Terms of Use
1. CHANGES TO THE TERMS OF USE BY Zapéx
Zapéx may amend these Terms of Use at any time by posting the amended Terms of Use on the Zapéx Services . Any amendment to these Terms of Use will be effective upon posting on the Zapéx Services. Your continued use of the Zapéx Services after any such amendment is posted constitutes your acknowledgement and acceptance of such amendment. If you do not agree to be bound by the updated Terms of Use, then, except as otherwise provided in Section 10, you may not access or otherwise use the Zapéx Services. Because the Zapéx Services are evolving over time we may change or discontinue all or any part of the Zapéx Services, at any time and without notice, at our sole discretion and without liability to you. Zapéx may also impose limits on certain features and services offered on the Zapéx Services or restrict your access to parts or all of the Zapéx Services without notice or liability
2. ACCESS AND USE OF THE Zapéx SERVICES
A.Age Limitations and Restrictions.
The Zapéx Services are not directed to nor intended to be accessed or used by children under the age of 13. If you are under the age of 13, you are not permitted to access, use or register to use the Zapéx Services or to otherwise provide your personal information to Zapéx. If you are at least 13 and under 18 years of age, you may register with Zapéx only if you have the consent of your parent or guardian, in which case your parent or guardian will be required to consent to these Terms of Use on your behalf. Access to Content may be restricted due to age appropriateness. Accessing the Zapéx Services and/or the Content from territories where Zapéx does not offer the Zapéx Services is prohibited.
B.Registration and Your Information.
1.If you want to use certain features of the Zapéx Services you will need to create an account (“Account”). You can do this with your email address via the Zapéx Site or Apps, or using your account with certain third-party social networking services such as Facebook (each, an “SNS Account”). If you choose the SNS Account option, please note that we will create your Account by extracting from your SNS Account certain personal information such as your name and email address and other personal information that your privacy settings on the SNS Account permit us to access.
2.It is important that you provide us with accurate, complete and up-to-date information for your Account and you agree to update such information to keep it accurate, complete and up-to-date. If you do not, we may suspend or terminate your Account. You agree that you will keep your password and Account information secure and that you will not disclose your Account password to anyone else and you will notify us immediately of any unauthorized use of your Account. You are responsible for all inaccuracies in your Account information and all activities that occur under your Account, regardless of whether or not you know about them.
C.Your License.
Subject to your compliance with these Terms of Use, Zapéx grants you a limited, revocable, non-exclusive, non-transferable license, with no right to sublicense, to view and use the Zapéx Services in connection with your permitted use thereof, including accessing and viewing the Content on a streaming-only basis through the Video Player, solely for personal, non-commercial purposes as set forth in these Terms of Use.
D.The Content.
The Content is available for permissible viewing on or through the Zapéx Services.
You may only access and view the Content personally and for a non-commercial purpose in compliance with these Terms of Use. You may not either directly or through the use of any device, software, internet site, web-based service, or other means remove, alter, bypass, avoid, interfere with, or circumvent any copyright, trademark, or other proprietary notices marked on the Content, Zapéx Services or any digital rights management mechanism, device, or other content protection or access control measure associated with the Zapéx Services or the Content, including geo-filtering mechanisms. You may not use technologies to access or use the Zapéx Services or Content from territories where Zapéx does not have rights or does not offer services. You may not either directly or through the use of any device, software, internet site, web-based service, or other means copy, download, stream capture, reproduce, duplicate, archive, distribute, make available, upload, publish, modify, translate, broadcast, perform, display, sell, transmit or retransmit the Zapéx Services or Content unless expressly permitted by Zapéx in writing. You may not incorporate the Content into, or stream or retransmit the Content via, any hardware or software application or make it available via frames or inline links unless expressly permitted by Zapéx in writing. Furthermore, you may not create, recreate, distribute, or advertise an index of any significant portion of the Content unless authorized by Zapéx. You may not seek to develop, build, or otherwise promote a business, product, or service utilizing the Zapéx Services or the Content, whether or not for profit. The Zapéx Services and Content covered by these restrictions includes without limitation any text, graphics, layout, interface, technology, logos, photographs, audio and video materials, and stills. In addition, you are strictly prohibited from creating derivative works or materials that otherwise are derived from or based on in any way the Zapéx Services or the Content, including without limitation montages, mash-ups and similar videos, wallpaper, desktop themes, greeting cards, and merchandise, unless it is expressly permitted by Zapéx in writing. The foregoing prohibitions apply even if you intend to give away the derivative materials free of charge.
E.The Video Player.
You may not modify, enhance, remove, interfere with, or otherwise alter in any way any portion of the Video Player, its underlying technology, any digital rights management mechanism, device, or other content protection or access control measure incorporated into the Video Player. This restriction includes, without limitation, disabling, reverse engineering, modifying, interfering with or otherwise circumventing the Video Player in any manner that enables users to view the Content without: (i) displaying visibly both the Video Player and all surrounding elements (including the graphical user interface, any advertising, copyright notices, and trademarks) of the webpage where the Video Player is located; and (ii) having full access to all functionality of the Video Player, including, without limitation, all video quality and display functionality and all interactive, elective, or click-through advertising functionality.
F.The Apps.
1.Subject to your compliance with these Terms of Use, Zapéx grants you a limited, revocable, non-exclusive, non-transferable license, with no right to sublicense, to download and install a copy of the Apps on a consumer electronics device (e.g., a mobile phone, tablet, television, or computer) that you own or control and to run such single copy solely for your own personal non-commercial purposes on such consumer electronics device.
2.You may not copy an App, except to make a copy for backup or archival purposes. Except as expressly permitted in these Terms of Use, you may not: (1) copy, modify or create derivative works based on the Apps; (2) distribute, transfer, sublicense, lease, lend or rent the Apps to any third party; (3) reverse engineer, decompile or disassemble the Apps; or (4) make the functionality of the Apps available to multiple users through any means. Zapéx reserves all rights in and to the Apps not expressly granted to you under these Terms of Use.
G.Accessing Apps from App Store.
The following terms apply to any App accessed through or downloaded from any app store or distribution platform (like the Apple App Store or Google Play) where the App may now or in the future be made available (each an “App Provider”). You acknowledge and agree that:
1.These Terms of Use are concluded between you and Zapéx, and not with the App Provider, and Zapéx (not the App Provider), is solely responsible for the App.
The App Provider has no obligation to furnish any maintenance and support services with respect to the App.
In the event of any failure of the App to conform to any applicable warranty, you may notify the App Provider, and to the maximum extent permitted by applicable law, the App Provider will have no other warranty obligation whatsoever with respect to the App. Any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty will be the sole responsibility of Zapéx.
The App Provider is not responsible for addressing any claims you have or any claims of any third party relating to the App or your possession and use of the App, including, but not limited to: (1) product liability claims; (2) any claim that the App fails to conform to any applicable legal or regulatory requirement; and (3) claims arising under consumer protection or similar legislation.
5.In the event of any third party claim that the App or your possession and use of that App infringes that third party's intellectual property rights, Zapéx will be solely responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim to the extent required by these Terms of Use.
6.The App Provider, and its subsidiaries, are third-party beneficiaries of these Terms of Use as related to your license to the App, and that, upon your acceptance of the Terms of Use, the App Provider will have the right (and will be deemed to have accepted the right) to enforce these Terms of Use as related to your license of the App against you as a third-party beneficiary thereof.
7.You represent and warrant that (1) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a terrorist-supporting country; and (2) you are not listed on any U.S. Government list of prohibited or restricted parties.
8.You must also comply with all applicable third party terms of service when using the App.
H.Ownership.
As between you and Zapéx, Zapéx and/or Zapéx's licensors exclusively own, control and retain all right, title and interest in and to the Zapéx Services and the Content, including all associated intellectual property rights. You acknowledge that the Zapéx Services, including without limitation the Content, are protected by copyright, trademark, and other laws of the United States and foreign countries. You agree not to remove, alter or obscure any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying the Zapéx Services, including without limitation the Content.
Your Responsibilities and Zapéx's Enforcement Rights.
You can access and use the Zapéx Services and Content for lawful personal, non-commercial, and appropriate purposes only. You agree not to engage in any conduct that:
- violates the rights of others, including patent, trademark, trade secret, copyright, moral rights or other intellectual property rights, or rights of privacy, publicity, or other proprietary rights, harasses or harms another individual, impersonates any person or entity, or otherwise misrepresents yourself or your affiliation with any person or entity; or (2) is fraudulent, false, misleading or deceptive;
- uses technology or other means to access, index, frame, search or link to the Zapéx Services (including the Content) that is not authorized by Zapéx; remove, avoid, deactivate, descramble disable, bypass, or circumvent any technological measure implemented by Zapéx or any of Zapéx's providers or any other third party (including another user) to protect Zapéx Services, including without limitation content protection or access control mechanisms intended to prevent the unauthorized download, stream capture, linking, framing, reproduction, access to, or distribution of the Zapéx Services;
- accesses, tampers with, or uses non-public areas of the Zapéx Services, Zapéx's computer systems, or the technical delivery systems of Zapéx's providers;
- involves accessing the Zapéx Services (including the Content) through any automated means, including “robots,” “spiders,” or “offline readers” (other than by individually performed searches on publicly accessible search engines for the sole purpose of, and solely to the extent necessary for, creating publicly available search indices - but not caches or archives - of the Zapéx Services, excluding those search engines or indices that host, promote, or link primarily to infringing or unauthorized content);
- uses any meta tags or other hidden text or metadata utilizing a Zapéx trademark, logo URL or product name without Zapéx's express written consent
- access the Zapéx Services, including without limitation Content, or any portion thereof, for any commercial purpose or for the benefit of any third party or in any manner not permitted by these Terms of Use;
- deciphers, decompiles, disassembles or reverse engineers any of the software used to provide the Zapéx Services;
- interferes with the access of any user, host or network, including, without limitation, by sending a virus, overloading, flooding, spamming, or mail-bombing the Zapéx Services;
- introduces viruses or any other computer code, files, or programs that interrupt, destroy, or limit the functionality of any computer software or hardware or telecommunications equipment;
- damages, disables, overburdens, impairs, or gains unauthorized access to the Zapéx Services, including Zapéx's servers, computer network, or user accounts;
- removes, modifies, disables, blocks, obscures or otherwise impairs any advertising in connection with the Zapéx Services (including the Content);
- uses the Zapéx Services to advertise or promote services that are not expressly approved in advance in writing by Zapéx;
- probe, scan or test the vulnerability of any Zapéx system or network or breach any security or authentication measures;
- collects or stores personally identifiable information from Zapéx Services without Zapéx's authorization;
- violates, or encourages conduct that would violate, any applicable law or regulation, constitute a criminal offense or give rise to civil liability;
- violates these Terms of Use or any guidelines or policies posted by Zapéx;
- interferes with any other party's use and enjoyment of the Zapéx Services;
- encourages or enables any other individual to do any of the foregoing or attempts to do any of the foregoing.
We have the right to investigate violations of these Terms of Use or conduct or activity that may affect the Zapéx Services. We may also consult and cooperate with law enforcement authorities to prosecute users who violate the law.
If Zapéx determines in its sole discretion that you are violating any of these Terms of Use, we may (i) notify you, (ii) use technical measures to block or restrict your access or use of the Zapéx Services, (iii) suspend or terminate your Account or access to the Zapéx Services and Content, and/or (iv) use any other available legal or equitable remedy. In either case, you agree to immediately stop accessing or using in any way (or attempting to access or use) the Zapéx Services and Content, and you agree not to circumvent, avoid, or bypass such restrictions, or otherwise restore or attempt to restore such access or use.
J.No Spam/Unsolicited Communications.
We know how annoying and upsetting it can be to receive unwanted email or instant messages from people you do not know. Therefore, no one may use the Zapéx Services to provide personal information or otherwise collect information about users for the purpose of sending, or to facilitate or encourage the sending of, unsolicited bulk or other communications. You understand that we may take any technical remedies to prevent spam or unsolicited bulk or other communications from entering, utilizing, or remaining within our computer or communications networks. If you Post or otherwise send spam, advertising, or other unsolicited communications of any kind through the Zapéx Services, you acknowledge that you will have caused substantial harm to Zapéx and that the amount of such harm would be extremely difficult to measure. As a reasonable estimation of such harm, you agree to pay Zapéx $50 for each such unsolicited communication you send through the Zapéx Services.
K.Downloads.
In order to participate in certain Zapéx Services or access certain Content, you may be notified that it is necessary to download software or other materials or agree to additional terms and conditions. Unless otherwise provided by these additional terms and conditions, they are hereby incorporated into these Terms of Use.
I.Suspension/Discontinuation.
We hope not to, but we may change, suspend, or discontinue - temporarily or permanently - some or all of the Zapéx Services (including the Content and the devices through which the Zapéx Services are accessed), with respect to any or all users, at any time without notice. You acknowledge that Zapéx may do so in Zapéx's sole discretion. You also agree that Zapéx will not be liable to you for any modification, suspension, or discontinuance of the Zapéx Services.
M.Internet Access Charges.
You are responsible for any costs you incur to access the internet.
N.Customer Service; Availability.
If we can be of help to you, please do not hesitate to contact our customer service department by visiting our customer service web page on zapexapk.com. You acknowledge that from time to time the Zapéx Services may be inaccessible or inoperable for any reason, including, without limitation:
(i) equipment malfunctions;
(ii) periodic maintenance procedures or repairs which Zapéx may undertake from time to time;
(iii) causes beyond the control of Zapéx or which are not reasonably foreseeable by Zapéx.
PRIVACY POLICY.
Use of the Zapéx Services is also governed by the Zapéx, which is incorporated into and is a part of these Terms of Use by this reference. You acknowledge and agree that your access or use of Zapéx Services or Content is also subject to our Privacy Policy.
USER MATERIAL.
Any licenses you have previously granted to Zapéx and/or Zapéx's users to the reviews, comments, or other materials (collectively, “User Material”) you may have published, transmitted, submitted, or posted (collectively, “Post”) to Zapéx Services continue under these Terms of Use. Further, any representations and warranties that you own the User Material or otherwise have the right to grant the license to your User Materials that you hereby grant to Zapéx, and that the Posting of your User Material does not violate any right of any party, including privacy rights, publicity rights, and intellectual property rights, continue to be valid and have full effect. In addition, you agree to pay for all royalties, fees, and other payments owed to any party by reason of your Posting User Material. Zapéx continues to disclaim any guarantees of confidentiality with respect to any User Material.
Third Party Posts.
You agree to waive any legal or equitable rights or remedies you may have against Zapéx with respect to User Material provided by other users. You acknowledge that Posts are public and Zapéx cannot guarantee the accuracy or security of any information provided through such Posts; you access and make such disclosures at your own risk. Zapéx is not responsible for the content or accuracy of any information contained in a Post, and shall not be responsible for any decisions made based on such information. Zapéx prohibits disclosing any inappropriate content or information, personal or sensitive information on or through the Zapéx Services.
5. LINKED DESTINATIONS AND ADVERTISING.
Third Party Destinations.
The Zapéx Services (including the Apps) may contain links to third-party websites or resources, or destinations. You will not infer or assume that Zapéx endorses, operates, controls, is responsible for or is connected with these or other third-party websites, resources or destinations, even if they link to Zapéx Services and even if such websites, resources, or destinations are operated by a person (including legal entity) affiliated or otherwise connected with Zapéx. We provide these links only as a convenience and are not responsible for the content, products or services on or available from those websites, resources, and destinations or links displayed on such websites. You acknowledge sole responsibility for and assume all risk arising from, your use of any third-party websites, resources, and destinations, and release Zapéx from any responsibility and liability to you for any content or other materials hosted and served from any such websites, resources, or destination. These Terms of Use do not govern your use of any other websites, resources, or destinations.
Advertisements.
Zapéx is not responsible for advertisements or any third party material posted on any of the Zapéx Services, nor is Zapéx responsible for the products or services provided by advertisers. Any dealings you have with advertisers found while using the Zapéx Services are between you and the advertiser, and you agree that Zapéx is not liable for any loss or claim that you may have against an advertiser.
TRADEMARKS.
Zapéx, the Zapéx logo, and other Zapéx marks, graphics, logos, scripts, and sounds are trademarks, registered or otherwise, and trade dress of Zapéx, Inc.. You may not copy, download or exploit any of the Zapéx trademarks.
FEEDBACK.
It is Zapéx's policy not to accept unsolicited submissions, including scripts, story lines, articles, fan fiction, characters, drawings, information, suggestions, ideas, or concepts (“Unsolicited Submissions”). Zapéx's policy is to delete any such submission without reading it. Therefore, any similarity between an Unsolicited Submission and any elements in any Zapéx creative work, including a film, series, story, title, or concept, would be purely coincidental. We welcome feedback, comments and suggestions for improvements to the Zapéx Services (“Feedback”). You can submit Feedback by emailing us at [email protected]. You grant to us a non-exclusive, worldwide, perpetual, irrevocable, fully-paid, royalty-free, sublicensable and transferable license under any and all intellectual property rights that you own or control to use, copy, modify, create derivative works based upon and otherwise exploit the Feedback for any purpose.
8. DISCLAIMER OF WARRANTIES, LIMITATION OF LIABILITY, AND INDEMNITY
THE Zapéx SERVICES AND CONTENT ARE PROVIDED “AS-IS” AND “AS AVAILABLE.” Zapéx DOES NOT GUARANTEE OR PROMISE ANY SPECIFIC RESULTS FROM USE OF OR CONTINUOUS AVAILABILITY OF THE Zapéx SERVICES OR CONTENT. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, Zapéx EXPRESSLY DISCLAIMS ANY WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT, AND WARRANTIES IMPLIED FOR A COURSE OF PERFORMANCE OR COURSE OF DEALING. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, Zapéx MAKES NO WARRANTY THAT YOUR USE OF THE Zapéx SERVICES OR CONTENT WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE, THAT DEFECTS TO THE Zapéx SERVICES OR CONTENT WILL BE CORRECTED, THAT THE Zapéx SERVICES, CONTENT OR THE SERVERS ON WHICH THEY ARE AVAILABLE WILL BE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT ANY INFORMATION OBTAINED BY YOU ON, THROUGH OR IN CONNECTION WITH THE Zapéx SERVICES OR THIRD PARTY SERVICES (INCLUDING, BUT NOT LIMITED TO, THROUGH USER CONTENT OR THIRD PARTY ADVERTISEMENTS) WILL BE ACCURATE, RELIABLE, TIMELY OR COMPLETE. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, Zapéx WILL NOT BE RESPONSIBLE FOR ANY LOSS OR DAMAGE (INCLUDING BUT NOT LIMITED TO LOSS OF DATA, PROPERTY DAMAGE, PERSONAL INJURY OR DEATH) RESULTING FROM USE OF THE Zapéx SERVICES, CONTENT, PROBLEMS OR TECHNICAL MALFUNCTION IN CONNECTION WITH USE OF THE Zapéx SERVICES, CONTENT, ATTENDANCE AT A Zapéx EVENT, ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED IN CONNECTION WITH THE Zapéx SERVICES OR CONTENT, ANY USER CONTENT, ANY THIRD PARTY ADVERTISEMENT OR THIRD PARTY SERVICE TRANSMITTED ON, THROUGH OR IN CONNECTION WITH THE Zapéx SERVICES, OR THE CONDUCT OF ANY USERS OF THE Zapéx SERVICES OR CONTENT, WHETHER ONLINE OR OFFLINE. YOUR USE OF POSTS, THIRD PARTY ADVERTISEMENTS, THIRD PARTY SERVICES, AND THE GOODS OR SERVICES PROVIDED BY ANY THIRD PARTIES IS SOLELY YOUR RESPONSIBILITY AND AT YOUR OWN RISK.
YOU ACKNOWLEDGE AND AGREE THAT YOUR USE OF THE Zapéx SERVICES AND CONTENT, AND ANY INFORMATION TRANSMITTED OR RECEIVED IN CONNECTION THEREWITH, MAY NOT BE SECURE AND MAY BE INTERCEPTED BY UNAUTHORIZED PARTIES. YOU ASSUME RESPONSIBILITY, TO THE FULLEST EXTENT ALLOWED BY APPLICABLE LAW, FOR THE ENTIRE COST OF ANY MAINTENANCE, REPAIR OR CORRECTION TO YOUR COMPUTER SYSTEM OR OTHER PROPERTY OR RECOVERY OR RECONSTRUCTION OF LOST DATA NECESSITATED BY YOUR USE OF THE Zapéx SERVICES.
LIMITATION OF LIABILITY
NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, Zapéx'S LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO Zapéx FOR THE Zapéx SERVICES AND CONTENT DURING THE TERM OF YOUR USE OF THE Zapéx SERVICES. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, Zapéx WILL NOT BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DAMAGES OTHER THAN THE AMOUNT PAID, IF ANY, BY YOU TO Zapéx FOR THE Zapéx SERVICES DURING THE TERM OF YOUR USE OF THE Zapéx SERVICES, INCLUDING ANY OTHER GENERAL, DIRECT, INDIRECT, COMPENSATORY, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, AND INCLUDING, WITHOUT LIMITATION, LOST PROFIT DAMAGES ARISING FROM YOUR USE OF OR INABILITY TO ACCESS OR USE THE Zapéx SERVICES OR CONTENT.
YOU ACKNOWLEDGE AND AGREE THAT ANY DAMAGES YOU INCUR ARISING OUT OF Zapéx'S ACTS OR OMISSIONS OR YOUR USE OF Zapéx SERVICES OR CONTENT ARE NOT IRREPARABLE AND ARE INSUFFICIENT TO ENTITLE YOU TO AN INJUNCTION OR OTHER EQUITABLE RELIEF RESTRICTING THE AVAILABILITY OF OR ANY PERSON'S ABILITY TO ACCESS OR USE ANY PORTION OF THE Zapéx SERVICES OR CONTENT.
THE LIMITATIONS IN THIS SECTION APPLY WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR ANY OTHER BASIS, EVEN IF Zapéx HAS BEEN ADVISED OF THE POSSIBILITY OF ANY SUCH DAMAGES.
INDEMNITY
YOU AGREE TO INDEMNIFY AND HOLD Zapéx, ITS AFFILIATES, STATIONS AFFILIATED WITH Zapéx, PRODUCERS OF CONTENT, EACH ADVERTISER, SPONSOR AND THEIR ADVERTISING AGENCIES, SUBCONTRACTORS AND OTHER PARTNERS, AND THEIR RESPECTIVE OFFICERS, AGENTS, PARTNERS AND EMPLOYEES, HARMLESS FROM ANY LOSS, LIABILITY, CLAIM, OR DEMAND, INCLUDING, BUT NOT LIMITED TO, REASONABLE ATTORNEYS' FEES, MADE BY ANY THIRD PARTY DUE TO OR ARISING OUT OF OR IN CONNECTION WITH YOUR USE OR MISUSE OF THE CONTENT OR THE Zapéx SERVICES (INCLUDING, WITHOUT, LIMITATION, ANY USE OF YOUR ACCOUNT, WHETHER OR NOT AUTHORIZED BY YOU), YOUR BREACH OF THESE TERMS OF USE, YOUR VIOLATION OF ANY RIGHTS OF ANOTHER, OR ANY CONTENT THAT YOU TRANSMIT THROUGH THE Zapéx SERVICES.
NOTICE AND PROCEDURE FOR CLAIMS OF COPYRIGHT INFRINGEMENT.
We respect copyright law. If have any legal questions, please contact email: [email protected]
TERMINATION.
We may terminate your access to and use of the Zapéx Services, at our sole discretion, at any time and without notice to you. Without limiting the forgoing, we may, at our sole discretion, without notice to you, terminate or restrict your Account or your use of the Zapéx Services, including the Content, or any portion thereof, at any time, without liability, if Zapéx determines in its sole discretion that you have breached these Terms of Use, violated any law, rule, or regulation, engaged in other inappropriate conduct, place an undue burden on our networks or servers or for any other business reason or no reason. We may further use technology to limit activities, such as the number of calls to the Zapéx servers being made, and you agree to respect these limitations and not take any steps to circumvent, avoid, or bypass them.
You may cancel your Account via the functionality provided in Zapéx Services.
11. GENERAL INFORMATION
Export Controls.
Software and the transmission of applicable technical data, if any, in connection with the Zapéx Services are subject to export controls. You agree to comply with all applicable laws regarding software and the transmission of technical data exported from the India or the country in which you reside.
Choice of Law and Forum.
These Terms of Use are governed by, and construed in accordance with, the laws of the State of Delaware, without regard to its conflict of law provisions.
Except with respect to Disputes to be resolved through an arbitration process in accordance with the Arbitration Agreement contained above, you and Zapéx agree to submit to the exclusive jurisdiction of the courts located in Delaware to resolve any Dispute arising out of the Agreement or the Zapéx Services. YOU HEREBY KNOWINGLY, VOLUNTARILY AND INTENTIONALLY WAIVE ANY RIGHT YOU MAY HAVE TO A TRIAL BY JURY IN RESPECT OF ANY LITIGATION (INCLUDING, BUT NOT LIMITED TO, ANY CLAIMS, COUNTERCLAIMS, CROSS-CLAIMS, OR THIRD PARTY CLAIMS) ARISING OUT OF, UNDER OR IN CONNECTION WITH THIS AGREEMENT.
YOU AGREE THAT ANY CAUSE OF ACTION YOU MAY HAVE ARISING OUT OF OR RELATED TO THIS AGREEMENT, THE Zapéx SERVICES, OR CONTENT MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER SUCH CAUSE OF ACTION ACCRUES. AFTER SUCH PERIOD, SUCH CAUSE OF ACTION SHALL BE PERMANENTLY BARRED.
No Waiver/Reliance. If you see other parties violating these Terms of Use, you may let us know with email : [email protected]. You may not rely upon Zapéx's response with respect to one party or one situation as any indication of what Zapéx might do with respect to another party or another situation, even if the parties or situations appear to you to be similar. Similarly, if we fail to act in response to a violation of these Terms of Use, you should not assume that we do not object to the violation or even that we are aware of it. In addition, you may not construe a waiver of any provision of these Terms of Use with respect to any party as a waiver of that provision (or any other provision) with respect to either that party or any other party. Further, Zapéx's decision to delay exercising or enforcing any right or remedy under these Terms of Use will not constitute a waiver of such right or remedy. Even if Zapéx acts in a way that appears to you to be inconsistent with these Terms of Use, Zapéx's action will not be deemed a waiver or constructive amendment of these Terms of Use. Zapéx's failure to enforce any right or provision of these Terms of Use will not be considered a waiver of such right or provision. The waiver of any such right or provision will be effective only if in writing and signed by a duly authorized representative of Zapéx. Except as expressly set forth in these Terms of Use, the exercise by either party of any of its remedies under these Terms of Use will be without prejudice to its other remedies under these Terms of Use or otherwise.
Integration, Amendment, and Severability.
Please note that these Terms of Use, including any end user license agreement that might accompany Zapéx authorized applications, features and devices, constitute the entire legal agreement between you and Zapéx and govern your use of the Zapéx Services (including your use of the Content) (but excludes any services, if any, that Zapéx may provide to you under a separate signed written agreement), and completely replace any prior oral or written understandings or agreements between you and Zapéx in relation to the Zapéx Services, including Content. Except as set forth in Section 1 above, these Terms of Use may not be amended or varied except in a writing signed by Zapéx. Although we understand that electronic or digital signatures are frequently viewed as the equivalent of traditional written signatures these days, for these purposes, a signature or “signed” writing or written agreement may not include an electronic or digital signature. These Terms of Use operate to the fullest extent permissible by law. If any provision of these Terms of Use is held to be unlawful, void, or unenforceable, you and we agree that the provision will be enforced to the maximum extent permissible and the other provisions of these Terms of Use will remain in full force and effect.
Assignment.
You may not assign or transfer these Terms of Use, by operation of law or otherwise, without Zapéx's prior written consent. Any attempt by you to assign or transfer these Terms of Use, without such consent, will be null. Zapéx may freely assign or transfer these Terms of Use without restriction. Subject to the foregoing, these Terms of Use will bind and inure to the benefit of the parties, their successors and permitted assigns
Notices.
Any notices or other communications provided by Zapéx under these Terms of Use, including those regarding modifications to these Terms of Use, will be given:
(i) via email;
(ii) by posting to the Services. For notices made by e-mail, the date of receipt will be deemed the date on which such notice is transmitted.
Contact.
You have any questions about these Terms of Use, please contact Company at [email protected]