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.
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 firstname.lastname@example.org.
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.
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.
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.
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.
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.
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
Agreement is governed by and shall be construed in accordance with the laws of
the State of
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
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.
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
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:
Attn: Karl Siegert, Director
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).