Zumbook, LLC (ZB) hereby provides access to the information, materials and services of this website and other sites accessed through this website (hereinafter collectively referred to as "Content"), subject to the terms and conditions herein. You are permitted to access and use this website subject to your agreement to and compliance with the terms hereof.
2. Proprietary Rights
2.1 The provisions of this Section apply to every user of the Zumbook.com website sometimes referred to as a Member.
2.2 Zumbook.com and all applicable marks/logos are trademarks and/or service marks of ZB.
2.3 Zumbook.com is a registered internet domain of ZB.
2.4 All names, products, services (other than those of ZB) mentioned herein are trademarks/service marks/domains (registered or otherwise) of applicable third parties who have granted ZB the right or license to use such.
2.5 Except as permitted under United States and international copyright, trademark and other intellectual property law or by the express terms of this website, you are not permitted to copy, transmit, publish, reproduce, redistribute, modify, sell, create derivative works or publicly display, perform or distribute or otherwise use the content of this website in any way for public or commercial purposes without prior written consent of ZB or other applicable intellectual property right owners.
3. Conditions of Access/Use
3.1 Your use of this website is subject to the terms of this agreement, as updated by ZB from time to time, and the current rules and policies posted on the website, all of which are hereby incorporated by reference. We will endeavor to notify you of any changes to the Terms and Conditions by posting to the main page of the website and will make an effort to send a notice to the mailing lists on file. However, ZB shall not be liable for failure to note changes to the Terms and Conditions. The most current version of the Terms and Conditions is posted at the bottom of the page on the website. In the event of any conflict or inconsistency between the terms of this Terms and Conditions and the rules and policies posted on the website, the website rules and policies shall supersede and govern. Notwithstanding anything set forth above in this paragraph to the contrary, we will not make changes to your rights in posted work as described in Section 4 below without your consent.
3.2 As a condition of your access and use of this website, you will not access and use this website for any unlawful purpose.
3.3 You agree to abide by all applicable federal, state, local and international laws, regulations and rules, including, without limitation, tax laws, customs duties and import/export controls, and you agree that you are solely responsible for all acts or omissions associated with your access and use of this website.
3.4 You agree to abide by all the proprietary notices contained in this website.
4. Dealings through this Website
4.1 ZB is a service created to allow writers to upload and print their books
4.2 Any dealings with parties other than ZB are exclusively between you and such other third parties. ZB shall not be responsible or liable for any part of any such dealings, including, without limitation, terms and conditions, warranties or representations associated therewith.
4.3 ZB is not and shall not be a party to any disputes between users of this site, registered or otherwise.
5. Copyrighted Material
ZB owns a copyright in all aspects of the website original to it, including, but not limited to, selection, coordination, arrangement and enhancement of the website, as well as in ZB's original content on the website.
If you are accessing or using ZB's website on behalf of another person or entity, you shall assume any personal liability for wrongful use of this website.
7. Service/Product Availability
7.1 This website may contain references to products or services that are not announced or available to you. You should consult the business representatives of any offering party for information regarding the goods or services that may be available to you.
7.2 The product manufactured under this agreement is not intended for use by infant/toddler and makes no claims as to the likelihood of being determined infant/toddler safe.
7.3 Digital printing cannot guarantee repetition of exact color, there may be variance in hues between orders.
8.1 You are permitted to communicate through or to this website (hereinafter referred to as "Communications"), provided such Communications shall not be untrue, unlawful, harmful, misleading, threatening, abusive, malicious, harassing, tortuous, defamatory, vulgar, obscene, libelous, invasive of others’ privacy, hateful, or racially, ethically or otherwise objectionable.
8.2 You shall assume full responsibility for any Communications sent to or through this website, and shall not hold ZB, its parents, subsidiaries, affiliates, members and employees harmless for any liabilities incurred as a result of or in connection with your Communications. ZB shall have no obligation or liability whatsoever as to any such Communications, including, but not limited to, any Communications posted on any forums of this website.
8.3 ZB is not a party to any user-to-user Communications and shall have no obligation or liability with respect thereto.
8.4 Unless otherwise agreed to in writing, any Communications transmitted to or posted on this website under the Public option by you shall be considered non-confidential.
8.5 ZB may, but shall have no obligation to, monitor, limit, restrict, retain or forward the content of any Communications in ZB’s sole discretion.
8.6 ZB reserves the right at all times to review, retain and/or disclose any information necessary to satisfy any applicable law, regulation, legal process or governmental request. ZB also reserves the right to change, restrict access to, suspend, or discontinue the services offered through this website, or any portion of this website, at any time.
9. System Performance
The structure, sequence, organization and assembling of data, databases, compilations, any derivatives generated therefrom are protected content. You are not permitted to extract from this website except as expressly authorized by ZB.
10.1 Registration for access to and for the use of this website is free unless otherwise indicated.
10.2 Users of this website are required to complete the website’s registration process. Your membership to the website is not transferable or assignable. You maintain full responsibility for maintaining the confidentiality of your password and account information for all activities that occur under your password or account. You shall not permit: (a) any other person to use your password or to access the website under your registered user name; or (b) any other person to access the website through a single name being made available to multiple users on a network.
You agree to: (a) immediately notify ZB of any unauthorized use of your password or account or any other breach of security by email correspondence to the administrators of ZB; and (b) ensure that you exit and log off from your account at the end of each session if your computer is subject to use by any person other than the registered user. ZB shall not be liable for your failure to comply with this section or to take appropriate security measures.
10.3 You agree to: (a) abide by the terms of the Terms and Conditions and all other rules and policies posted on the website; (b) to honor the requests made by ZB and its agents with respect to your activities on the website; (c) to provide ZB with accurate and complete registration information, when registering with the website; and (d) check for updates and update notices of the Terms and Conditions and the rules and policies posted on the website.
Any notices from ZB to you shall be deemed given if sent by email, and are deemed effective as of the date of the email.
12. General Disclaimer and Disclaimer of Warranty
12.1 This website and the content provided on this website may be subject to technical inaccuracies or interruptions, errors, prior modifications, subsequent changes, withdrawal or discontinuance at any time without notice. The accuracy, completeness, security and proper functioning of this website are not guaranteed by ZB.
12.2 ZB does not warrant that this website and its linked websites are free of such items as viruses, worms, trojan horses or other destructive items. It is your responsibility to take precautions related thereto.
12.3 NO OFFER OR SOLICITATION IS MADE BY ZB HEREIN AND NONE MAY BE INFERRED.
12.4 THE WEBSITE AND ALL FEATURES THEREOF ARE PROVIDED ON AN "AS IS" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE OR NON-INFRINGEMENT OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OTHER THAN THOSE WARRANTIES WHICH ARE IMPLIED BY AND INCAPABLE OF EXCLUSION UNDER THE APPLICABLE LAW. NEITHER ZB, NOR ANY OF ITS OWNERS, OFFICERS, DIRECTORS, OPERATORS, PARTNERS, EMPLOYEES, AGENTS, SUBCONTRACTORS, LICENSORS, SUCCESSORS, ASSIGNS, AFFILIATES, OR THIRD PARTY SUPPLIERS (COLLECTIVELY “AFFILIATED PARTIES”) WARRANT THAT THE WEBSITE WILL BE UNINTERRUPTED OR FREE OF ERRORS; NOR DO THEY MAKE ANY WARRANTY AS TO THE ACCURACY OR RELIABILITY OF ANY INFORMATION OBTAINED FROM THE WEBSITE, OR ANY RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE WEBSITE.
13. Limitation of Liability
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL ZB OR ITS AFFILIATED PARTIES BE LIABLE FOR ANY DAMAGES, INCLUDING, WITHOUT LIMITATION, DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL (INCLUDING, BUT NOT LIMITED TO, LOST BUSINESS OR LOST PROFITS) OR PUNITIVE DAMAGES ARISING OUT OF THE USE OF OR INABILITY TO USE THE WEBSITE, THE CONTENT CONTAINED ON THE WEBSITE, OR IN CONNECTION WITH ZB COMPETITIONS OR THE PAID REVIEWER PROGRAM OR OTHERWISE. YOU SPECIFICALLY ACKNOWLEDGE THAT NEITHER ZB NOR ITS AFFILIATED PARTIES ARE LIABLE FOR ANY DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF OTHER MEMBERS OF THE WEBSITE AND THAT THE RISK OF INJURY FROM THE FOREGOING RESTS SOLELY WITH YOU.
THE NEGATION AND LIMITATION OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN ZB AND THE USER. THIS WEBSITE WOULD NOT BE PROVIDED WITHOUT SUCH LIMITATIONS.
IN THE EVENT THE ABOVE LIMITATION OF LIABILITY IS PROHIBITED BY APPLICABLE LAW, THE TOTAL AGGREGATE LIABILITY OF ZB AND ITS AFFILIATED PARTIES IN CONNECTION WITH ANY CLAIM ARISING OUT OF OR RELATING TO THE WEBSITE SHALL NOT EXCEED FIFTY U.S. DOLLARS ($50.00), AND SUCH AMOUNT SHALL BE IN LIEU OF ALL OTHER REMEDIES WHICH YOU MAY HAVE AGAINST ZB OR ITS AFFILIATED PARTIES.
YOU AGREE TO DEFEND, INDEMNIFY AND HOLD HARMLESS ZB AND ITS AFFILIATED PARTIES FROM AND AGAINST ALL CLAIMS, DAMAGES, LIABILITY AND EXPENSES (INCLUDING ATTORNEYS' FEES), ARISING OUT OF, OR IN CONNECTION WITH YOUR VIOLATION OF THE TERMS AND CONDITIONSOR YOUR USE OF THE WEBSITE, INCLUDING, BUT NOT LIMITED TO, ANY MATERIAL YOU POST TO THE WEBSITE OR YOUR PARTICIPATION IN ZB COMPETITIONS.
14. Non-Exclusive Revocable License
Access to and use of this website are subject to a limited, non-exclusive, personal and revocable license from ZB which is subject to suspension, cancellation, transfer or modification at any time pursuant to the policies of ZB then in effect.
By accessing or using this website, you agree to indemnify and hold harmless ZB from any losses or damages, including, without limitation, direct, indirect, punitive, tangible or intangible, incidental, special or consequential damages, as well as expenses including, but not limited to, attorneys' fees, arising or resulting from or in any way connected with your access to this website.
16. No Assignment
Your rights and obligations hereunder are not assignable. Any attempted or actual assignment thereof by you shall be null and void unless expressly authorized in writing by ZB.
17. Governing Law
Use of and access to this website shall be governed by the laws of the State of Arizona, U.S.A., without regard to its conflict of laws principles.
Any controversy or claim by or against ZB shall be resolved by final and binding arbitration under the rules of the American Arbitration Association then in effect. Judgment upon the arbitration award may be entered in any court having jurisdiction.
Without diminishing the effectiveness of the arbitration clause herein, you consent to the jurisdiction of the Federal and/or State courts having jurisdiction in the State of Arizona, U.S.A., any you waive any claim of lack of jurisdiction, improper venue or inconvenient forum.
20.1 Each provision included herein shall be independently enforceable in accordance with its terms.
20.2 Should any provision included herein be determined to be invalid or unenforceable pursuant to applicable law, a valid and enforceable construction that is close to the original commercial intent shall be given to and supersede such provision, and the balance hereof shall remain in effect.
21. Survival of Rights and Remedies
21.1 The rights and remedies of ZB hereunder shall be cumulative and may be exercised concurrently at ZB’s option and are in addition to the rights and remedies available to ZB at law and in equity, and shall survive the termination of your access to and use of this website.
21.2 All rights and remedies not expressly provided herein are hereby reserved by ZB.
22. Revision and Amendment
No modification or amendment of any provision of this Legal Notice shall be valid unless made in writing and signed by ZB. ZB reserves the right to revise or amend this Legal Notice at any time for any reason, and any such revision or amendment shall apply as of the date designated.
23. Independent Investigation
YOU ACKNOWLEDGE THAT YOU HAVE READ THESE TERMS AND CONDITIONS CAREFULLY AND UNDERSTAND AND AGREE TO ALL OF THEM IN THEIR ENTIRETY. YOU HAVE INDEPENDENTLY EVALUATED THE DESIRABILITY OF USING THIS WEBSITE, AND ARE NOT RELYING UPON ANY WARRANTY, REPRESENTATION, GUARANTEE, OR STATEMENT OTHER THAN AS SET FORTH HEREIN.
24. Entire Agreement
By accessing this website, you agree that the terms and conditions contained in this Legal Notice (including those incorporated by reference) represent the entire understanding between ZB and you with respect to your access and use of ZB’s website, and supersede any prior or contemporaneous, conflicting or additional understanding or communications between you and ZB.
Last updated August, 2017