The following are the Terms of Service ("Terms of Service") and terms and
conditions and policies ("Terms") that must be read and agreed upon by all
users. These Terms govern your access to and use of the services and Zutsvi’s websites
(the “Services”), and any information, text, data, news articles, photographs,
images, graphics, software, audio and video clips or other materials uploaded, downloaded
or appearing on the Services (collectively referred to as “Content”). Your
access to and use of the Services is conditioned on your acceptance of and compliance
with these Terms. By accessing or using the Services you agree to be bound by these
Terms. You can also review our Privacy Policy , which outlines our obligations
and practices towards handling any personal information that you may provide to
us.
If you are using Zutsvi on behalf of a company or other legal entity, you are nevertheless
individually bound by this Agreement even if your company has a separate agreement
with us. If you do not want to register an account and become a Zutsvi User, do
not conclude the Agreement, do NOT click “Sign Up” and do not access, view, download
or otherwise use any Zutsvi webpage, information or services. By clicking “Sign
Up,” you acknowledge that you have read and understood the terms and conditions
of this Agreement and that you agree to be bound by all of its provisions. By clicking
“Sign Up,” you also consent to use electronic signatures and acknowledge your click
of the “Sign Up” button as one. Please note that the Zutsvi Terms of Service and
Privacy Policy are also collectively referred to as Zutsvi “Terms of Service.”
1. ACCEPTANCE OF TERMS
PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE USING THE SERVICES. BY ACCESSING
THIS SITE OR USING ANY PART OF THE SITE OR ANY CONTENT OR SERVICES (AS EACH IS DEFINED
BELOW) ON THE SITE, YOU AGREE TO BECOME BOUND BY THESE TERMS. IF YOU DO NOT AGREE
TO ALL THE TERMS, THEN YOU MAY NOT ACCESS THE SITE OR USE THE CONTENT OR ANY SERVICES
IN THE SITE. ZUTSVI'S ACCEPTANCE IS EXPRESSLY CONDITIONED UPON YOUR ASSENT TO
ALL OF THESE TERMS AND CONDITIONS, TO THE EXCLUSION OF ALL OTHER TERMS; IF THESE
TERMS AND CONDITIONS ARE CONSIDERED AN OFFER BY ZUTSVI, ACCEPTANCE IS EXPRESSLY
LIMITED TO THESE TERMS.
2. MODIFICATIONS OF TERMS OF USE
Zutsvi reserves the right, at its sole discretion, to modify or replace the
Terms of Service at any time. If the alterations constitute a material change to
the Terms of Service, Zutsvi will notify you by posting an announcement on the Site.
What constitutes a "material change" will be determined at Zutsvi's
sole discretion, in good faith and using common sense and reasonable judgment. You
shall be responsible for reviewing and becoming familiar with any such modifications.
Use of the Services by you following such notification constitutes your acceptance
of the terms and conditions of the Terms of Use as modified.
3. DESCRIPTION OF SERVICE
Subject to full compliance with the Terms, Zutsvi may offer to provide certain
Services and Content. Services shall include, but not be limited to, any service
and content Zutsvi performs for you, as well as the offering of any Content, displayed,
transmitted or performed on the Site or through the Services. Zutsvi may change,
suspend or discontinue the Services including any Content for any reason, at any
time, including the availability of any feature or Content. Zutsvi may also impose
limits on certain features and services or restrict your access to parts or all
of the Services without notice or liability. You understand and agree that the Service
is provided to you on an AS IS and AS AVAILABLE basis. Zutsvi disclaims all responsibility
and liability for the availability, timeliness, security or reliability of the Service
or any other client software.
4. ADVERTISEMENT
The Services of Zutsvi may include advertisements, which may be targeted to
the Content on the Services, queries made through the Services, or other information.
The types and extent of advertising by Zutsvi on the Services are subject to change.
In consideration for Zutsvi granting you access to and use of the Services, you
agree that Zutsvi and its third party providers and partners may place such advertising
on the Services or in connection with the display of Content or information from
the Services whether submitted by you or others.
5. REGISTRATION
As a condition to using Services, you are required to register with Zutsvi and
select a password and provide an email that will be used as your user ID ("Zutsvi
ID"). You agree that all information you submit at registration is accurate
and that you will keep it current. If we have reasonable grounds to suspect that
the registration data is untrue, inaccurate or incomplete, we have the right to
suspend or terminate your account. It is your responsibility to maintain the confidentiality
of your account information, and you are responsible for all use of the Site accessed
through it. You acknowledge and agree that we may send you important information
and notices regarding your account and the Services by email, text messaging or
other means based on the information you provide to us. You may not (i) select or
use as a Zutsvi ID a name of another person with the intent to impersonate that
person; (ii) use as a Zutsvi ID a name subject to any rights of a person other than
you without appropriate authorization; or (iii) use as a Zutsvi ID a name that is
otherwise offensive, vulgar or obscene. Zutsvi reserves the right to refuse registration
of, or cancel a Zutsvi ID in its discretion.
You must be at least thirteen (13) years of age to use the Service. If you do
not so qualify, do not attempt to register for or use the Services. Zutsvi reserves
the right to refuse service to anyone at any time without notice for any reason.
You will be responsible for all activities occurring under your Zutsvi ID and
for keeping your password secure.
6. RULES OF CONDUCT
As a condition of use, you promise not to use the Services for any purpose that
is unlawful or prohibited by these Terms of Serivce, or any other purpose not reasonably
intended by Zutsvi.
You understand and agree that:
a. Your use of the Service, including any Content you submit, will comply with all
applicable laws (including but not limited to laws governing competition, trade,
false advertising and export control) and these Terms of Service.
b. You will not impersonate any other person or submit Content on behalf of any
other person or entity
c. You will not submit Content in exchange for payment or consideration received
from any third party.
d. You will not collect information about other Site users without their consent.
e. You will treat other Site users with respect.
f. You will not submit any Content that:
- Infringes on
the intellectual property rights or other rights of any person or entity;
- Intentionally
interferes with the Site’s operation;
- Violates any
person’s privacy or publicity rights or breaches any duty of confidentiality that
you owe to anyone or provides any non-public information about Zutsvi or any other
company or person without authorization (including the names and contact information
for Zutsvi employees and Site users);
- Is harassing,
defamatory, abusive, pornographic, obscene or otherwise objectionable (in our sole
judgment);
- Contains or
installs any viruses, worms, bugs, Trojan horses or other code, files or programs
designed to, or capable of, disrupting, damaging or limiting the functionality of
any software or hardware; or
- Contains false
or deceptive language, unsubstantiated or comparative claims regarding our or others’
products, third party advertising, spam, chain letters, or any other solicitation,
including solicitation of lawsuits. Links that connect to commercial websites will
not be considered unauthorized solicitations unless the link or the website Content
appears to be intended as a means of solicitation or part of an “affiliate” program
as determined by Zutsvi in its sole discretion.
- You will not
artificially inflate or alter the "Zutsvi Rating", comments, or any other Zutsvi
service, including by way of creating separate user accounts for the purpose of
artificially altering Zutsvi services; giving or receiving money or other remuneration
in exchange for ratings; or participating in any other organized effort that in
any way artificially alters the results of Zutsvi’s services;
- You will not
use the Services or Content to advertise to, or solicit, any user to buy or sell
any products or services. It is also a violation of these rules to use any information
obtained from the Services in order to contact, advertise to, solicit, or sell to
any user without their prior explicit consent;
- Zutsvi may
remove or refuse to accept, post, display or transmit any Content in its sole discretion.
Zutsvi may remove accounts at any time for any reason (including, but not limited
to, upon receipt of claims or allegations from third parties or authorities relating
to such Content), or for no reason at all. To report Terms of Service abuse, please
email: abuse@zutsvi.com.
You are solely responsible for your interactions with other users of the Site. Zutsvi
reserves the right, but has no obligation, to monitor disputes between you and other
users.
- Zutsvi takes
no responsibility for third-party Content (including, without limitation, any viruses
or other disabling features), nor does Zutsvi have any obligation to monitor such
third-party Content. Zutsvi also reserves the right to access, read, preserve, and
disclose any information as it reasonably believes is necessary to (a) satisfy any
applicable law, regulation, legal process, or governmental request; (b) enforce
this Agreement, including investigation of potential violations of the Agreement;
(c) detect, prevent, or otherwise address fraud, security, or technical issues;
(d) respond to user support requests; or (e) protect the rights, property or safety
of Zutsvi or its users, licensors, and partners, or the public. Zutsvi will
not be responsible or liable for the exercise or non-exercise of its rights under
this Agreement.
- You are solely responsible
for your interactions with other Users. Zutsvi may limit the number of connections you may have
to other Users and may, in certain circumstances, prohibit you from contacting other Users through
use of the Services or otherwise limit your use of the Services. Zutsvi reserves the right, but has
no obligation, to monitor disputes between you and other members and to restrict, suspend, or
close your account if Zutsvi determines, in our sole discretion, that doing so is necessary to enforce
this Agreement.
7. CONTENT ON ZUTSVI
- Some of the Content shared
through Zutsvi may offer information relating to a products technical, financial,
future market, legal, ethics, logistics and management topics. This Content
is presented for general informational purposes only, and should not be construed
as professional advice. We do not endorse, support, represent or guarantee the completeness,
truthfulness, accuracy, or reliability of any Content or communications posted via
the Services or endorse any opinions expressed via the Services. No action should
be taken based upon any information contained in the Service.
- You understand that by
using the Services, you may be exposed to Content that might be offensive, harmful,
inaccurate or otherwise inappropriate, or in some cases, postings that have been
mislabeled or are otherwise deceptive. Under no circumstances will Zutsvi be liable
in any way for any Content, including, but not limited to, any errors or omissions
in any Content, or 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 or broadcast elsewhere. We expect that you will use caution and common
sense and exercise proper judgment when using the Zutsvi Service.
- Content submitted by you
is owned by you and, agree that the Content will be dedicated to the public domain
under the Creative Commons Public Domain Dedication, available at
http://creativecommons.org/publicdomain/zero/1.0/
and that you will not object to the use of the Content by Zutsvi in any context.
To clarify, the above does not apply to the Content on external sites linked to
by the original submission.
- Much of the Content is
provided by and is the responsibility of the person, people or company who submitted
the Content. Zutsvi does not monitor or edit the Content, and takes no responsibility
for such Content. Instead, Zutsvi merely provides a platform for such Content as
a Service to you.
- You grant Zutsvi a perpetual,
irrevocable, non-exclusive fully-paid up and royalty-free license to use any ideas,
expression of ideas or other Content you provide Zutsvi without restrictions of
any kind and without any payment or other consideration of any kind, or permission
or notification, to you or any third party. The license shall include, without limitation,
the irrevocable right to reproduce, prepare derivative works, combine with other
works, alter, translate, distribute copies, display, perform and license the Content.
8. YOUR RIGHTS
- You retain your rights
for any Content you submit, post or display on Zutsvi or its Services. Zutsvi claims
no ownership of any Content submitted, posted or displayed by you on or through
the Service. You retain all patent, trademark and copyright to any Content you submit,
post or display on or through the Service and you are responsible for protecting
those rights, as appropriate.
- Zutsvi or its representatives
(including Zutsvi Category Owners) may aide you in editing and formatting your Content
at your request. This is part of the Service provided by Zutsvi. By soliciting,
accepting, or approving the contributions of Zutsvi or its representatives, you
agree to extend to them all necessary rights (including the right to modify, revise,
edit, and create derivate works from your Content, as applicable) to submit and
have their contributions incorporated into your Content. You retain the right of
the Content per these Terms of Service.
- We may modify or adapt
your Content in order to transmit, display or distribute it over computer networks
and in various media and/or make changes to your Content as are necessary to conform
and adapt that Content to any requirements or limitations of any networks, devices,
services or media.
- Zutsvi gives you a personal,
worldwide, royalty-free, non-assignable and non-exclusive license to use the software
that is provided to you by Zutsvi as part of the Service. This license is for the
sole purpose of enabling you to use and enjoy the benefit of the Services as provided
by Zutsvi, in the manner permitted by these Terms.
- There are two types of
Zutsvi accounts, personal and business account. You may create a personal and or
a business account. You may modify your Zutsvi profile associated with your Zutsvi
Account provided you give accurate information, and comply with all applicable laws,
regulations, and legal obligations.
- Multiple members can associate
themselves with a company. It is your responsibility to select the right company
to associate with. Zutsvi is not responsible for anyone’s wrong representation.
- An email will be sent to
all members who are associated to a company when a new person joins as a member
under the company.
- Company profiles can be
setup and modified by any member that associates themselves with that company (Co-members)
while becoming a member. All co-members will be notified of each other’s activities.
Zutsvi does not monitor or dictate who can join a company profile. Any wrong representation
by a member will be the liability of that member. Zutsvi will aid in indentifying
and revoking this members rights on request.
- All Content submitted by
any member, associated with a Company, will be credited to the company. The company
extends all rights to the member to act on behalf of the company. If you are a member
associated with a company, it is your responsibility to consult with and obtain
consent from the other members of the company as may be permitted or required by
law in order to effect changes to the company profile and to submit content on behalf
of the company. You agree that Zutsvi has no obligation to intervene in or resolve
disputes among members of a company, and that Zutsvi will have no responsibility
or liability for any claim arising out of such disputes.
- All users have the right
to rate Contents. Ratings from users will be monitored and used to calculate the
final rating. This will help other readers identify content that is more pertinent
9. REFERRAL SERVICE
Zutsvi provides referral service for its members only. This service is provided
on request only. Members can select from various other members who have identified
themselves as “Available For Consulting” in a specific product category. Zutsvi
does not endorse any member as consultant. We simply provide a platform for service
providers, contractors, consultants to list themselves and their profile. Members
understand that: (i) Zutsvi is merely a platform where members may request service
or provide service; (ii) Zutsvi is not a party to any Service Contracts between
members; (iii) Zutsvi shall not have any liability or obligations under or related
to the Service Contracts or any acts or omissions by members; (iv) Zutsvi has no
control over the Services promised or rendered by its members; and, (v) Zutsvi makes
no representations as to the reliability, capability, or qualifications of any member
or the quality, security or legality of any Service, and Zutsvi disclaims any and
all liability relating thereto.
Zutsvi charges a flat fee for the Referral service that will be negotiated with
the requestor of the service. The fee will be paid to Zutsvi in cash at the time
of inquiry by the requestor.
10. ZUTSVI INTELLECTUAL PROPERTY RIGHTS
You acknowledge that Zutsvi owns all right, title and interest in and to the
Service, including all intellectual property rights (the "Zutsvi Rights").
Zutsvi Rights are protected by U.S. and international intellectual property laws.
Accordingly, you agree that you will not copy, reproduce, alter, modify, or create
derivative works from the Service or Licensed Content. Nothing in the Terms of Service
gives you a right to use the Zutsvi name or any of the Zutsvi trademarks, logos,
domain names, and other distinctive brand features. You also agree that you will
not use any robot, spider, other automated device, or manual process to monitor
or copy any Content from the Service, except as permitted in connection with the
regular indexing of Content and web pages as carried out by Internet search engines. Unless
expressly authorized in writing by Zutsvi, you agree not to reproduce, duplicate,
copy, sell, trade, resell or exploit for any commercial purposes (a) any portion
of the Service, (b) use of the Service, or (c) access to the Service.
11. COPYRIGHT COMPLAINTS
If you believe that your work has been copied on the Site in any way without
your permission, please provide the following information to our Agent to Receive
Notification of Claimed Copyright Infringement at copyright@zutsvi.com. Your notice
must contain the following:
- Your electronic or physical
signature;
- A description of the work
you claim has been infringed;
- Identification of the work
you claim infringes the copyrighted work and a description of where it is located
on the Site;
- Your address, telephone
number and e-mail address;
- A statement by you that
you have a good faith belief that the infringing use is not authorized by the copyright
owner, the copyright owner's agent or by law; and
- A statement by you, under
penalty of perjury, that the above information in your notice is accurate and that
you are the copyright owner or authorized to act on the copyright owner's behalf.
12. GENERAL RELEASE
You hereby release and hold harmless Zutsvi, its affiliated entities, employees,
directors, officers, licensees and assigns and each of their respective designees
("Zutsvi Entities") with respect to any claims, damages, costs, losses
and expenses, including reasonable attorneys' fees, due to or arising out of
content you submit, post, transmit or make available through the Site.
13. THE SERVICES ARE AVAILABLE "AS-IS"
Your access to and use of the Services or any Content is at your own risk. You
understand and agree that the Services is provided to you on an "AS IS" and "AS
AVAILABLE" basis. Without limiting the foregoing, ZUTSVI AND ITS PARTNERS DISCLAIM
ANY WARRANTIES, EXPRESS OR IMPLIED, OF MERCHANTABILITY, FITNESS FOR A PARTICULAR
PURPOSE, OR NON-INFRINGEMENT. We make no warranty and disclaim all responsibility
and liability for the completeness, accuracy, availability, timeliness, security
or reliability of the Services or any content thereon. Zutsvi will not be responsible
or liable for any harm to your computer system, loss of data, or other harm that
results from your access to or use of the Services, or any Content. You also agree
that Zutsvi has no responsibility or liability for the deletion of, or the failure
to store or to transmit, any Content and other communications maintained by the
Services. We make no warranty that the Services will meet your requirements or be
available on an uninterrupted, secure, or error-free basis. No advice or information,
whether oral or written, obtained from Zutsvi or through the Services, will create
any warranty not expressly made herein.
14. LINKS
The Services may contain links to third-party websites or resources. You acknowledge
and agree that we are not responsible or liable for: (i) the availability or accuracy
of such websites or resources; or (ii) the content, products, or services on or
available from such websites or resources. Links to such websites or resources do
not imply any endorsement by Zutsvi of such websites or resources or the content,
products, or services available from such websites or resources. You acknowledge
sole responsibility for and assume all risk arising from your use of any such websites
or resources.
15. LIMITATIONS OF LIABILITY
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ZUTSVI AND ITS SUBSIDIARIES,
AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS WILL NOT BE LIABLE
FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES,
INCLUDING WITHOUT LIMITATION, LOSS OF PROFITS, DATA, USE, GOOD-WILL, OR OTHER INTANGIBLE
LOSSES, RESULTING FROM (i) YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE
THE SERVICES; (ii) ANY CONDUCT OR CONTENT OF ANY THIRD PARTY ON THE SERVICES, INCLUDING
WITHOUT LIMITATION, ANY DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER USERS
OR THIRD PARTIES; (iii) ANY CONTENT OBTAINED FROM THE SERVICES; AND (iv) UNAUTHORIZED
ACCESS, USE OR ALTERATION OF YOUR TRANSMISSIONS OR CONTENT, WHETHER BASED ON WARRANTY,
CONTRACT, TORT (INCLUDING NEGLIGENCE) OR ANY OTHER LEGAL THEORY, WHETHER OR NOT
ZUTSVI HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, AND EVEN IF A REMEDY
SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.
16. Exclusions
Some jurisdictions do not allow the exclusion of certain warranties or the exclusion
or limitation of liability for consequential or incidental damages, so the limitations
above may not apply to you.
Waiver and Severability
These Terms of Use shall be binding upon and inure to the benefit of the parties
hereto and their respective successors and assigns. If any provision of these Terms
of Services is held to be invalid or unenforceable, such provision shall be struck,
and the remaining provisions shall be enforced. Our failure to enforce any provision
of these Terms of Use shall not constitute a waiver of that or any other provision.
These Terms of Use set forth the entire understanding and agreement between you
and us regarding your use of the Site.
18. Controlling Law and Jurisdiction
These Terms and any action related thereto will be governed by the laws of the
State of Texas without regard to or application of its conflict of law provisions
or your state or country of residence. All claims, legal proceedings or litigation
arising in connection with the Services will be brought solely in Travis County,
Texas, and you consent to the jurisdiction of and venue in such courts and waive
any objection as to inconvenient forum. If you are accepting these Terms on behalf
of a United States federal government entity that is legally unable to accept the
controlling law, jurisdiction or venue clauses above, then those clauses do not
apply to you but instead these Terms and any action related thereto will be governed
by the laws of the United States of America (without reference to conflict of laws)
and, in the absence of federal law and to the extent permitted under federal law,
the laws of the State of Texas (excluding choice of law).
These Services are operated and provided by Zutsvi LLC. If you have any questions
about these Terms, please contact us
Effective: January 01, 2012
Archive of Previous Terms
Thoughts or questions about these Terms? Please, let us know
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