Basic Terms of Conduct
- You may not post violent, nude, partially nude, discriminatory, unlawful, infringing, hateful, pornographic or sexually suggestive photos or other content via the Application.
- You are responsible for any activity that occurs through your account and you agree you will not sell, transfer, license or assign your account, followers, username, or any account rights. With the exception of people or businesses that are expressly authorized to create accounts on behalf of their employers or clients, ZiMAD prohibits the creation of and you agree that you will not create an account for anyone other than yourself. You also represent that all information you provide or provided to ZiMAD upon registration and at all other times will be true, accurate, current and complete and you agree to update your information as necessary to maintain its truth and accuracy.
- You agree that you will not solicit, collect or use the login credentials of other users of the Application.
- You must not defame, stalk, bully, abuse, harass, threaten, impersonate or intimidate people or entities and you must not post private or confidential information via the Application, including, without limitation, your or any other person’s credit card information, social security or alternate national identity numbers, non-public phone numbers or non-public email addresses.
- You may not use the Application for any illegal or unauthorized purpose. You agree to comply with all laws, rules and regulations (for example, federal, state, local and provincial) applicable to your use of the Application and your Content (defined below), including but not limited to, copyright laws.
- You are solely responsible for your conduct and any data, text, files, information, usernames, images, graphics, photos, profiles, audio and video clips, sounds, musical works, works of authorship, applications, links and other content or materials (collectively, “Content”) that you submit, post or display on or via the Application.
- You must not create or submit unwanted email, comments, likes or other forms of commercial or harassing communications (a/k/a “spam”) to any Magic Color by Number
- You must not create accounts with the Application through unauthorized means, including but not limited to, by using an automated device, script, bot, spider, crawler or scraper.
- We reserve the right to modify or terminate the Application or your access to the Application for any reason, without notice, at any time, and without liability to you. If we terminate your access to the Application, your photos, comments, likes, friendships, and all other data will no longer be accessible through your account, but those materials and data may persist and appear within the Application.
- We reserve the right to refuse access to the Application to anyone for any reason at any time.
- You are solely responsible for your interaction with other users of the Application, whether online or offline. You agree that ZiMAD is not responsible or liable for the conduct of any user. ZiMAD reserves the right, but has no obligation, to monitor or become involved in disputes between you and other users. Exercise common sense and your best judgment when interacting with others, including when you submit or post Content or any personal or other information.
- Functionality on the Application may also permit interactions between the Application and a third-party web site or feature. For example, the Application may include a feature that enables you to share Content from the Application or your Content with a third party, which may be publicly posted on that third party’s service or application. Using this functionality typically requires you to login to your account on the third-party service and you do so at your own risk. ZiMAD does not control any of these third-party web services or any of their content. You expressly acknowledge and agree that ZiMAD is in no way responsible or liable for any such third-party services or features.
- You agree that you are responsible for all data charges you incur through use of the Application.
- Any applicable refunds will be processed by ZiMAD in accordance with the rules of the marketplace where you’ve made a purchase.
- Some of the Application is supported by advertising revenue and may display advertisements and promotions, and you hereby agree that ZiMAD may place such advertising and promotions in the Application or on, about, or in conjunction with your Content. The manner, mode and extent of such advertising and promotions are subject to change without specific notice to you.
- You represent and warrant that:
- the posting and use of your Content on or through the Application does not violate, misappropriate or infringe on the rights of any third party, including, without limitation, privacy rights, publicity rights, copyrights, trademark and/or other intellectual property rights;
- you agree to pay for all royalties, fees, and any other monies owed by reason of Content you post on or through the Application;
- The Application contains content owned or licensed by ZiMAD (“ZiMAD Content”). ZiMAD Content is protected by copyright, trademark, patent, trade secret and other laws, and, as between you and ZiMAD, ZiMAD owns and retains all rights in the ZiMAD Content and the Application. You will not remove, alter or conceal any copyright, trademark, application mark or other proprietary rights notices incorporated in or accompanying the ZiMAD Contentand you will not reproduce, modify, adapt, prepare derivative works based on, perform, display, publish, distribute, transmit, broadcast, sell, license or otherwise exploit the ZiMAD Content.
- Although it is ZiMAD’sintention for the Application to be available as much as possible, there will be occasions when the Application may be interrupted, including, without limitation, for scheduled maintenance or upgrades, for emergency repairs, or due to failure of telecommunications links and/or equipment. Also, ZiMAD reserves the right to remove any Content from the Application for any reason, without prior notice. Content removed from the Application may continue to be stored by ZiMAD, including, without limitation, in order to comply with certain legal obligations, but may not be retrievable without a valid court order. Consequently, ZiMAD encourages you to maintain your own backup of your Content. In other words, Magic Color by Number is not a backup service and you agree that you will not rely on the Application for the purposes of Content backup or storage. ZiMAD will not be liable to you for any modification, suspension, or discontinuation of the Application, or the loss of any Content. You also acknowledge that the Internet may be subject to breaches of security and that the submission of Content or other information may not be secure.
Disclaimer of Warranties
- The Application, including, without limitation, Magic Color by Numbercontent, is provided on an “as is”, “as available” and “with all faults” basis. To the fullest extent permissible by law, neither ZiMAD nor any of their employees, managers, officers or agents (collectively, the “ZiMAD Parties”) make any representations or warranties or endorsements of any kind whatsoever, express or implied, as to: (a) the Application; (b) the Magic Color by Number Content; (c) user Content; or (d) security associated with the transmission of information to ZiMAD or via the Application. In addition, the ZiMAD Parties hereby disclaim all warranties, express or implied, including, but not limited to, the warranties of merchantability, fitness for a particular purpose, non-infringement, title, custom, trade, quiet enjoyment, system integration and freedom from computer virus.
- By accessing or using the Application you represent and warrant that your activities are lawful in every jurisdiction where you access or use the Application.
- The ZiMAD Partiesdo not endorse Content and specifically disclaim any responsibility or liability to any person or entity for any loss, damage (whether actual, consequential, punitive or otherwise), injury, claim, liability or other cause of any kind or character based upon or resulting from any Content.
Limitation of Liability; Waiver
- Under no circumstances will the ZiMAD Partiesbe liable to you for any loss or damages of any kind (including, without limitation, for any direct, indirect, economic, exemplary, special, punitive, incidental or consequential losses or damages) that are directly or indirectly related to:
- the Application;
- the Magic Color by Numbercontent;
- user Content;
- your use of, inability to use, or the performance of the Application;
- any action taken in connection with an investigation by the ZiMAD Partiesor law enforcement authorities regarding your or any other party’s use of the Application;
- any action taken in connection with copyright or other intellectual property owners;
- any errors or omissions in the Application’s operation;
- any damage to any user’s computer, mobile device, or other equipment or technology including, without limitation, damage from any security breach or from any virus, bugs, tampering, fraud, error, omission, interruption, defect, delay in operation or transmission, computer line or network failure or any other technical or other malfunction, including, without limitation, damages for lost profits, loss of goodwill, loss of data, work stoppage, accuracy of results, or computer failure or malfunction, even if foreseeable or even if the ZiMAD Partieshave been advised of or should have known of the possibility of such damages, whether in an action of contract, negligence, strict liability or tort (including, without limitation, whether caused in whole or in part by negligence, acts of god, telecommunications failure, or theft or destruction of the application).
- In no event will the ZiMAD Partiesbe liable to you or anyone else for loss, damage or injury, including, without limitation, death or personal injury. Some states do not allow the exclusion or limitation of incidental or consequential damages, so the above limitation or exclusion may not apply to you. In no event will the ZiMAD Parties total liability to you for all damages, losses or causes or action exceed one hundred united states dollars ($100.00).
- You agree that in the event you incur any damages, losses or injuries that arise out of ZiMAD’s acts or omissions, the damages, if any, caused to you are not irreparable or sufficient to entitle you to an injunction preventing any exploitation of any web site, service, property, product or other content owned or controlled by the ZiMAD Parties, and you will have no rights to enjoin or restrain the development, production, distribution, advertising, exhibition or exploitation of any web site, property, product, service, or other content owned or controlled by the ZiMAD Parties.
- By accessing the Application, you understand that you may be waiving rights with respect to claims that are at this time unknown or unsuspected, and in accordance with such waiver, you acknowledge that you have read and understand, and hereby expressly waive, the benefits of section 1542 of the civil code of California, and any similar law of any state or territory, which provides as follows: “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.”
- ZiMAD is not responsible for the actions, content, information, or data of third parties, and you release us, our directors, officers, employees, and agents from any claims and damages, known and unknown, arising out of or in any way connected with any claim you have against any such third parties.
- You (and also any third party for whom you operate an account or activity in the Application) agree to defend (at ZiMAD’s request), indemnify and hold the ZiMAD Partiesharmless from and against any claims, liabilities, damages, losses, and expenses, including without limitation, reasonable attorney’s fees and costs, arising out of or in any way connected with any of the following (including as a result of your direct activities in the Application or those conducted on your behalf):
- your Content or your access to or use of the Application;
- your violation of any third-party right, including without limitation, any intellectual property right, publicity, confidentiality, property or privacy right;
- your violation of any laws, rules, regulations, codes, statutes, ordinances or orders of any governmental and quasi-governmental authorities, including, without limitation, all regulatory, administrative and legislative authorities;
- any misrepresentation made by you.
- You will cooperate as fully required by ZiMAD in the defense of any claim. ZiMAD reserves the right to assume the exclusive defense and control of any matter subject to indemnification by you, and you will not in any event settle any claim without the prior written consent of ZiMAD.
Governing Law & Venue
- The information provided within the Application is not intended for distribution to or use by any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation or which would subject ZiMAD to any registration requirement within such jurisdiction or country. We reserve the right to limit the availability of the Application or any portion of the Application, to any person, geographic area, or jurisdiction, at any time and in our sole discretion, and to limit the quantities of any content, program, product, service or other feature that ZiMAD provides.
- Software related to or made available by the Application may be subject to United States export controls. Thus, no software from the Application may be downloaded, exported or re-exported: (a) into (or to a national or resident of) any country to which the United States has embargoed goods; or (b) to anyone on the U.S. Treasury Department’s list of Specially Designated Nationals or the U.S. Commerce Department’s Table of Deny Orders. By downloading any software related to the Application, you represent and warrant that you are not located in, under the control of, or a national or resident of, any such country or on any such list.