Privacy Policy
This website and/or its mobile sites and applications (the "Site") are owned and operated by (the "Company"). These terms of use ("Terms of Use") govern your use of this Site. Any purchase of products or services available through this Site is subject to the terms and conditions of purchase ("Terms of Purchase") on the applicable Company website, which is incorporated herein by reference. In addition, your use of this Site is subject to the Privacy Policy, which is incorporated herein by reference.
Throughout the site, the terms "we," "us," and "our" refer to the Company. The Company offers this website, including all information, tools, and services available from this site to you, the user, conditioned upon your acceptance of these Terms of Use. Your continued use of this website constitutes your acceptance of these Terms of Use. If you do not wish to be bound by these Terms of Use, please do not use this website.
PLEASE READ THESE TERMS OF USE CAREFULLY, TOGETHER WITH THE PRIVACY POLICY AND ANY OTHER POLICIES OR AGREEMENTS REFERENCED IN THESE TERMS OF USE, BEFORE USING THE SITE. BY USING THE SITE, YOU AGREE TO THESE TERMS OF USE, INCLUDING, WITHOUT LIMITATION, THE ARBITRATION AGREEMENT AND CLASS ACTION WAIVER DESCRIBED IN THE DISPUTE RESOLUTION SECTION.
Data integrity
You represent that all information, data, and other materials you provide on this Site or otherwise to the Company are true, accurate, current, and complete. You are responsible for updating and correcting the information you provide on this Site as necessary.
Privacy Policy
A copy of the Privacy Policy that applies to the collection, use, disclosure, and other processing of personal information on this website is located at http://www.ZEROZZA.com. You agree that any personal information we receive about you (whether through this website, by email, telephone, or otherwise) will be collected, stored, and otherwise processed in accordance with the terms of the Privacy Policy.
License and Site Access
All content available through this Site (including, but not limited to, text, design, graphics, logos, icons, images, audio clips, downloads, interfaces, code and software, and the selection and arrangement thereof) is the exclusive property of and owned by the Company, its licensors or its content providers and is protected by copyright, trademark and other applicable laws.
The Company grants you a limited license to access and make personal use of this Site. Unless otherwise indicated, you may access, copy, download, and print the content available on this Site for your personal, non-commercial use, provided you do not alter or delete any copyright, trademark, or other proprietary notices that appear in the content. The Company or its licensors or content providers retain full and complete ownership of the content available on the Site, including all related intellectual property rights, and provide such content to you under a license that may be revoked at any time at the Company's sole discretion. The Company strictly prohibits any other use of content available through the Site, including, but not limited to:
any downloading, copying or other use of the Content or the Website for purposes that compete with the Company or for the benefit of another provider or third party;
Caching, unauthorized linking to the Website, or framing of any content available on the Website;
any modification, distribution, transmission, performance, broadcast, publication, uploading, licensing, reverse engineering, transferring or selling any content, products or services obtained from the Site to which you do not have the right, or creating derivative works from it (e.g., the intellectual property of another party);
any uploading, posting or transmitting of any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of a computer;
Use of any hardware or software intended to surreptitiously intercept or otherwise obtain information (such as system data or personal information) from the Website (including, but not limited to, the use of "scraping" or other data mining techniques, robots, or similar data gathering and extraction tools); or
any action that imposes or may impose (in the Company's sole discretion) an unreasonable or disproportionately large load on the Company's infrastructure or damages or interferes with the proper working of our infrastructure.
You are responsible for obtaining access to the Site, and such access may involve third-party fees (such as internet service provider fees or airtime). In addition, you must provide and are responsible for all equipment necessary to access the Site. You may not circumvent any measures implemented to prevent or restrict access to this Site. Any unauthorized access to the Site by you (including any such access or use that in any way involves any account you establish on the Site or any device you use to access the Site) terminates the permission or license granted to you by the Company.
The Company reserves the right to refuse or cancel any person's registration for this Site, to remove any person from this Site, and to prohibit any person from using this Site for any reason, and to limit or terminate your access to or use of the Site at any time without notice. The Company neither warrants nor represents that your use of the content available on this Site will not infringe the rights of third parties not affiliated with the Company. Termination of your access or use will not waive or affect any other rights or relief to which the Company may be entitled at law or in equity.
Content you submit
You acknowledge that you are responsible for all content you submit through the Site, including the legality, reliability, appropriateness, originality, and copyright of such content. You may not submit any content that is confidential, proprietary, invasive of privacy or publicity rights, unlawful, harmful, threatening, false, fraudulent, defamatory, libelous, obscene, vulgar, profane, abusive, harassing, hateful, racially, ethnically, or otherwise objectionable, including, but not limited to, content that encourages conduct that would constitute a criminal offense, violate the rights of any party, or otherwise give rise to civil liability, or otherwise violate any applicable law.
You may not use a false email address or other identifying information, impersonate any person or entity, or otherwise mislead as to the origin of any content.
With respect to all Content that you submit, post, upload, publish, or otherwise make available through the Site (except for personal information, which will be treated in accordance with the Privacy Policy), you grant the Company a perpetual, irrevocable, non-terminable, worldwide, transferable, royalty-free, and non-exclusive license to use, copy, distribute, publicly display, modify, create derivative works from, and sublicense such Content, or any portion of such Content, in any and all media. Such Content will not be treated as such. You hereby represent, warrant, and covenant that: (i) all Content that you provide will not contain anything (including, without limitation, text, images, music, or video) for which you do not have the full right to grant a license to the Company; and (ii) the Company will be free to exercise and/or implement its rights in your Content as it wishes, without seeking any permission or license from any third party and without reference to you or any other person.
Links
This Website may contain links to other websites or resources operated by third parties that are not affiliated with the Company. These links are provided as a convenience and as an additional means of accessing the information contained therein. We are not responsible or liable for any content, advertising, products, or other materials on or available from such websites or resources. The inclusion of links to other websites or resources should not be considered an endorsement of the content of any linked website or resource. Different terms and conditions and privacy policies may apply to your use of linked websites or resources. The Company is not responsible or liable, directly or indirectly, for any damage, loss, or liability caused or alleged to be caused by or in connection with the use of or reliance on any such content, products, or services available on or through any such linked website or resource.
DISCLAIMERS
EXCEPT AS EXPRESSLY PROVIDED OTHERWISE IN THESE TERMS OF USE OR THE TERMS OF SERVICE OR THE PURCHASE TERMS, AND TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, THE COMPANY MAKES NO REPRESENTATIONS, UNDERTAKINGS, OR WARRANTIES AND OFFERS NO OTHER EXPRESS OR IMPLIED CONDITIONS WITH RESPECT TO ANY MATTERS, INCLUDING, WITHOUT LIMITATION, THE MERCHANTABILITY, SUITABILITY, FITNESS FOR A PARTICULAR USE OR PURPOSE, OR NON-INFRINGEMENT OF ANY CONTENT ON THE SITES OR ANY PRODUCTS OR SERVICES PURCHASED THROUGH THE COMPANY SITES, AS WELL AS WARRANTIES ARISING FROM A COURSE OF PERFORMANCE OR COURSE OF DEALING.
YOUR USE OF THIS WEBSITE IS AT YOUR OWN RISK. THE WEBSITE AND THE MATERIALS, INFORMATION, SERVICES, AND PRODUCTS ON THIS WEBSITE ARE PROVIDED "AS IS" AND "AS AVAILABLE." WE RESERVE THE RIGHT TO LIMIT OR TERMINATE YOUR ACCESS TO THE WEBSITE OR ANY FEATURE OR PORTION THEREOF AT ANY TIME. THE COMPANY DISCLAIMS ANY WARRANTY THAT ACCESS TO THE WEBSITE WILL BE UNINTERRUPTED OR ERROR-FREE; THAT THE WEBSITE WILL BE SECURE; THAT THE WEBSITE OR THE SERVER THAT MAKES THE WEBSITE AVAILABLE WILL BE VIRUS-FREE; OR THAT THE WEBSITE WILL BE FREE OF VIRUSES. OR THAT THE INFORMATION ON THE WEBSITE IS CORRECT, ACCURATE, ADEQUATE, USEFUL, TIMELY, RELIABLE, OR OTHERWISE COMPLETE. IF YOU DOWNLOAD ANY CONTENT FROM THIS WEBSITE, YOU DO SO AT YOUR OWN DISCRETION AND RISK. YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH CONTENT. NO ADVICE OR INFORMATION OBTAINED BY YOU FROM THE WEBSITE SHALL CREATE ANY WARRANTY OF ANY KIND.
IN CERTAIN JURISDICTIONS, THE LAW MAY NOT ALLOW THE EXCLUSION OF LIABILITY, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.
LIMITATION OF LIABILITY
YOU ACKNOWLEDGE AND AGREE THAT YOU ASSUME FULL RESPONSIBILITY FOR YOUR USE OF THE WEBSITE, COMMUNICATIONS WITH THIRD PARTIES, AND PURCHASE AND USE OF THE PRODUCTS AND SERVICES AVAILABLE THROUGH THE COMPANY WEBSITES. YOU ACKNOWLEDGE AND AGREE THAT ANY INFORMATION YOU SEND OR RECEIVE DURING YOUR USE OF THE WEBSITE MAY NOT BE SECURE AND MAY BE INTERCEPTED BY UNAUTHORIZED PARTIES. YOU ACKNOWLEDGE AND AGREE THAT YOUR USE OF THE WEBSITE IS AT YOUR OWN RISK AND THAT THE WEBSITE IS PROVIDED TO YOU FREE OF CHARGE. BY DOING SO, YOU ACKNOWLEDGE AND AGREE THAT, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW (INCLUDING, WITHOUT LIMITATION, CONSUMER PROTECTION LAW), NEITHER THE COMPANY NOR ITS LICENSORS, SUPPLIERS, OR THIRD-PARTY CONTENT PROVIDERS (THE "COMPANY PARTIES") SHALL BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, EXEMPLARY, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR OTHER DAMAGES ARISING OUT OF OR IN ANY WAY CONNECTED WITH (1) THIS SITE OR ANY OTHER SITE OR RESOURCES ACCESSED THROUGH A LINK FROM THIS SITE; (2) ANY ACTION WE TAKE OR FAIL TO TAKE AS A RESULT OF ANY COMMUNICATIONS YOU SEND TO US; (3) ANY PRODUCTS OR SERVICES PROVIDED OR PURCHASED THROUGH THE COMPANY WEBSITES, INCLUDING ANY DAMAGES OR INJURY RESULTING FROM THE USE OF SUCH PRODUCTS OR SERVICES (INCLUDING PRODUCT LIABILITY); (4) ANY DELAY OR INABILITY TO USE THE WEBSITE OR ANY INFORMATION, PRODUCTS, OR SERVICES ADVERTISED ON OR OBTAINED THROUGH THE WEBSITE; (5) THE ALTERATION, REMOVAL, OR DELETION OF ANY CONTENT TRANSMITTED TO OR POSTED ON THE SITE; OR (6) ANY USE OF THE SITE, WHETHER BASED ON CONTRACT, TORT, STRICT LIABILITY, PRODUCT LIABILITY, OR OTHERWISE, EVEN IF THE COMPANY PARTIES HAVE BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. IT IS THE USER'S RESPONSIBILITY TO EVALUATE THE ACCURACY, COMPLETENESS, OR USEFULNESS OF ANY OPINION, ADVICE, OR OTHER CONTENT AVAILABLE THROUGH THE SITE OR OBTAINED FROM ANY LINKED SITE OR RESOURCES. THIS DISCLAIMER APPLIES, WITHOUT LIMITATION, TO DAMAGES OR INJURY RESULTING FROM ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECTS, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUSES, FILE CORRUPTION, COMMUNICATIONS LINE FAILURE, NETWORK OR SYSTEM FAILURE, LOSS OF PROFITS BY YOU, OR THEFT, DESTRUCTION, UNAUTHORIZED ACCESS TO, ALTERATION OF, LOSS OF, OR USE OF RECORDS OR DATA, AND ANY OTHER TANGIBLE OR INTANGIBLE LOSSES. YOU EXPRESSLY ACKNOWLEDGE AND AGREE,THAT NEITHER THE COMPANY NOR ITS LICENSORS, SUPPLIERS, OR THIRD-PARTY CONTENT PROVIDERS ARE LIABLE FOR ANY DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY USER OF THE SITE. YOUR REMEDY FOR ANY OF THE ABOVE-MENTIONED CLAIMS OR ANY DISPUTE WITH THE COMPANY IS TO DISCONTINUE USE OF THE SITE.
YOU AND THE COMPANY AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE WEBSITE MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES OR THE CAUSE OF ACTION IS PERMANENTLY BARRED. BECAUSE SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, OR THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU IN WHOLE OR IN PART.
Compensation
You will indemnify and hold the Company Parties harmless from and against all fines, penalties, liabilities, losses, and other damages of any kind (including attorneys' and expert witness fees) incurred by the Company Parties and such parties, and will defend the Company Parties and such parties against all claims arising from (1) your breach of these Terms of Use; (2) your violation of the Purchase Terms; (4) your fraud, willful misconduct, or gross negligence; or (5) your violation of applicable law or the rights of a third party. The Company Parties will control the defense of any claim to which this indemnification applies, and in no event will you settle any claim without the prior written consent of the Company Parties.
Electronic communication
When you use the Site or send emails to the Company, you are communicating with the Company electronically. You agree to receive all communications related to your use of this Site electronically. The Company will communicate with you via email or by posting notices on this Site. You agree that all agreements, notices, disclosures, and other communications provided to you electronically satisfy any legal requirement that such communications be in writing. All notices from the Company intended for receipt by a customer will be deemed delivered and effective when sent to the email address you provide on any of the Company Sites.
Site postings
The Site may offer users the ability to post messages on the Site. The Company has no obligation to review any content (including messages) posted or submitted by users to the Site and assumes no responsibility or liability related to such content. The Company may, at its sole discretion, monitor, refuse to post, or remove any such content.
Trademarks and copyrights
The trademarks, logos, and service marks ("Marks") displayed on the Site are owned by the Company or its licensors or content providers or other parties. Users, or parties acting on their behalf, are prohibited from using any Marks for any purpose, including without limitation, use as meta tags on other pages or sites, without the written consent of the Company or such third party that may own the Marks. You may not frame or utilize framing techniques or technologies to enclose any content contained on the Site without the express written consent of the Company. Furthermore, you may not use any Site Content in meta tags or any other "hidden text" techniques or technologies without the express written consent of the Company. All content (including all software) available on or through the Site is protected by copyright, trademark, and other applicable laws.
Claims for infringement of intellectual property
The Company respects the intellectual property of others, and we ask our users to do the same. You are hereby notified that the Company has adopted and reasonably implemented a policy that provides for the termination, under appropriate circumstances, of Site users who are repeat copyright infringers. If you believe that your work has been copied in a way that constitutes copyright infringement, or your intellectual property rights have been otherwise violated, please provide the Company's Copyright Agent with the following information (to be effective, the notification must be in writing and sent to our Copyright Agent):
an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest;
a description of the copyrighted work or other intellectual property that you claim has 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 a description of where the material that you claim is infringing is located on the Site;
Your address, telephone number and, if applicable, email address;
a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and
a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner's behalf.
The Company's designated agent for notification of claims of copyright or other intellectual property infringement can be reached as follows:
By email:
Copyright Agent
support@ZEROZZA.com
The Company may update this contact information from time to time without notice to you. We will post the current contact information on this website.
Continuation of the conditions after the end of the contract
Notwithstanding any other provision of these Terms of Use or general legal principles, any provision of these Terms of Use that imposes or contemplates continuing obligations on a party shall survive the expiration or termination of these Terms of Use.
Force majeure
The Company shall be excused from performance under these Terms of Use or the Terms of Purchase to the extent that it is prevented or delayed from performing, in whole or in part, due to any event or series of events caused by or resulting from the Company's failure to perform, including but not limited to (1) weather conditions or other natural phenomena or acts of God, (2) acts of war, terrorist acts, insurrection, riots, civil unrest or rebellion, (3) quarantines or embargoes, (4) labor strikes, or (5) other causes beyond the reasonable control of the Company.
Risk of loss
Items purchased through the Site are shipped by a third-party carrier pursuant to a shipping contract. As a result, the risk of loss and title for such items pass to you upon our delivery to the carrier.
Dispute resolution
By using the Site in any way, you unconditionally agree and consent that: (i) any dispute, controversy, difference, or claim arising out of or relating to this Agreement, including the existence, validity, interpretation, performance, breach, or termination thereof, or any dispute relating to non-contractual obligations arising out of or in connection with it, shall be submitted to and finally settled by arbitration under the UNCITRAL Arbitration Rules in force at the time the Notice of Arbitration is filed; (ii) the law of this arbitration clause shall be the laws of the Hong Kong Special Administrative Region of the People's Republic of China ("Hong Kong"); (iii) the place of arbitration shall be Hong Kong; (iv) there shall be one arbitrator appointed by the Hong Kong International Arbitration Centre; and (v) the arbitration shall be conducted in English.
Generally
If any provision of these Terms of Use or the Terms of Purchase is held to be invalid, void, or for any reason unenforceable, the parties agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the unenforceable term shall be deemed severable and shall not affect the validity and enforceability of any remaining provisions of these Terms of Use or the Terms of Purchase. Section headings are for reference purposes only and will not limit the scope or extent of such section. These Terms of Use or the Terms of Purchase and the relationship between you and the Company will be governed by the laws of Hong Kong, to the extent not precluded or inconsistent with federal law, without regard to its conflict of law principles. For any claims not subject to arbitration, we agree to submit to the personal jurisdiction of a court located in Hong Kong.
The Company's failure to act with respect to a breach of these Terms of Use or the Terms of Purchase by you or others does not waive the Company's right to act with respect to subsequent or similar breaches. If any content on this Site or your use of the Site violates the laws of the location where you are located when you access it, the Site is not intended for you, and we ask that you do not use the Site. You are responsible for informing yourself about and complying with the laws of your jurisdiction.
The Company does not guarantee that it will abide by all violations of these Terms of Use or the Terms of Purchase. Except as expressly provided in these Terms of Use or the Terms of Purchase, there are no third-party beneficiaries of these Terms of Use or the Terms of Purchase.
Changes to these Terms of Use
You acknowledge and agree that the Company, at its sole discretion, may modify, add, or remove portions of these Terms of Use at any time and in any manner by posting revised Terms of Use on the Site. You may not modify or change these Terms of Use under any circumstances. It is your responsibility to periodically check for changes we make to the Terms of Use. Your continued use of this Site after any changes to the Terms of Use will constitute your acceptance of the changes.
Assignment
You may not assign these Terms of Use or the Purchase Terms (or any rights, benefits, or obligations hereunder) by operation of law or otherwise without the prior written consent of the Company, which consent may be withheld at the Company's sole discretion. Any attempted assignment inconsistent with these Terms of Use or the Purchase Terms will be null and void. The Company may assign these Terms of Use or the Purchase Terms, in whole or in part, to any third party at its sole discretion.
Entire Agreement and Admissibility
These Terms of Use constitute the entire agreement and understanding between you and the Company with respect to the subject matter hereof and supersede all prior or contemporaneous communications and proposals, whether oral or written, between the parties with respect to such subject matter. For the avoidance of doubt, these Terms of Use apply only to the extent permitted by law.
In some cases, both these Terms of Use and a separate document containing additional terms may apply to a service or product offered through this Site ("Additional Terms"). To the extent there is a conflict between these Terms of Use and any Additional Terms, the Additional Terms will prevail unless the Additional Terms expressly provide otherwise.
A printed version of these Terms of Use will be admissible in judicial or administrative proceedings based on or relating to the use of this website to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.
How to contact us
If you have any questions or comments about these Terms of Use or this Site, please contact the Legal Department by email at support@ZEROZZA.com.