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ACCEPTANCE OF TERMS
Welcome to ZARZAND, Inc. (ZARZAND). ZARZAND is providing a web site at www.ZARZAND.com (the “Site”) which offers thoughtful and thought-provoking discussion on a vast number of issues surrounding the topic of intimacy. We are not here to teach, to coach or to offer medical advice. We are here to offer practical, down-to-earth strategies. This User Agreement (“User Agreement”) applies to the ZARZAND Site and related services owned or operated by ZARZAND, Inc. (“Service” or “Services”). The User Agreement applies to each visitor to and user of the Services, including registered and unregistered users (“Users”). Please read this User Agreement in its entirety. By using the ZARZAND Services, you acknowledge that you have read the terms and conditions of use and that you accept the terms of this User Agreement. YOU AGREE TO READ THESE TERMS AND CONDITIONS OF USE CAREFULLY BEFORE USING THE ZARZAND SITE. If you do not agree to these terms and conditions of use, you may not access or otherwise use the ZARZAND Site and should use your browser’s “back” button to exit the ZARZAND Site.
USE OF THE SERVICES
The material that appears on the ZARZAND Site is for informational purposes only. Despite our efforts to provide useful and accurate information, errors may appear from time to time. Before you act on information you’ve found on our Site, you should confirm any facts that are important to your decision. ZARZAND is not responsible for, and cannot guarantee the performance of, any products provided on our Site or by the sites we may link. A link to another web site does not constitute an endorsement of that site (nor of any product, service or other material offered on that site) by ZARZAND.
We may change, suspend or discontinue any aspect of the ZARZAND Site at any time, including the availability of any ZARZAND Site feature, database, or content. ZARZAND may also impose limits on certain features and services or restrict your access to parts or all of the ZARZAND Site without notice or liability. We reserve the right to make changes, corrections, and improvements to the ZARZAND Site, and to the products and content described in the site, at any time without notice.
We invite you to send in your questions or comments about ZARZAND, or to bring to our attention any material you believe to be inaccurate. Please send such comments, including a copy of any material you wish to discuss, to Information@ZARZAND.com.
We cannot always anticipate technical or other operational difficulties which may result in loss of data, personalization settings or other service interruptions. For this reason, you agree that the Services, including the services of our third-party service providers, are provided “AS IS” and AS AVAILABLE. See Disclaimer Section below. Neither ZARZAND nor our third-party service providers assume responsibility for the timeliness, deletion, mis-delivery or failure to store any data, communications or personalization settings.
You represent, warrant and covenant that; (a) you shall not upload, post or transmit to or distribute or otherwise publish through the ZARZAND Site any materials which (i) restrict or inhibit any other user from using and enjoying the ZARZAND Site, (ii) are unlawful, threatening, abusive, libelous, defamatory, obscene, vulgar, offensive, pornographic, profane, sexually explicit or indecent, (iii) constitute or encourage conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate law, (iv) violate, plagiarize or infringe the rights of third parties including, without limitation, copyright, trademark, patent, rights of privacy or publicity or any other proprietary right, (v) contain a virus or other harmful component, (vi) contain any information, software or other material of a commercial nature, (vii) contain advertising of any kind, or (viii) constitute or contain false or misleading indications of origin or statements of fact; and (b) that you are at least eighteen (18) years old.
We at ZARZAND do our best to ensure that information we post to this site is both timely and accurate. But the information changes over time and research that was accurate when posted may be superseded by more recent research. We do not go back and change the original report(s) to reflect new developments.
The ZARZAND Site may contain inaccuracies or typographical errors or omissions. We regret any such errors, but will not be bound by any such errors. We do not represent or endorse the accuracy or reliability of any advice, opinion, statement, or other information displayed or distributed through the ZARZAND Site. You acknowledge that any reliance upon any such opinion, advice, statement, memorandum, or information shall be at your sole risk. We reserve the right, in our sole discretion, to correct any errors or omissions in any portion of the ZARZAND Site. You agree not to use the Services for illegal purposes or for the transmission of material that is unlawful, harassing, libelous, invasive of another’s property, abusive, threatening, or obscene, or that infringes the copyright or other intellectual property rights of others.
You agree not to engage in any of the following: (i) use any automated means, including without limitation, agents, robots, scripts, or spiders, to access, monitor, data scrape, copy or transfer any part of the Services or the registration data or other data of any User (whether individually or in the aggregate).
You are solely responsible for all User Content (as defined in the next sentence) that you upload, post, email, transmit or otherwise make available on our through the Services (collectively, “Post”). “User Content” means User-posted content or information of any type or medium, including but not limited to: letters, emails or other messages; other forms of communication through the Services; personal User information; board posts; reader reviews; blogs; testimonials; images; audio or video files; and software. You may Post only User Content which you own, have created or which you have clear permission to Post. You acknowledge and agree that ZARZAND does not endorse any User Content and is not responsible or liable for any User Content, even though it may be unlawful, harassing, libelous, privacy invading, abusive, threatening, harmful, vulgar, obscene, or otherwise, or may infringe upon the intellectual property or other rights of another. You acknowledge that ZARZAND does not pre-screen User Content, and has no obligation to do so, but that ZARZAND and its designees will have the right (but not the obligation) in their sole discretion to refuse, edit, move or remove any User Content that is posted on or through the Services.
By posting messages, uploading files, inputting data or engaging in any other form of communication (individually or collectively “Communications”) to the ZARZAND Site, you hereby grant to ZARZAND a perpetual, worldwide, irrevocable, unrestricted, non-exclusive, royalty free license to use, copy, license, sublicense, adapt, distribute, display, publicly perform, reproduce, transmit, modify, edit and otherwise exploit such Communications, in an media now known or hereafter developed. You hereby waive all rights to any claim against ZARZAND and its owners, officers, employees, partners and licensors for any alleged or actual infringements of any proprietary rights, rights of privacy and publicity, moral rights, and rights of attribution in connection with such Communications. You also agree to indemnify, release and hold ZARZAND and its owners, officers, employees, partners and licensors, harmless against any claims or costs, including attorneys’ fees, arising from the use or distribution of those materials. You further grant ZARZAND and its owners, officers, employees, partners and licensors the right to use your name in connection with the reproduction or distribution of such material.
You acknowledge that transmissions to and from this ZARZAND Site are not confidential and your Communications may be read or intercepted by others. You acknowledge that by submitting Communications to ZARZAND, no confidential, fiduciary, contractually implied or other relationship is created between you and ZARZAND other than pursuant to this User Agreement.
TThe Services are not directed to children under the age of 13. ZARZAND will not knowingly collect personally identifiable information on or through the Services from anyone under 13. Please be aware that certain areas on the Services contain mature content and there may be posted specific age restrictions to access and view such areas. You may be exposed to content on the Services that you find offensive, indecent or objectionable. By using the Services you assume all risk associated with its use. We encourage parents to supervise their children’s use of the Services and maintain open communications regarding appropriate materials for use and viewing by their children. Note to Parents: If you have any concerns about the Services, please contact us via email at [ ]. Much of our content is appropriate for sharing with your children but we ask that you use your own discretion in making that determination.
THIRD PARTY INFORMATION AND LINKS
The Services may provide you with links or opportunities to use certain sites, services, products, applications or content offered by or through ZARZAND’s third-party providers, including but not limited to advertisers, content and ecommerce providers (collectively “Third-Party Services”). Your use of any Third-Party Services is subject to any terms of service or conditions of use associated with the Third-Party Services. ZARZAND does not control Third-Party Services and is not responsible for any Third-Party Services or for the contents thereof, including, without limitation, any links that may be contained in or accessible through Third-Party Services. ZARZAND does not endorse any Third-Party Services or any products, content or communications linked to or accessible from the Services. You agree you are wholly responsible for making your own independent judgment regarding your use or interaction with Third-Party Services. Any material or third party software downloaded through or for the use of the Services is done at your own discretion and risk, and ZARZAND will not be responsible in any way for any damage to your computer system or loss of data that results from the download of any such material.
INTELLECTUAL PROPERTY RIGHTS
Notice. If you are an owner of intellectual property who believes your intellectual property has been improperly posted or distributed via our Site, please notify us by sending a notice by U.S. Mail to ZARZAND Inc., P.O. Box 6028, Beaverton, OR 97007.
Ownership. Although we make the ZARZAND Site freely accessible, we don’t intend to give up our rights, or anyone else’s rights, to the materials appearing on the Site. The materials available through the ZARZAND Site are the property of ZARZAND, or its licensors, and are protected by copyright, trademark and other intellectual property laws. You are free to display and print for your personal, non-commercial use information you receive through the ZARZAND Site, but you may not otherwise reproduce any of the materials without the prior written consent of the owner. You may not distribute copies of materials found on the ZARZAND Site in any form (including by e-mail or other electronic means), without prior written permission from the owner. You are free to encourage others to access the information themselves on the ZARZAND Site and to tell them how to find it. Requests for permission to reproduce or distribute materials found on the ZARZAND Site should be sent to ZARZAND Inc, PO Box 6028, Beaverton Oregon 97007.
Links. We welcome links to our service. You are free to establish a hypertext link to this site so long as the link does not state or imply any sponsorship of your site by ZARZAND. No Framing. Without the prior written permission of ZARZAND, you may not frame any of the content located on the ZARZAND Site, or incorporate into another web site or other service any intellectual property of ZARZAND or any of its licensors. Requests for permission to frame ZARZAND content may be sent to ZARZAND Inc, PO Box 6028, Beaverton, Oregon 97007.
Trademarks. We do not want anyone to be confused as to which materials and services are provided by ZARZAND and which are not. You may not use any trademark or service mark appearing on the ZARZAND Site without the prior written consent of the owner of the mark. ZARZAND, WHERE SENSE AND SENSUALITY MEET, and VALUING CREATIVE HEALTHY AND THOUGHTFUL INTIMACY, including any associated logos are trademarks of ZARZAND, Inc.
Copyrights. We respect the rights of all copyright holders, and in this regard, ZARZAND has adopted and implemented a policy that provides for the termination in appropriate circumstances of subscribers and account holders who infringe the rights of copyright holders. If you believe that your work has been copied in a way that constitutes copyright infringement, please provide ZARZAND the following information required by the Online Copyright Infringement Liability Limitation Act of the Digital Millennium Copyright Act, 17 U.S.C. Section 512:
- A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
- Identification of the copyright work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
- Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material;
- Information reasonably sufficient to permit us to contact the complaining party;
- A statement that the complaining party has a good-faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
- A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
ZARZAND’s designated agent for notice of claims of copyright or other intellectual property infringement can be reached at ZARZAND Inc, PO Box 6028, Beaverton, Oregon 97007.