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AGREEMENT TO TERMS

Supplemental Terms and Modifications

Additional terms or documents posted on the Site from time to time are expressly incorporated into these Terms of Use. We retain the right, at our sole discretion, to modify or amend these Terms of Use at any time and for any reason. Notification of changes will be provided by updating the “Last Updated” date, and you waive the right to receive specific notice for each change. It is your responsibility to regularly review these Terms of Use to stay informed about updates. Your continued use of the Site after the posting of any revised Terms of Use indicates your acceptance of such changes.

Applicability of Information

The information on the Site is not intended for distribution or use by any person or entity in any jurisdiction or country where such distribution or use would violate law or regulation, or impose registration requirements on us within that jurisdiction or country. Individuals accessing the Site from other locations do so voluntarily and are solely responsible for compliance with local laws, where applicable.

Age Restriction and Intellectual Property Rights

The Site is intended for users aged 18 and above. Individuals under 18 are not permitted to use or register for the Site.

Intellectual Property Rights

The Site, unless stated otherwise, is our exclusive property. All Content (source code, databases, functionality, software, designs, audio, video, text, photographs, graphics) and Marks (trademarks, service marks, logos) on the Site are owned or controlled by us or licensed to us. These are protected by copyright, trademark, and other intellectual property rights laws. The Content and Marks are provided on the Site “AS IS” for your personal use only. Without our express written permission, no part of the Site, Content, or Marks may be exploited for any commercial purpose, including copying, reproducing, aggregating, republishing, uploading, posting, publicly displaying, encoding, translating, transmitting, distributing, selling, or licensing.

Eligible users are granted a limited license to access and use the Site, downloading or printing a copy of the Content for personal, non-commercial use only. We retain all rights not expressly granted to users in relation to the Site, Content, and Marks.

User Representations

By using the Site, you represent and warrant that:

  1. All registration information is true, accurate, current, and complete.
  2. You will maintain and promptly update accurate registration information.
  3. You possess legal capacity and agree to comply with these Terms of Use.
  4. You are not a minor in your jurisdiction.
  5. You will not access the Site through automated or non-human means.
  6. You will not use the Site for any illegal or unauthorized purpose.
  7. Your use of the Site will not violate any applicable law or regulation.

Providing untrue, inaccurate, outdated, or incomplete information may lead to the suspension or termination of your account and refusal of current or future Site use.

User Registration and Fees

User Registration: You may need to register with the Site, keeping your password confidential. You are responsible for all activities on your account. We reserve the right to change inappropriate, obscene, or objectionable usernames.

Fees and Payment: Accepted payment methods include PayPal, Visa, American Express, Mastercard, and Discover. Some services may require payment, and you agree to provide accurate purchase and account information. Keep payment details updated. Prices may change, and charges will be in U.S. dollars. You authorize recurring charges for subscriptions until canceled. We reserve the right to correct pricing errors and refuse orders.

Cancellation: All purchases are non-refundable. Cancel subscriptions anytime, effective at the end of the current paid term. Automatic renewal occurs one month or one year after purchase. Users can cancel before renewal. If canceled, or due to payment issues, access to subscription content/tools ends after the paid period. To cancel auto-renewal, use the Unsubscribe button in the Pricing screen.

Refunds and Returns: No refunds for digital products once confirmed and sent. Exceptions may apply if required by law or if the Service significantly differs from the description provided on official channels. For concerns, contact help@zibfy.com.

Prohibited Activities: Use the Site only for its intended purpose. Commercial use, unless endorsed or approved by us, is prohibited.

As a user of the Site, you agree not to:

  1. Systematically retrieve data or content from the Site without written permission to create compilations, databases, or directories.
  2. Make unauthorized use of the Site, including collecting user information for unsolicited emails or creating accounts under false pretenses.
  3. Use buying agents to make purchases on the Site.
  4. Circumvent or interfere with security features of the Site.
  5. Engage in unauthorized framing or linking to the Site.
  6. Trick, defraud, or mislead us or other users, especially in attempts to obtain sensitive account information.
  7. Improperly use support services or submit false reports.
  8. Engage in automated use, such as sending automated comments or messages or using data mining tools.
  9. Interfere with the normal functioning of the Site.
  10. Attempt to impersonate another user or person.
  11. Sell or transfer your profile.
  12. Use information from the Site to harass, abuse, or harm others.
  13. Use the Site for competitive purposes or any revenue-generating enterprise.
  14. Reverse engineer or attempt to decipher the Site’s software.
  15. Attempt to bypass measures preventing access to the Site.
  16. Harass, annoy, intimidate, or threaten Site employees or agents.
  17. Delete copyright or proprietary rights notices from any Content.
  18. Copy or adapt the Site’s software code.
  19. Upload viruses, Trojan horses, or other disruptive material.
  20. Transmit any material acting as an information collection or transmission mechanism (e.g., spyware).
  21. Use automated systems like spiders, robots, or scrapers without authorization.
  22. Disparage or harm us and/or the Site.
  23. Use the Site in violation of applicable laws or regulations.

USER GENERATED CONTRIBUTIONS

The Site may provide opportunities to contribute to blogs, message boards, forums, and other functionalities, allowing you to create, submit, post, display, transmit, perform, publish, distribute, or broadcast content and materials (collectively, “Contributions”). Contributions may be visible to other users and through third-party websites, treating them as non-confidential and non-proprietary. By creating Contributions, you represent and warrant that:

  1. Your Contributions do not infringe third-party proprietary rights.
  2. You own or have necessary licenses, rights, consents, releases, and permissions for Contributions.
  3. You have written consent for the use of identifiable individuals’ names or likenesses in Contributions.
  4. Your Contributions are accurate and not misleading.
  5. Contributions are not unsolicited advertising, promotional materials, pyramid schemes, spam, or solicitation.
  6. Contributions are not objectionable, obscene, violent, harassing, or otherwise inappropriate.
  7. Contributions do not ridicule, mock, disparage, intimidate, or abuse.
  8. Contributions do not advocate violence or threaten harm.
  9. Contributions comply with applicable laws, regulations, and rules.
  10. Contributions do not violate privacy or publicity rights.
  11. Contributions do not solicit personal information from or exploit individuals under 18.
  12. Contributions do not violate laws concerning child pornography.
  13. Contributions avoid offensive comments based on race, origin, gender, sexual preference, or physical handicap.
  14. Contributions comply with these Terms of Use and applicable laws.

Violation may result in termination or suspension of your Site usage rights.

CONTRIBUTION LICENSE

User Contributions and License:

By posting your Contributions on the Site or linking your account to social networking accounts, you automatically grant us an unrestricted, irrevocable, non-exclusive, worldwide license to use, copy, disclose, sell, publish, broadcast, and distribute your Contributions for any purpose, commercial or otherwise. This includes the right to create derivative works and sublicense others. The license applies to any media format, technology, or channels.

This license covers your name, company name, franchise name, trademarks, service marks, trade names, logos, and personal and commercial images provided by you. You waive moral rights in your Contributions, and you confirm no moral rights have been asserted.

You retain full ownership and intellectual property rights of your Contributions. We are not liable for any statements or representations in your Contributions. You agree to release us from any responsibility and legal action related to your Contributions.

We reserve the right to edit, re-categorize, or delete Contributions at our discretion, without notice, and have no obligation to monitor them.

SOCIAL MEDIA

SUBMISSIONS

U.S. GOVERNMENT RIGHTS

SITE MANAGEMENT

PRIVACY POLICY

COPYRIGHT INFRINGEMENTS

TERM AND TERMINATION

MODIFICATIONS AND INTERRUPTIONS

GOVERNING LAW

DISPUTE RESOLUTION

DISCLAIMER


LIMITATIONS OF LIABILITY

IN NO EVENT WILL WE OR OUR DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES, INCLUDING LOST PROFIT, LOST REVENUE, LOSS OF DATA, OR OTHER DAMAGES ARISING FROM YOUR USE OF THE SITE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. REGARDLESS OF THE FORM OF THE ACTION, OUR LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER WILL BE LIMITED TO THE LESSER OF THE AMOUNT PAID, IF ANY, BY YOU TO US DURING THE ten (10) MONTH PERIOD PRIOR TO ANY CAUSE OF ACTION ARISING OR $50.00 USD. CERTAIN STATE LAWS MAY 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 OR LIMITATIONS MAY NOT APPLY, AND YOU MAY HAVE ADDITIONAL RIGHTS.

INDEMNIFICATION

You agree to defend, indemnify, and hold us, including our subsidiaries, affiliates, officers, agents, partners, and employees, harmless from any loss, damage, liability, claim, or demand, including reasonable attorneys’ fees and expenses, made by any third party due to or arising out of: (1) your Contributions; (2) use of the Site; (3) breach of these Terms of Use; (4) any breach of your representations and warranties set forth in these Terms of Use; (5) your violation of the rights of a third party, including intellectual property rights; or (6) any overt harmful act toward any other user of the Site with whom you connected via the Site. We reserve the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us. You agree to cooperate with our defense of such claims. We will use reasonable efforts to notify you of any claim subject to this indemnification upon becoming aware of it.

USER DATA

While we maintain certain data that you transmit to the Site to manage its performance, as well as data related to your use of the Site, you are solely responsible for all data transmitted or relating to any activity you undertake on the Site. Although routine backups are performed, we have no liability for any loss or corruption of such data. You waive any right of action against us arising from any such loss or corruption of data.

ELECTRONIC COMMUNICATIONS, TRANSACTIONS, AND SIGNATURES

Your visit to the Site, sending emails, and completing online forms all constitute electronic communications. By using the Site, you consent to receive electronic communications from us, and you agree that all agreements, notices, disclosures, and other communications provided to you electronically, via email, and on the Site meet any legal requirement for written communication. YOU EXPRESSLY CONSENT TO THE USE OF ELECTRONIC SIGNATURES, CONTRACTS, ORDERS, AND OTHER RECORDS, AND TO ELECTRONIC DELIVERY OF NOTICES, POLICIES, AND TRANSACTION RECORDS INITIATED OR COMPLETED BY US OR THROUGH THE SITE. You hereby waive any rights or requirements under any statutes, regulations, rules, ordinances, or other laws in any jurisdiction that necessitate an original signature, or the delivery or retention of non-electronic records, or that payments or granting of credits must be made by non-electronic means.

CALIFORNIA USERS AND RESIDENTS

If you have an unresolved complaint with us, you can contact the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs. This unit can be reached in writing at 1625 North Market Blvd., Suite N 112, Sacramento, California 95834, or by telephone at (800) 952-5210 or (916) 445-1254.

MISCELLANEOUS


MISCELLANEOUS

These Terms of Use, along with any additional policies or rules posted by ZiBfy on the Site, constitute the complete agreement between you and ZiBfy. Any failure on our part to enforce or exercise any right or provision in these Terms of Use shall not be deemed a waiver of such right or provision. These Terms of Use are enforceable to the maximum extent permitted by law. We reserve the right to assign any or all of our rights and obligations to others at any time. We are not liable for any loss, damage, delay, or failure to act caused by factors beyond our reasonable control. If any provision or part of a provision in these Terms of Use is found to be unlawful, void, or unenforceable, that provision or part is deemed separate from these Terms of Use and does not affect the validity and enforceability of the remaining provisions. No joint venture, partnership, employment, or agency relationship is created between you and ZiBfy through these Terms of Use or your use of the Site. You agree that these Terms of Use will not be construed against ZiBfy based on the party responsible for drafting them. You hereby waive any defenses related to the electronic form of these Terms of Use and the absence of physical signatures by the parties involved in executing these Terms of Use.


CONTACT US

For complaint resolution or additional information about the Site, contact us at:

ZiBfy

help@zibfy.com