This Agreement was last revised on 1st October 2014
Welcome to Zafigo.com (“Zafigo”).
1. Use of Our Service
Zafigo grants you permission to use the Service as set forth in this Agreement, provided that:
- You will not copy, distribute, or disclose any part of the Service in any medium unless specifically enabled by Zafigo as a feature of its services;
- You will not alter or modify any part of the Service other than as may be reasonably necessary to use the Service for its intended purpose; and
- You will otherwise comply with the terms and conditions of this Agreement.
You do not have to register in order to visit Zafigo. To access certain features of the Service, though, you may need to register and create a “Member” account with Zafigo. Your account gives you access to the services and functionality that we may establish and maintain from time to time and based on our sole discretion.
You may never use another Member’s account without permission. When creating your account, you must provide accurate and complete information. You are solely responsible for the activity that occurs on your account, and you must keep your account password secure. You must notify Zafigo immediately of any breach of security or unauthorized use of your account. Although Zafigo will not be liable for your losses caused by any unauthorized use of your account, you shall be liable for the losses of Zafigo or others due to such unauthorized use.
By providing Zafigo your email address, you consent to our using the email address to send you Service-related notices, including any notices required by law, in lieu of communication by postal mail. We may also use your email address to send you other messages, including changes to features of the Service and special offers. If you do not want to receive such email messages, you may opt out. Opting out may prevent you from receiving email messages regarding updates, improvements, or offers.
You agree not to use or launch any automated system, including without limitations, “robots,” “spiders,” “offline readers,” etc., that accesses the Service in a manner that sends more request messages to Zafigo’s servers than a human can reasonably produce in the same period of time by using a conventional online web browser.
You agree not to collect or harvest any personally identifiable information, including account names, from the Service nor to use the communication systems provided by the Service for any commercial solicitation purposes.
Zafigo may permanently or temporarily terminate, suspend, or otherwise refuse to permit your access to the Service without notice and liability, if, in Zafigo’s sole determination, you violate any of the terms of this Agreement, including the following prohibited actions:
- Attempting to interfere with, compromise the system integrity or security or decipher any transmissions to or from the servers running the Service;
- Taking any action that imposes, or may impose an unreasonable or disproportionately large load on our infrastructure;
- Uploading invalid data, viruses, worms, or other software agents through the Service;
- Impersonating another person or otherwise misrepresenting your affiliation with a person or entity, conducting fraud, hiding or attempting to hide your identity;
- Interfering with the proper working of the Service; or,
- Bypassing the measures we may use to prevent or restrict access to the Service.
Upon termination for any reason, you continue to be bound by this Agreement.
You are solely responsible for your interactions with other Zafigo Users. We reserve the right, but have no obligation, to monitor disputes between you and other Users. Zafigo shall have no liability for your interactions with other Users, or for any User’s action or inaction.
2. User Content
Some areas of the Service may allow Users to post feedback, comments, questions, and other information (“User Content”). You are solely responsible for your User Content that you upload, publish, display, link to or otherwise make available (hereinafter, “post”) on the Service, and you agree that Zafigo is only acting as a passive conduit for your online distribution and publication of your User Content.
You agree not to post User Content that:
- May create a risk of harm, loss, physical or mental injury, emotional distress, death, disability, disfigurement, or physical or mental illness to you, to any other person, or to any animal;
- May create a risk of any other loss or damage to any person or property;
- May constitute or contribute to a crime or tort;
- Contains any information or content that we deem to be unlawful, harmful, abusive, racially or ethnically offensive, defamatory, infringing, invasive of personal privacy or publicity rights, harassing, humiliating to other people (publicly or otherwise), libelous, threatening, or otherwise objectionable;
- Contains any information or content that is illegal;
- Contains any information or content that you do not have a right to make available under any law or under contractual or fiduciary relationships; or
- Contains any information or content that you know is not correct and current.
You agree that any User Content that you post does not and will not violate third-party rights of any kind, including without limitation any Intellectual Property Rights (as defined below) and rights of publicity and privacy. Zafigo reserves the right, but is not obligated, to reject and/or remove any User Content that Zafigo believes, in its sole discretion, violates these provisions.
For the purposes of this Agreement, “Intellectual Property Rights” means all patent rights, copyright rights, mask work rights, moral rights, rights of publicity, trademark, trade dress and service mark rights, goodwill, trade secret rights and other intellectual property rights as may now exist or hereafter come into existence, and all applications therefore and registrations, renewals and extensions thereof, under the laws of any state, country, territory or other jurisdiction.
Zafigo takes no responsibility and assumes no liability for any User Content that you or any other Users or third parties post or send over the Service. You understand and agree that any loss or damage of any kind that occurs as a result of the use of any User Content that you send, upload, download, stream, post, transmit, display, or otherwise make available or access through your use of the Service, is solely your responsibility. Zafigo is not responsible for any public display or misuse of your User Content.
You understand and acknowledge that you may be exposed to User Content that is inaccurate, offensive, indecent, or objectionable, and you agree that Zafigo shall not be liable for any damages you allege to incur as a result of such User Content.
3. License Grant
By posting any User Content on the Service, you expressly grant, and you represent and warrant that you have a right to grant, to Zafigo a royalty-free, sub-licensable, transferable, perpetual, irrevocable, non-exclusive, worldwide license to use, reproduce, modify, publish, list information regarding, edit, translate, distribute, publicly perform, publicly display, and make derivative works of all such User Content and your name, voice, and/or likeness as contained in your User Content, in whole or in part, and in any form, media or technology, whether now known or hereafter developed for use in connection with the Service.
Subject to the terms and conditions of this Agreement, you are hereby granted a non-exclusive, limited, personal license to use the Service. Zafigo reserves all rights not expressly granted herein in the Service and Zafigo Content (as defined below). Zafigo may terminate this license at any time for any reason or no reason.
4. Our Proprietary Rights
Except for your User Content, the Service and all materials therein or transferred thereby, including, without limitation, software, images, text, graphics, illustrations, logos, patents, trademarks, service marks, copyrights, photographs, audio, videos, music, and User Content (“Zafigo Content”), and all Intellectual Property Rights related thereto, are the exclusive property of Zafigo and its licensors.
Except as explicitly provided herein, nothing in this Agreement shall be deemed to create a license in or under any such Intellectual Property Rights, and you agree not to sell, license, rent, modify, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit or create derivative works from any materials or content accessible on the Service. Use of Zafigo Content or materials on the Service for any purpose not expressly permitted by this Agreement is strictly prohibited.
You may choose to or we may invite you to submit comments or ideas about the Service, including without limitation about how to improve the Service or our products (“Ideas”). By submitting any Idea, you agree that your disclosure is gratuitous, unsolicited and without restriction and will not place Zafigo under any fiduciary or other obligation, that we are free to disclose the Ideas on a non-confidential basis to anyone or otherwise use the Ideas without any additional compensation to you. You acknowledge that, by acceptance of your submission, Zafigo does not waive any rights to use similar or related ideas previously known to Zafigo, or developed by its employees, or obtained from sources other than you.
This Service is intended solely for Users who are 13 years of age or older, and any registration, use or access to the Service by anyone under 13 is unauthorized, unlicensed, and in violation of this Agreement. Zafigo may terminate your account, delete any content or information that you have posted on the Service, and/or prohibit you from using or accessing the Service (or any portion, aspect or feature of the Service) for any reason or no reason, at any time in its sole discretion, with or without notice, including without limitation if it believes that you are under 13.
If you are under 18 years of age you may use the Service only if you either are an emancipated minor, or possess legal parental or guardian consent, and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in this Agreement, and to abide by and comply with this Agreement.
We have implemented commercially reasonable technical and organizational measures designed to secure your personal information from accidental loss and from unauthorized access, use, alteration or disclosure. However, we cannot guarantee that unauthorized third parties will never be able to defeat those measures or use your personal information for improper purposes. You acknowledge that you provide your personal information at your own risk.
8. Additional Representations and Warranties
You shall be solely responsible for your own User Content and the consequences of posting or publishing it. In connection with User Content, you affirm, represent and warrant, in addition to the other representations and warranties in this Agreement, the following:
- You are at least 18 years of age, or if you are under 18 years of age you are either an emancipated minor, or possess legal parental or guardian consent, and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in this Agreement, and to abide by and comply with this Agreement.
- Your User Content and Zafigo’s use thereof as contemplated by this Agreement and the Service will not infringe any rights of any third party, including but not limited to any Intellectual Property Rights, privacy rights and rights of publicity.
- Zafigo may exercise the rights to your User Content granted under this Agreement without liability for payment of any guild fees, residuals, payments, fees, or royalties payable under any collective bargaining agreement or otherwise.
9. Third-Party Websites, Advertisers or Services
You agree to defend, indemnify and hold harmless Zafigo and its subsidiaries, agents, managers, and other affiliated companies, and their employees, contractors, agents, officers and directors, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney’s fees) arising from:
- Your use of and access to the Service, including any data or work transmitted or received by you;
- Your violation of any term of this Agreement, including without limitation, your breach of any of the representations and warranties above;
- Your violation of any third-party right, including without limitation any right of privacy, publicity rights or Intellectual Property Rights;
- Your violation of any law, rule or regulation of Malaysia, the United States or any other country;
- Any claim or damages that arise as a result of any of your User Content or any that are submitted via your account; or
- Any other party’s access and use of the Service with your unique username, password or other appropriate security code.
11. No Warranty
The service is provided on an “as is” and “as available” basis. Use of the service is at your own risk. The service is provided 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.
Without limiting the foregoing, Zafigo, its subsidiaries, and its licensors do not warrant that the content is accurate, reliable or correct; that the service will meet your requirements; that the service will be available at any particular time or location, uninterrupted or secure; that any defects or errors will be corrected; or that the service is free of viruses or other harmful components.
Any content downloaded or otherwise obtained through the use of the service is downloaded at your own risk and you will be solely responsible for any damage to your computer system or loss of data that results from such download.
Zafigo does not warrant, endorse, guarantee, or assume responsibility for any product or service advertised or offered by a third party through the Zafigo service or any hyperlinked website or service, or featured in any banner or other advertising, and Zafigo will not be a party to or in any way monitor any transaction between you and third-party providers of products or services.
12. Limitation of Liability
To the maximum extent permitted by applicable law, in no event shall Zafigo, its affiliates, directors, employees or its licensors be liable for any direct, indirect, punitive, incidental, special, consequential or exemplary damages, including without limitation damages for loss of profits, goodwill, use, data or other intangible losses, that result from the use of, or inability to use, this service. Under no circumstances will Zafigo be responsible for any damage, loss or injury resulting from hacking, tampering or other unauthorized access or use of the service or your account or the information contained therein.
To the maximum extent permitted by applicable law, Zafigo assumes no liability or responsibility for any:
- Errors, mistakes, or inaccuracies of content;
- Personal injury or property damage, of any nature whatsoever, resulting from your access to and use of our service;
- Any unauthorized access to or use of our secure servers and/or any and all personal information stored therein;
- Any interruption or cessation of transmission to or from the service;
- Any bugs, viruses, trojan horses, or the like that may be transmitted to or through our service by any third party;
- Any errors or omissions in any content or for any loss or damage incurred as a result of the use of any content posted, emailed, transmitted, or otherwise made available through the service; and/or
- User content or the defamatory, offensive, or illegal conduct of any third party.
In no event shall Zafigo, 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 Zafigo hereunder.
This limitation of liability section applies whether the alleged liability is based on contract, tort, negligence, strict liability, or any other basis, even if Zafigo has been advised of the possibility of such damage. The foregoing limitation of liability shall apply to the fullest extent permitted by law in the applicable jurisdiction.
The Service is controlled and operated from facilities in Malaysia and other territories where Zafigo is present. Zafigo 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 entirely responsible for compliance with local law, including but not limited to export and import regulations.
This Agreement, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by Zafigo without restriction.