1. Introduction and Basic Provisions A.2. Ziggedy Accounts
website (the "Ziggedy Website
") is owned and operated by Ziggedy LLC, a California limited liability company ("Ziggedy
"). By using or visiting the Ziggedy Website or any products, software, links, data feeds, or services provided to you on, from, or through the Ziggedy Website (collectively, the "Service
") you signify your agreement to (1) these terms and conditions (the "Terms and Conditions
These Terms and Conditions apply to all users of the Service, including users who are also contributors of Content on the Ziggedy Website. "Content
" includes the text, software, scripts, graphics, photos, sounds, music, videos, audiovisual combinations, interactive features and other materials you may view on, access through, or contribute to the Ziggedy Website. The Service includes all aspects of the Ziggedy Website, including but not limited to all products, software and services displayed, reviewed, promoted or offered via the Ziggedy Website.D.
3. General Use Provisions
A. In order to access some features of the Service, you will have to create a Ziggedy account. You may never use another's Ziggedy account without permission. When creating your Ziggedy account, you must provide accurate and complete information. You are solely responsible for the activity that occurs on your Ziggedy account, and you must keep your Ziggedy account password secure. You must notify Ziggedy immediately of any breach of security or unauthorized use of your Ziggedy account.
B. Although Ziggedy will not be liable for your losses caused by any unauthorized use of your account, you may be liable for the losses of Ziggedy or others due to such unauthorized use.
Ziggedy grants you permission to access and use the Service as set forth in these Terms and Conditions, provided that:
4. Content Use
A. You agree not to distribute in any medium any part of the Service or the Content without Ziggedy's prior written authorization, unless Ziggedy makes available the means for such distribution through functionality offered on the Ziggedy Website.
B. You agree not to alter or modify any part of the Service.
C. You agree not to access Content through any technology or means other than through methods provided on the Ziggedy Website or other explicitly authorized means Ziggedy may designate.
D. You agree not to use the Service for any of the following commercial uses unless you obtain Ziggedy's prior written approval:
- the sale of access to the Service;
- the sale of advertising, sponsorships, or promotions placed on or within the Service or Content; or
- the sale of advertising, sponsorships, or promotions on any page of an ad-enabled blog or website containing Content delivered via the Service, unless other material not obtained from the Ziggedy Website appears on the same page and is of sufficient value to be the basis for such sales.
Prohibited commercial uses do not include any use that Ziggedy expressly authorizes in writing.F.
You agree not to use or launch any automated system, including without limitation, "robots," "spiders," or "offline readers," that accesses the Service in a manner that sends more request messages to the servers for the Ziggedy Website 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, Ziggedy 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. Ziggedy 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 Service, nor to use any communication systems provided by the Service (e.g., comments, email) for any commercial solicitation purposes.G.
In your use of the Service, you will comply with all applicable laws, rules and regulations.H.
Ziggedy reserves the right to discontinue any aspect of the Service at any time.
In addition to the general restrictions above, the following restrictions and conditions apply specifically to your use of Content.
5. Your Content and Conduct
A. The Content on the Ziggedy Website, including the trademarks, service marks and logos on the Ziggedy Website, are owned by or licensed to Ziggedy (or are otherwise permitted to be displayed on the Ziggedy Website), and are subject to trademark rights, copyrights and other intellectual property rights under the law.
B. Content is provided to you AS IS. You may access Content for your information and personal use solely as intended through the provided functionality of the Service and as permitted under these Terms and Conditions. You may not download any Content unless you see a "download" or similar link displayed on the Ziggedy Website for that Content. You may not copy, reproduce, distribute, transmit, broadcast, display, sell, license, or otherwise exploit any Content for any other purposes without the prior written consent of Ziggedy or the respective licensors of the Content. Ziggedy and its licensors reserve all rights not expressly granted in and to the Service and the Content.
C. You agree not to circumvent, disable or otherwise interfere with security-related features of the Service or features that prevent or restrict use or copying of any Content or enforce limitations on use of the Service or the Content therein.
D. You understand that when using the Service, you will be exposed to Content from a variety of sources, and that Ziggedy is not responsible for the accuracy, usefulness, safety, or intellectual property rights of or relating to such Content. You further understand and acknowledge that you may be exposed to Content that is inaccurate, offensive, indecent, or objectionable, and you agree to waive, and hereby do waive, any legal or equitable rights or remedies you have or may have against Ziggedy with respect thereto, and, to the extent permitted by applicable law, agree to indemnify and hold harmless Ziggedy, its owners, operators, affiliates, licensors, and licensees to the fullest extent allowed by law regarding all matters related to your use of the Service.
6. Charitable Donations
A. As a Ziggedy account holder you may submit Content to the Service, including text, images and user comments. You understand that Ziggedy does not guarantee any confidentiality with respect to any Content you submit.
B. You shall be solely responsible for your own Content and the consequences of submitting and publishing your Content on the Ziggedy Website. You agree not to upload any pornographic or obscene content onto the Ziggecy Website. You affirm, represent, and warrant that you own or have the necessary licenses, rights, consents, and permissions to publish Content you submit; and you license to Ziggedy all patent, trademark, trade secret, copyright or other proprietary rights in and to such Content for publication on the Service pursuant to these Terms and Conditions.
C. For clarity, you retain all of your ownership rights in your Content. However, by submitting Content to the Ziggedy Website, you hereby grant Ziggedy a worldwide, non-exclusive, royalty-free, sublicenseable and transferable license to use, reproduce, distribute, prepare derivative works of, display, and perform the Content in connection with the Service and Ziggedy's (and its successors' and affiliates') business, including without limitation for promoting and redistributing part or all of the Service (and derivative works thereof) in any media formats and through any media channels. You also hereby grant each user of the Service a non-exclusive license to access your Content through the Service, and to use, reproduce, distribute, display and perform such Content as permitted through the functionality of the Service and pursuant to these Terms and Conditions. The above licenses granted by you in any video or image Content you submit to the Service terminate within a commercially reasonable time after you remove or delete your videos or images from the Service. You understand and agree, however, that Ziggedy may retain, but not display, distribute, or perform, server copies of your videos and images that have been removed or deleted. The above licenses granted by you in user comments or other text you submit are perpetual and irrevocable.
D. You further agree that Content you submit to the Service will not contain third party copyrighted material, or material that is subject to other third party proprietary rights, unless you have permission from the rightful owner of the material or you are otherwise legally entitled to post the material and to grant Ziggedy all of the license rights granted herein.
E. You further agree that you will not submit to the Service any Content contrary to or in violation of any applicable laws, rules or regulations of any jurisdiction.
F. Ziggedy does not endorse any Content submitted to the Service by any user or other licensor, or any opinion, recommendation, or advice expressed therein, and Ziggedy expressly disclaims any and all liability in connection with Content. Ziggedy does not permit copyright infringing activities or any infringement of intellectual property rights on the Ziggedy Website, and Ziggedy will remove all Content if properly notified that such Content infringes on another's intellectual property rights and Ziggedy, at its discretion, determines (or reasonably suspects) that such content infringes (or likely infringes) on intellectual property rights. Ziggedy reserves the right to remove Content without prior notice.
7. Account Termination Policy
A. The Ziggedy Website is designed to allow a user with a Ziggedy account to request that a portion of the proceeds (if any) received by Ziggedy from any transactions by that user purchasing any goods or services via the Ziggedy Website be donated to a non profit organization or a for profit school selected by that user. Ziggedy's policy is to make such donations only to either: (i) for profit schools; or (ii) non profit organizations that are listed by the United States Internal Revenue Service as an organization that may receive tax-deductible donations pursuant to U.S. law. While Ziggedy will take efforts to verify that any organization to which it makes any donations pursuant to a user's request is one of such aforementioned types of organization, Ziggedy does not provide any tax advice, does not make any recommendations or provide any assurances regarding any non profit organization or for profit school and cannot guaranty that any particular donation is tax deductible under the laws, rules or regulations of the United States or any other jurisdiction.
B. Each user of the Ziggedy Website is solely responsible for making his, her or its own determinations and decisions regarding any matters related to donations and whether any such donations are tax-deductible under the laws, rules or regulations of the United States or any other jurisdiction. Any donation made by Ziggedy out of funds that belong to Ziggedy may be tax-deductible for Ziggedy, but any such donation is not tax-deductible to any Ziggedy account holder who requested such donation to be made by Ziggedy.
C. Ziggedy will not make a donation: (i) to any organization that Ziggedy cannot, to its reasonable satisfaction, determine appears to be either (A) a for profit school or (B) an entity eligible to receive tax-deductible donations pursuant to the laws of the United States; (ii) to any organization that Ziggedy determines, in its reasonable discretion, is involved or likely involved in illegal or otherwise inappropriate activities that could expose Ziggedy or any other party to any form of harm or damage; or (iii) that Ziggedy determines or reasonably suspects, in its reasonable discretion, would violate any applicable laws, rules or regulations (including, but not limited to, any laws, rules or regulations prohibiting transferring funds to certain individuals, organizations or geographic areas). If any user requests (pursuant to the applicable terms and conditions of the Ziggedy Website) that a donation be made to an organization that Ziggedy determines, pursuant to this Section 6.C., cannot or should not receive a donation, Ziggedy will instead donate the amount that would have otherwise been donated by Ziggedy to such requested organization to another non profit organization or for profit school selected by Ziggedy at its sole discretion.
D. A donation by Ziggedy to any particular non profit organization or for profit school must in the amount of at least $100.00 before it is made. If any requested donation is less than that minimum amount, the requested donation will, at Ziggedy's discretion, be retained by Ziggedy until the total requested donations to that same organization exceed that minimum amount (at which time the donation will be made if Ziggedy has received payment of the funds from which the requested donations are to be made) or donated to another non profit organization or for profit school selected by Ziggedy at its sole discretion.
8. Digital Millennium Copyright Act
A. Ziggedy will terminate a user's access to the Service if the user is determined by Ziggedy to be a repeat infringer of intellectual property rights or otherwise a repeat violator of these Terms and Conditions.
B. Ziggedy reserves the right to decide whether Content violates these Terms and Conditions for reasons other than copyright infringement, such as, but not limited to, pornography, obscenity, or excessive length. Ziggedy may at any time, without prior notice and in its sole discretion, remove such Content and/or terminate a user's Ziggedy account for submitting such material in violation of these Terms and Conditions.
A.9. Warranty Disclaimer
If you are a copyright owner or an agent thereof and believe that any Content infringes upon your copyrights, you may submit a notification pursuant to the Digital Millennium Copyright Act ("DMCA") by providing our Copyright Agent with the following information in writing (see 17 U.S.C 512(c)(3) for further detail):
- 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 copyrighted 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 the service provider to locate the material;
- Information reasonably sufficient to permit the service provider to contact you, such as an address, telephone number, and, if available, an e-mail address;
- A statement that you have 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 you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
Ziggedy's designated Copyright Agent to receive notifications of claimed infringement is Ziggedy Copyright Agent, 600 Anton Blvd, Costa Mesa, CA 92626 email: firstname.lastname@example.org
; fax: 714-795-2995. For clarity, only DMCA notices should go to the Copyright Agent. Any other feedback, comments, requests for technical support, and other communications should be directed to Ziggedy customer service through email@example.com. You acknowledge that if you fail to comply with all of the requirements of this Section 8.A., your DMCA notice may not be valid.B.
Counter-Notice. If you believe that your Content that was removed (or to which access was disabled) is not infringing, or that you have authorization from the copyright owner, the copyright owner's agent, or pursuant to the law, to post and use the material in your Content, you may send a counter-notice containing the following information to the Copyright Agent:
- Your physical or electronic signature;
- Identification of the Content that has been removed or to which access has been disabled and the location at which the Content appeared before it was removed or disabled;
- A statement that you have a good faith belief that the Content was removed or disabled as a result of mistake or a misidentification of the Content; and
- Your name, address, telephone number, and e-mail address, a statement that you consent to the jurisdiction of the state and federal courts in Orange County, California, and a statement that you will accept service of process from the person who provided notification of the alleged infringement.
If a counter-notice is received by the Copyright Agent, Ziggedy may send a copy of the counter-notice to the original complaining party informing that party that Ziggedy may replace the removed Content or cease disabling it. Unless the copyright owner files an action seeking a court order against the Content provider or user, the removed Content may be replaced, or access to it restored, after receipt of the counter-notice, at Ziggedy's sole discretion.
YOU AGREE THAT YOUR USE OF THE SERVICES SHALL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, ZIGGEDY, ITS MANAGERS, OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE SERVICES AND YOUR USE THEREOF. ZIGGEDY 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 ANY OF THE SERVICES, (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 SERVICES, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH OUR SERVICES 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 SERVICES. ZIGGEDY DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE PROMOTED, ADVERTISED OR OFFERED THROUGH THE SERVICES OR ANY HYPERLINKED SERVICES OR FEATURED IN ANY BANNER OR OTHER ADVERTISING. ZIGGEDY SPECIFICALLY DISCLAIMS ANY AND ALL WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE. ZIGGEDY WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND ANY THIRD-PARTY PROVIDERS OF ANY 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.10. Limitation of Liability
IN NO EVENT SHALL ZIGGEDY, ITS MANAGERS, 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 OR USE OF OUR SERVICES, (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 SERVICES, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH OUR SERVICES 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 SERVICES, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT ZIGGEDY 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 ZIGGEDY SHALL NOT BE LIABLE FOR CONTENT 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 Service is controlled and offered by Ziggedy from its facilities in the United States of America. Ziggedy makes no representations that the Service is appropriate or available for use in other locations. Those who access or use the Service from other jurisdictions do so at their own volition and are responsible for compliance with local law.11. Indemnity
To the fullest extent permitted by applicable law, you agree to defend, indemnify and hold harmless Ziggedy, and its managers, 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 Service; (ii) your violation of any term of these Terms and Conditions; (iii) your violation of any third party right, including without limitation any copyright, property, or privacy right; or (iv) any claim that your Content caused damage to a third party. This defense and indemnification obligation will survive these Terms and Conditions and your use of the Service.12. Ability to Accept Terms and Conditions
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 and Conditions, and to abide by and comply with these Terms and Conditions. In any case, you affirm that you are over the age of 13, as the Service is not intended for children under 13. If you are under 13 years of age, then please do not use the Service. There are lots of other great web sites for you. Talk to your parents about what sites are appropriate for you.13. Assignment
These Terms and Conditions, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by Ziggedy without restriction.14. General
You agree that: (i) the Service shall be deemed solely based in California; and (ii) the Service shall be deemed a passive website that does not give rise to personal jurisdiction over Ziggedy, either specific or general, in jurisdictions other than California. These Terms and Conditions shall be governed by the internal laws of the State of California, regardless of any conflict of laws or choice of law provisions of any jurisdiction. Any claim or dispute between you and Ziggedy that arises in whole or in part from the Service or any access to or use of the Ziggedy Website shall be decided exclusively by a court of competent jurisdiction located in Orange County, California. These Terms and Conditions, together with the Privacy Notice at www.ziggedy.com/privacy
and any other legal notices published by Ziggedy on the Ziggedy Website, shall constitute the entire agreement between you and Ziggedy concerning the Service and any access to or use of the Ziggedy Website. If any provision of these Terms and Conditions 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 and Conditions, which shall remain in full force and effect. No waiver of any term of this these Terms and Conditions shall be deemed a further or continuing waiver of such term or any other term. Nothing in these Terms and Conditions confers any third-party rights or benefits. Any failure by Ziggedy to assert any right or provision under these Terms and Conditions shall not constitute a waiver of such right or provision. Ziggedy reserves the right to amend these Terms and Conditions at any time and without notice, and it is your responsibility to review these Terms and Conditions for any changes. Your use of the Service or access to or use of the Ziggedy Website following any amendment of these Terms and Conditions will signify your assent to and acceptance of its revised terms. As used in these Terms and Conditions, unless the context expressly indicates otherwise, the word "or" is inclusive and means "and/or" and the word "including" (or any variation of that word) means "including without limitation" (or a phrase of equivalent meaning). YOU AND ZIGGEDY AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE SERVICES OR ANY ACCESS TO OR USE OF THE ZIGGEDY WEBSITE MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.