2. The Website’s Content. The contents of the Website, including, without limitation, all text, graphics, images, logos, icons, interfaces, source codes and software (collectively, the “Content”) are proprietary materials owned by Zugara or third party content providers. The exclusive ownership and rights of Zugara and any such third party content providers in and to the Content are protected by copyright, trademark, and other law. The compilation (meaning the collection, arrangement and assembly) of the Content on the Website is the exclusive property of Zugara as protected by copyright law. The reproduction, distribution, use or publication by you of any of the Content is strictly prohibited, except as specifically provided herein. Unauthorized use of the Content, in whole or in part, may violate copyright, trademark, or other laws. By using the Website, you agree not to decompile, disassemble or otherwise reverse engineer the Website or any Content contained therein. You do not acquire ownership rights to any of the Content. The posting by Zugara of Content on the Website does not constitute a waiver of any right in such Content.
3. Limited Right to Use. The viewing, printing or downloading of any of the Content grants you only a limited, non-exclusive, non-transferable license solely for your own personal, non-commercial use and not for republication, distribution, assignment, sublicense, sale, preparation of derivative works, or any other use. No part of any of the Content may be reproduced in any form or incorporated into any information retrieval system, electronic or mechanical, other than for your personal, non-commercial use.
Zugara does not control any User Materials posted via the Website and, as such, does not guarantee the accuracy, integrity or quality of such User Materials. You understand that by using the Website, you may be exposed to User Materials that is offensive, indecent or objectionable. Under no circumstances will Zugara be liable in any way for any User Materials, including, but not limited to, any errors or omissions in any User Materials, or any loss or damage of any kind incurred as a result of the use of any User Materials posted, transmitted or shared via the Website.
5. Restrictions. In consideration of your use of the Website, you agree not to use the Website to:
7. Intellectual Property. We respect the intellectual property rights of others and ask that you do the same. We prohibit users from uploading or otherwise transmitting on the Website any materials that violate another party’s intellectual property rights. When we receive notice of an alleged copyright infringement, we promptly remove or disable access to the allegedly infringing material and terminate the accounts of repeat infringers in accordance with the Digital Millennium Copyright Act.
8. Complaints. If you believe that any Content or User Material infringes upon any copyright which you own or control, or if you wish to report Content, User Material, content posted by any third party, or user conduct that is unlawful or offensive, or if you wish to make any other type of complaint with respect to the Website, you may notify us by sending a detailed message to email@example.com.
9. Third Party Sites. The Website may contain links to other web sites (“Third Party Sites”) as well as photographs, text, graphics, pictures, designs, music, sound, video, information, applications, software and other content or items belonging to or originating from third parties. Such Third Party Sites and their content are not investigated, monitored or checked for accuracy, appropriateness, or completeness by us, and we are not responsible for any Third Party Sites accessed through the Website or any content posted on, available through or installed from the Website. Inclusion of, linking to or permitting the use or installation of any Third Party Site or any content accessed thereby does not imply approval or endorsement thereof by us. If you decide to leave the Website and access the Third Party Sites or to use or install any content from any Third Party Site, you do so at your own risk and you should be aware that our terms and policies no longer govern to such sites or any content accessible thereby. You should review the applicable terms and policies, including privacy and data gathering practices, of any Third Party Site to which you navigate from the Website or relating to any applications you use or install from any such Third Party Site.
10. No Endorsement. Reference to any products, services, processes or other information, by trade name, trademark, manufacturer, supplier or otherwise does not constitute or imply endorsement, sponsorship or recommendation thereof, or any affiliation therewith, by Zugara.
12. Limitation on Liability. IN NO EVENT WILL ZUGARA OR ITS DIRECTORS, OFFICERS, EMPLOYEES, AGENTS OR REPRESENTATIVES BE LIABLE TO YOU OR ANY THIRD PERSON FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES WHICH MAY BE INCURRED BY YOU, HOWEVER CAUSED AND UNDER ANY THEORY OF LIABILITY. THIS SHALL INCLUDE, BUT IS NOT LIMITED TO, ANY LOSS OF PROFIT (WHETHER INCURRED DIRECTLY OR INDIRECTLY), ANY LOSS OF GOODWILL OR BUSINESS REPUTATION, ANY LOSS OF DATA SUFFERED, COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, OR OTHER INTANGIBLE LOSS, EVEN IF ZUGARA IS AWARE OR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
14. Modifications to the Website. We reserve the right in our sole discretion to modify, delete or discontinue any of the Content or the Website (or any part thereof) without prior notice.
15. Termination. Zugara may remove any User Material that you have posted on the Website and/or prohibit you from using or accessing the Website (or any portion, aspect or feature of the Website) for any reason, or no reason, at any time in its sole discretion, with or without notice.
Date Last Revised: August 6, 2009