TERMS OF USE
PLEASE READ THE TERMS OF USE ("TERMS") CAREFULLY BEFORE USING THIS WEBSITE ("SITE"). THE TERMS CONSTITUTE AN AGREEMENT BETWEEN DISCORDIA LIMITED ("JZIP") AND YOU GOVERNING YOUR ACCESS TO AND USE OF THE SITE. BY ACCESSING OR USING THE SITE, YOU ("YOU" OR "YOUR") AGREE TO BE BOUND BY THESE TERMS. WE MAY MODIFY THESE TERMS AT ANY TIME WITHOUT NOTICE TO YOU BY POSTING REVISED TERMS ON OUR SITES. CONTINUED USE OF OUR SITE CONSTITUTES YOUR BINDING ACCEPTANCE OF ANY MODIFICATIONS HERETO.
1. CONTENT OWNERSHIP AND PROPRIETARY RIGHTS
This Site and its contents ("Content") are protected by copyright and other intellectual property laws and may not be copied or imitated in whole or in part. All trademarks, service marks, trade dress and other intellectual property rights associated with the Site and the Content are the sole property of jZip or its affiliates or partners. The Content may also be protected as a collective work or compilation under U.S. copyright and other laws and treaties. You agree to abide by all applicable copyright and other laws, as well as any additional copyright notices or restrictions contained on the Site. jZip does not convey, through allowing access to the Site, any ownership rights in the Site or in any Content. You may not copy, modify, translate, transmit, distribute, adapt, reproduce, decompile, reverse engineer or disassemble any part of Site or the Content.
2. ELIGIBILITY; SCOPE OF TERMS
You must be over the age of legal majority to access or use this Site. These Terms govern Your access and use of the Site and all applications, software and services (collectively, "Services") available via the Site, except to the extent such Services are subject to a separate agreement, additional terms may apply to the use of some or all of the Services provided to You via the Site.
jZip may make certain services available to individuals who register on the Site, including forums that allow registered users the opportunity to post comments, posts, content, media, materials or information ("Submissions") in forums, wikis, bulletin boards, chat rooms or other public areas. To access the forums or some of the resources the Site has to offer, you may be asked to provide registration details. It is a condition of use of this Site that all the details you provide will be correct, current, and complete. If jZip believes the details are not correct, current, or complete, jZip has the right to refuse You access to the Site, or any of its resources, and to terminate or suspend Your account.
3. FORUMS
You acknowledge that, as between You and jZip, You will own all right, title and interest in and to the Submissions. You hereby grant jZip, its licensees, successor and assigns, a perpetual, irrevocable, non-exclusive, royalty-free, sublicensable, transferable right and license to use, edit, modify, reproduce, distribute, display, transmit, exhibit, broadcast, stream, synchronize, sell, license, assign, create derivative works or otherwise exploit the Submission, in whole or in part, in all media throughout the world, now known or hereafter discovered, including, without limitation, in software, websites, streams, motion pictures, television programs, books, magazines, websites, advertisements, promotions and publicity, all without further notice to, consent from or payment to You. You agree to waive any right to the use of the Submissions, including any moral rights contained therein.
You hereby further agree that jZip, its licensees, successors and assigns, shall have the right to sell, license, assign and otherwise transfer any and all of the rights granted by You to jZip under these Terms, and to display any advertising, publicity, promotional materials and distribution rights in connection with Your Submission. You acknowledge and agree that jZip, its licensees, successors and assigns, will be entitled to retain any and all revenue generated from any use, sales, licenses, assignments and other transfers of the rights granted by You to jZip hereunder, as well as any and all revenue generated by the display of any advertising, publicity, promotional materials or distribution rights in connection with Your Submission.
You hereby represent, warrant and covenant that: (a) You have the power and authority to enter into these Terms; (b) You are the owner or licensee of all rights necessary and appropriate to grant the licenses and rights hereunder with respect to the Submissions and Personal Characteristics; (c) all elements of the Submission are original to You, or You have the right to grant the rights set forth in these Terms in connection with such elements; (d) the Submission does not infringe the rights of any third party, including any trade name, trademark, trade secret, or copyright rights; (e) the Submission does not invade or violate any right of privacy, personal or proprietary right, or other common law or statutory right; (f) the Submission is free and clear of any liens or claims with respect to the use of such Submission in the manner authorized herein; (g) You have obtained all necessary permissions or consents to use any property or person appearing in the Submission; and (h) the Submissions comply with these Terms.
In connection with Your use of the Site, You agree that You shall not: (i) transmit or communicate any data that is unlawful, harmful, threatening, abusive, harassing, stalking, defamatory, vulgar, obscene, invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable; (ii) upload or input the Site with any information which contains software viruses, Trojan horses, worms, time bombs, or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of the Site, any computer software or hardware or telecommunications equipment; (iii) impersonate any person or entity or falsely state or otherwise misrepresent Your affiliation with a person or entity; (iv) harm minors in any way; (v) forge headers or otherwise manipulate identifiers in order to disguise the origin of any content transmitted to other users; (vi) intentionally or unintentionally violate any applicable local, state, federal or international law and any regulations requirements, procedures or policies in force from time to time; (vii) use any automated means, including, without limitation, agents, robots, scripts, or spiders, to access, monitor, or copy any part of the Site; (viii) transmit, access or communicate any content that You do not have a right to transmit under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under non-disclosure agreements); (ix) monitor traffic on the Site, obtain or accumulate personal information about individual users or collect or store personal data about other users; (x) modify, delete or damage any information contained on the personal computer of any other Site user; (xi) infringe on the rights of any third party, including but not limited to trademark, copyright or the rights of publicity; (xii) use the Site in any manner that in jZip's judgment, adversely affects the performance or function of the Site or interferes with the ability of other members or authorized parties to access the Site; or (xiii) undertake any acts not expressly permitted under the Terms.
Additionally, if, in jZip's sole discretion, You choose a login name that is obscene, indecent, abusive or that might otherwise subject us to public disparagement or scorn, jZip reserves the right, without prior notice to You, to automatically change Your login name, delete Your posts from the Site, discontinue or suspend you access to the Site, or any combination of these options.
Although jZip may monitor or review posted messages from time to time, jZip does not actively monitor the contents of the forums, and we are not under any obligation to do so. Each user is solely responsible and liable for the contents of his or her postings, and we are not responsible in any way for the content or opinions expressed therein. jZip has the right, but not the obligation, to remove, edit or move, at any time, any material posted to the forums, in each case as jZip deems appropriate.
You agree that You are solely responsible for the information and other content You post on and through these forums and should be aware that when You voluntarily disclose personal information (e.g., name, e-mail address, telephone number) on or through these forums, that such information is generally accessible to and may be collected and used by other users and may result in unsolicited online and offline messages from such users. You are encouraged to exercise discretion when providing personal information about Yourself in and through forums. No Submissions shall be treated as confidential or proprietary information.
4. UNAUTHORIZED ACCESS
Unauthorized access to the Site is a breach of these Terms and a violation of the law. You agree not to use any automated means, including, without limitation, agents, robots, scripts, or spiders, to access, monitor, or copy any part of our sites, except those automated means that we have approved in advance and in writing.
5. TERMINATION
jZip may discontinue or suspend the Site at any time without notice, and jZip may block, terminate or suspend Your access to the Site at any time for any reason in its sole discretion, even if access to the Site continues to be allowed to others. Upon such suspension or termination, You must immediately discontinue use of the Site. You acknowledge and agree that Site shall not be liable to You or any third party for any termination or suspension of Your access to the Site.
6. DISCLAIMER OF WARRANTY
THE SITE AND ITS CONTENT ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. JZIP, ITS AFFILIATES, LICENSORS, PARTNERS AND SUPPLIERS, TO THE FULLEST EXTENT PERMITTED BY LAW, DISCLAIM ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT OF THIRD PARTIES' RIGHTS AND YOUR ABILITY OR INABILITY TO USE SITE AND ITS CONTENT. jZip AND ITS AFFILIATES, LICENSORS, PARTNERS AND SUPPLIERS MAKE NO REPRESENTATIONS OR WARRANTIES ABOUT THE ACCURACY, COMPLETENESS, SECURITY OR TIMELINESS OF THE CONTENT, RESULTS OBTAINED, INFORMATION OR SERVICES PROVIDED ON OR THROUGH THE USE OF THE SITE. NO INFORMATION OBTAINED BY YOU FROM THE SITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED BY jZip IN THE TERMS. jZip DOES NOT WARRANT OR REPRESENT THAT YOUR ACCESS TO OR USE OF THE SITE WILL BE UNINTERRUPTED OR FREE OF ERRORS OR OMISSIONS, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SITE IS FREE OF COMPUTER VIRUSES OR OTHER HARMFUL COMPONENTS. USE OF THE SITE AND ITS CONTENT IS AT YOUR OWN RISK.
SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTY, SO THE LIMITATIONS AND EXCLUSIONS IN THIS SECTION MAY NOT APPLY TO YOU. IF YOU ARE DEALING AS A CONSUMER, YOUR STATUTORY RIGHTS THAT CANNOT BE WAIVED, IF ANY, ARE NOT AFFECTED BY THESE PROVISIONS. YOU AGREE AND ACKNOWLEDGE THAT THE LIMITATIONS AND EXCLUSIONS OF LIABILITY AND WARRANTY PROVIDED IN THESE TERMS OF USE ARE FAIR AND REASONABLE.
7. LIMITATION OF LIABILITY
TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL DISCORDIA LTD, ITS AFFILIATES, ITS LICENSORS, ITS PARTNERS OR ITS SUPPLIERS BE LIABLE FOR ANY INCIDENTAL, INDIRECT, EXEMPLARY, PUNITIVE AND CONSEQUENTIAL DAMAGES, LOST PROFITS, OR DAMAGES RESULTING FROM LOST DATA OR BUSINESS INTERRUPTION RESULTING FROM THE USE OF OR INABILITY TO USE THE SITE, THE CONTENT, RESULTS OBTAINED, INFORMATION OR SERVICES WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT jZip HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. TO THE EXTENT PERMITTED BY LAW, THE REMEDIES STATED FOR YOU IN THESE TERMS OF USE ARE EXCLUSIVE AND ARE LIMITED TO THOSE EXPRESSLY PROVIDED FOR IN THESE TERMS OF USE.
You 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 our sites or these Terms must be filed within one (1) year after such claim or cause of action arose or be forever barred.
8. INDEMNITY
You agree to defend, indemnify and hold harmless jZip, its affiliates, licensors, partners and suppliers, and their respective officers, directors, employees, agents and representatives from any and all claims, including, but not limited to, claims for defamation, violation of rights of publicity and/or privacy, copyright infringement, or trademark infringement arising from Your use of the Site or violation of these Terms.
We reserve the right, at our own expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us, and you agree to cooperate with our defense of these claims.
9. LINK TO OTHER SITES
From time to time, jZip may provide links on the Site that will allow You to visit the websites of third parties. Neither these websites nor the companies sponsoring these websites are controlled by jZip. jZip makes no representations concerning the information provided nor does jZip endorse the products or services offered by these websites. Your use of these websites or their products or services is at your own risk. jZip expressly disclaims all liabilities associated with these third party websites and product or services.
10. PRIVACY POLICY
This Privacy Policy governs the use of personal information, and is incorporated herein by reference. The Privacy Policy is available at http://www.jzip.com/privacy_policy.php
11. MISCELLANEOUS
The Terms shall be governed and construed in accordance with the laws of the State of New York without giving effect to the conflict of laws principles thereof. You hereby expressly agree to irrevocably submit to the exclusive jurisdiction and venue of the State and Federal Courts located in the State of New York for the purposes of any suit, action or other proceeding arising out of or based upon the Terms or the subject matter hereto. In the event that any provision of the Terms is inoperative or unenforceable for any reason, such provision shall be enforced to the maximum extent permitted by law and the invalidity of such provision shall not affect the enforceability and validity of remaining provisions of the Terms. Our failure to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision. Except as expressly provided in a separate license, service or other written agreement between You and jZip, these Terms constitute the entire agreement between You and jZip with respect to the use of the Site, its Content, any software or service, information, and supersede all discussions, communications, conversations and agreements concerning the subject matter hereof. All notices and other communications under the Terms must be in writing and will be deemed to have been duly given when actually received. Notices shall be delivered to You at Your address on record with jZip. You may provide notices to jZip via email to or by writing to 40 Kimonos St. 3095 Limassol, Cyprus.
