Acceptance of Terms
Last updated: 15 July, 2008
Using this website or proceeding with the Zenbe registration process signifies your consent to this Terms of Use agreement ("Agreement") with Zenbe, Inc. ("Zenbe," "we" or "us"). Zenbe may update or modify this Agreement at any time. You are welcome to review this agreement at any time at http://www.zenbe.com/terms. We will update the date on the Agreement whenever changes are made. You signify your consent to the amended Agreement by accessing or continuing to access the site after the amended Agreement is posted.
Description of Service
Zenbe is an online personal information management service that includes email, calendaring, and task list features (referred to as "the Service" or "Zenbe's Service"). You understand and agree that the service is provided on an as is and as available basis. Zenbe disclaims all liability and responsibility for the availability, responsiveness, reliability, or security of the Service. Zenbe reserves the right to suspend, modify, or discontinue the Service at any time without notice.
Eligibility
You must be sixteen ("16") years or older to use the Service. If you are at least 16 but less than 18 years old, you certify that you have a parent's consent to use the Service. Any registration, use or access to the Service by anyone under 16 is a violation of this Agreement and is strictly prohibited. The Service is meant for personal use, and you agree that you are a person, not a corporation or an organization. You agree that the information you provide is true, accurate, current, and complete. As your information changes, you agree to update that information as soon as is practical. By agreeing to these terms, you agree that you have all the necessary right and authority to enter into this Agreement.
Sharing and Collaboration
For some features, the Service may allow you to share your private information with other users and to publish this information on the Internet. You will need to take specific action for this to occur, and the Service will make a reasonable attempt to explain the consequences of your actions. Zenbe disclaims all liability and responsibility for the unforeseen consequences of sharing private information, or for you accidentally sharing information that you intended to keep private.
Content
Zenbe takes no responsibility for your content or any third party content. Zenbe has no obligation to monitor your content. By uploading, sending, or receiving (collectively "transmitting") content you agree that you have the right to transmit that content and that you will to be held responsible for that content. Zenbe reserves the right to remove or refuse to distribute any content on the Service at any time.
Privacy
We understand that your privacy is important. Please view our Privacy Policy at http://www.zenbe.com/privacy which is hereby incorporated by reference.
By using the Service, you are consenting to have your personal data transferred to and processed in the United States.
We intend to keep your content private, accessible only to those you specify, by specific methods that you specify. However, no system is perfect, and Zenbe will not be liable for access to your information on the Service by others.
You agree that Zenbe may monitor or disclose your personal information, including the content of your emails, if required to do so in order to comply with any valid legal process or governmental request, such as a subpoena , search warrant, or court order.
Zenbe reserves the right to access, read, archive, monitor, and disclose any information it reasonably believes is necessary to:
- enforce this Agreement, including investigation of potential violations hereof.
- protect the rights, property or safety of Zenbe, its users and the public.
- satisfy any applicable law, regulation, legal process or governmental request.
- detect, prevent, or address fraud, security or technical issues, including the filtering of spam
- respond to user requests for support
By using Zenbe you consent to our using your Zenbe email address to send you Service-related notices, including any notices required by law, instead of communication by postal mail. We may also use your Zenbe email address to send you other messages, including changes to features of the Service and special offers.
Zenbe reserves the right to utilize your content, or content sent or in any way made accessible to you through the Service, to identify, generate and show you content-targeted ads. This will only be done through a secure, anonymous, and automated process. None of your content or personal information will be shared with any party, beyond the terms specified in this Agreement, in any non-anonymous way that can be associated with you.
Proper Conduct
You agree that you are responsible for your own communications and for any consequences thereof. You agree that you will use the Service in compliance with all applicable local, state, national, and international laws, rules and regulations.
You agree to not perform or aide in any of the following activities:
- use the Service to distribute any content that is unlawful, in violation of anyone else's rights, fraudulent, harassing, abusive, defamatory, obscene, contains viruses, or is otherwise objectionable as determined by Zenbe.
- use the Service for any fraudulent purpose or commit an act of fraud utilizing the Service. This includes creating a false identity for the purposes of committing fraud.
- upload, send, share, or otherwise distribute content that infringes upon another party's intellectual property rights or other proprietary, contractual or fiduciary rights or obligations
- deny others from using the Service
- access the Service with robots, spiders, or any other method that may place a disproportionately large load on the Service
- transmit viruses, worms, or other software agents through the Service
- circumvent or interfere with any security measure on the Service
- violate any laws regarding the export of technical information from your country of residence
- the transmission of transmit unsolicited bulk email or spam
Violation of any of the above may result in immediate termination of your Zenbe account, and may subject you to state and federal penalties and other legal consequences. Zenbe reserves the right to investigate your use of the Service in order to determine whether a violation of the Agreement has occurred or to comply with any applicable law, regulation, legal process or governmental request
Zenbe's Intellectual Property Rights
You agree that Zenbe and its licensors own all right, title and interest in and to the Service (except user content and the content of communications appearing on the Service), including without limitation all intellectual property rights, and such rights are protected by U.S. and international intellectual property laws. Accordingly, you agree that you will not copy, reproduce, distribute, alter, modify, license, or create derivative works from the Service without expressed written consent from Zenbe, or without using specific software interfaces provided by Zenbe for their intended purposes. You also agree that you will not use any automated device, robot or spider, or manual process to monitor or copy any content from the Service. Zenbe's intellectual property rights include the Service developed and provided by Zenbe, as well as all software associated with the Service.
Zenbe's rights do not include third-party content used as part of Service, your content, or any other user's content or content of communications appearing on the Service.
Your Intellectual Property Rights
Zenbe does not claim any ownership for any of the content, including any text, data, images, photographs, video, music, sound, or any other material, that you upload, receive, send, or store in your Zenbe account. Zenbe retains the right to manipulate or duplicate your content as necessary to provide you and other users with the Service. Zenbe will not use any of your content for any purpose except to provide you and other users with the Service.
Copyright Infringement
If you believe that your copyrighted work has been copied in a way that constitutes copyright infringement and is accessible via the Service, please notify Zenbe's copyright agent, as set forth in the Digital Millennium Copyright Act of 1998 ("DMCA"). For your complaint to be valid under the DMCA, you must provide the following information in writing:
- An electronic or physical signature of a person authorized to act on behalf of the copyright owner;
- Identification of the copyrighted work that you claim has been infringed;
- Identification of the material that is claimed to be infringing and where it is located on the Service;
- Information reasonably sufficient to permit Zenbe to contact you, such as your address, telephone number, and, e-mail address;
- A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or law; and
- A statement, made under penalty of perjury, that the above information is accurate, and that you are the copyright owner or are authorized to act on behalf of the owner.
The above information must be submitted to the following DMCA Agent:
Name: Peter Stern
Attn: DMCA Notice
Company: Zenbe, Inc.
Address: 156A Reade Street, NY NY 10013
Telephone: 6462573726
Fax: 7188754251
Email: copyright@zenbe.com
Zenbe has adopted a policy of terminating, in appropriate circumstances and at Zenbe's sole discretion, users who are deemed to be repeat infringers.
Third-Party Websites, Advertisers or Services
Zenbe's Service may contain links to third-party websites, advertisers, or services that are not owned or controlled by Zenbe. If you access a third party website from the Service, you do so at your own risk, and you understand that this Agreement and Zenbe's Privacy Policy do not apply to your use of such sites. You expressly relieve Zenbe from any and all liability arising from your use of any third-party website or services or third party owned content.
Indemnification
You agree to indemnify and hold harmless Zenbe, its officers, directors, employees and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney fees) arising from any violation of the Terms. This indemnification obligation will survive these Terms and your use of the website for 12 months.
No Warranty
THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. YOUR USE OF THE SERVICE IS AT YOUR OWN RISK.
ZENBE DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE ZENBE SERVICE OR ANY HYPERLINKED WEBSITE OR SERVICE, OR FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND ZENBE WILL NOT BE A PARTY TO OR IN ANY WAY MONITOR ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES.
Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL ZENBE, ITS AFFILIATES, DIRECTORS, EMPLOYEES OR ITS LICENSORS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES THAT RESULT FROM THE USE OF, OR INABILITY TO USE, THIS SERVICE, EVEN IF ZENBE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. IN NO EVENT SHALL ZENBE, ITS AFFILIATES, DIRECTORS, EMPLOYEES, OR LICENSORS BE LIABLE TO YOU FOR ANY CLAIMS, PROCEEDINGS, LIABILITIES, OBLIGATIONS, DAMAGES, LOSSES OR COSTS IN AN AMOUNT EXCEEDING THE AMOUNT YOU PAID TO ZENBE IN THE PREVIOUS SIX MONTHS FROM NOTIFICATION.
THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.
The Service is controlled from its facilities in the United States. Zenbe makes no representations that the Service is appropriate or available for use in other locations. Those who access or use the Service from other jurisdictions do so at their own volition and are responsible for compliance with local law.
Jursidiction General
This Agreement and these terms will be governed by and construed in accordance with the laws of the great State of California. Any claim or dispute arising under this Agreement shall be decided exclusively by a court of competent jurisdiction located in California. You may not transfer or assign this Agreement. This Agreement constitutes the entire agreement between you and Zenbe concerning the Service. If any provision of this Agreement is deemed invalid by a court of competent jurisdiction, the remaining provisions of this Agreement will remain in full force and effect. Zenbe's failure to assert any right or provision under this Agreement will not constitute a waiver of such right or provision.
Terms of Agreement
While we look forward to providing you with excellent service for a long period of time, you may cancel your Zenbe account at any time with no further obligation to Zenbe by following the instructions available from the Service.
Zenbe may terminate your account and your usage of the service at any time without notice.