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Terms of Use
Welcome to Zazengo!

Please read these Terms of Service carefully. As a user (whether or not you are registered) you are bound by these Terms.

Terms of Use

Date of Last Revision: February 5, 2008

Welcome to Zazengo, a shared web platform for users, organizations and other groups to connect and collaborate together to achieve and demonstrate positive social impact. The Zazengo service and network (collectively, “the Service”) are operated by Zazengo, Inc. and its corporate affiliates (collectively, “us”, “we”, or “Zazengo”). By accessing or using our Service either directly through zazengo.com or through code embedded on another website (“Widget”), you (“the User”) signify that you have read, understand and agree to be bound by these “Terms of Service” or “Agreement”, whether or not you are a registered member of Zazengo.

We reserve the right, at our sole discretion, to change, modify, add, or delete portions of these Terms of Service at any time without further notice. If we do this, we will post the changes to these Terms of Service on this page and will indicate at the top of this page the date these terms were last revised. Your continued use of the Service after any such changes constitutes your acceptance of the new Terms of Service. If you do not agree to abide by these or any future Terms of Service, do not use or access (or continue to use or access) the Service. It is your responsibility to regularly check the Service to determine if there have been changes to these Terms of Service and to review such changes.

PLEASE READ THESE ONLINE TERMS OF SERVICE CAREFULLY AS THEY CONTAIN IMPORTANT INFORMATION REGARDING YOUR LEGAL RIGHTS, REMEDIES AND OBLIGATIONS. THESE INCLUDE VARIOUS LIMITATIONS AND EXCLUSIONS, AND A DISPUTE RESOLUTION CLAUSE THAT GOVERNS HOW DISPUTES WILL BE RESOLVED.

Eligibility
This Service is intended solely for users who are thirteen (13) years of age or older. Any registration by, use of or access to the Service by anyone under 13, is unauthorized, unlicensed and in violation of these Terms of Service. By using the Service, you represent and warrant that you are 13 or older and that you agree to and to abide by all of the terms and conditions of this Agreement.

Registration Data, Account Security and Privacy
In consideration of your use of the Service, you agree to (a)provide accurate, current and complete information about you as may be prompted by any registration forms on the Service ("Registration Data"); (b) maintain the security of your password and identification; (c) maintain and promptly update the Registration Data, and any other information you provide to Zazengo, to keep it accurate, current and complete; and (d) be fully responsible for all use of your account and for any actions that take place using your account.

We care about the privacy of our users. These Terms of Service incorporate by reference the Zazengo Provacy Policy. Click here to view Zazengo’s Privacy Policy. By using the Service, you are consenting to have your personal data transferred to and processed in the United States.

User Conduct
You understand that except for advertising programs offered by us on the Service, the Service is available for your personal, non-commercial use only. You represent, warrant and agree that no materials of any kind submitted through your account or otherwise posted, transmitted, or shared by you on or through the Service will violate or infringe upon the rights of any third party, including copyright, trademark, privacy, publicity or other personal or proprietary rights; or contain libelous, defamatory or otherwise unlawful material.

You agree to the following Code of Conduct in using the Service:

  • I will be nice. You agree to be a good citizen, and not to make postings that are mean or obscene. This includes postings that someone might find to be offensive, that include swear words, or that are racist, threatening, or untrue. You also agree not to make postings about other people that contain lies, or that are illegal, or that encourage someone else to break the law. You also agree not to use a member name that we decide is inappropriate or offensive. If you fail to be a good citizen, we will remove your postings and may even block you from using the Service.
  • I will be honest and will protect my membership information. You agree to provide information that is true, complete, up-to-date, and accurate. If you break this promise, we may immediately cancel your membership to the Service. You must keep your account information secret, and you agree to tell us (by emailing info@zazengo.com) if you know someone has used your membership, or if you think someone has.
  • I will respect the privacy and rights of others - You agree not to post any content to the Service that contains personal information about any individual or violates anyone else's privacy. You also agree not to post any plagiarisms -- unauthorized copies of other people's works -- and not to pretend to be someone else when you are online, or to pretend that someone else supports or endorses the things you do or the things you say.
  • I will not use the service for business purposes. You agree not to post any business advertisements of any type, including trying to sell a product or service, or giving people a link, URL or other contact information where they can ask you about a product or service. If we think you are using the Service for an inappropriate commercial purpose, we reserve the right to take action to end such activity, including the cancellation of your membership in the Service.
  • I will not try To damage the service. You agree not to post any content that contains viruses, corrupted files, or any other similar software or programs that may harm this Service or make it operate poorly, or that would do the same to a third-party computer or any other specific feature of the Service.

In addition, you agree not to use the Service to:

  • Harvest or collect email addresses or other contact information of other users from the Service by electronic or other means for the purposes of sending unsolicited emails or other unsolicited communications;
  • Use automated scripts to collect information from or otherwise interact with the Service;
  • Upload, post, transmit, share, store or otherwise make available any videos other than those of a personal nature that: (i) are of you or your friends/teammates, (ii) are taken by you or your friends/teammates, or (iii) are original art or animation created by you or your friends/teammates.
  • Upload, post, transmit, share or otherwise make available any unsolicited or unauthorized advertising, solicitations, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation;
  • Solicit personal information from anyone under 18 or solicit passwords or personally identifying information for commercial or unlawful purposes; or
  • Upload, post, transmit, share or otherwise make available 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.

Ownership of Service and Content
All content available through the Service, including but not limited to designs, text, graphics, pictures, video, information, applications, software, music, sound and other files, and their selection and arrangement (the "Content"), other than User Content (as defined below) are the proprietary property of Zazengo or its licensors or someone else that has given Zazengo permission with all rights reserved. No Content may be modified, copied, distributed, framed, reproduced, republished, downloaded, displayed, posted, transmitted, or sold in any form or by any means, in whole or in part, without Zazengo's prior written permission. Provided that you are eligible for use of the Service, you are granted a limited license to access and use the Service and the Content and to download or print a copy of any portion of the Content to which you have properly gained access solely for your personal, non-commercial use, provided that you keep all copyright or other proprietary notices intact. Except for your own User Content, you may not upload or republish Content on any Internet, Intranet or Extranet site or incorporate the information in any other database or compilation, and any other use of the Content is strictly prohibited. Such license is subject to these Terms of Service and does not include use of any data mining, robots or similar data gathering or extraction methods. Any use of the Service or the Content other than as specifically authorized herein, without the prior written permission of Zazengo, is strictly prohibited and will terminate the license granted herein. Such unauthorized use may also violate applicable laws including without limitation copyright and trademark laws and applicable communications regulations and statutes. Unless explicitly stated herein, nothing in these Terms of Service shall be construed as conferring any license to intellectual property rights. This license is revocable at any time without notice and with or without cause.

Trademarks
“Zazengo” and the graphics, logos, designs, page headers, button icons, scripts and service names used in association with the Service are registered trademarks, trademarks or trade dress of Zazengo in the U.S. and/or other countries. Zazengo's trademarks and trade dress may not be used, including as part of trademarks and/or as part of domain names, in connection with any product or service in any manner that is likely to cause confusion and may not be copied, imitated, or used, in whole or in part, without the prior written permission of the Zazengo. All other trademarks not owned by Zazengo that appear on this Service are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by Zazengo. The display of trademarks and trade names on this Service does not convey or create any license or other rights in these marks or names. All rights reserved.

User Content Posted on the Service
You are solely responsible for the photos, profiles, messages, notes, text, information, music, video, advertisements, listings, and other content that you upload, publish or display (hereinafter, "post") on or through the Service, or transmit to or share with other users (collectively the "User Content"). You may not post, transmit, or share User Content on the Service that you did not create or that you do not have permission to post. You understand and agree that Zazengo may, but is not obligated to, review the Service and may delete or remove (without notice) any Content or User Content in its sole discretion, for any reason or no reason, including without limitation User Content that in the sole judgment of Zazengo violates this Agreement or that might violate the rights, harm, or threaten the safety of users or others. You are solely responsible at your sole cost and expense for creating backup copies and replacing any User Content you post or store on the Service or provide to Zazengo.

When you post User Content to the Service, you authorize and direct us to make such copies thereof as we deem necessary in order to facilitate the posting and storage of the User Content on the Service. By posting User Content to any part of the Service, you automatically grant, and you represent and warrant that you have the right to grant, to Zazengo an irrevocable, perpetual, non-exclusive, transferable, fully paid, worldwide license (with the right to sublicense) to use, copy, publicly perform, publicly display, reformat, translate, excerpt (in whole or in part) and distribute such User Content for any purpose on or in connection with the Service or the promotion thereof, to prepare derivative works of, or incorporate into other works, such User Content, and to grant and authorize sublicenses of the foregoing. You may remove your User Content from the Service at any time. If you choose to remove your User Content, the license granted above will automatically expire, however you acknowledge that Service may retain archived copies of your User Content.

Organization Administrators
Registered organizations have the ability to create campaigns, use their trademarks and logos, and have access to aggregated User information (including, without limitation, User Content) for projects associated with the organization as well as other features. Each organization has one or more users that are designated as an “organization administrator” for the organization. If you create a new organization on the Service, you certify that you have the authority to register the organization to use the Service and by default you will become its organization administrator. If you are an organization administrator, you certify that you have the authority to represent the organization in an ongoing manner, and are authorized to upload any trademarked or copyrighted material to the Service to be used as part of your organization designation and viewable information. You will also have the ability to designate other Users to become an organization administrator for your organization. As an individual user and as the authorized representative of your organization, you must adhere to all of the Terms of Service and Privacy Policy. If Zazengo determines, in its sole discretion, that you did not have the authority to register the organization for the Service, Zazengo will immediately terminate your membership and may remove the organization from Zazengo unless proper authorization is given by the organization.

No Endorsement of Organizations, Campaigns or Projects
Just because an organization or project is listed on the Service, this does not mean that we have reviewed it or that we in any way endorse or approve of it. Your participation in any organization, campaign, or project is your sole responsibility. Use your common sense and good judgment when posting a project or selecting a project in which to participate. As is further set forth below (Disclaimers and Limitation on Liability), WE WILL NOT BE RESPONSIBLE FOR ANY DAMAGES THAT YOU MAY INCUR ARISING OUT OF MATERIAL POSTED, YOUR POSTING OF A PROJECT, OR YOUR PARTICIPATION IN ANY PROJECT LISTED ON THE SERVICE.

Submissions
You acknowledge and agree that any questions, comments, suggestions, ideas, feedback or other information about the Service ("Submissions"), provided by you to Zazengo are non-confidential and shall become the sole property of Zazengo. Zazengo shall own exclusive rights, including all intellectual property rights, and shall be entitled to the unrestricted use and dissemination of these Submissions for any purpose, commercial or otherwise, without acknowledgment or compensation to you.

Third Party Websites and Content
The Service contains (or you may be sent through the Service) links to other web sites ("Third Party Sites") as well as articles, photographs, text, graphics, pictures, designs, music, sound, video, information, applications, software and other content or items belonging to or originating from third parties (the "Third Party Applications, Software or Content"). Such Third Party Sites and Third Party Applications, Software or Content are not investigated, monitored or checked for accuracy, appropriateness, or completeness by us, and we are not responsible for any Third Party Sites accessed through the Service or any Third Party Applications, Software or Content posted on, available through or installed from the Service, including without limitation the content, accuracy, offensiveness, opinions, reliability, privacy practices or other policies of or contained in the Third Party Sites or the Third Party Applications, Software or Content. Inclusion of, linking to or permitting the use or installation of any Third Party Site or any Third Party Applications, Software or Content does not imply approval or endorsement thereof by us. If you decide to leave the Service and access the Third Party Sites or to use or install any Third Party Applications, Software or Content, you do so at your own risk and you should be aware that our terms and policies no longer govern. You should review the applicable terms and policies, including privacy and data gathering practices, of any site to which you navigate from the Service or relating to any applications you use or install from the site.

User Disputes
You are solely responsible for your interactions with other Zazengo users. We reserve the right, but have no obligation, to monitor disputes between you and other users.

Disclaimers
Zazengo is not responsible or liable in any manner for any User Content or Third Party Applications, Software or Content posted on the Service or in connection with the Service, whether posted or caused by users of the Service, by Zazengo, by third parties or by any of the equipment or programming associated with or utilized in the Service. Although we provide rules for user conduct and postings, we do not control and are not responsible for what users post, transmit or share on the Service and are not responsible for any offensive, inappropriate, obscene, unlawful or otherwise objectionable content you may encounter on the Service or in connection with any User Content or Third Party Applications, Software or Content. Zazengo is not responsible for the conduct, whether online or offline, of any user of the Service.

The Service may be temporarily unavailable from time to time for maintenance or other reasons. Zazengo assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, User communications. Zazengo is not responsible for any technical malfunction or other problems of any telephone network or service, computer systems, servers or providers, computer, software, failure of email or players on account of technical problems or traffic congestion on the Internet or combination thereof, including injury or damage to User's or to any other person's computer, or other hardware or software, related to or resulting from using or downloading materials in connection with the Web and/or in connection with the Service. Under no circumstances will Zazengo be responsible for any loss or damage, including any loss or damage to any User Content or personal injury or death, resulting from anyone's use of the Service, any User Content or Third Party Applications, Software or Content posted on or through the Service or transmitted to Users, or any interactions between users of the Service, whether online or offline.

THE SERVICE, AND THE CONTENT ARE PROVIDED "AS-IS" AND ZAZENGO DISCLAIMS ANY AND ALL REPRESENTATIONS, CONDITIONS AND WARRANTIES, WHETHER EXPRESS OR IMPLIED, WRITTEN OR ORAL, ARISING BY STATUTE, OPERATION OF LAW, USAGE OF TRADE, COURSE OF DEALING OR OTHERWISE, INCLUDING WITHOUT LIMITATION IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. ZAZENGO CANNOT GUARANTEE AND DOES NOT PROMISE ANY SPECIFIC RESULTS FROM USE OF THE SERVICE AND/OR ANY PLATFORM APPLICATIONS. ZAZENGO DOES NOT REPRESENT, CONDITION OR WARRANT THAT SOFTWARE, CONTENT OR MATERIALS ON THE SERVICE OR ANY PLATFORM APPLICATIONS ARE ACCURATE, COMPLETE, RELIABLE, CURRENT OR ERROR-FREE OR THAT SERVICE ITS SERVERS, OR ANY PLATFORM APPLICATIONS ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. THEREFORE, YOU SHOULD EXERCISE CAUTION IN THE USE AND DOWNLOADING OF ANY SUCH SOFTWARE, CONTENT OR MATERIALS AND USE INDUSTRY-RECOGNIZED SOFTWARE TO DETECT AND DISINFECT VIRUSES. WITHOUT LIMITING THE FOREGOING, YOU UNDERSTAND AND AGREE THAT YOU DOWNLOAD OR OTHERWISE OBTAIN CONTENT, MATERIAL, DATA OR SOFTWARE FROM OR THROUGH THE SERVICE AND ANY PLATFORM APPLICATIONS AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR YOUR USE THEREOF AND ANY DAMAGES TO YOUR COMPUTER SYSTEM, LOSS OF DATA OR OTHER HARM OF ANY KIND THAT MAY RESULT.

Zazengo reserves the right to change any and all Content, software and other items used or contained in the Service and Widgets offered through the Service at any time without notice. Reference to any products, services, processes or other information, by trade name, trademark, manufacturer, supplier or otherwise does not constitute or imply endorsement, sponsorship or recommendation thereof, or any affiliation therewith, by Zazengo.

Limitation on Liability
IN NO EVENT WILL ZAZENGO OR ITS DIRECTORS, EMPLOYEES OR AGENTS BE LIABLE TO YOU OR ANY THIRD PERSON FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING FOR ANY LOST PROFITS OR LOST DATA ARISING FROM YOUR USE OF THE SERVICE, ANY PLATFORM APPLICATIONS OR ANY OF THE CONTENT OR OTHER MATERIALS ON, ACCESSED THROUGH OR DOWNLOADED FROM THE SERVICE, EVEN IF ZAZENGO IS AWARE OR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, ZAZENGO'S LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER, AND REGARDLESS OF THE FORM OF THE ACTION, WHETHER IN CONTRACT, WARRANTY OR TORT, EVEN IF THE DAMAGES ARE CAUSED BY BREACH OF CONTRACT OR BY NEGLIGENCE, GROSS NEGLIGENCE, NEGLIGENT MISREPRESENTATION OR OTHER FAULT OF SUCH PARTY IN CONNECTION WITH THIS AGREEMENT, WILL AT ALL TIMES BE LIMITED TO THE LESSOR OF USD $5 OR THE FEES PAID.

CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS.

Governing Law; Venue and Jurisdiction
By visiting or using the Service, you agree that the laws of the State of California, without regard to principles of conflict of laws, will govern these Terms of Service and any dispute of any sort that might arise between you and Zazengo or any of our affiliates.

Termination of Service
Zazengo may, in its sole discretion, cease operation of this Service, or terminate your membership, delete your profile and any content or information (including, without limitation, User Content) that you have posted on the Service or through any Platform Application and/or prohibit you from using or accessing the Service or any Platform Application (or any portion, aspect or feature of the Service or any Platform Application) for any reason, or no reason, at any time, with or without prior notice. In such an event, Zazengo shall have no liability to you arising from the altered or cancelled operation of the Service.

Indemnity
You agree to indemnify and hold Zazengo, its subsidiaries and affiliates, and each of their directors, officers, agents, contractors, partners and employees, harmless from and against any loss, liability, claim, demand, damages, costs and expenses, including reasonable attorney's fees, arising out of or in connection with any User Content, any Third Party Applications, Software or Content you post or share on or through the Service, your use of the Service, your conduct in connection with the Service or with other users of the Service, or any violation of this Agreement or of any law or the rights of any third party.

Miscellaneous
These Terms of Service, including the Zazengo Privacy Policy, constitute the entire agreement between you and Zazengo regarding the use of the Service, superseding any prior agreements between you and Zazengo relating to your use of the Service. The failure of Zazengo to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision in that or any other instance. If any provision of these Terms of Service is held invalid, the remainder of the Terms of Service shall continue in full force and effect. If any provision of these Terms of Service shall be deemed unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from these Terms of Service and shall not affect the validity and enforceability of any remaining provisions.

Contact Us
If you have any questions, comments or concerns regarding our privacy policy or practices, please contact us at: info (at) zazengo.com.