1. ACCEPTANCE OF TERMS
Welcome to ZeroFlaws! ZeroFlaws provides its service to you subject to the following Terms of Service ("Terms"), which may be updated by us from time to time without notice to you. You can review the most current version of these Terms at any time at: http://www.ZeroFlaws.com. If you (“you”) agree to these Terms, and wish to use the ZeroFlaws service, please click on the “Register” button. This will constitute a binding agreement between you and ZeroFlaws inc. If you do not agree to these Terms, click the “Cancel” button. Note that any violation of these Terms may result in termination of our service to you.
2. DESCRIPTION OF SERVICE
Enhancements are made to your submitted photographs pursuant to your instructions by independent contractors. The independent contractors utilized by ZeroFlaws have been screened for their technical and artistic abilities. Nevertheless, if you are not satisfied with enhancements, you are not required to purchase any enhanced photograph.
You understand and agree that ZeroFlaws inc. assumes no responsibility for the timeliness, deletion, mis-delivery or failure to store any photographs, communications or personalization settings. You are responsible for obtaining access to ZeroFlaws’s Service, and that access may involve third-party fees (such as Internet service provider or airtime charges). You are responsible for those fees, including those fees associated with the display or delivery of advertisements. In addition, you must provide and are responsible for all equipment necessary to access ZeroFlaws’s service.
ZeroFlaws forbids its independent contractors from utilizing your photographs for any purpose other than providing you with the enhanced or modified photographs you request. Although ZeroFlaws routinely evaluates its independent contractors and may terminate their services for violating ZeroFlaws’s policies, you understand and agree that ZeroFlaws assumes no responsibility for the misdirection or misuse of your photographs by independent contractors. If, at any time, you learn of any misdirection or misuse of your photographs, please advise us, as we may terminate the services of any editor responsible for such misdirection or misuse.
3. YOUR REGISTRATION OBLIGATIONS
In consideration of your use of ZeroFlaws’s service, you represent that you are of legal age to form a binding contract and are not a person barred from receiving services under the laws of the
4. ZEROFLAWS PRIVACY POLICY
Your registration data and certain other information about you is subject to our Privacy Policy. For more information, see our full privacy policy on our website.
5. MEMBER ACCOUNT, PASSWORD AND SECURITY
You will receive a password and account designation upon completing ZeroFlaws’s registration process. You are responsible for maintaining the confidentiality of the password and account and are fully responsible for all activities that occur under your password or account. You agree to immediately notify ZeroFlaws of any unauthorized use of your password or account or any other breach of security. ZeroFlaws cannot and will not be liable for any loss or damage arising from your failure to comply with this Section 5.
6. YOUR SUBMISSIONS
Under these Terms, you may NOT submit any of the following material to ZeroFlaws:
A. Any threatening, obscene, pornographic or profane material or any other material that could give rise to any civil or criminal liability under applicable law. Because ZeroFlaws may be forwarding your Photographs to independent contractors in jurisdictions whose laws regarding adult material may differ from your local jurisdiction, ZeroFlaws requires you check the “adult-content” warning button when submitting pictures that include legal adult content;
B. Any material that could infringe rights of privacy, publicity or copyrights without the permission of the owner of these rights and the persons (or their parents or legal guardians, where applicable) who are shown in the material;
C. Any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
D. Any material which may provide material support or resources (or to conceal or disguise the nature, location, source, or ownership of material support or resources) to any organization(s) designated by the United States government as a foreign terrorist organization pursuant to section 219 of the Immigration and Nationality Act;
E. Any material depicting or simulating pornographic acts with a child under the age of 18 or which may otherwise be considered child pornography. ZEROFLAWS WILL REPORT ALL SUSPECTED INCIDENTS OF CHILD PORNOGRAPHY TO LAW ENFORCEMENT AND WILL PROVIDE LAW ENFORCEMENT WITH ANY PHOTOGRAPHS WHICH IT BELIEVES DEPICT CHILD PORNOGRAPHY.
You acknowledge, consent and agree that ZeroFlaws may access, preserve and disclose your account information and Photographs if required to do so by law or in a good faith belief that such access preservation or disclosure is reasonably necessary to: (a) comply with legal process; (b) enforce these Terms; (c) respond to claims that any Photograph violates the rights of third parties; (d) respond to your requests for customer service; or (e) protect the rights, property or personal safety of ZeroFlaws, its users and the public.
7. GLOBAL NATURE OF ZEROFLAWS’ SERVICE
You acknowledge that in utilizing ZeroFlaws’s services, you will be causing communications to be sent through ZeroFlaws's computer networks to its various independent contractors throughout the world. Thus, even communications that seem to be intrastate in nature can result in the transmission of interstate communications regardless of where you are physically located at the time of transmission. Accordingly, by agreeing to these Terms, you acknowledge that use of the service results in interstate data transmissions.
You agree to comply with all local laws and rules regarding online conduct and acceptable photographs. Additionally, you agree to comply with all applicable laws regarding the transmission of technical data exported from the
8. OWNERSHIP OF PHOTOGRAPHS AND COPYRIGHT
ZeroFlaws does not claim ownership of the Photographs you submit to ZeroFlaws.com. ZeroFlaws, however, is committed to protecting photographers’ copyrights. Each image submitter is required by
Customer Service
ATTN: Copyright Protection
ZeroFlaws inc.
Fax: 707.975.0776
9. INDEMNITY
You agree to indemnify and hold ZeroFlaws and its subsidiaries, affiliates, officers, agents, employees, partners and licensors harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of: any Photograph you submit to ZeroFlaws; your use of the ZeroFlaws’s service; your connection to the ZeroFlaws’s service; your violation of these Terms; or your violation of any rights of another.
10. GENERAL PRACTICES REGARDING USE AND STORAGE
You acknowledge that ZeroFlaws may establish general practices and limits concerning use of the ZeroFlaws service, including without limitation the maximum number of days that ZeroFlaws may retain photographic material sent to ZeroFlaws. You agree that ZeroFlaws has no responsibility or liability for the deletion or failure to store any Photograph or other communication. You acknowledge that ZeroFlaws reserves the right to log off accounts that are inactive for an extended period of time. You further acknowledge that ZeroFlaws reserves the right to modify these general practices and limits from time to time.
11. MODIFICATIONS TO SERVICE
ZeroFlaws reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the services it provides (or any part thereof) with or without notice. You agree that ZeroFlaws shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Service.
12. TERMINATION
You agree that ZeroFlaws may, without prior notice, immediately terminate your ZeroFlaws account. Cause for such termination shall include, but not be limited to, (a) breaches or violations of these Terms or other incorporated agreements or guidelines, (b) requests by law enforcement or other government agencies, (c) a request by you, (d) discontinuance or material modification to the services we provide (or any part thereof), (e) unexpected technical or security issues or problems, (f) extended periods of inactivity, (g) engagement by you in fraudulent or illegal activities, and/or (h) nonpayment of any fees owed by you in connection with ZeroFlaws’s services. Further, you agree that all terminations for cause shall be made in ZeroFlaws sole discretion and that ZeroFlaws shall not be liable to you or any third party for any termination of your account, any associated email address, or access to ZeroFlaws’s service.
13. LINKS
In utilizing ZeroFlaws’s services you may encounter links to other Internet sites or resources. Because ZeroFlaws has no control over such sites and resources, you acknowledge and agree that ZeroFlaws is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any Content, advertising, products or other materials on or available from such sites or resources. You further acknowledge and agree that ZeroFlaws shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such Content, goods or services available on or through any such site or resource.
14. DISCLAIMER OF WARRANTIES
YOU EXPRESSLY UNDERSTAND AND AGREE THAT:
A. YOUR USE OF ZEROFLAWS SERVICE IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. ZEROFLAWS AND ITS, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS EXPRESSLY DISCLAIM ALL WARRANTIES 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.
B. ZEROFLAWS AND ITS OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS MAKE NO WARRANTY THAT ZEROFLAWS SERVICE WILL MEET YOUR REQUIREMENTS OR THAT THE ENHANCED PHOTOGRAPHS WILL MEET YOUR EXPECTATIONS.
15. LIMITATION OF LIABILITY
YOU EXPRESSLY UNDERSTAND AND AGREE THAT ZEROFLAWS AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS SHALL NOT BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF ZEROFLAWS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (i) THE USE OR THE INABILITY TO USE ZEROFLAWS SERVICE; (ii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR PHOTOGRAPHS OR DATA; (iii) ANY OTHER MATTER RELATING TO ZEROFLAWS SERVICE.
16. EXCLUSIONS AND LIMITATIONS
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS OF SECTIONS 14 AND 15 MAY NOT APPLY TO YOU.
17. NO THIRD-PARTY BENEFICIARIES
You agree that, except as otherwise expressly provided in these terms, there shall be no third-party beneficiaries to this agreement.
18. NOTICE
ZeroFlaws may provide you with notices, including those regarding changes to these Terms by email, regular mail or postings at ZeroFlaws’s website.
19. TRADEMARK INFORMATION
ZEROFLAWS and the ZeroFlaws logo, are service marks of ZeroFlaws.com, inc. (the "ZeroFlaws Marks"). You agree not to display or use in any manner the ZeroFlaws Marks without the express written permission of ZeroFlaws.
20. GENERAL INFORMATION
A. Entire Agreement. These terms constitute the entire agreement between you and ZeroFlaws and governs your use of ZeroFlaws’s service, superseding any prior agreements between you and ZeroFlaws with respect to ZeroFlaws’s service.
B. Choice of Law and Forum. These Terms and the relationship between you and ZeroFlaws shall be governed by the laws of the State of
C. Waiver and Severability of Terms. The failure of ZeroFlaws to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision. If any provision of these Terms is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of these Terms remain in full force and effect.
D. No Right of Survivorship and Non-Transferability. You agree that your ZeroFlaws account is non-transferable and any rights to your ZeroFlaws ID or contents within your account terminate upon your death. Upon receipt of a copy of a death certificate, your account may be terminated and all contents therein permanently deleted.
E. Statute of Limitations. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of ZeroFlaws’s Service or these Terms must be filed within one (1) year after such claim or cause of action arose or be forever barred.
F. Section Titles. The section titles in these Terms are for convenience only and have no legal or contractual effect.
