Terms of Service
TERMS OF SERVICE
Updated as of June 10, 2010
Please read the following important Terms of Service Agreement (the "Agreement") before accessing or using any of the various services (the "Services") made available to you (the "Member") by Zastey, Inc. ("Zastey") through http://www.Zastey.com, Zastey mobile applications or otherwise. ONLY USERS WHO ARE 13 YEARS OF AGE OR OLDER MAY REGISTER FOR ZASTEY. By completing the registration process for the Zastey website, you represent that you are 13 years of age or older, and can and will be legally bound by this Agreement. If you are a minor, your parent or guardian must read and accept the terms of this Agreement before you register. No Member may participate where doing so would be prohibited by any applicable law or regulation.
Zastey reserves the right to modify or amend this Agreement at any time, for any reason, or for no reason at all, at Zastey's sole discretion without notice. Please check these Terms of Service periodically for changes. The most recent version of this Agreement will be posted on the Zastey website. Any revision will be effective as soon as posted and by your continued use of the site you agree to be bound by the revised terms. As a Member it is your sole responsibility to keep yourself apprised of any such modifications or amendments. Should Member object to any terms and conditions of the Agreement or any subsequent modifications thereto or become dissatisfied with Zastey in any way, Member's only recourse is to immediately: (1) discontinue use of Zastey; (2) terminate Zastey registration; and (3) notify Zastey of termination.
B) Description of Services
As a Member, you will be provided with a variety of Services, as described on the Zastey website. Members may also utilize certain additional services offered from time to time such as shopping and e-commerce offerings and various informational services. Zastey reserves the right to enhance, modify, or discontinue the Services, in whole or in part, at any time, for any reason, or for no reason at all, at Zastey's sole discretion, with or without notice to Members, and with no obligation to Members.
C) Member Conduct
Use of the Services by you, as Member, is subject to all applicable local, state, national and international laws and regulations. Zastey reserves the right, but does not assume any obligation, to monitor the Services to enforce this Agreement. Nor does Zastey guarantee that any monitoring it does perform will be to the Member's satisfaction. Upon learning of any violation of this Agreement, Zastey, at its sole discretion, may terminate your access to and use of the Services, require you to remedy such violation, and/or take any other actions that Zastey deems appropriate to enforce its rights and pursue all available remedies. Without limitation, Zastey reserves the right to terminate your access to and use of the Services if, in our view, your conduct fails to meet any of the following guidelines:
- Members shall not engage in any activity that constitutes harassment, including, but not limited to, excessive repetition when listing a person as a referral, repeated unwanted contact, interfering with a Member's use of site or stalking.
- Members shall not list the email addresses of people unknown to them.
- Members shall not list as referrals any email addresses that are fake, fictitious, or made up.
- Members shall not list as referrals any email addresses which are owned by or belong to that member.
- Members shall not attempt to interfere with any other person's use of the Services.
- Members shall not misrepresent their identity or impersonate any person or entity, including, but not limited to, a Zastey employee, forum leader, guide or host.
- Members shall not hold themselves out as sponsored by, endorsed by, or affiliated with the Zastey website.
- Members shall not use any portion of the Zastey website or the Services to post, upload, email, transmit or otherwise make available junk mail, commercial advertisements, or any other form of commercial solicitation.
- Members shall not use any portion of the Zastey website or the Services to post, upload, email, transmit or otherwise making available content, including user names and friend list names, that is harmful, threatening, abusive, vulgar, obscene, profane, defamatory, libelous, hateful, or racially, ethnically or otherwise objectionable.
- Members shall not engage in any activity that is patently offensive or promote or otherwise incites racism, bigotry, hatred or physical harm of any kind against any group, individual or animal.
- Members shall not use any portion of the Zastey website or the Services to post, share, promote, depict, encourage, solicit or exchange content harmful to minors.
- Members shall not upload photos, graphics or other content that contain or promote illegal substances or activities, including, but not limited to, underage drinking or smoking, substance abuse, weapon use, or gang affiliation.
- Members shall not post content that displays pornographic or sexually explicit material of any kind in the public areas of the site.
- Members shall not provide material that exploits people under the age of 18 in a sexual or violent manner, or solicits personal information from anyone under 18.
- Members shall not provide instructional information about illegal activities such as making or buying illegal weapons, violating someone's privacy, or providing or creating computer viruses.
- Members shall not attempt to gain unauthorized access to Zastey's database or other computer systems.
- Members shall not attempt to modify, translate, adapt, edit, decompile, disassemble, or reverse engineer any software programs used by Zastey in connection with the Zastey website or the Services.
- Members shall not engage in any activity that disrupts, diminishes the quality of, interferes with the performance of, or impairs the functionality of, the Services or the Zastey website.
- Members shall not collect or store personal data about other Members in connection with the prohibited conduct and activities set forth in paragraph #1 through #18 above.
- Members shall not use any portion of the Zastey website or the Services for any unlawful purpose.
- Members shall not engage in any activity that solicits or is designed to solicit password or personal identifying information for commercial or unlawful purposes from other Members.
- Members shall not use the account, username, or password of another Member at any time or disclose their password to any third party or permit any third party to access their account.
- Members shall not publicly post information that poses or creates a privacy or security risk to another person.
All judgments concerning the applicability of these guidelines shall be at the sole and exclusive discretion of Zastey and its designees. Zastey has the right in its sole discretion to pre-screen, refuse or remove any content that is available via the Zastey Services. Zastey and its designees shall have the right to remove any Content that violates this Agreement or is otherwise objectionable. An account may be terminated at any time, without notice, depending on the severity of the offense, which is determined exclusively at the discretion of Zastey. Zastey is not obligated to provide a Member with a warning prior to removal.
E) Document Retention Schedule
All personal information collected by Zastey in connection with your use of the Zastey website, including, without limitation, your name, location, email address, pictures, friend connections, messages, comments, login information, ip addresses and other data, will be stored by Zastey indefinitely in a safe and secure manner.
F) Notice Regarding Commercial Email
MEMBERS CONSENT TO RECEIVE COMMERCIAL E-MAIL MESSAGES FROM ZASTEY, AND ACKNOWLEDGE AND AGREE THAT THEIR EMAIL ADDRESSES AND OTHER PERSONAL INFORMATION MAY BE USED BY ZASTEY FOR THE PURPOSE OF INITIATING COMMERCIAL E-MAIL MESSAGES.
G) Member Account and Password
Once Member registers for Zastey, Member will have a password and an account with Zastey. Member is responsible for maintaining the confidentiality of Member's password and account. Furthermore, Member is entirely responsible for any and all activities that occur under Member's account. Member agrees to immediately notify Zastey of any unauthorized use of Member's account or any other breach of security known to Member.
Members are awarded points for various actions taken throughout the site. For example, posting a profile picture, or inviting people to join the site. People who respond and register also receive points.
Being active on the site (like inviting new members, posting, visiting members' pages, photo galleries, etc.) earn members points in a random fashion.
Members who delete or undo actions that have earned them points will lose the corresponding points as well.
Members found in violation of these Terms of Service, spamming and other abuse will lose points in addition to being temporarily or permanently banned from the site.
Points have no cash value and can only be redeemed for some upgrades or some goods and services offered on the Zastey website as they become available.
I) Zastey Gold (when available.)
When available, you may purchase currency for use solely on the Zastey Site ("Zastey Gold"). Purchases or other acquisitions of Zastey Gold provide only a limited, non-transferrable, non-sublicensable, fully-revocable license to use such Zastey Gold to access Services that we expressly make available for use with such Zastey Gold for your personal non-commercial use. Zastey Gold is redeemable only on the Zastey site for Zastey digital merchandise and content. Zastey Gold does not expire. Zastey Gold is non-refundable. Zastey Gold has no monetary value and does not constitute currency or property of any type. Zastey Gold is not transferable or assignable. You will not be entitled to a refund, money or any other compensation for unused Zastey Gold and virtual items when an account is closed, whether such closure was voluntary or involuntary.
J) VIP Membership (when available.)
When available, you may decide to upgrade your membership to VIP status for an additional monthly cost. For details on pricing and what it means to be a Zastey VIP, please visit http://www.Zastey.com/vip/details.html. If you choose to become a Zastey VIP, you will be able to elect to have your membership automatically renewed on a monthly basis by enrolling in the auto-renew program through our partnership with PayPal. If, at any point, you wish to discontinue your VIP membership, you must visit http://www.Zastey.com/vip/cancel.html and select 'CANCEL' at least 3 days prior to your next scheduled automatic payment so that we can process your cancellation properly.
Zastey may offer the Services through a mobile website and/or mobile applications (collectively, the "Mobile Applications"). This Agreement governs all Services that are accessible on or through the Mobile Applications. If you use the Services on a mobile device, you agree that information about your use of the Services through your mobile device and carrier may be communicated to us, including but not limited to your mobile carrier, your mobile device, or your physical location. Although we provide our Services through the Mobile Websites free of charge, your mobile carrier's standard fees and rates will still apply. You accept responsibility for all charges.
L) Copyrights, Trademarks, Patents and Intellectual Property Rights
Member acknowledges that messages, files or other materials ("Content") contained on the Zastey website and within Zastey email messages, and third party advertisements on the website and distributed via email, of a commercial nature and presented to Member by Zastey and the Services, are protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws. Member is permitted to use Zastey Content or third party Content only as expressly authorized by Zastey or the third party advertiser. Member may not copy, reproduce, distribute, or create derivative works from the Zastey Content or third party Content without expressly being authorized to do so by Zastey or the third party advertiser. Member may make a copy of the Zastey Content or third party Content for Member's personal, noncommercial use only, provided that Member keeps all copyright or other proprietary notices intact. Although Zastey does not claim ownership of content that its Member's may provide to Zastey, by providing content to Zastey, Members automatically grant, and represent and warrant that they have the right to grant, to Zastey a worldwide, irrevocable, perpetual, non-exclusive, and fully sub-licenseable, license to use, copy, perform, display, and distribute said content.
Zastey respects copyright law and expects Members to do the same. Illegal or unauthorized copying, distribution, modification, public display, or public performance of copyrighted works is an infringement of the copyright holders' rights. If you believe that your work has been copied in a way that constitutes copyright infringement, or your intellectual property rights have been otherwise violated, please notify Zastey's Copyright for Notice of claims of copyright or other intellectual property infringement at:
10401 Aberdeen Court
Fredericksburg, Virginia 22408
Please provide with the Notice, the following:
- Identify the copyrighted work or other intellectual property that you claim has been infringed;
- Identify the material on Zastey that you claim is infringing, with enough detail so that we may locate it on the website;
- A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
- A statement by you declaring under penalty of perjury that (a) the above information in your Notice is accurate, and (b) that you are the owner of the copyright interest involved or that you are authorized to act on behalf of that owner;
- Your address, telephone number, and email address; and
- Your physical or electronic signature.
Zastey will forward this information to the alleged infringer. It is Zastey's policy to terminate the accounts of repeat infringers.
You and Zastey agree that, except as otherwise specifically provided in this Agreement, you and Zastey shall seek to resolve any and all disputes between Zastey and you, respectively, including, without limitation, all claims, counter-claims and cross-claims (collectively, "Claims"), whether in law, equity or otherwise, solely through individual arbitration in accordance with the policies and procedures set forth in this Agreement. Such disputes shall include without limitation:
- disputes arising out of and/or otherwise relating to any Services and/or any content on the Zastey website;
- disputes arising out of and/or otherwise relating to any information, communications and/or other material that you and/or any other person and/or entity provide to and/or through the Zastey website;
- disputes arising out of and/or otherwise relating to any information and/or other material that is collected, stored and/or disseminated by, on behalf of and/or with the approval of Zastey;
- disputes arising out of and/or otherwise relating to any advertising and/or other communications by Zastey in connection with the Zastey website;
- disputes that are the subject of purported class action litigation in which you are not a member of a certified class;
- disputes that arose before you entered into this Agreement and/or any prior version of this Agreement;
- disputes that may arise after you terminate your registration with the Zastey website; and
- disputes arising out of or relating to any aspect of the relationship between us, whether based in contract, tort, statute, fraud, misrepresentation or any other legal theory.
Notwithstanding the foregoing, and in lieu of arbitration, either you and/or Zastey may bring an individual action against the other in Small Claims Court. Additionally, you and/or Zastey may bring any Claim against the other to the attention of a federal, state and/or local government entity, which may elect to seek relief against Zastey on your behalf, and/or against you on Zastey's behalf.
You agree that you and Zastey hereby have voluntarily and intentionally waived any and all right to a trial by jury, and (except as otherwise specifically provided in this Agreement) any and all right to participate in a class action. The Federal Arbitration Act governs the interpretation and enforcement of this Dispute provision. This Dispute provision shall survive termination of this Agreement.
For a party hereto to initiate arbitration against the other party it must first send by certified mail to the other party a written Notice of Dispute ("Notice"). The Notice must identify and detail the nature of the party's Claim, the basis for that Claim, and the specific relief being sought for that Claim, including, without limitation, any Claim for injunctive relief. For the parties' convenience, a form for providing Notice is available at http://www.zastey.com/page/zastey-dispute-resolution to download and complete. A Notice to Zastey must be sent Certified or Registered mail and addressed to: Dispute Resolution Department, Zastey.com, 10401 Aberdeen Court, Fredericksburg, Virginia 22408, U.S.A. ("Zastey Notice Address"). A Notice being sent to you shall be sent to your Zastey e-mail account and to any other e-mail address provided in your registration (collectively, "Member Notice Address"). You may also opt to receive a copy of any Notice via mail by sending a written request to the Zastey Notice Address including your name, postal address, Member Notice Address and Zastey User ID number (UID).
After receipt of the Notice you and Zastey must attempt in good faith to resolve the dispute set forth in the Notice. If you and Zastey are not able to resolve the dispute within 30 days after the Notice is received, then you or Zastey may initiate an arbitration proceeding against the other by downloading and completing the "American Arbitration Association ("AAA") Consumer-Related-Disputes Form-Virginia (For Use Only In Virginia)" demand for arbitration form available at (http://www.adr.org/si.asp?id=6376) ("Demand"), and sending a copy of the Demand to the AAA, together with a copy of the Zastey Terms of Service and a check or money order payable to the AAA in the amount of the appropriate filing fee, and sending a copy of the Demand to the other party. The copy of the Demand being sent to the AAA must be addressed as stated on the Demand. A copy of the Demand being sent to Zastey must be addressed to the Zastey Notice Address. A copy of the Demand being sent to you shall be addressed to the Member Notice Address.
Please note AAA does not provide Zastey customer support and is only able to provide information regarding initiating an arbitration proceeding against Zastey. All concerns regarding your account should be addressed to Zastey by submitting a Ticket. Zastey will try to resolve your concern, and in the case that you are not satisfied with the resolution you may choose to follow the process outlined on the Dispute Resolution Information Page.
Information regarding the appropriate filing fee to send with the Demand to the AAA (including the possible waiver of all or part of that fee) is available at http://www.adr.org/sp.asp?id=22039 and http://www.adr.org/sp.asp?id=22040, or by calling AAA Customer Service at (800) 778-7879 or AAA Case Filing Services at (877) 495-4185. Note: AAA does not provide Zastey customer support and is only able to provide information regarding initiating an arbitration proceeding against Zastey. If you initiate an arbitration proceeding against Zastey and are not able to pay all or part of the AAA filing fee (and do not receive a waiver of the unpayable amount), and so long as the total amount of the relief you are seeking in the Demand is $10,000 or less, then you may send a written request for payment of the unpayable amount to Zastey at the Zastey Notice Address. Zastey shall consider your request and will, in its own discretion, either (1) pay the unpayable amount to the AAA directly or (2) send notice to you of its denial of your request within 10 business days of the receipt thereof. Further, if you initiate an arbitration proceeding against Zastey, and so long as the total amount of the relief you are seeking in the Demand is $10,000 or less, then you may send proof of your payment of all or part of the AAA filing fee to Zastey at the Zastey Notice Address, and Zastey shall reimburse you for that actually paid amount.
The arbitration shall be administered by the AAA and shall be governed by the AAA Commercial Arbitration Rules and Mediation Procedures and the AAA Supplementary Procedures for Consumer-Related Disputes (collectively, "AAA Rules"), as modified by this Agreement. The AAA Rules are available online at http://www.adr.org/sp.asp?id=22440 and http://www.adr.org/sp.asp?id=22014, or by calling AAA Customer Service at (800) 778-7879. (Additional information about the arbitration process, presented in a simplified FAQ format, is available at http://www.zastey.com/page/zastey-dispute-resolution. The arbitrator selected to resolve the dispute between you and Zastey shall bound by the terms of this Agreement. All arbitration hearings shall take place exclusively in San Francisco County, California. Except, however, that if the total amount of the relief you are seeking in the arbitration is $10,000 or less you may choose whether the arbitration shall be conducted solely on the basis of documents submitted to the arbitrator, through a telephone hearing, or by an in-person hearing, as established by the AAA Rules. If the total amount you are seeking is greater than $10,000 then your and Zastey's respective rights to an arbitration hearing shall be determined by the AAA Rules. Regardless of the manner in which the arbitration is conducted the arbitrator shall issue a reasoned written decision sufficient to explain the essential findings and conclusions on which any award is based.
In addition to any reimbursement of AAA filing fees as detailed above, and so long as the total amount of the relief you are seeking in the arbitration is $10,000 or less, Zastey shall pay all other AAA administration fees and all arbitrator fees for the arbitration. Except, however, that if the arbitrator in such action finds that either the substance of your dispute against Zastey or the relief you are seeking in the arbitration is frivolous or brought for an improper purpose (as measured by the standards set forth in Federal Rule of Civil Procedure 11(b)), then the payment of all AAA filing, administration and arbitrator fees in such action shall be governed by the AAA Rules. In said event, you hereby agree to reimburse Zastey for all monies paid by Zastey that are your obligation to pay under the AAA Rules. Additionally, if the total amount of the relief you are seeking in the arbitration is greater than $10,000 then the payment of all AAA filing, administration and arbitrator fees shall be governed by the AAA Rules.
You and Zastey agree that unless and until the arbitrator determines the monetary and/or other relief, if any, to which you and/or Zastey is entitled in connection with the dispute being arbitrated, neither you nor Zastey shall disclose to the arbitrator the amount of any settlement offer(s) that you and/or Zastey previously made to the other in connection with said dispute. In any individual arbitration between you and Zastey, if the arbitrator issues you an award that is greater than the value of Zastey's last written settlement offer to you then Zastey shall:
- pay you the amount of the award or $2,500 (the "Member Incentive"), whichever is greater; and
- pay your attorney, if any, twice the amount of any fees, and reimburse said attorney any expenses (including expert witness fees and costs), that said attorney reasonably and actually accrues in investigating, preparing and pursuing your Claim against Zastey in the arbitration (collectively, the "Attorney Incentive").
However, if Zastey did not make any written settlement offer to you prior to the arbitrator in said individual arbitration issuing you an award, then so long as the arbitrator awards you any monetary relief on the merits of your Claim against Zastey, you and your attorney (if any) shall be entitled to receive the Member Incentive and the Attorney Incentive, respectively. The arbitrator may make rulings and resolve disputes as to the payment and reimbursement of any fees and/or expenses, the Member Incentive and/or the Attorney Incentive at any time during the individual arbitration and/or upon request by you and/or Zastey made within 14 days of the arbitrator's ruling on the merits of said individual arbitration. The Attorney Incentive supplements and does not supersede any right you may have under applicable law to receive attorneys' fees and/or expenses in connection with the individual arbitration (including as may be awarded to you by the arbitrator), but in no event may you recover a duplicative award of attorneys' fees and/or expenses. If Zastey prevails in an individual arbitration against you and is entitled under applicable law to receive attorneys' fees and/or expenses, Zastey hereby agrees that it shall not seek and shall refuse to receive such an award.
The arbitrator may award any form of individual relief in your favor, but solely to the extent warranted by your individual Claim. You and Zastey agree that, except as otherwise specifically provided in this Agreement, you and Zastey may bring a Claim against the other solely in your or Zastey's individual capacity, and not as a plaintiff or class member in any purported class or representative proceeding, and, except as otherwise set forth herein, no arbitrator may consolidate more than one person's Claim and/or otherwise preside over any form of a representative or class proceeding. If all or part of this specific paragraph is found by a court of competent jurisdiction to be unenforceable after final appeal, then the entirety of this Dispute provision shall be deemed null and void.
AT ANY TIME AND IN ITS SOLE DISCRETION ZASTEY MAY DIRECT THE AAA TO CONSOLIDATE ANY AND ALL PENDING INDIVIDUAL ARBITRATION CLAIMS THAT (i) ARISE IN SUBSTANTIAL PART FROM THE SAME AND/OR RELATED TRANSACTIONS, EVENTS AND/OR OCCURRENCES, AND (ii) INVOLVE A COMMON QUESTION OF LAW AND/OR FACT WHICH, IF RESOLVED IN MULTIPLE INDIVIDUAL AND NON-CONSOLIDATED ARBITRATION PROCEEDINGS, MAY RESULT IN CONFLICTING AND/OR INCONSISTENT RESULTS. IN SAID EVENT, YOU HEREBY CONSENT TO CONSOLIDATED ARBITRATION, IN LIEU OF INDIVIDUAL ARBITRATION, OF ANY AND ALL CLAIMS YOU MAY HAVE AGAINST Zastey AND THE AAA RULES SET FORTH HEREIN SHALL GOVERN ALL PARTIES. Additionally, in said event, if the arbitrator issues you an award that is greater than the value of Zastey's last written settlement offer to you then Zastey shall:
- pay you the amount of the award or three times the amount of Zastey's last written settlement offer to you (the "Member Incentive"), whichever is greater; and
- pay your attorney, if any, twice the amount of any fees, and reimburse said attorney any expenses (including expert witness fees and costs), that said attorney reasonably and actually accrues in investigating, preparing and pursuing your Claim against Zastey in the arbitration (collectively, the "Attorney Incentive").
However, if Zastey did not make any written settlement offer to you prior to the arbitrator in said consolidated arbitration issuing you an award, then so long as the arbitrator awards you any monetary relief on the merits of your Claim against Zastey, then you shall be entitled to receive the award and/or $500, whichever is greater, and your attorney (if any) shall be entitled to receive the Attorney Incentive. As also noted above, the arbitrator may make rulings and resolve disputes as to the payment and reimbursement of any fees and/or expenses, the Member Incentive and/or the Attorney Incentive at any time during the consolidated arbitration and/or upon request by you and/or Zastey made within 14 days of the arbitrator's ruling on the merits of said arbitration. Similarly, the Attorney Incentive supplements and does not supersede any right you may have under applicable law to receive attorneys' fees and/or expenses in connection with the consolidated arbitration (including as may be awarded to you by the arbitrator), but in no event may you recover a duplicative award of attorneys' fees and/or expenses. If Zastey prevails in a consolidated arbitration against you and is entitled under applicable law to receive attorneys' fees and/or expenses, Zastey hereby agrees that it shall not seek and shall refuse to receive such an award. If all or part of this specific paragraph is found by a court of competent jurisdiction to be unenforceable after final appeal, then the entirety of this Dispute provision shall be deemed null and void.
Notwithstanding any provision in this Agreement to the contrary, you agree that if Zastey changes this Dispute provision in the future (other than a change to the Zastey Notice Address and/or any Internet address, telephone number and/or document title set forth in this provision) you may reject that change by sending written notice within 30 days of the change to Zastey at the Zastey Notice Address. By rejecting said change you reaffirm that you shall seek to resolve all disputes between you and Zastey solely through arbitration in accordance with this Agreement.
If there is a dispute between participants on this site, or any third party, Zastey is under no obligation to become involved. In the event that Member has a dispute with one or more members, Member hereby releases Zastey and its directors, officers, employees, agents, independent contractors, representatives, parents, subsidiaries, affiliates, successors, assigns and licensees from all claims, actions, losses, liabilities, judgments, damages, costs and expenses of every kind or nature (regardless of whether actual or consequential, known or unknown, suspected or unsuspected, disclosed or undisclosed), arising out of or in any way related to such disputes and/or any the Services. If Member is a California resident, Member hereby waives California Civil Code Section 1542, which says "A general release does not extend to claims which the creditor does not know or suspect to exist in his or her favor at the time of executing the release, which if known by him or her must have materially affected his settlement with the debtor."
Either party may terminate use of the Zastey website or the Services with or without cause at any time and effective immediately upon written notice to the other party. Zastey may temporarily suspend or terminate, with or without cause, at any time, and effective immediately, at Zastey's sole discretion, including but not limited to Member's failure to conform with these terms and conditions of the Agreement, a Member's account. Zastey shall not be liable to Member or any third party for termination of use of Zastey or the Services. Member's right to use Zastey or the Services shall cease immediately. Member shall have no right and Zastey will have no obligation thereafter to forward any unread or unsent messages to Member or any third party. Sections G-N shall survive termination of the Agreement.
O) DISCLAIMERS OF WARRANTIES
MEMBER AGREES THAT USE OF THE ZASTEY WEBSITE AND THE SERVICES IS ENTIRELY AT MEMBER'S OWN RISK. THE ZASTEY WEBSITE AND THE SERVICES ARE PROVIDED ON AN "AS IS" BASIS, WITHOUT ANY WARRANTIES OF ANY KIND. ALL EXPRESS AND IMPLIED WARRANTIES, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS ARE EXPRESSLY DISCLAIMED TO THE FULLEST EXTENT PERMITTED BY LAW. TO THE FULLEST EXTENT PERMITTED BY LAW, ZASTEY DISCLAIMS ANY WARRANTIES FOR THE SECURITY, RELIABILITY, TIMELINESS, ACCURACY, AND PERFORMANCE OF THE ZASTEY WEBSITE AND THE SERVICES. TO THE FULLEST EXTENT PERMITTED BY LAW, ZASTEY DISCLAIMS ANY WARRANTIES FOR OTHER SERVICES OR GOODS RECEIVED THROUGH OR ADVERTISED ON THE ZASTEY WEBSITE OR THE SERVICES ACCESSED THROUGH ANY LINKS ON THE ZASTEY WEBSITE. TO THE FULLEST EXTENT PERMITTED BY LAW, ZASTEY DISCLAIMS ANY WARRANTIES FOR VIRUSES OR OTHER HARMFUL COMPONENTS IN CONNECTION WITH THE ZASTEY WEBSITE OR THE SERVICES. Some jurisdictions do not allow the disclaimer of implied warranties. In such jurisdictions, the foregoing disclaimers may not apply to you insofar as they relate to implied warranties.
P) LIMITATION OF LIABILITY
UNDER NO CIRCUMSTANCES SHALL ZASTEY BE LIABLE ON ACCOUNT OF MEMBER'S USE OR MISUSE OF THE ZASTEY WEBSITE OR THE SERVICES, WHETHER THE DAMAGES ARISE FROM USE OR MISUSE OF THE ZASTEY WEBSITE OR THE SERVICES, FROM INABILITY TO USE THE ZASTEY WEBSITE OR THE SERVICES, OR THE INTERRUPTION, SUSPENSION, MODIFICATION, ALTERATION, OR TERMINATION OF THE ZASTEY WEBSITE OR THE SERVICES. SUCH LIMITATION SHALL ALSO APPLY WITH RESPECT TO DAMAGES INCURRED BY REASON OF OTHER SERVICES OR PRODUCTS RECEIVED THROUGH OR ADVERTISED IN CONNECTION WITH THE ZASTEY WEBSITE OR THE SERVICES OR ANY LINKS ON THE ZASTEY WEBSITE, AS WELL AS BY REASON OF ANY INFORMATION OR ADVICE RECEIVED THROUGH OR ADVERTISED IN CONNECTION WITH THE ZASTEY WEBSITE OR THE SERVICES OR ANY LINKS ON THE ZASTEY WEBSITE. THESE LIMITATIONS SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW. In some jurisdiction, limitations of liability are not permitted. In such jurisdictions, the foregoing limitation may not apply to you.
Member agrees to indemnify and hold Zastey, its subsidiaries, affiliates, successors, assigns, directors, officers, agents, employees, service providers, and suppliers harmless from any dispute which may arise from a breach of terms of this Agreement. Member agrees to hold Zastey harmless from any claims and expenses, including reasonable attorney's fees and court costs, related to Member's violation of this Agreement.
While having an account with Zastey or after Member's account has been either closed by Member or suspended or terminated by Zastey, Member agrees to take no action which is intended, or would reasonably be expected, to harm Zastey, its officers or management, or its or their reputation or which would reasonably be expected to lead to unwanted or unfavorable publicity to Zastey. As Zastey and Member recognize it is difficult to ascertain the exact value of damages caused by disparagement, Zastey and Member agree to lquidated damages of $2,500 payable by Member to Zastey for each and every occurence of the disparaging statement. Member and Zastey, agree that such liquidated damages can be construed as actual damage that Zastey is entitled to recover from Member.
S) Governing Law
The Agreement and the relationship between Member and Zastey shall be governed by and construed in accordance with the laws of the State of Virginia, without regard to any conflict of law principles to the contrary. If any provision of this Agreement is found by a court of competent jurisdiction to be invalid, you and Zastey nevertheless agree that the court should endeavor to give effect to your and Zastey's intentions as reflected in the provision, and the other provisions of the Agreement shall remain unaffected and in full force and effect. You agree that regardless of any law to the contrary, any claim or cause of action arising out of or related to Zastey, the Services and/or this Agreement must be filed within one (1) year after such claim or cause of action arose or be forever barred. Zastey makes no representation that any material and/or other content on this website is appropriate and/or available for use in other locations, and accessing such material and/or content from territories where it is illegal is prohibited. Any persons who choose to access this website from other locations do so on their own initiative and at their own risk, and are solely responsible for compliance with all applicable laws.
If there are contested differences of interpretation of this Terms of Service Agreement due to differences of translation, the English version of this Agreement is the one that will be used.
The Agreement constitutes the entire agreement between Member and Zastey and governs your use of Zastey and the Services, superseding any prior agreements between Member and Zastey. You also may be subject to additional terms and conditions that may apply when you use affiliate services, third-party content or third-party software. The failure of Zastey to exercise or enforce any right or provision of the Agreement shall not constitute a waiver of such right or provision. The section titles in the Agreement are for convenience only and have no legal or contractual effect. In the event there is a discrepancy between this English language version and any translated copies of the Website Terms and Conditions, the English version shall prevail.
Users with questions about this Terms of Service and any of the aforementioned statements may contact Zastey.com at
10401 Aberdeen Court,
Fredericksburg, Virginia 22408