of these Terms of Service, ZIIBI Community Guidelines, and all applicable local, national, and international laws and regulations.
F. ZIIBI reserves the right to discontinue any aspect of the ZIIBI Website at any time.
In addition to the general restrictions above, the following restrictions and conditions apply specifically to your use of content on the ZIIBI Website.
A. The content on the ZIIBI Website including without limitation, the text, software, scripts, graphics, photos, sounds, music, videos, interactive features and the like ("Content") and the trademarks, service marks and logos contained therein ("Marks"), are owned by or licensed to ZIIBI, subject to copyright and other intellectual property rights under the law. Content on the Website is provided to you AS IS for your information and personal use only and may not be downloaded, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited for any other purposes whatsoever without the prior written consent of the respective owners. ZIIBI reserves all rights not expressly granted in and to the Website and the Content.
B. User Comments are made available to you for your information and personal use solely as intended through the normal functionality of the ZIIBI Service. User Comments are made available "as is", and may not be used, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, downloaded, or otherwise exploited in any manner not intended by the normal functionality of the ZIIBI Service or otherwise as prohibited under this Agreement.
C. You may access ZIIBI Content, user comments and other content only as permitted under this Agreement. ZIIBI reserves all rights not expressly granted in and to the ZIIBI Content and the ZIIBI Service.
D. You agree to not engage in the use, copying, or distribution of any of the Content other than expressly permitted herein, including any use, copying, or distribution of User Submissions of third parties obtained through the Website for any commercial purposes.
E. You agree not to circumvent, disable or otherwise interfere with security-related features of the ZIIBI Website or features that prevent or restrict use or copying of any Content or enforce limitations on use of the ZIIBI Website or the Content therein.
YOU AGREE THAT YOUR USE OF THE ZIIBI WEBSITE SHALL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, ZIIBI, ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE WEBSITE AND YOUR USE THEREOF. ZIIBI MAKES NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THIS SITE'S CONTENT OR THE CONTENT OF ANY SITES LINKED TO THIS SITE AND 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 WEBSITE, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR WEBSITE, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH OUR WEBSITE BY ANY THIRD PARTY, AND/OR (V) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE ZIIBI WEBSITE. ZIIBI DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE ZIIBI WEBSITE OR ANY HYPERLINKED WEBSITE OR FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND ZIIBI WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE.
IN NO EVENT SHALL ZIIBI, ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS, BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER RESULTING FROM 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 WEBSITE, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR WEBSITE, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH OUR WEBSITE BY ANY THIRD PARTY, AND/OR (V) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF YOUR USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE ZIIBI WEBSITE, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT THE COMPANY IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.
YOU SPECIFICALLY ACKNOWLEDGE THAT ZIIBI SHALL NOT BE LIABLE FOR USER SUBMISSIONS OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY AND THAT THE RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH YOU.
The Website is controlled and offered by ZIIBI from its facilities in the United States of America. ZIIBI makes no representations that the ZIIBI Website is appropriate or available for use in other locations. Those who access or use the ZIIBI Website from other jurisdictions do so at their own volition and are responsible for compliance with local law.
You agree to defend, indemnify and hold harmless ZIIBI, its parent corporation, officers, directors, employees and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney's fees) arising from: (i) your use of and access to the ZIIBI Website; (ii) your violation of any term of these Terms of Service; (iii) your violation of any third party right, including without limitation any copyright, property, or privacy right; or (iv) any claim that one of your User Submissions caused damage to a third party. This defense and indemnification obligation will survive these Terms of Service and your use of the ZIIBI Website.
You affirm that you are either more than 18 years of age, or an emancipated minor, or possess legal parental or guardian consent, and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in these Terms of Service, and to abide by and comply with these Terms of Service. In any case, you affirm that you are over the age of 13, as the ZIIBI Website is not intended for children under 13. If you are under 13 years of age, then please do not use the ZIIBI Website. There are lots of other great web sites for you. Talk to your parents about what sites are appropriate for you.
These Terms of Service, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by ZIIBI without restriction.
You agree that: (i) the ZIIBI Website shall be deemed solely based in California; and (ii) the ZIIBI Website shall be deemed a passive website that does not give rise to personal jurisdiction over ZIIBI, either specific or general, in jurisdictions other than California. These Terms of Service 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 ZIIBI that arises in whole or in part from the ZIIBI Website shall be decided exclusively by a court of competent jurisdiction located in California. These Terms of Service, together with the Privacy Notice at http://www.g3audio.com/privacy.aspx and any other legal notices published by ZIIBI on the Website, shall constitute the entire agreement between you and ZIIBI concerning the ZIIBI Website. If any provision of these Terms of Service is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms of Service, which shall remain in full force and effect. No waiver of any term of this these Terms of Service shall be deemed a further or continuing waiver of such term or any other term, and ZIIBI's failure to assert any right or provision under these Terms of Service shall not constitute a waiver of such right or provision. ZIIBI reserves the right to amend these Terms of Service at any time and without notice, and it is your responsibility to review these Terms of Service for any changes. Your use of the ZIIBI Website following any amendment of these Terms of Service will signify your assent to and acceptance of its revised terms. YOU AND ZIIBI AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE ZIIBI WEBSITE MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.
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