zaBYTE’s Website Terms Of Use

zaBYTE Website Terms of Use

Effective January 1, 2021

ACCEPTANCE OF THE WEBSITE TERMS OF USE.

Welcome to the website of zaBYTE LLC (“zaBYTE,” “we,” “our,” or “us”). zaBYTE is the owner and operator of the www.zabyte.net website, mobile application, or any other zaBYTE online service (collectively, the “Website”) that posts a link to this Terms of Use Agreement (“Terms” or “TOU”). These terms and conditions are a legal contract between any visitor to the Website or Customer of zaBYTE (“Customer,” “you,” or “your”) and zaBYTE that govern use of or access to the Website. It is important that you review them carefully before using or accessing the Website. Your use and access of any part of the Website indicates that you have read, understood, and agree to follow and be bound by the Terms, which is incorporated by reference in our Internet Terms of Service Agreement (“Service Agreement”) along with our Privacy Policy and DMCA Copyright Infringement Policy. If you do not agree to these Terms, do not access or use the Website.

Any capitalized terms not defined in these Terms will have the same meaning as defined in our Service Agreement.

This Website is offered and available to users who are 18 years of age or older, and reside in the United States or any of its territories or possessions. The Website is not directed at persons under the age of 16, and the Website does not knowingly collect any Personal Information from minors. By using this Website, you represent and warrant that you are of legal age to form a binding contract with zaBYTE and meet all of the foregoing eligibility requirements. If you do not meet all of these requirements, you cannot continue to access or use the Website.

CHANGES TO THE WEBSITE.

We may revise and update these Terms from time to time in our sole discretion. All changes are effective immediately when we post them, and apply to all access to and use of the Website thereafter, unless further notice and consent is required by law.

Your continued use of and access to the Website following the posting of any revised Terms means that you accept and agree to the changes, You are expected to check this page from time to time so you are aware of any changes, as they are binding on you.

YOUR ACCESS TO THE WEBSITE.

We may choose to suspend your access to all or part of the Website without advance notice and at any time, for violations of these Terms, for any reason, or for no reason at all. We are not liable if for any reason all or any part of the Website is unavailable at any time or for any period.

To access the Website or some of the resources it offers, you may be asked to provide certain registration details or other information, including Personal Information. It is a condition of your use of the Website that all the information you provide on the Website is correct, current and complete. You agree that all information you provide to register with this Website or otherwise, including but not limited to through the use of any interactive features on the Website, is governed by our Privacy Policy, and you consent to all actions we take with respect to your information consistent with our Privacy Policy. We have the right to disable any user name, password or other identifier, whether chosen by you or provided by us, at any time in our sole discretion for any or no reason.

WEBSITE CONTENT AND INTELLECTUAL PROPERTY RIGHTS.

The Website and its entire contents, features and functionality (including but not limited to all information, software, text, displays, images, video and audio, and the design, selection and arrangement thereof) (“Website Content”), are owned by zaBYTE, its licensors or other providers of such material and are protected by United States and international intellectual property or proprietary rights laws. zaBYTE expressly reserves all rights in the Website and Website Content owned and licensed by zaBYTE.

These Terms permit you to use the Website for the purpose of researching and/or signing-up for zaBYTE’s Internet Service. You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store or transmit any of the material on our Website, except as authorized in writing by us.

If you wish to use material on the Website other than set out in this section, please address your request to: info@zabyte.net.

zaBYTE LLC, zaBYTE.com and zaBYTE.net and all related names, logos, product and service names, designs and slogans are trademarks of zaBYTE, its Affiliates, Operational Service Providers, or licensors (collectively, “zaBYTE Marks”). You must not use the Website Content, zaBYTE Marks, other zaBYTE intellectual property, including but not limited to copyrights, without the prior written permission of zaBYTE. All other names, logos, product and service names, designs, slogans, images, and sounds on this Website are the trademarks, copyrighted material, or intellectual property of their respective owners.

USER GENERATED CONTENT AND LICENSING RIGHTS.

Our Website and the zaBYTE Network may allow you to upload, download, or share content with other users or persons. However, do not permit you to use the Website or the zaBYTE Network to upload, download, or share anything such as messages, posts, text, film, video, audio, photographs, other recordings or images, or any other content (collectively, “User Generated Content” or “UGC”) that you do not have a right to use and share on the Internet.

By use of any UGC on our Website or via the zaBYTE Network, you represent and warrant that: (a) you are the original author or creator of the UGC and/or have full copyright, title and interest or have a license in and to any UGC; (b) you have the full power and authority to upload, download and/or share such UGC; and (c) the use of all or any element of the UGC will not violate or infringe upon the trademarks, trade names, copyrights, patents, privacy or publicity rights or any other personal or proprietary rights of any person or entity, and will not defame or libel any person or entity.

A. Monitoring, Screening and Removal of UGC.

You acknowledge that we and/or our designees may or may not pre-screen UGC, and that we have no control over UGC, therefore we do not guarantee the accuracy, integrity, or quality of such content. We shall have the right (but not the obligation), in our sole discretion, to move, remove, block access to, monitor, screen, modify, refuse or decline to restore any UGC or your access to any UGC for any or no reason, including without limitation that such UGC violates these Terms or is otherwise objectionable.

We take no responsibility and assume no liability for any UGC uploaded, transmitted, or downloaded by you or any third party, or for any mistakes, defamation, slander, libel, omissions, falsehoods, obscenity, pornography, or profanity you may encounter. As the provider of the Website and the zaBYTE Network, we are only a conduit and are not liable for any statements, representations, or content provided by users. Any opinions, advice or recommendations expressed therein are those of the users providing such content and not those of zaBYTE. We do not endorse any content or any opinion, recommendation or advice expressed therein. It is not our intent to discourage you from taking controversial positions or expressing vigorously what may be unpopular views; however, we reserve the right to take such action as we deem appropriate in cases where the Website is used to disseminate statements that are currently or are potentially harmful or inflammatory.

B. UGC License and Rights.

Please note that if you upload, share or otherwise make available any UGC on our Website or zaBYTE Network, you will still own the UGC (assuming you have rights to own it or the UGC does not contain our own Website Content or zaBYTE Marks, in which we reserve all ownership rights in our Content and zaBYTE Marks) but you are giving us the right to use your UGC. That means that if you send in, post, upload, make available, or disclose to us in any way any UGC, you grant us and our related entities, the right use it any way we want in any medium without getting your permission or having to pay you for it.

In legal terms, by providing us with any UGC, you grant zaBYTE and our Affiliates, Operational Service Providers, and licensors, and each of their successors and assigns, a worldwide, perpetual, irrevocable, unrestricted, non-exclusive right and fully sub-licensable royalty-free license to use, copy, reproduce, distribute, publish, publicly perform, publicly display, modify, adapt, translate, archive, store, and create derivative works from such UGC, in any form, format, or medium, of any kind now known or later developed. Without limiting the generality of the previous sentence, you authorize us to share the UGC across the Website and all online media platforms, newspapers, television and radio broadcast stations, and any other media now or hereafter known affiliated with us and to use your name, likeness and any other information in connection with our use of the material you provide. You waive any moral rights you might have with respect to any UGC you provide to us. You also grant us the right to use any material, information, ideas, concepts, know-how or techniques contained in any communication you provide or otherwise submit to us for any purpose whatsoever, including but not limited to, commercial purposes, and developing, manufacturing and marketing commercial products using such information.

You understand, acknowledge and agree that all rights in this paragraph are granted to us without the need or your right for compensation of any sort; the sole consideration for any use of your UGC is your ability to make available this content to the public using our Website and the zaBTYE Network.

6. YOUR COPYRIGHTED WORK AND DMCA NOTICE OF INFRINGEMENT.

Just as we require users to respect our copyrights and those of our Affiliates, Operational Service Providers and licensors, we respect the copyrights of others. Using copyrighted material without the permission of the copyright owner or its authorized representative in many instances is unlawful and can subject those who do so to potential civil and criminal liability. This is called “copyright infringement” and it not only violates U.S. Copyright law, it also violates these Terms and our Service Agreement.

If you believe in good faith that your copyrighted work has been reproduced or posted on our Website or using the zaBYTE Network without authorization in a way that constitutes copyright infringement, please see our DMCA Copyright Infringement Policy for instructions on how to notify our Designated Agent under the Digital Millennium Copyright Act, 17 U.S.C. § 512 (c)(3) or to submit a counter-notification.

7. PROHIBITED USES.

You may use the Website only for lawful purposes and in accordance with these Terms and zaBYTE’s Acceptable Use Policy. You understand, acknowledge and agree that you will not take any of the actions with respect to our Website, Website Content, zaBYTE Marks nor will you use our Website, the zaBYTE Network, or related software to upload, post, email, distribute, transmit, link, solicit or otherwise make available any content. You may not use our Website in any manner that:

Violates any applicable federal, state, local or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from the US or other countries);

Is unlawful, harmful to minors, threatening, harassing, abusive, defamatory, slanderous, vulgar, gratuitously violent, obscene, pornographic, indecent, lewd, libelous, harassing, invasive of another’s privacy, or racially, ethnically or otherwise offensive, hateful or abusive; or encourages conduct that would be considered a criminal offense, give rise to civil liability, violate any law, or is otherwise deemed inappropriate at our sole discretion;

Infringes someone else’s patent, trademark, trade secret, copyright or other intellectual property, proprietary or other rights;

Produces spam or spin publicizing a product, website, event, entity or individual person;

Posts or disseminates advertisements or solicitations of business, or otherwise engage in commercial activity on our Website unless you have a business account, except in those areas specifically designated for such purpose (e.g., classified bulletin board);

Contains software viruses, worms, time bombs, corrupted files, Trojan horses or any other computer code, files, or programs that are designed or intended to disrupt, damage, overburden, impair or limit the functioning of any software, hardware, network, server or communications systems or equipment;

Systematically collects and uses any Website Content or other content including the use of any data mining, or similar data gathering and extraction methods;

Uses any device, software or routine that interferes with the proper function, security, or availability of the Website;

Attempts to disable, bypass, modify, defeat or otherwise circumvent any of the digital rights management or other security related tools incorporated into the software or any Website Content or the Website;

Creates a false identity for the purpose of misleading others;

Impersonates or attempt to impersonate zaBYTE, a zaBYTE employee, another user or any other person or entity (including, without limitation, by using domain names, e-mail addresses, screen names or social networking IDs associated with any of the foregoing);

Provides material support or resources (or conceals or disguises the nature, location, source, or ownership of material support or resources) to any organization(s) designated by the United States government as a foreign terrorist organization pursuant to section 219 of the Immigration and Nationality Act;

Engages in unauthorized “scraping” or spidering, or harvesting of personal information, or use any unauthorized automated means to compile information;

Engages in any other conduct that interferes, restricts or inhibits anyone’s use or enjoyment of the Website, or which, as determined by us, may harm zaBYTE, the Website, or users of the Website or expose them to liability; or

Removes any proprietary notices or labels on our Website Content or any other content.

8. INDEMNITY.

All the information and UGC you submit to the Website remain your responsibility. Specifically, you agree to hold zaBYTE, and our Affiliates, Operational Service Providers, and licensors and each associated officer, shareholder/director, employee, agent, representative, and any of their successors and assigns (collectively “zaBYTE-Related Entities”), harmless from against any claims, actions, costs, damages, losses, expenses, and any other liabilities, including attorneys’ fees and costs, arising out of or related to your access to or use of the Website, your violation of these Terms, and/or your violation of the rights of any person.

9. NO WARRANTIES.

The Website is provided “as is” and without warranty of any kind. To the maximum extent permitted by law, zaBYTE and zaBYTE-Related Entities disclaim any and all warranties, express or implied, including (but not limited to) implied warranties of merchantability, fitness for a particular purpose, and non-infringement of proprietary rights, or any other warranty, condition, guarantee or representation, whether oral or electronic. You are solely responsible for any damage to your computer or mobile device or loss of use. We do not guarantee that the Website will always work properly.

LIMITATION OF LIABILITY AND STATUTE OF LIMITATIONS.

A. ZABYTE AND ZABYTE-RELATED ENTITIES SHALL NOT BE LIABLE FOR ANY SPECIAL, CONSEQUENTIAL, INDIRECT, INCIDENTAL, PUNITIVE, RELIANCE, OR EXEMPLARY DAMAGES, WHETHER IN TORT, CONTRACT, OR ANY OTHER LEGAL THEORY, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THESE TERMS OR YOUR USE OF OR ATTEMPT TO USE THE WEBSITE, INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOST PROFITS, GOODWILL, USE, OR DATA. THIS LIMITATION OF LIABILITY SHALL NOT BE AFFECTED EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME STATES DO NOT ALLOW FOR THE EXCLUSION OF IMPLIED WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU. YOU MAY HAVE OTHER RIGHTS THAT VARY FROM STATE TO STATE.

B. YOU AGREE TO RELEASE ZABYTE AND ZABYTE-RELATED ENTITIES FROM CLAIMS, DEMANDS AND DAMAGES (ACTUAL AND CONSEQUENTIAL), OF EVERY KIND AND NATURE, KNOWN AND UNKNOWN, DISCLOSED OR UNDISCLOSED, ARISING OUT OF OR IN ANY WAY CONNECTED TO YOUR USE OF THE WEBSITE.

C. STATUTE OF LIMITATIONS: IF ANY OF THE ABOVE PROVISIONS ARE DEEMED UNLAWFUL, CUSTOMER MUST BRING ANY CLAIM WITHIN ONE (1) YEAR AFTER THE CLAIM FIRST ARISES.

GOVERNING LAW AND VENUE.

Any claim or dispute between zaBYTE and you arising out of or relating to these Terms, in whole or in part, shall be governed by the laws of the State of California without respect to any conflict of laws provision. You understand, acknowledge, and agree to submit to the personal jurisdiction and venue of the state or federal court of competent jurisdiction located in Orange County, California.

HEADINGS.

The headings in these Terms are for convenience and do not control any of its provisions.

SEVERABILITY AND NO WAIVER.

If any provision of these Terms is held invalid or unenforceable, that provision will be modified to the extent necessary to render it enforceable without losing its intent. If no such modification is possible, that provision will be severed from the rest of this agreement.

If we do not enforce any right or provision in this TOU, that is not to be deemed a waiver of our right to do so in the future.

ENTIRE AGREEMENT.

These Terms are incorporated by reference into the Service Agreement and the Service Agreement consists of the entire agreement between you and us concerning the Website and the zaBYTE Network. It supersedes all prior or contemporaneous agreements between you and us.