TERMS OF USE
PLEASE READ THIS AGREEMENT CAREFULLY BEFORE USING THESE SITES.
BY USING THESE SITES, YOU AGREE TO THE TERMS OF THIS AGREEMENT.
- OWNERSHIP OF MATERIALS: All Materials and Services on these sites are provided by ZaPaFlY unless indicated otherwise. All intellectual property rights in the Materials and Services (including copyrights, trademarks, service marks, trade secrets and patents) are the property of ZaPaFlY. ZaPaFlY retains all copyrights in the individual pages, and their components, and collective works available at the Sites.
The Materials and Services are copyrighted and are protected by federal and worldwide copyright laws and treaty provisions. They may not be copied, reproduced, modified, published, uploaded, posted, transmitted, performed, or distributed in any way, without ZaPaFlYs prior written permission.
The ZaPaFlY logo is the property of ZaPaFlY. All other names and trademarks are the property of their respective holders.
- MEMBERSHIP: The ZaPaFlY tools are made available for free on our website. Membership is granted to users on an individual basis for an annual fee. Such users are not authorized to share membership with third parties. You are not permitted to share your account with other individuals. Membership is subject to the following restrictions: You may not: (a) modify the Materials or Services or use them for any commercial purpose or any public display, performance, sale or rental; (b) decompile, reverse engineer, or disassemble software, Materials or Services; (c) remove any copyright or other proprietary notices from the Materials or Services; (d) transfer the Materials to another person. You agree to prevent any unauthorized copying of the Materials or Services.
- SECURITY: Certain pages on these sites may be accessed only by use of an e-mail address, password or other code. You are solely responsible for all uses of the Sites with your e-mail address or any passwords and codes (collectively, "IDs") assigned to or selected by you. You agree to immediately notify ZaPaFlY of any unauthorized use of Your IDs.
- CONDITIONS OF SALE, PAYMENT TERMS AND TAXES: To purchase any Materials or Services on these sites, You must be at least eighteen (18) years of age or the applicable state age of majority. Prior to the purchase of any goods or services on these sites, You must provide us with payment in one of the forms specified on the Sites. Your are responsible for paying any governmental taxes imposed on Your purchases including, but not limited to, sales, use or value-added taxes. ZaPaFlY shall automatically charge and withhold the applicable sales tax for orders to be delivered to localities that it deems is required.
- MODIFICATION TO PRICES OR BILLING TERMS: ZaPaFlY RESERVES THE RIGHT, AT ANY TIME, TO CHANGE ITS PRICES AND BILLING METHODS FOR MATERIALS OR SERVICES SOLD, EFFECTIVE IMMEDIATELY UPON POSTING ON THE SITES OR BY E-MAIL DELIVERY TO YOU.
- GENERAL DISCLAIMERS: THE MATERIALS AND SERVICES AVAILABLE ON THESE SITES ARE PROVIDED "AS IS" WITHOUT ANY EXPRESS OR IMPLIED WARRANTY OF ANY KIND, INCLUDING WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT OF INTELLECTUAL PROPERTY, FITNESS FOR ANY PARTICULAR PURPOSE, OR WARRANTIES ARISING BY COURSE OF DEALING OR CUSTOM OR TRADE. IN NO EVENT SHALL ZaPaFlY, ITS PARENTS, SUBSIDIARIES, AFFILIATES AND THEIR RESPECTIVE MEMBERS, DIRECTORS, OFFICERS, EMPLOYEES, STOCKHOLDERS AND AGENTS BE LIABLE TO YOU OR ANY OTHER ENTITY FOR ANY DAMAGES, INCLUDING BUT NOT LIMITED TO DIRECT, COMPENSATORY, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY OR PUNITIVE DAMAGES (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, BUSINESS INTERRUPTION, LOSS OF INFORMATION AND LOSS OF BUSINESS OPPORTUNITIES) ARISING OUT OF OR RELATING TO (1) THE USE OF OR INABILITY TO USE THE MATERIALS OR SERVICES, OR (2) RELIANCE ON THE CONTENT, MATERIALS OR SERVICES; OR (3) ERRORS, INACCURACIES, OMISSIONS, DEFECTS, UNTIMELINESS, SECURITY BREACHES, OR (4) ANY OTHER FAILURE TO PERFORM BY ZaPaFlY OR ZaPaFlYs CONTENT PROVIDERS.) THE FOREGOING SHALL APPLY REGARDLESS OF WHETHER ZaPaFlY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. ZaPaFlY ALSO MAKES NO REPRESENTATIONS OR WARRANTIES THAT YOUR ACCESS TO AND USE OF THE SITES, MATERIALS OR SERVICES (1) WILL BE UNINTERRUPTED OR ERROR-FREE, (2) IS FREE OF VIRUSES, UNAUTHORIZED CODE, OR OTHER HARMFUL COMPONENTS, (3) IS SECURE, OR (4) WILL MEET YOUR SATISFACTION. YOU ARE RESPONSIBLE FOR TAKING ALL PRECAUTIONS YOU BELIEVE NECESSARY OR ADVISABLE TO PROTECT YOU AGAINST ANY CLAIM, DAMAGE, LOSS OR HAZARD THAT MAY ARISE BY VIRTUE OF YOUR USE OF THE SITES. Because some jurisdictions may not permit some or all of these disclaimers and limitations, the above limitations may not apply to You. ZaPaFlY may make changes to the Materials or
Services, or to the products described therein, at any time without notice. ZaPaFlY makes no commitment to update the Materials or Services.
Any description of Materials or Services is not a representation that any such Materials or Services are available for sale, use or distribution in Your location. ZaPaFlY may remove any Materials or Services from these sites at any time.
- INDEMNITY: You agree to defend, indemnify and hold ZaPaFlY, its parents, subsidiaries, affiliates and their respective members, directors, officers, employees, stockholders and agents harmless against any losses, expenses, costs or damages (including ZaPaFlYs reasonable attorneys fees and other reasonable costs of litigation) arising from, incurred as a result of, or in any manner related to (1) Your breach of this Agreement, (2) Your unauthorized or unlawful use of the Sites, the Materials or the Services, or (3) the unauthorized or unlawful use of the Sites by any other person using Your IDs.
- LIMITATION OF LIABILITY: IF, NOTWITHSTANDING THE OTHER TERMS OF THIS AGREEMENT, ZaPaFlY SHOULD HAVE ANY LIABILITY TO YOU OR ANY THIRD PARTY FOR ANY LOSS, HARM OR DAMAGE, YOU AND ZaPaFlY AGREE THAT SUCH LIABILITY SHALL UNDER NO CIRCUMSTANCES EXCEED THE LESSER OF $1,000 OR THE FEES YOU PAID ZaPaFlY DURING THE YEAR IMMEDIATELY PRECEDING THE DAY THE ACT OR OMISSION OCCURRED THAT GAVE RISE TO YOUR CLAIM. YOU AND ZaPaFlY AGREE THAT THE FOREGOING LIMITATION OF LIABILITY IS AN AGREED ALLOCATION OF RISK BETWEEN YOU AND ZaPaFlY. YOU ACKNOWLEDGE THAT, ABSENT YOUR AGREEMENT TO THIS LIMITATION OF LIABILITY, ZaPaFlY WOULD NOT PROVIDE THE SITES TO YOU.
- USER SUBMISSIONS: Unless otherwise agreed in writing prior to Your submission and except as set forth in the Privacy Policy incorporated herein by reference, any material, information, automated queries, or other communication You transmit or post to these sites ("Communications") will be considered non-confidential and non-proprietary. ZaPaFlY will have no obligations with respect to the Communications. ZaPaFlY and its designees will be free to copy, disclose, distribute, perform, incorporate and otherwise use the Communications and all data, images, sounds, text, and other things embodied therein for any and all commercial or non-commercial purposes to the extent permitted by applicable law. You are prohibited from posting or transmitting to or from these sites any unlawful, threatening, libelous, defamatory, obscene, pornographic, or other material that would violate any law.
Any attempt to obtain unauthorized access or to exceed authorized access to the Sites shall be considered a trespass and computer fraud and abuse, punishable under state and federal laws. ZaPaFlY hereby notifies You that any or all communications with these sites can and will be monitored, captured, recorded, and transmitted to the authorities as deemed necessary by ZaPaFlY in its sole discretion and without further notice.
No Automated Querying
You may not send automated queries of any sort to ZaPaFlY.com's system without an agreement with DNSstuf. Note that "sending automated queries" includes, among other things:
Using any software which sends queries to ZaPaFlY.com to facilitate high-volume look-ups
Using any other mechanism to send queries of any type to ZaPaFlY.com and all sites owned by ZaPaFlY
Using any software which does not display the results to a user manually requesting the data
- COOPERATION WITH GOVERNMENT AUTHORITIES: If necessary and in accordance with applicable law, ZaPaFlY will cooperate with local, state, federal, international and/or worldwide government authorities to protect these sites, visitors, customers, ZaPaFlY, its parents, subsidiaries, affiliates and their respective members, directors, officers, employees, stockholders and agents and operational providers, from the unauthorized use of these sites.
- LINKS TO OTHER MATERIALS: The linked sites are not necessarily under the control of ZaPaFlY and ZaPaFlY is not responsible for the content of any linked sites or any link contained in a non-affiliated linked sites. ZaPaFlY reserves the right to terminate any link or linking program at any time. ZaPaFlY has selected the links for Your convenience. The selection or omission of links is not intended to endorse any particular companies or products. If You decide to access any of the third party sites linked to these sites, You do so entirely at Your own risk. Any links to any portion of the Sites shall be the responsibility of the linking party, and ZaPaFlY shall not be responsible for notification of any change in name or location of any information on the Sites.
- APPLICABLE LAWS: These Sites are controlled by ZaPaFlY from its offices within the Commonwealth of Massachusetts. ZaPaFlY makes no representation that Materials or Services in these sites are appropriate or available for use in other locations, and access to them from territories where their content is illegal is prohibited. Those who choose to access these sites from other locations do so on their own initiative and are responsible for compliance with applicable local laws. You may not use or export the Materials or Services in violation of United States export laws or regulations. Any claim relating to the Materials or Services shall be governed by the internal substantive laws of the Commonwealth of Massachusetts.
- DISPUTE RESOLUTION: Any dispute between ZaPaFlY and You arising out of this Agreement shall be resolved first by direct communication with one or more of ZaPaFlYs customer service representatives. Should ZaPaFlY and You be unable to resolve the dispute by communication, either ZaPaFlY or You may submit any dispute arising out of or relating to this Agreement, or the breach thereof, to final and binding arbitration administered by the American Arbitration Association nearest the place of ZaPaFlYs headquarters and pursuant to Massachusetts law. The arbitrator shall fully implement the intent and purposes of this Agreement and indemnify non-breaching parties for and hold them harmless from all losses, costs, and expenses (including costs of arbitration and reasonable attorneys' fees) resulting from any breach or from defending against any allegations of a breach determined to be unfounded.
- ENTIRE AGREEMENT: This Agreement, including the Privacy Policy, contains the entire agreement between You and ZaPaFlY relating to the subject matter hereof, and supersedes any other oral or written communications relating thereto. This Agreement may not be amended or supplemented by (1) any document or form originated by You relating to the subject matter hereof, or (2) statements of any of ZaPaFlYs employees. ZaPaFlY reserves the right to make changes to this Agreement at any time without advance notice. ZaPaFlY agrees to post all amended forms of this Agreement on the Sites and such amended forms shall be effective immediately upon posting. It is at all times Your responsibility to read the most current form of this Agreement before using the Sites to ensure that You agree to the terms and conditions of any amendments made to this Agreement. You agree that this procedure for giving notice of amendments to this Agreement is reasonable.
- TERMINATION: Your right to access and use the Sites, Materials and/or Services immediately terminates without further notice upon Your breach of this Agreement. ZaPaFlY may terminate this Agreement and/or Your right to use the Sites at any time, with or without cause. Sections 1, 7, 8, 9, 10, 13, 14, 15, 16, 17, 18 and 21 of this Agreement survive the expiration or termination of this Agreement for any reason whatsoever. ZaPaFlY reserves the right to discontinue or make changes to the Sites, Material and/or Services at any time.
- ASSIGNMENT: ZaPaFlY may assign this Agreement, in whole or in part, in its sole discretion.
- WAIVER OF BREACH: Any failure to enforce any term or provision of this Agreement shall not be deemed a waiver of that or any other breach of that or any other term or provision of this Agreement. In addition, any failure to enforce any term or provision of this Agreement shall not constitute a waiver of a future breach of that or any other term or provision of this Agreement.
- NOTICE: ZaPaFlY may deliver notice to You under this Agreement by means of electronic mail, a general notice on www.zapafly.com, or by written communication delivered by first class U. S. mail to Your address on record in ZaPaFlYs account information. You may give notice to ZaPaFlY at any time via electronic mail to
info2@ZaPaFlY.com
or a letter delivered by first class postage prepaid U.S. mail or overnight courier to the following address:
44 Merrimac St If You object to any material found on these sites, please bring Your concerns to the attention of address above.
Newburyport, MA 01950
Fax: 978 334 0700
Attn: Chief Operating Officer
Electronic Mail: info2@ZaPaFlY.com
- HEADINGS: The headings of articles and sections contained in this Agreement are for reference purposes only and shall not affect in any way the meaning or interpretation of this Agreement.
- INVALIDITY: If any provision of this Agreement shall be determined to be unenforceable as applied to any particular case or circumstance, the provision or provisions in question shall not be unenforceable in any other case or circumstance, nor shall any other provision or provisions herein contained thereby be or become unenforceable and such provision shall be reformed so that it would be enforceable to the maximum extent permitted in such circumstances.
Copyright 2006 ZaPaFlY, LLC All rights reserved.
