THIS TERMS OF WEBSITE AGREEMENT ("AGREEMENT") IS A LEGAL AND BINDING AGREEMENT BETWEEN YOU ("YOU," "YOUR" OR "YOURSELF") AND ZYNLINKS.COM ("OUR," "US," "WE" OR "ZYNLINKS"), WHICH GOVERNS YOUR USE OF OUR INTERNET-BASED APPLICATION TOGETHER WITH ALL INFORMATION, CONTENT, PRODUCTS, MATERIALS AND SERVICES MADE AVAILABLE TO YOU THROUGH THE SAME BY US AND/OR THIRD PARTIES (COLLECTIVELY, "THE APPLICATION"). PLEASE READ THIS AGREEMENT CAREFULLY PRIOR TO USING THE APPLICATION. BY REGISTERING FOR, USING OR OTHERWISE ACCESSING THE APPLICATION, OR ANY COMPONENT THEREOF, IN ANY MANNER WHATSOEVER, YOU ARE CONSENTING TO BECOME A PARTY TO THIS AGREEMENT AND AGREEING TO BE BOUND BY AND COMPLY WITH THE TERMS AND CONDITIONS HEREIN. IF, FOR ANY REASON, YOU DO NOT ACCEPT AND AGREE TO ALL THE TERMS AND CONDITIONS OF THIS AGREEMENT, PLEASE DISCONTINUE ANY REGISTRATION PROCESS AND DO NOT ACCESS OR USE THE APPLICATION IN ANY MANNER.
Home, Building, Property, and Real Estate Inspectors are paid advertisers (hereinafter, "Advertisers") in THE APPLICATION and are not employees, contractors, or representatives of ZynCard. Additionally, the employees, contractors, or volunteers of ZynCard are not acting as agents, advisors, or representatives of the Advertisers. You agree to defend, indemnify, and hold ZynCard, its officers, employees, and volunteers harmless from any and all claims, injuries, damages, losses, or suits including attorney fees, arising out of, or in connection with the performance of THE APPLICATION or as a result of hiring, using the services of, or otherwise doing business with Advertisers.
Subject to certain limitations as described herein, you are granted the right to access our text, files, images, photos, video, sounds, musical works, works of authorship, applications, or any other materials (collectively, "Content") under certain terms and conditions as set forth in this Agreement. In order to use THE APPLICATION, you must obtain access to the Internet and pay any fees associated with such access. In addition, you must provide all equipment necessary to make such connection to the Internet and to be able to access the Content. Certain areas and functions of THE APPLICATION may require registration, while other areas and functions do not.
ZynCard takes your privacy seriously and does not automatically collect any personal data on any user or visitor. Any information you provide to us, or a licensed distributor, may be stored for our mutual records should you attempt to communicate with us through email links and online forms.
ZynCard will make reasonable efforts to keep THE APPLICATION operational. However, certain technical difficulties, routine site maintenance/upgrades and any other events outside the control of ZynCard may, from time to time, result in temporary Website interruptions. ZynCard also reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, functions of THE APPLICATION with or without notice. You agree that ZynCard shall not be liable to you or to any third party for any of the direct or indirect consequences of any modification, suspension, discontinuance of or interruption to THE APPLICATION.
You affirm that you are either more than 18 years of age, or an emancipated minor, or possess legal parental or guardian consent, and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in these Terms of Service, and to abide by and comply with these Terms of Service. In any case, you affirm that you are over the age of 13, as THE APPLICATION is not intended for children under 13. If you are under 13 years of age, then please do not use THE APPLICATION. There are lots of other great websites for you. Talk to your parents about what sites are appropriate for you.
(a) By using THE APPLICATION, you acknowledge and agree that you have no right to provide any files obtained through THE APPLICATION to any other party or through any other means. You agree that you will not duplicate or otherwise reproduce the Content, or any portion thereof, onto any physical medium, memory or device now known or hereinafter devised. In addition, you agree that you will not attempt to, or encourage or assist any other person to, circumvent or modify any Content protection methods.
(b) You may not use or allow others to use THE APPLICATION, directly or indirectly, nor upload, distribute, transmit, communicate, link to, publish or access any data, information or material through, using or otherwise in connection with THE APPLICATION, that: (1) is libelous, defamatory, vulgar or obscene, pornographic, sexually offensive or explicit, harmful or harassing, threatening, hateful, racially, culturally, ethnically or otherwise objectionable or offensive, discriminatory or abusive; (2) violates any law or regulation or the rights of others; (3) causes duress, distress or discomfort to another or is likely to deter or discourage others from using THE APPLICATION; and/or (4) infringes any intellectual property, proprietary rights or confidentiality obligations of others. You are solely responsible and liable for any such activity, behavior, use and conduct. We have no liability and you bear the sole and exclusive risk associated with use of or reliance on the accuracy, quality, completeness, reliability or usefulness of any data, information or material in connection with your use of THE APPLICATION. You also may not use, nor allow others to use THE APPLICATION, directly or indirectly, to: (x) attempt to or actually disrupt, impair or interfere with, alter or modify THE APPLICATION or any information, data or materials posted and/or displayed by us or anyone else; (y) act in a way that affects or reflects negatively on us, THE APPLICATION, or anyone else; (z) collect or attempt to collect any information from others including, without limitation, personally identifiable information, without such party’s prior consent. You agree to comply with all local, state, federal laws, statutes, rules and regulations, as well as any international treaties, which are applicable to your use of THE APPLICATION.
(c) You are prohibited from violating or attempting to violate the security of THE APPLICATION, including, without limitation: (1) accessing data not intended for you or logging onto a processor, communications or access device or account which you are not authorized to access; (2) attempting to probe, scan or test the vulnerability of THE APPLICATION or to breach security or authentication measures, regardless of your motives or intent; (3) attempting to interfere with or disrupt THE APPLICATION or Website to any user, processor, host or network, including, without limitation, by submitting a virus, worm or Trojan horse; or (4) sending unsolicited e-mail or other information, including promotions or advertising. Violations of system or network security or this Agreement may result in civil or criminal liability. We have the right to investigate occurrences, which may involve such violations and we may involve, provide information to and cooperate with, law enforcement authorities in prosecuting users who are involved in such violations.
(d) You agree not to use THE APPLICATION for any commercial uses unless you obtain ZynCard’s prior written approval. Such commercial uses include without limitation (1) the sale of access to THE APPLICATION; and (2) the sale of advertising, sponsorships, or promotions placed on or within THE APPLICATION or Content.
(a) The Content available through THE APPLICATION is the property of ZynCard.com (herein "ZynCard") or its Content Providers and is protected by copyright and other intellectual property laws. Content received through THE APPLICATION may be accessed for your personal, non-commercial use only.
(b) You acknowledge that ZynCard retains exclusive ownership of THE APPLICATION and all intellectual property rights associated therewith. THE APPLICATION contains proprietary and confidential information that is protected by copyright laws and international treaty provisions. Except as expressly provided herein, you are not granted any rights or license to patents, copyrights, trade secrets or trademarks with respect to THE APPLICATION or the Content, and ZynCard reserves all rights not expressly granted hereunder.
You may not:
(c) The ZynCard logos and other trademarks on the site are the property of their respective owners and are owned by, licensed to, or, where required, used with permission by ZynCard and may not be reproduced, copied, or manipulated in any manner without the express, written approval of the trademark owner.
(d) You shall promptly notify ZynCard in writing upon your discovery of any unauthorized use or infringement of THE APPLICATION or the Content or ZynCard’s patent, copyright, trade secret, trademarks or other intellectual property rights. Except as expressly provided for herein, any copy or use of any portion of THE APPLICATION shall constitute an act of copyright infringement and a breach of this Agreement. Furthermore, ZynCard may in its sole discretion pursue any other available rights or remedies at law or in equity for a violation of this Agreement or such copyright infringement.
The information presented in the APPLICATION is for informational and entertainment purposes only. Any information that suggests engaging in any activity, task, or project (inafter, Activity) related to repairing, maintaining, crafting, building, cleaning, or exploring should be approached with the utmost care. Hire or consult an industry professional if you do not have the expertise or experience to engage in activities mentioned in THE APPLICATION. With your use of THE APPLICATION, you agree to indemnify the authors, the presenter of THE APPLICATION, and the creators of THE APPLICATION against any and all legal action (including arbitration and lawsuits) should you injured yourself, injure another person or persons, or destroy property while engaging in any Activity mentioned in THE APPLICATION.
In some cases, ZynCard derives its rights to use the Content offered on THE APPLICATION from third party content owners ("Content Providers") for fixed periods of time. As well, ZynCard is sometimes required to pull certain Content off THE APPLICATION for legal reasons. Therefore, certain Content offered or advertised by ZynCard may not be available when you try to access it, and not all Content is available in all countries or territories.
Please note that with regard to any content made available on or through THE APPLICATION which contains or displays a third party logo (i.e. YouTube, Vimeo, etc.) or which is provided via a third party’s player and is hosted on a third party’s servers; ZynCard does not have the ability to permanently remove all or any such content from the third party's servers. Therefore, if you have a complaint concerning any video content made available on THE APPLICATION that is provided by a third party, you should contact the third party directly in accordance with copyright policies of the third party. If you believe that your work is available on THE APPLICATION via a third party player in a way that constitutes copyright infringement, please: (1) contact the third party directly in accordance with its copyright policies; and (2) contact ZynCard by using this email form HERE
Although we may, from time to time, use administrators to monitor the information or content posted by Site users, we cannot and do not monitor or review all information or content that is submitted to or through the Site. Information and content submitted or otherwise provided by users of the Site are the sole responsibility of the user that provided the information or content and you acknowledge that ZynCard is not responsible for the accuracy, timeliness, integrity, quality, safety, appropriateness or any other aspect of such information or content, for any links, products or services offered, advertised or provided by any user of the Site, or for any actions of any other user of the Site. If you choose to use or rely on such information or content, you do so solely at your own risk and without any representation or warranty whatsoever from ZynCard, its affiliates or its service providers.
We do not verify, endorse, or vouch for any information or content submitted by Site users, or verify the identity, credentials, affiliations or expertise of Site users. We encourage you to consider carefully the source of all information and content accessed on or through the Site and the factors that may influence or motivate that source, and to be cautious about any and all statements and opinions expressed by Site users.
In using the Site, you accept the risk that you may be exposed to information or content that you find offensive, indecent, dangerous, harmful or otherwise objectionable, and acknowledge that information and content submitted by other Site users are not from and may not reflect the views of ZynCard.
We recommend that you take reasonable precautions with regard to any information or content from other users of the Site that you choose to download (for example, scanning for viruses), and links that you choose to click through. If you choose to receive, copy or download information or content, or click through links, submitted by another user, you do so at your own risk.
THE APPLICATION shall be deemed a passive website that does not give rise to personal jurisdiction over ZynCard, either specific or general, in jurisdictions other than Georgia (USA). This Agreement shall be governed by the internal substantive laws of the State of Georgia, without respect to its conflict of laws principles. Any claim or dispute between you and ZynCard that arises in whole or in part from THE APPLICATION shall be decided exclusively by a court of competent jurisdiction located in Gwinnett County, Georgia. YOU AND ZYNLINKS AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE APPLICATIONS MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.
Questions and Comments - Should you have any questions or comments about THE APPLICATION, its content, or anything else, please contact ZynCard by using this email form HERE