Zentation Terms of Service for Your Personal
Use
WE ASK THAT YOU READ THE FOLLOWING TERMS OF
SERVICE, WHICH CONSTITUTE A LICENSE THAT COVERS YOUR USE OF THIS SITE. BY ACCESSING, VIEWING, OR USING THIS SITE,
YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTAND,
By
using Zentation.com, you (sometimes referred to herein as “User”) agree to be
bound by the following terms and conditions (the "Terms of Service").
The owner of the site, MVP Collaborative, LLC, a Michigan limited liability
company (referred to herein as “Zentation" or Zentation.com), may unilaterally
modify or terminate, at any time, any services offered by Zentation, with or
without notice to you.
User Submitted Content to Zentation
The
content submitted and displayed on Zentation.com (referred herein as
“Submissions”) or content links on Zentation.com are developed by people over
whom Zentation exercises no control. Zentation does not screen the content
before it is displayed on the site. With
User submitted content, some people may find the content objectionable,
inappropriate or offensive. We cannot guarantee that Zentation.com will not display
unintended or objectionable content on the site and Zentation assumes no
responsibility or liability for the content of any User Submissions.
Site Use
You may not take the Zentation
site, reformat and/or display it, or mirror the Zentation site on your web site. For alternative uses of Zentation, please contact us for more
information via info@zentation.com.
In
order to access some features of Zentation.com, you will have to create an
account. You may never use another User's account without permission. When
creating an account, you must provide accurate and complete information. You
are solely responsible for the activity that occurs on your account, and you
must keep your account password secure. You must notify Zentation immediately
of any breach of security or unauthorized use of your account. Although
Zentation will not be liable for your losses caused by any unauthorized use of
your account, you may be liable for the losses of Zentation or others due to
such unauthorized use.
You
agree not to use or launch any automated system, including without limitation,
"robots," "spiders," "offline readers," etc.,
that accesses Zentation.com in a manner that sends more request messages to the
Zentation 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, Zentation grants the operators of public search engines
permission to use spiders to copy materials from Zentation.com for the sole
purpose of creating publicly available searchable indices of the materials, but
not caches or archives of such materials. Zentation 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 Zentation.com, nor to use the communication systems provided by Zentation.com
for any commercial solicitation purposes. You agree not to solicit, for
commercial purposes, any Users of Zentation.com with respect to their
Submissions.
Users
understand and agree that third-party advertising, in any commercially
reasonable format, may be made available to users of Zentation.com, including
in connection with uploaded Submissions. Users expressly agree that they shall
not be entitled to any sharing or other compensation whatsoever for any revenue
generated or received by Zentation for the display of any such advertisements.
By
using Zentation.com, you understand that content displayed on Zentation.com may
be hosted from other sources. Please see
the Terms and Conditions for those third-party sites for proper use.
If
you are a User who submits content to Zentation.com, you understand that
whether or not your Submissions are displayed or otherwise made available,
Zentation does not guarantee any confidentiality or security with respect to
any such Submissions.
You
shall be solely responsible for your Submissions and the consequences of
posting or publishing them. In connection with Submissions, you affirm,
represent, and/or warrant that:
·
you
own or have the necessary licenses, rights, consents, and permissions to use
and authorize Zentation to use all patent, trademark, trade secret, copyright
or other proprietary rights in and to any and all Submissions to enable
inclusion and use of the Submissions in the manner contemplated by Zentation.com
and these Terms of Service; and
·
you
have the written consent, release, and/or permission of each and every
identifiable individual person in the Submission to use the name or likeness of
each and every such identifiable individual person to enable inclusion and use
of the Submissions in the manner contemplated by Zentation.com and these Terms
of Service.
Any other use of this site is prohibited. By way of example, you
should not use any features of this site that permit communications or postings
to post, transmit, display, or otherwise communicate:
·
any defamatory, threatening, obscene, harassing, or
otherwise unlawful information;
·
any advertisement, solicitation, spam, chain letter, or
other similar type of information;
·
any encouragement of illegal activity;
·
unauthorized use or disclosure of private, personally
identifiable information of others; or
·
any materials subject to trademark, copyright, or other laws
protecting any materials or data of others in the absence of a valid license or
other right to do so.
Privacy Policy
Please
click here for Zentation’s Privacy Policy governing the use of information that
Zentation obtains from you through your use of this site.
Changes In Terms and Conditions and Services
Zentation
may modify or terminate its services from time to time, for any reason, and
without notice to you, including the right to terminate with or without notice
and without liability to you, any other User or any third party. We reserve the
right to modify these Terms of Service from time to time without notice. Please
review these Terms of Service from time to time so that you will be apprised of
any changes.
Intellectual Property Policy
It
is our policy to respond to notices of alleged infringement that comply with
the Digital Millennium Copyright Act. For directions and more information,
please see our DMCA policy below.
All
content on Zentation.com, other than the Submissions displayed on Zentation.com
or otherwise made available via Zentation.com, including without limitation,
the text, software, scripts, graphics, photos, sounds, music, videos,
interactive features and the like ("Zentation Content") and the
trademarks, service marks and logos contained therein ("Marks"), are
owned by or licensed to Zentation, subject to trademark, copyright and other
intellectual property rights under United States and foreign laws and
international conventions. Submissions made available on or via Zentation.com,
are provided to you AS IS for your information and personal use (or, as
applicable, for Permitted Business Use) only and may not be used, copied,
reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, or
otherwise exploited for any other purposes whatsoever without the prior written
consent of Zentation or the respective owners of such Submissions. Zentation
reserves all rights not expressly granted in and to Zentation.com and the
Zentation content. You agree to not engage in the use, copying, or distribution
of any of the Zentation Content or Submissions, other than expressly permitted
herein, including any use, copying, or distribution of Submissions of third
parties obtained through Zentation.com for any commercial or service bureau
purposes. If you download or print a copy of any Zentation Content or
Submissions for personal use, you must retain all copyright and other
proprietary notices contained therein. You agree not to circumvent, disable or
otherwise interfere with security related features of Zentation.com or features
that prevent or restrict use or copying of any Zentation Content or
Submissions, or enforce limitations on use of Zentation.com or the Zentation
Content or Submissions displayed or made available therein.
Disclaimer of Warranties
Zentation
disclaims any and all responsibility or liability for the accuracy, content,
completeness, legality, reliability, or operability or availability of
information or material displayed on Zentation.com. Zentation disclaims any
responsibility for the deletion, failure to store, misdelivery, or untimely
delivery of any information or material. Zentation disclaims any responsibility
for any harm resulting from downloading or accessing any information or material
on the Internet through Zentation.com.
You
expressly agree that use of this site is at your sole risk. Neither Zentation,
its affiliates, nor any of their officers, directors, employees, agents,
third-party content providers, or licensors, or the like, warrant that this
site will be uninterrupted or error-free; nor do they make any warranty as to
the results that may be obtained from the use of this site, or as to the
accuracy, completeness, reliability, security, or currency of the Submissions.
The
Submissions may contain errors, omissions, inaccuracies, or outdated
information. Further, Zentation does not warrant reliability of any statement
or other information displayed or distributed through this site. Zentation
reserves the right, in its sole discretion, to correct any errors or omissions
in any portion of the site. Zentation may make any other changes to this site,
the Materials and the products, programs, services, or prices (if any)
described in this site at any time without notice.
ZENTATION,
YOU
UNDERSTAND AND AGREE THAT YOU DOWNLOAD OR OTHERWISE OBTAIN MATERIAL OR DATA
THROUGH THE USE OF ZENTATION.COM AT YOUR OWN DISCRETION AND RISK AND THAT YOU
WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGES TO YOUR COMPUTER SYSTEM OR LOSS OF
DATA THAT RESULTS FROM THE DOWNLOAD OF SUCH MATERIAL OR DATA.
SOME
STATES OR OTHER JURISDICTIONS LIMIT OR DO NOT ALLOW THE EXCLUSION OF IMPLIED OR
OTHER WARRANTIES, SO THE ABOVE DISCLAIMER
Limitation of Liability
UNDER
NO CIRCUMSTANCES SHALL ZENTATION OR ITS LICENSORS BE LIABLE TO ANY USER ON
ACCOUNT OF THAT USER'S USE OR MISUSE OF OR RELIANCE ON ZENTATION.COM. ARISING
FROM ANY CLAIM RELATING TO THIS AGREEMENT OR THE SUBJECT MATTER HEREOF SUCH
LIMITATION OF LIABILITY SHALL APPLY TO PREVENT RECOVERY OF DIRECT, INDIRECT,
INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, AND PUNITIVE DAMAGES WHETHER
SUCH CLAIM IS BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), OR
OTHERWISE, (EVEN IF ZENTATION OR ITS LICENSORS HAVE BEEN ADVISED OF THE
POSSIBILITY OF SUCH DAMAGES). SUCH LIMITATION OF LIABILITY SHALL APPLY WHETHER
THE DAMAGES ARISE FROM USE OR MISUSE OF AND RELIANCE ON ZENTATION.COM, FROM
INABILITY TO USE ZENTATION.COM, OR FROM THE INTERRUPTION, SUSPENSION, OR
TERMINATION OF ZENTATION.COM (INCLUDING SUCH DAMAGES INCURRED BY THIRD
PARTIES). THIS LIMITATION SHALL ALSO APPLY WITH RESPECT TO DAMAGES INCURRED BY
REASON OF OTHER SERVICES OR GOODS RECEIVED THROUGH OR ADVERTISED ON ZENTATION.COM
OR RECEIVED THROUGH ANY LINKS PROVIDED ON ZENTATION.COM, AS WELL AS BY REASON
OF ANY INFORMATION OR ADVICE RECEIVED THROUGH OR ADVERTISED ON ZENTATION.COM OR
RECEIVED THROUGH ANY LINKS PROVIDED ON ZENTATION.COM. THIS LIMITATION SHALL
ALSO APPLY, WITHOUT LIMITATION, TO THE COSTS OF PROCUREMENT OF SUBSTITUTE GOODS
OR SERVICES, LOST PROFITS, OR LOST DATA. SUCH LIMITATION SHALL FURTHER APPLY
WITH RESPECT TO THE PERFORMANCE OR NON-PERFORMANCE OF ZENTATION.COM OR ANY
INFORMATION OR MERCHANDISE THAT APPEARS ON, OR IS LINKED OR RELATED IN ANY WAY
TO, ZENTATION.COM. SUCH LIMITATION SHALL APPLY NOTWITHSTANDING ANY FAILURE OF
ESSENTIAL PURPOSE OF ANY LIMITED REMEDY AND TO THE FULLEST EXTENT PERMITTED BY
LAW.
SOME
STATES OR OTHER JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF
LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS AND
EXCLUSIONS MAY NOT APPLY TO YOU.
Without
limiting the foregoing, under no circumstances shall Zentation or its licensors
be held liable for any delay or failure in performance resulting directly or
indirectly from acts of nature, forces, or causes beyond its reasonable
control, including, without limitation, Internet failures, computer equipment
failures, telecommunication equipment failures, other equipment failures,
electrical power failures, strikes, labor disputes, riots, insurrections, civil
disturbances, shortages of labor or materials, fires, floods, storms,
explosions, acts of God, war, governmental actions, orders of domestic or
foreign courts or tribunals, non-performance of third parties, or loss of or
fluctuations in heat, light, or air conditioning.
Hyperlink Disclaimers
As a
convenience to you, Zentation may provide on this site links to web sites
operated by other entities (collectively the “Linked Sites”). If you use any
Linked Sites, you will leave this site. If you decide to visit any Linked Site,
you do so at your own risk and it is your responsibility to take all protective
measures to guard against viruses or other destructive elements. Linked Sites,
regardless of the linking form (e.g., hotlinks, hypertext links, IMG links) are
not maintained, controlled, or otherwise governed by Zentation. The content,
accuracy, opinions expressed, and other links provided by Linked Sites are not
investigated, verified, monitored, or endorsed by Zentation. Zentation does not
endorse, make any representations regarding or warrant any information, goods,
and/or services appearing and/or offered on any Linked Site, other than linked
information authored by Zentation. Links do not imply that Zentation or this
site sponsors, endorses, is affiliated or associated with, or is legally
authorized to use any trademark, trade name, logo, or copyright symbol
displayed in or accessible through the links, or that any Linked Site is
authorized to use any trademark, trade name, logo or copyright symbol of Zentation
or any of its affiliates or subsidiaries. Except for links to information
authored by Zentation, Zentation is neither responsible for nor will it be
liable under any theory based upon (i) any Linked Site; (ii) any information
and/or content found on any Linked Site; or (iii) any site(s) linked to or from
any Linked Site. If you decide to visit any Linked Sites and/or transact any
business thereon, you do so at your own risk. Zentation reserves the right to
discontinue any Linked Site at any time without prior notice. Please contact
the Web masters of any Linked Sites concerning any information, goods, and/or
services appearing thereon.
Indemnity
You
agree to defend, indemnify and hold harmless Zentation, its officers,
directors, employees, affiliates and agents, from and against any and all
claims, damages, obligations, losses, liabilities, costs or debt, and expenses
(including but not limited to reasonable attorney's fees) arising from:
·
your
use of and access to Zentation.com;
·
your
violation of any term of these Terms of Service;
·
your
violation of any third party right, including without limitation any copyright,
property, or privacy right; or
·
any
claim that one of your Submissions caused damage to a third party. This defense
and indemnification obligation will survive these Terms of Service and your use
of Zentation.com.
Ability to Accept Terms of Service
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 Zentation.com is not intended for children under
13. If you are under 13 years of age, then please do not use this site.
Controlling Law, Jurisdiction and International Users
This
Agreement is governed by and shall be construed in accordance with the laws of
the State of
Entire Agreement
These Terms of Service constitute the entire
agreement between the parties with respect to the subject matter hereof and
supersedes and replaces all prior or contemporaneous understandings or
agreements, whether electronic, written or oral, regarding such subject matter.
A printed version of these Terms and of any notice given in electronic form
shall be admissible in judicial or administrative proceedings based upon or
relating to these Terms to the same extent and subject to the same conditions
as other business documents and records originally generated and maintained in
printed form. If for any reason a court of competent jurisdiction finds any
provision of these Terms or portion thereof to be unenforceable, that provision
shall be enforced to the maximum extent permissible so as to effect the intent
of these Terms, and the remainder of these Terms shall continue in full force
and effect. No waiver by either party of any breach or default hereunder shall
be deemed to be a waiver of any preceding or subsequent breach or default.
Limitations on Claim
YOU
Term and Termination
Without
limiting its other remedies, Zentation may immediately discontinue, suspend,
terminate, or block you and any other User’s access to this site at any time in
our sole discretion.
Electronic Communications and Electronic
Signatures
You
agree to be bound by any affirmation, assent, or agreement you transmit through
this site, including but not limited to, any consent you give to receive
communications from Zentation solely through electronic transmission. You agree
that when in the future you click on an “I agree, ”I consent,” or other
similarly worded button or entry field with your mouse, keystroke, or other
computer device, your agreement or consent will be legally binding and
enforceable and the legal equivalent of your handwritten signature.
Copyright Infringement Notification Procedures
If you are a copyright owner, or an agent thereof, and believe that any Submission or other content infringes upon your copyright(s), you may send us a written notification that includes the following information.
MVP Collaborative, LLC
Attn:
Karl Siegert, Director
Email: DMCA@zentation.com
Telephone:
Fax:
If
the notice involves a
Once
Zentation receives proper written notification from you, links to the alleged
video and/or slide show that is infringing on your copyright will be removed or
access will be disabled. If applicable,
we may also terminate the account of the user who linked the material to
Zentation.com. We will then contact the
user who linked the material to give them notice of your claim, and we will
also give them a copy of your written notification, including your contact
information, so you and the user will then have an opportunity to resolve the
issue.
*Please take notice that you
may be liable for damages, including costs and reasonable attorney fees, that
arise from your material misrepresentation of a copyright infringement. Therefore, we suggest you first contact an
attorney to determine that the material is infringing your copyright(s).
Counter Notification
Procedures
If Zentation removed or disabled access to your
material, and the alleged infringement applies to a U.S. copyright, you may
send Zentation a proper counter notification pursuant
to Sections 512(g)(2) and 512(g)(3) of the DMCA by sending a written
notification that includes the following information.
(1)
A physical or electronic signature of a person authorized to act on
behalf of the user who linked the removed or disabled material;
(2)
Identification of the material that Zentation has removed or disabled
access;
(3)
Information reasonably sufficient to permit Zentation to contact you,
such as an address, telephone number, and, if available, an electronic mail;
(4)
A statement that you consent to the
jurisdiction of a U.S. District Court for the judicial district in which your
address is located (or the Eastern District of Michigan if your address is
outside of the United States), and that you will accept service of process from
the person who provided notification under Section 512 (c)(1)(C) of the DMCA,
or an agent of such person.; and
(5)
A statement, under penalty of perjury, that you in good faith believe
that the material removed or disabled was a result of a mistake or misidentification,
and that you are authorized to act on behalf of the user who linked the removed
or disabled material.
(6)
Your written notification should be sent to Zentation’s designated
Counter Notification Agent:
MVP
Collaborative, LLC
Attn: Karl Siegert, Director
Email: DMCA@zentation.com
Telephone:
Fax:
Once Zentation receives a proper counter notification from you, we
will reinstate the material. If
Zentation removed or disabled access to your material, and the alleged
infringement applies to a copyright outside of the
*Please take notice that you
may be liable for damages, including costs and reasonable attorney fees, that
arise from your material misrepresentation that the claimed material does not
infringe on another’s copyright(s).
Therefore, we suggest you first contact an attorney to determine that
the material is not infringing on another’s copyright(s).