"The Zibit" provides a network of public screens on which any user can upload messages, notices, advertisements, announcements, or promotions of virtually any thought, idea, event, product, or service (hereafter "the Service") subject to the following terms. The Zibit reserves the right to change, modify or otherwise alter these terms and conditions at any time.
(A) I understand that everything I upload and/or post on the Service (hereafter "the Content") is the sole responsibility of the person from whom such content originated. The Zibit does not control, and is not responsible for Content made available through the Service. Under no circumstances will The Zibit be liable in any way for any Content or for any loss or damage of any kind incurred as a result of the use of any Content posted, emailed or otherwise made available via the Service.
(B) I understand that The Zibit has the right (but not obligation) to refuse, delete or move any Content for violating the letter or spirit of this agreement, or for any other reason. Furthermore, The Zibit, in its sole discretion, has the right (but not the obligation) to block my email or IP address, or otherwise terminate my access to or use of the Service (or any part thereof), immediately and without notice, and remove and discard any Content within the Service, for any reason, including, without limitation, if The Zibit believes that I have acted inconsistently with the letter or spirit of the TOU. Further, I agree that The Zibit shall not be liable to me or any third-party for any termination of my access to the Service. Further, I agree not to attempt to use the Service after said termination.
(C) I understand that the Service may refer me to events, web sites, products, organizations, and other content which is completely independent of The Zibit. My interactions with organizations and/or individuals found on or through the Service are solely between myself and such organizations and/or individuals. I agree that The Zibit shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings. If there is a dispute between participants on this site, or between users and any third party, I understand and agree that The Zibit is under no obligation to become involved. In the event that I have a dispute with one or more other users, I hereby release The Zibit, its officers, employees, agents and successors in rights from claims, demands and damages (actual and consequential) of every kind or nature, known or unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way related to such disputes and / or their service. If I am a California resident, I waive California Civil Code Section 1542, which says: "A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which, if known by him must have materially affected his settlement with the debtor."
(D) I agree not to post Content that infringes any patent, trademark, copyright or other proprietary rights of any party. I agree not to post Content that is unlawful, harmful, hateful, threatening, pornographic, abusive, false, deceptive, misleading, deceitful, harassing, defamatory, libelous, or invasive of another's privacy.
(E) I agree not to disrupt the normal flow of business with excessive Content (flooding attack), or do anything that otherwise negatively affects other users' ability to use the Service.
(F) I agree not to post non-local or otherwise irrelevant Content, nor will I post the same item or service in more than one metropolitan area.
(G) I understand that all fees paid will be non-refundable in the event that Content is removed from the Service for violating the TOU.
(H) I understand that The Zibit may establish limits concerning use of the Service, including the maximum number of days that Content will be retained by the Service, the maximum number and size of the Content, the frequency with which I may access the Service. I agree that The Zibit has no responsibility or liability for the deletion or failure to store any Content maintained or transmitted by the Service. I understand that The Zibit reserves the right at any time to modify or discontinue the Service (or any part thereof) with or without notice, and that The Zibit is not liable to me or to any third party for any modification, suspension or discontinuance of the Service.
(I) The Zibit grants me a limited, revocable, nonexclusive license to access the Service for my own personal use. This license does not include: (a) access to the Service by Posting Agents; or (b) any collection, aggregation, copying, duplication, display or derivative use of the Service nor any use of data mining, robots, spiders, or similar data gathering and extraction tools for any purpose unless expressly permitted by The Zibit. A limited exception to (b) is provided to general purpose internet search engines and non-commercial public archives that use such tools to gather information for the sole purpose of displaying hyperlinks to the Service. "General purpose internet search engine" does not include a website or search engine or other service that specializes in classified listings or in any subset of classifieds listings such as jobs, housing, for sale, services, or personals, or which is in the business of providing classified ad listing services.
The Zibit permits me to display on my website, or create a hyperlink on my website to, individual postings on the Service so long as such use is for noncommercial and/or news reporting purposes only (e.g., for use in personal web blogs or personal online media). If the total number of such postings displayed or linked to on my website exceeds one hundred (100) postings, my use will be presumed to be in violation of the TOU, absent express permission granted by The Zibit to do so. I may also create a hyperlink to the home page of The Zibit sites so long as the link does not portray The Zibit, its employees, or its affiliates in a false, misleading, derogatory, or otherwise offensive matter.
In order to collect, aggregate, copy, duplicate, display or make derivative use of the Service or any Content made available via the Service for other purposes (including commercial purposes) not stated herein, I must first obtain a license from The Zibit.
(J) Content displayed on or through the Service is protected by copyright as a collective work and/or compilation, pursuant to copyrights laws, and international conventions. Any reproduction, modification, creation of derivative works from or redistribution of the site or the collective work, and/or copying or reproducing the sites or any portion thereof to any other server or location for further reproduction or redistribution is prohibited without the express written consent of The Zibit. I further agree not to reproduce, duplicate or copy Content from the Service without the express written consent of authorized representative of The Zibit, and agree to abide by any and all copyright notices displayed on the Service.
(K) I may not decompile or disassemble, reverse engineer or otherwise attempt to discover any source code contained in the Service. Without limiting the foregoing, I agree not to reproduce, duplicate, copy, sell, resell or exploit for any commercial purposes, any aspect of the Service.
(L) Although The Zibit does not claim ownership of content that its users post, by posting Content to any public area of the Service, I automatically grant, and I represent and warrant that I have the right to grant, to The Zibit an irrevocable, perpetual, non-exclusive, fully paid, worldwide license to use, copy, perform, display, and distribute said Content and to prepare derivative works of, or incorporate into other works, said Content, and to grant and authorize sublicenses (through multiple tiers) of the foregoing. Furthermore, by posting Content to any public area of the Service, I automatically grant The Zibit all rights necessary to prohibit any subsequent aggregation, display, copying, duplication, reproduction, or exploitation of the Content on the Service by any party for any purpose.
(M) I AGREE THAT USE OF THE ZIBIT SITE AND THE SERVICE IS ENTIRELY AT MY OWN RISK. THE ZIBIT SITE AND THE SERVICE ARE PROVIDED ON AN "AS IS" OR "AS AVAILABLE" BASIS, WITHOUT ANY WARRANTIES OF ANY KIND. ALL EXPRESS AND IMPLIED WARRANTIES, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS ARE EXPRESSLY DISCLAIMED TO THE FULLEST EXTENT PERMITTED BY LAW. TO THE FULLEST EXTENT PERMITTED BY LAW, THE ZIBIT, ITS OFFICERS, OWNERS AND EMPLOYEES DISCLAIM ANY WARRANTIES FOR THE SECURITY, RELIABILITY, TIMELINESS, ACCURACY, AND PERFORMANCE OF THE ZIBIT SITE AND THE SERVICE.
TO THE FULLEST EXTENT PERMITTED BY LAW, THE ZIBIT DISCLAIMS ANY WARRANTIES FOR OTHER SERVICES OR GOODS RECEIVED THROUGH OR ADVERTISED ON THE ZIBIT SITE OR THE SITES OR SERVICE, OR ACCESSED THROUGH ANY LINKS ON THE ZIBIT SITE.
TO THE FULLEST EXTENT PERMITTED BY LAW, THE ZIBIT DISCLAIMS ANY WARRANTIES FOR VIRUSES OR OTHER HARMFUL COMPONENTS IN CONNECTION WITH THE ZIBIT SITE OR THE SERVICE.
(N) UNDER NO CIRCUMSTANCES SHALL THE ZIBIT BE LIABLE FOR DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES (EVEN IF THE ZIBIT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM ANY ASPECT OF MY USE OF THE ZIBIT SITE OR THE SERVICE, WHETHER THE DAMAGES ARISE FROM USE OR MISUSE OF THE ZIBIT SITE OR THE SERVICE, FROM INABILITY TO USE THE ZIBIT SITE OR THE SERVICE, OR THE INTERRUPTION, SUSPENSION, MODIFICATION, ALTERATION, OR TERMINATION OF THE ZIBIT SITE OR THE SERVICE.
SUCH LIMITATION SHALL ALSO APPLY WITH RESPECT TO DAMAGES INCURRED BY REASON OF OTHER SERVICES OR PRODUCTS RECEIVED THROUGH OR ADVERTISED IN CONNECTION WITH THE ZIBIT SITE OR THE SERVICE OR ANY LINKS ON THE ZIBIT SITE, AS WELL AS BY REASON OF ANY INFORMATION OR ADVICE RECEIVED THROUGH OR ADVERTISED IN CONNECTION WITH THE ZIBIT SITE OR THE SERVICE OR ANY LINKS ON THE ZIBIT SITE.
THESE LIMITATIONS SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW.
(O) I agree to indemnify and hold The Zibit, its officers, subsidiaries, affiliates, successors, assigns, directors, officers, agents, service providers, suppliers and employees, harmless from any claim or demand, including reasonable attorney fees and court costs, made by any third party due to or arising out of Content I submit, post or make available through the Service, my use of the Service, my violation of the TOU, my breach of any of the representations and warranties herein, or my violation of any rights of another.
(P) The TOU constitutes the entire agreement between The Zibit and me and governs my use of the Service, superseding any prior agreements between The Zibit and me. The TOU and the relationship between The Zibit and me shall be governed by the laws of the State of Washington without regard to its conflict of law provisions. The Zibit and I agree to submit to the personal and exclusive jurisdiction of the courts located within the city of Seattle, Washington. The failure of The Zibit to exercise or enforce any right or provision of the TOU shall not constitute a waiver of such right or provision. If any provision of the TOU is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of the TOU remain in full force and effect. I agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Service or the TOU must be filed within one (1) year after such claim or cause of action arose or be forever barred.
(Q) Please report any violations of the TOU, by emailing to: abuse@thezibit.com
Failure for The Zibit to act with respect to a breach by me or others does not waive The Zibit's right to act with respect to subsequent or similar breaches.
I understand and agree that, because damages are often difficult to quantify, if it becomes necessary for The Zibit to pursue legal action to enforce the TOU, I will be liable to pay The Zibit the following amounts as liquidated damages, which I accept as reasonable estimates of The Zibit's damages for the specified breaches of the TOU:
- If I post a message that:
- Impersonates any person or entity
- Falsely states or otherwise misrepresents my affiliation with a person or entity
- That includes personal or identifying information about another person without that person's explicit consent
- If The Zibit establishes limits on the frequency with which I may access the Service, or terminates my access to or use of the Service, I agree to pay The Zibit one hundred U.S. dollars (US$100) for each message posted in excess of such limits or for each day on which I access The Zibit in excess of such limits, whichever is higher.
- If I send unsolicited email advertisements to The Zibit email addresses or through The Zibit computer systems, I agree to pay The Zibit one hundred U.S. dollars (US$100) for each such email.
- If I post Content in violation of the TOU, other than as described above, I agree to pay The Zibit one hundred U.S. dollars (US$100) for each Item of Content posted. In its sole discretion, The Zibit may elect to issue a warning before assessing damages.
- If I am a Posting Agent that uses the Service in violation of the TOU, in addition to any liquidated damages under clause (d), I agree to pay The Zibit one hundred U.S. dollars (US$100) for each and every Item of Content posted in violation of the TOU. A Posting Agent will also be deemed an agent of the party engaging the Posting Agent to access the Service (the "Principal"), and the Principal (by engaging the Posting Agent in violation of the TOU) agrees to pay The Zibit an additional one hundred U.S. dollars (US$100) for each Item of Content posted by the Posting Agent on behalf of the principal in violation of the TOU.
- If I aggregate, display, copy, duplicate, reproduce, or otherwise exploit for any purpose any Content (except for my own Content) in violation of the TOU without The Zibit's express written permission, I agree to pay The Zibit three thousand U.S. dollars (US$3000) for each day on which I engage in such conduct.
Last Updated: 01 October 2008