ZIPBOXMEDIA, LLC. (“ZIPBOXMEDIA”) offers this Web site, including all information, software, products and services available from this Web site or offered as part of or in conjunction with this Web site (the "Web site"), to you, the user, conditioned upon your acceptance of all of the terms, conditions, policies and notices stated here. ZIPBOXMEDIA reserves the right to make changes to these Terms and Conditions immediately by posting the changed Terms and Conditions in this location. Your continued use of the Web site constitutes your agreement to all such terms, conditions and notices, and any changes to the Terms and Conditions made by ZIPBOXMEDIA.
USE THE WEB SITE AT YOUR OWN RISK. THIS WEB SITE IS PROVIDED TO YOU "AS IS," WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE OR NON-INFRINGEMENT. ZIPBOXMEDIA MAKES NO WARRANTY THAT ANY CONTENT CONTAINED ON THIS WEB SITE SATISFIES ANY APPLICABLE GOVERNMENT LAW, REGULATION OR REQUIREMENT. Neither ZIPBOXMEDIA nor its employees, agents, third-party information providers, merchants, licensors or the like warrant that the Web site or its operation will be accurate, reliable, uninterrupted or error-free. No agent or representative has the authority to create any warranty regarding the Web site on behalf of ZIPBOXMEDIA. ZIPBOXMEDIA reserves the right to change or discontinue at any time any aspect or feature of the Web site.
EXCLUSION OF LIABILITY
UNDER NO CIRCUMSTANCES, INCLUDING NEGLIGENCE, SHALL ZIPBOXMEDIA OR ANYONE ELSE INVOLVED IN CREATING, PRODUCING, STORING OR DISTRIBUTING THE WEB SITE BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES AND EXPENSES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, LOST PROFITS, AND DAMAGES ARISING FROM LOST DATA OR BUSINESS INTERRUPTION) ARISING OUT OF OR IN ANY WAY CONNECTED WITH USE OF THE WEB SITE, DELAY OR INABILITY TO USE THE WEB SITE, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS OR SERVICES OBTAINED THROUGH THE WEB SITE, WHETHER SUCH DAMAGES ARE BASED ON CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOU SPECIFICALLY AGREE THAT NO LICENSOR, SUPPLIER OR INFORMATION PROVIDER TO ZIPBOXMEDIA OR ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES OR AGENTS, OR ANY OF THEIR SUCCESSORS OR ASSIGNS, SHALL HAVE ANY LIABILITY TO YOU FOR ANY REASON OR UNDER ANY THEORY WHATSOEVER, BASED UPON THE INFORMATION PROVIDED ON OR THROUGH THE WEB SITE. Because some states do not permit the exclusion or limitation of liability for consequential or incidental damages, some or all of the above limitation may not apply to you.
You agree to defend, indemnify and hold ZIPBOXMEDIA, its officers, directors, affiliated companies, employees and agents, licensors and suppliers harmless from and against any and all claims, actions or demands, liabilities and settlements, including, without limitation, reasonable legal fees and all other litigation related costs, resulting from, or alleged to result from, your use of the ZIPBOXMEDIA site, or any content, product or service offered through the ZIPBOXMEDIA site, in a manner that violates or is alleged to violate (i) these Terms and Conditions or (ii) any legal rights of any other persons, or (iii) any applicable law, rule or regulation. ZIPBOXMEDIA shall provide notice to you of any such claim, suit or proceeding and shall reasonably cooperate with you, at your expense, in your defense of any such claim, suit or proceeding.
FEATURED LINKS AND ADVERTISEMENTS
The Web site may contain hyperlinks to Web sites offered by parties other than ZIPBOXMEDIA. Such hyperlinks are provided for your reference and convenience only. ZIPBOXMEDIA does not control such other Web sites and is not responsible for their content; nor does ZIPBOXMEDIA's inclusion of hyperlinks to such Web sites imply any endorsement of the material on such Web sites or any association with their operators. Unless otherwise specifically stated on this Web site, ZIPBOXMEDIA does not endorse any product or service or make any representation regarding the reliability, quality or accuracy of any products or services featured in, or linked to, any advertisement appearing on this Web site.
Unless you are subsequently advised otherwise by ZIPBOXMEDIA, you are hereby licensed to create hyperlinks to the content on the Web site, provided that the hyperlink accurately describes the content as it appears on the Web site. ZIPBOXMEDIA reserves the right to revoke this license generally, or your right to use specific links, at any time, and may normally break any hyperlink after 14 days. Under no circumstances may you "frame" the Web site or any of its content or copy portions of the Web site to a server, except as part of an Internet service provider's incidental caching of pages. Each page within the Web site must be displayed in full (including all trademarks, branding, advertising and promotional materials), without any accompanying frame, border, margin, design, branding, trademark, advertising or promotional materials not originally displayed on the page within the Web site.
SOFTWARE AVAILABLE ON WEB SITE
Any software that is made available to download from this Web site is the copyrighted work of ZIPBOXMEDIA and/or its suppliers. Your use of the software is governed by the terms of the End User License Agreement, if any, that accompanies or is included with the software. You may not install or use any software without first agreeing to the terms of such End User License Agreement. For any software not accompanied by an End User License Agreement, ZIPBOXMEDIA hereby grants to you a personal, nontransferable, non-sublicensable license to use the software for viewing and other purposes within the scope of use of such software anticipated by ZIPBOXMEDIA in accordance with these terms and conditions, and for no other purpose. Any such software is provided to you subject to the warranty and liability exclusions set forth in these terms and conditions.
Except for material in the public domain under United States copyright law, all material contained on the Web site (including all software, HTML code, Flash, Java applets, Active X controls and other code) is protected by United States and foreign copyright laws. Except as otherwise expressly provided in these terms and conditions, you may not copy, distribute, transmit, display, perform, reproduce, publish, license, modify, rewrite, create derivative works from, transfer, or sell any material contained on the Web site without the prior consent of the copyright owner. None of the material contained on the ZIPBOXMEDIA site may be reverse-engineered, disassembled, decompiled, transcribed, stored in a retrieval system, translated into any language or computer language, retransmitted in any form or by any means (electronic, mechanical, photo reproduction, recordation or otherwise), resold or redistributed without the prior written consent of ZIPBOXMEDIA. Violation of this provision may result in severe civil and criminal penalties.
You may make single copies of materials displayed on the Web site for your own personal and noncommercial use only, provided any copies include the copyright and other notices displayed with the materials on the Web site. You may not distribute such copies to others, whether or not for a charge or other consideration, without prior written permission from ZIPBOXMEDIA or the copyright owner of the copied material. Requests to reproduce materials on the Web site for distribution or other purposes should be mailed to:
ZIPBOXMEDIA, LLC. Attn: General Operations Manager
PO Box 60960
Nashville, TN 37206
"ZIPBOXMEDIA" is a trademark or registered trademark of ZIPBOXMEDIA, LLC., licensed for use by ZIPBOXMEDIA, and is protected by state and federal trademark laws. Other trademarks appear on the Web site with permission from their respective owners. Your unauthorized use of trademarks appearing on the Web site may constitute trademark infringement, which could subject you to substantial civil penalties.
ZIPBOXMEDIA will not tolerate copyright infringement of any kind. ZIPBOXMEDIA does not, however, monitor user-submitted materials for copyright infringement. If you believe that any material on the Web site infringes your copyright, you may seek to have the material removed by sending ZIPBOXMEDIA notice that includes all of the following information:
- your full name, address and telephone number
- your e-mail address
- identification of the copyrighted work(s) that you believe is being infringed
- identification of the infringing material and information sufficient for ZIPBOXMEDIA to locate the material
- your statement of good faith belief that (a) the material infringes your copyrights, (b) the information provided in the notice is accurate and (c) under penalty of perjury, you are authorized to act for the copyright owner
- your physical or electronic signature
Direct such notice to ZIPBOXMEDIA designated agent for receiving copyright infringement notices:
ZIPBOXMEDIA, LLC. Attn: General Operations Manager
PO Box 60960
Nashville, TN 37206
Upon receipt of notice complying with the above requirements, ZIPBOXMEDIA will act to remove infringing materials and, if applicable, send notice to the user that posted such materials on the Web site.
If ZIPBOXMEDIA removes materials posted by you as a user due to alleged copyright infringement, you may seek to have the materials reinstated by notifying ZIPBOXMEDIA's designated agent in writing and including the following information:
- your full name, address and telephone number
- your e-mail address
- identification of the material that has been removed or to which access has been disabled, including its location before it was removed or disabled
- your statement under penalty of perjury that you have a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material
- your statement consenting to the jurisdiction of the Federal District Court for the district in which your address is located, or, if you reside outside of the United States, that you will accept service of process from the person who provided notice of copyright infringement or from such person's agent
- your physical or electronic signature
Upon receipt of a notice meeting the above requirements, and ZIPBOXMEDIA’s determination that it is more likely than not that the allegedly infringing material does not infringe on any copyright held by the copyright owner who has alleged infringement, ZIPBOXMEDIA may, but is not obligated, to send a copy of the notice to the copyright owner who initially claimed copyright infringement. ZIPBOXMEDIA reserves the right to not allow any allegedly infringing content to be displayed or otherwise made available on its Web Site but in all events, if ZIPBOXMEDIA decides to allow allegedly infringing material on its Web Site, the Business Client responsible for displaying or making available such allegedly infringing material is fully liable to ZIPBOXMEDIA for any claim, damages, expenses, including reasonable attorneys fees and all related expenses, or losses incurred by ZIPBOXMEDIA as a result of any such alleged copyright infringement. Please note that parties who misrepresent that materials are infringing or were removed by mistake or misidentification are subject to substantial civil liability to ZIPBOXMEDIA and/or the copyright owner or Web site user.
ZIPBOXMEDIA allows the Store Owner to upload, post, transmit or otherwise provide content to ZIPBOXMEDIA Web sites, including, but not limited to, photos, video, audio, comments, articles, blogs, forums and any other such communication in which you provide content to the Web site (“User Content”). You agree that you are solely responsible for your communications and any content you provide. Store Owner also agrees to allow content (Media) uploaded to their store to also be populated to the ZIPBOXMEDIA Main Portal Site, as well as any additional site that ZIPBOXMEDIA may create. All Media Content populated to the ZIPBOXMEDIA main portals will constitute the same revenue share (90% Store Owner / 10% ZIPOBOXMEDIA, LLC). By accepting this Agreement the Store Owner Agrees to all Terms and Conditions as well as any Store Set Up Charges, Maintenance or Monthly Fees, and Revenue Sharing (90% Store Owner / 10% ZIPOBOXMEDIA, LLC) from all Gross Sales.
Rules Governing User Content. In consideration for being allowed to post or contribute content, you agree that your failure to abide by the following rules in using the Web site shall constitute a material breach of these Terms and Conditions:
- Users must not disrespect the privacy and views of others, or use the service to stalk or harass another;
- Users must not use or provide User Content for commercial purposes, including but not limited to the promotion of any specific goods or services;
- Users must not provide User Content that is harmful to minors in any way;
- Users must not provide obscene, profane, sexually explicit, libelous, slanderous, defamatory, harmful, threatening, illegal or knowingly false User Content;
- Users must not provide User Content containing expressions of bigotry, racism or hatred;
- Users must not provide User Content encouraging conduct that may constitute or contribute to a criminal offense, give rise to civil liability or violate any national, state or local law, regulation or authority;
- Users must not impersonate another person, or permit any other person or entity to use their identification to post or view User Content;
- Users must not provide User Content that infringes on the copyright, trademark, patent, trade secret or other intellectual property rights of others;
- Users must not use or provide Content that violates the privacy or publicity rights of others;
- Users must not use or provide Content that supports or provides resources to any organization(s) designated by the United States government as a foreign terrorist organization pursuant to section 219 of the Immigration and Nationality Act; and
- Users must not provide User Content containing malicious code, including but not limited to computer viruses, Trojan horses, or other programs designed to disrupt, damage or restrict the use of any computer software or hardware or telecommunications equipment.
Respect the Intellectual Property Rights of Others. You may not post or transmit content belonging to any person or party other than yourself, without the prior written consent of such owner. Simply because material is available on the Internet does not mean it is in the public domain. The vast majority of materials on the Internet are protected by copyright and trademark laws.
ZIPBOXMEDIA shall have the right, but not the obligation, to monitor any User Content areas of the Web site to determine compliance with these Terms and Conditions and any other operating rules that may be established by ZIPBOXMEDIA from time to time.
ZIPBOXMEDIA's Right to Remove User Content. ZIPBOXMEDIA does not assume any responsibility for the consequences of any user-generated or contributed content on the ZIPBOXMEDIA site. If notified by a user of content or materials that are alleged not to conform to the rules set forth in this Section, ZIPBOXMEDIA may investigate the allegation and determine in its sole discretion to remove or request the removal of any such materials or content. ZIPBOXMEDIA reserves the right to remove materials or content that fails to conform to these Terms and Conditions.
In addition, ZIPBOXMEDIA reserves the right (but is not obligated) to delete any User Content posted on the ZIPBOXMEDIA site, regardless of whether such communications violate these Terms and Conditions.
Responsibility for User Content. You agree to defend, indemnify and hold harmless ZIPBOXMEDIA and its officers, directors, affiliated companies, employees, agents, licensors and suppliers, from and against any and all claims, actions or demands, liabilities and settlements, including, without limitation, reasonable legal fees and all other expenses, resulting from, or alleged to result from, your use of any User-generated or Contributed Content or use by others of any User-generated or Contributed Content with respect to you, including, without limitation, any claim of libel, defamation, harassment, violation of rights of privacy or publicity, loss of service or infringement of intellectual property or other rights, or violation of these Terms and Conditions.
NOTE TO USERS. ZIPBOXMEDIA does not represent or guarantee the truthfulness, accuracy or reliability of any User Content or endorse any opinions expressed by such users. ANY RELIANCE UPON USER CONTENT IS AT YOUR OWN RISK.
TERMINATION OF PRIVILEGES
ZIPBOXMEDIA reserves the right to terminate your privilege of using all or any portion of the Web site if you breach any of these terms and conditions of use. If ZIPBOXMEDIA receives notice or otherwise discovers that you have posted material that infringes another party's copyright or trademark rights or violates another party's rights of privacy or publicity, ZIPBOXMEDIA may terminate your access to the Web site, including all of your privileges or accounts that you may have established in connection with the Web site.
The Web site is controlled and operated by ZIPBOXMEDIA from its principal office in the State of Tennessee, United States of America. ZIPBOXMEDIA makes no representation that materials on the Web site are appropriate or available for use in other locations. Those who choose to access the Web site 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. The Web site is not intended to subject ZIPBOXMEDIA to the laws or jurisdiction of any state, country or territory other than the State of Tennessee and the United States of America.
For each visitor to the Web site, ZIPBOXMEDIA's servers automatically collect information about which pages are visited and the domain name of visitors. This information is used for internal review, to tailor information to individual visitors and for Web site traffic audits. We also provide this information (as well as information from third-party market researchers) about our users on an aggregated, anonymous basis to our advertisers.
ZIPBOXMEDIA may place a "cookie" on the browser of your computer. The cookie itself does not contain any personally identifying information. A cookie may be used to tell when your computer has contacted the Web site. ZIPBOXMEDIA uses the information for editorial purposes and for other purposes such as delivery of features and advertisements, so ZIPBOXMEDIA can customize delivery of information to you without compromising privacy. For example, cookies may be used to ensure that you will not see the same banner advertisement too often in a single session.
ZIPBOXMEDIA may, in the course of providing services through its Web sites, ask you to disclose voluntarily certain information about yourself. This could include information that identifies you or your household. Any information in ZIPBOXMEDIA's possession solely as a result of your use of the Web site and that is associated with you or your household is considered "Personal Information." It consists of both information supplied by you (e.g. name, address, telephone number and e-mail address) and information collected about how you use the Web site (e.g. the fact that you have bought merchandise through the Web site). 'Personal Information' does not include statistical data about large numbers of users, none of whom are identifiable, nor does it include information that you have posted for public view on the Web site or otherwise publicly disclosed.
Like many other commercial sites, our site may utilize an electronic file called a Web beacon to count users who have visited a page or recognize users by accessing certain cookies. Our site and/or the Web sites of advertisers and merchants with which we have a relationship may use Web beacons (a) for auditing purposes and to collect information from the Web sites of certain advertisers or merchants; (b) to report anonymous individual and/or aggregate information about our users from such advertisers or merchants. Aggregate information may include demographic and usage information. No personally identifiable information about you is shared with such advertisers or merchants. You may choose to opt-out by contacting us in accordance with the information set forth at the bottom of this policy.
ZIPBOXMEDIA uses Personal Information only for purposes necessary to provide the Web site and other products and services to you. These purposes are:
- to process requests or orders placed with advertisers or merchants
- to perform such normal business operations as billing, collecting and accounting
- to personalize and publicize the Web site based on your interests, including making you aware of editorial features, advertisements and commercial items
- to investigate complaints and to protect the Web site and ZIPBOXMEDIA, its readers and employees as provided by law or in case of emergency, as determined by legal counsel for ZIPBOXMEDIA
Except as necessary to process your requests or orders placed with advertisers or merchants featured on the Web site, ZIPBOXMEDIA does not rent, sell, barter or give away any lists containing Personal Information for use by any outside company. ZIPBOXMEDIA also respects the privacy of data on your personal computer and does not access, read, upload or store data contained in or derived from your private files without your authorization.
OPT OUT PROCEDURES
You always may opt out of receiving future mailings or other information from ZIPBOXMEDIA. If the mailing does not have an e-mail cancellation form, send e-mail to ZIPBOXMEDIA.com/help/contact detailing the type of information that you no longer desire to receive.
The following additional terms, conditions and notices apply to use of the Web site by children under the age of 18 years whenever ZIPBOXMEDIA becomes aware that a user is in that age range:
- Users under 18 years of age may not submit or post information on the Web site without the consent of the user's parent or legal guardian. Prior to collecting any personal information about a child under 18, ZIPBOXMEDIA makes reasonable efforts to obtain consent from the child's parent after informing the parent about the types of information ZIPBOXMEDIA will collect, how it will be used, and under what circumstances it will be disclosed.
- Although ZIPBOXMEDIA will apply these children's terms and conditions whenever it becomes aware that a user who submits Personal Information is less than 18 years old, no method is foolproof. ZIPBOXMEDIA strongly encourages parents and guardians to supervise their children's online activities and consider using parental control tools available from online services and software manufacturers to help provide a child-friendly online environment. These tools also can prevent children from disclosing online their name, address, and other personal information without parental permission.
- "Personal information" collected from children may include any of the information defined above as "Personal Information" with respect to general users of the Web site and may be used by ZIPBOXMEDIA for the same purposes. Except as necessary to process a child's requests or orders placed with advertisers or merchants featured on the Web site, ZIPBOXMEDIA does not rent, sell, barter or give away any lists containing a child's Personal Information for use by any outside company.
- If a child enters a game, contest, promotion, or other activity sponsored by ZIPBOXMEDIA on the Web site, the child may be required by ZIPBOXMEDIA to provide the minimum Personal Information reasonably necessary for the child to participate in such activity.
- A child's parent or legal guardian may request ZIPBOXMEDIA to provide a description of the Personal Information that ZIPBOXMEDIA has collected from the child, as well as instruct ZIPBOXMEDIA to cease further use, maintenance and collection of Personal Information from the child.
- If a child voluntarily discloses his or her name, e-mail address or other personally-identifying information on chat areas, bulletin boards or other forums or public posting areas, such disclosures may result in unsolicited messages from other parties.
These Terms and Conditions constitute the entire agreement and understanding between you and ZIPBOXMEDIA with respect to use of the Web site, superseding all prior or contemporaneous communications and/or proposals. ZIPBOXMEDIA reserves the right to revise these Terms and Conditions from time to time at its sole discretion and such changes shall be effected immediately by posting the changed Terms and Conditions in this location. By continuing to use the Web site, you are agreeing to all changes made by ZIPBOXMEDIA. A printed version of these Terms and Conditions shall be admissible in judicial or administrative proceedings based upon or relating to use of the Web site to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.
The Web site is controlled and operated by ZIPBOXMEDIA from its principal office in the State of Tennessee, USA. ZIPBOXMEDIA makes no representation that materials on the Web site are appropriate or available for use in other locations. Those who choose to access the Web site 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. The Web site is not intended to subject ZIPBOXMEDIA to the laws or jurisdiction of any state, country or territory other than the State of Tennessee and the United States of America.
If you have any questions about this agreement, privacy statement, or the practices of the ZIPBOXMEDIA site, or your dealings with ZIPBOXMEDIA, you may contact us at:
ZIPBOXMEDIA, LLC. Attn: General Operations Manager
PO Box 60960
Nashville, TN 37206
Effective Date: July 19, 2008
Revised Date: (January 1, 2010)
Accepting the Agreement
After you have read this Agreement in its entirety and the Privacy Notice, you will be asked to accept the terms and conditions of this Agreement. When you accept these terms and conditions, you represent and warrant that you are authorized duly authorized and are acting with full authority to execute this Agreement. The Store Owner and Purchaser also agree by accepting this Agreement to hold harmless ZIPBOXMEDIA, LLC, ZIPBOXMEDIA, ZBM, any and all affiliates, companies, divisions, and employees. It is also agreed that both the Store Owner and Purchaser have voluntarily entered into and made this Agreement with ZIPBOXMEDIA, LLC.
WHEN YOU CHECK THE CHECKBOX LABELED “Yes, I agree with the terms of sale”, YOU AGREE TO THE TERMS AND CONDITIONS OF THIS AGREEMENT. BY ACCEPTING, YOU ALSO CERTIFY THAT YOU ARE ABLE AND WILLING TO ACCEPT THE ELECTRONIC VERSION OF THIS DOCUMENT.
IF YOU DO NOT AGREE TO THE TERMS AND CONDITIONS OF THIS AGREEMENT AND/OR DO NOT ACCEPT THE ELECTRONIC VERSION OF THIS DOCUMENT DO NOT CHECK THE CHECKBOX.
ZIPBOXMEDIA, LLC RESERVES THE RIGHT TO MAKE CHANGES TO IT’S AGREEMENTS WITHOUT NOTICE OR OBLIGATION.