Terms and Conditions
1. You should assume that everything you see or read on this Website
is copyrighted unless otherwise noted, and may not be used except as
provided in these Terms and Conditions without the written permission of
Zuko.com or it’s parent company e’Media Inc.. Zuko.com neither warrants
nor represents that your use of materials displayed on the Website will
not infringe rights of third parties not owned by or affiliated with
Zuko.com or e’Media Inc.
2. While Zuko.com uses reasonable efforts to include accurate and up
to date information in the Website, Zuko.com makes no warranties or
representations as to its accuracy. Zuko.com assumes no liability or
responsibility for any errors or omissions in the content of the
Website.
3. Your use of or access to this Website is at your risk. Neither
Zuko.com nor any other party involved in creating, producing, or
delivering this Website is liable for any direct, incidental,
consequential, indirect, or punitive damages arising out of your access
to, or use of, the Website. Without limiting the foregoing, everything
on the Website is provided to you "AS IS" WITHOUT WARRANTY OF ANY KIND,
EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED
WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR
NON-INFRINGEMENT. (Some jurisdictions may not allow the exclusion of
implied warranties. Check your local laws for any restrictions or
limitations regarding exclusion of implied warranties.)
4.
Zuko.com assumes no responsibility, and shall not be liable for,
any damages to, or viruses that may infect, your computer equipment or
other electronic property through your access to, use of, or browsing of
the Website, or your downloading of any materials, data, text, images,
video, or audio from the Website.
5.
It is the policy of Zuko.com's not to accept or consider
unsolicited creative materials, ideas, or suggestions. This is to avoid
any misunderstandings if your ideas are similar to those we have
developed independently. Therefore we must request that you do not send
to us any original creative materials such as stories, original artwork,
photos, etc. Any communication or material you do transmit to the
Website by electronic mail or otherwise will be treated as
non-confidential and non-proprietary. Anything you transmit or post may
be used by Zuko.com or its affiliates for any purpose, including, but
not limited to, reproduction, disclosure, transmission, publication,
broadcast and posting. Furthermore, Zuko.com is free to use any ideas,
concepts, know-how, or techniques contained in any communication you
send to the Website for any purpose whatsoever including, but not
limited to, developing, manufacturing and marketing products using such
information.
6. Images of people or places displayed on the Website are either
the property of, or used with permission by, Zuko.com. The use of these
images by you, or anyone else authorized by you, is prohibited unless
specifically permitted by these Terms and Conditions or specific
permission provided elsewhere on the Website. Any unauthorized use of
the images may violate copyright laws, trademark laws, the laws of
privacy and publicity, and communications regulations and statutes.
7. The trademarks, logos, and service marks (collectively the
"Trademarks") displayed on the Website are registered and unregistered
Trademarks of Zuko.com and others. Nothing contained on the Website
should be construed as granting, by implication, estoppel, or otherwise,
any license or right to use any Trademark displayed on the Website
without the written permission of Zuko.com or such third party that may
own the Trademarks displayed on the Website. Your misuse of the
Trademarks displayed on the Website, or any other content on the
Website, except as provided in these Terms and Conditions, is strictly
prohibited. You are also advised that Zuko.com will aggressively enforce
its intellectual property rights to the fullest extent of the law,
including the seeking of criminal prosecution.
8.
Zuko.com has not reviewed all of the Websites linked to the
Website and is not responsible for the content of any off-Website pages
or any other Websites linked to the Website. Your linking to any other
off-Website pages or other Websites is at your own risk.
9.
Although Zuko.com may from time to time monitor or review
discussions, chats, postings, transmissions, bulletin boards, and the
like on the Website, Zuko.com is under no obligation to do so and
assumes no responsibility or liability arising from the content of any
such locations nor for any error, defamation, libel, slander, omission,
falsehood, obscenity, pornography, profanity, danger, or inaccuracy
contained in any information within such locations on the Website. You
are prohibited from posting or transmitting any unlawful, threatening,
libelous, defamatory, obscene, scandalous, inflammatory, pornographic,
or profane material or any material that could constitute or encourage
conduct that would be considered a criminal offense, give rise to civil
liability, or otherwise violate any law. Zuko.com will fully cooperate
with any law enforcement authorities or court order requesting or
directing Zuko.com to disclose the identity of anyone posting any such
information or materials.
10. You agree to indemnify, defend and hold Zuko.com and its
affiliates, and their respective officers, directors, owners, agents,
information providers and licensors (collectively, the "Indemnified
Parties") harmless from and against any and all claims, liability,
losses, costs and expenses (including attorneys' fees) incurred by any
Indemnified Party in connection with any breach by you of these Terms
and Conditions. Zuko.com reserves the right, at its own expense, to
assume the exclusive defense and control of any matter otherwise subject
to indemnification by you, and in such case, you agree to cooperate with
Zuko.com's defense of such claim.
11. The Websites are controlled and operated by Zuko.com Studios,
Inc. from its offices within the State of Illinois, United States of
America. Zuko.com, Inc. makes no representation that materials in the
Websites are appropriate or available for use in other locations and
other countries. Those who choose to access the Websites from other
locations do so on their own initiative and are responsible for
compliance with local laws, if and to the extent local laws are
applicable.
This agreement
shall be governed by, construed and enforced in accordance with the laws
of the State of Illinois, as it is applied to agreements entered into
and to be performed entirely within such State. Any action you, any
third party or Zuko.com Studios, Inc. bring to enforce this agreement
or, in connection with, any matters related to this Website shall be
brought only in either the state or Federal Courts located in Chicago,
Illinois, and you expressly consent to the jurisdiction of said courts.
If any provision of this agreement shall be unlawful, void, or for any
reason unenforceable, then that provision shall be deemed severable from
this agreement and shall not affect the validity and enforceability of
any remaining provisions. This is the entire agreement between the
parties relating to the matters contained herein and shall not be
modified except in writing, signed by Zuko.com or its parent company
e’Media Inc..
12. Software from this Website is further subject to United States
Export Controls. No software from this Website may be downloaded or
exported (i) into (or to a national or resident of) Cuba, Iraq, Libya,
North Korea, Iran, Syria, or any other country to which the United
States has embargoed goods; or (ii) anyone on the United States Treasury
Department's list of Specially Designated Nationals or the U.S. Commerce
Department's Table of Deny Orders. By downloading or using the software,
you represent and warrant that you are not located in, under the control
of, or a national or resident of any such country or on any such list.
13. Zuko.com may at any time revise these Terms and Conditions by
updating this posting. You are bound by any such revisions and should
therefore periodically visit this page to review the then current Terms
and Conditions to which you are bound.
To review Zuko.com
Privacy Policy, please
click
here.
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