- WEBSITE ACCESS
2.1. Access. Zenestar grants you a limited, revocable, nonexclusive license to access Zenestar.com for your own personal use.
2.2. Automated Systems. You agree not to use or launch any automated system, including without limitation, “robots,” “spiders,” and “offline readers” that access Zenestar.com. You agree not to collect or harvest any personally identifiable information, including account names, from Zenestar.com, nor to use the communication systems provided by Zenestar.com for any commercial solicitation or illegal or improper purposes.
2.3. Search Engines. Notwithstanding the foregoing, Zenestar grants the operators of recognized international public search engines, such as Google, Bing, and DuckDuckGo permission to use spiders to copy materials from the site for the sole purpose of creating publicly available searchable indices of the materials. Zenestar reserves the right to revoke these exceptions either generally or in specific cases.
2.6. Consent to Electronic Service. When you use Zenestar.com or send e-mails to us, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you by e-mail or by posting notices on Zenestar.com. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
- INTELLECTUAL PROPERTY INFORMATION
3.1. All content on the Zenestar.com website, including without limitation, the text, software, scripts, tools, graphics, photos, sounds, music, videos, and interactive features (“Content”) and the trademarks, service marks and logos contained therein (“Marks”), are owned by or licensed to Zenestar. The Content and Marks are protected to the maximum extent permitted by intellectual property laws and international treaties. All Content displayed on or through Zenestar.com is protected by copyright as a collective work and/or compilation, pursuant to copyrights laws, and international conventions.
3.2. Any reproduction, modification, creation of derivative works from or redistribution of the site or the collective work, and/or copying or reproducing the sites or any portion thereof to any other server or location for further reproduction or redistribution is prohibited without the express written consent of Zenestar.
3.3. You further agree not to reproduce, duplicate or copy Content from Zenestar.com without the express written consent of Zenestar, and agree to abide by any and all copyright and other legal notices displayed on Zenestar.com. You may not decompile or disassemble, reverse engineer or otherwise attempt to discover any source code contained in Zenestar.com. Without limiting the foregoing, you agree not to reproduce, duplicate, copy, sell, resell or exploit for any commercial purposes, any aspect of Zenestar.com.
- WARRANTY DISCLAIMER
4.1. ZENESTAR.COM, INCLUDING ANY CONTENT, THIRD-PARTY CONTENT, OR ANY SITE-RELATED SERVICE, IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. ZENESTAR HEREBY EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, TITLE, NON-INFRINGEMENT AND FITNESS FOR A PARTICULAR PURPOSE.
4.2. ZENESTAR MAKES NO WARRANTY THAT: (I) ZENESTAR.COM WILL MEET YOUR REQUIREMENTS, (II) ZENESTAR.COM WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (III) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF ZENESTAR.COM WILL BE ACCURATE OR RELIABLE, OR (IV) ANY ERRORS IN ZENESTAR.COM WILL BE CORRECTED.
4.3. ZENESTAR IS NOT RESPONSIBLE AND SHALL HAVE NO LIABILITY FOR THE CONTENT, PRODUCTS, SERVICES, ACTIONS OR INACTIONS OF ANY USER, OR ANY OTHER THIRD PARTY AND ZENESTAR WILL HAVE NO LIABILITY WITH RESPECT TO ANY WARRANTY DISCLAIMED HEREIN.
4.4. YOU ACKNOWLEDGE THAT ZENESTAR HAS NO CONTROL OVER AND DOES NOT GUARANTEE THE QUALITY, SAFETY OR LEGALITY OF PRODUCTS AND SERVICES ADVERTISED ON ZENESTAR.COM, THE TRUTH OR ACCURACY OF ANY THIRD-PARTY CONTENT.
4.5. ZENESTAR, ITS AFFILIATES AND ITS SPONSORS ARE NEITHER RESPONSIBLE NOR LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, PUNITIVE OR OTHER DAMAGES ARISING OUT OF OR RELATING IN ANY WAY TO ZENESTAR.COM, SITE-RELATED SERVICES AND/OR CONTENT OR INFORMATION CONTAINED WITHIN ZENESTAR.COM. YOUR SOLE REMEDY FOR DISSATISFACTION WITH ZENESTAR.COM AND/OR SITE-RELATED SERVICES IS TO STOP USING ZENESTAR.COM AND/OR THOSE SERVICES.
5.1. You agree to defend, indemnify and hold harmless Zenestar, its affiliated companies, officers, directors, employees and agents, 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:
(a) your use of and access to the Zenestar.com website;
(c) your violation of any third party right, including without limitation any copyright, property, or privacy right;
(d) your violation of any law, rule or regulation of the United States, any state, or any other country; or
(e) any claim that any information on this website caused damage to you or a third party.
- DIGITAL MILLENNIUM COPYRIGHT ACT
6.1. Infringement Not Permitted. Zenestar does not permit copyright infringing activities and infringement of intellectual property rights on its Website, and Zenestar will remove any content if properly notified that such content infringes on another’s intellectual property rights. Zenestar reserves the right to remove any content without prior notice.
6.2. DMCA Notice. If you are a copyright owner or an agent thereof and believe that any Third-Party Content or other Content infringes upon your copyrights, you may submit a notification pursuant to the Digital Millennium Copyright Act (“DMCA”) by providing our Copyright Agent with the following information in writing (see 17 U.S.C 512(c)(3) for further detail):
(a) A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
(b) Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
(c) Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled and information reasonably sufficient to permit the service provider to locate the material;
(d) Information reasonably sufficient to permit the service provider to contact you, such as an address, telephone number, and, if available, an electronic mail;
(e) A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
(f) A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
Zenestar’s designated Copyright Agent to receive notifications of claimed infringement is:
Attn: Copyright Agent
1781 Village Center Cir., Suite 130
Las Vegas, NV 89134
You acknowledge that if you fail to comply with all of the requirements of this Section, your DMCA notice may not be valid.
6.3. Counter-Notice. If you believe that your Third-Party Content that was removed (or to which access was disabled) is not infringing, or that you have the authorization from the copyright owner, the copyright owner’s agent, or pursuant to the law, to post and use the content in your Third-Party Content, you may send a counter-notice containing the following information to the Copyright Agent:
(a) Your physical or electronic signature;
(b) Identification of the content that has been removed or to which access has been disabled and the location at which the content appeared before it was removed or disabled;
(c) A statement that you have a good faith belief that the content was removed or disabled as a result of mistake or a misidentification of the content; and
(d) Your name, address, telephone number, and e-mail address, a statement that you consent to the jurisdiction of the federal court in Las Vegas, Nevada, and a statement that you will accept service of process from the person who provided notification of the alleged infringement.
6.4. Effect of Counternotice. If a counter-notice is received by the Copyright Agent, Zenestar.com may send a copy of the counter-notice to the original complaining party informing that person that it may replace the removed content or cease disabling it in 10 business days. Unless the copyright owner files an action seeking a court order against the content provider, member or user, the removed content may be replaced, or access to it restored, in 10 to 14 business days or more after receipt of the counter-notice, at Zenestar.com sole discretion.
- GOVERNING LAW / DISPUTES
8.1. You agree that the Zenestar.com website shall be deemed solely based in the State of Nevada.
8.2. The Zenestar.com website shall be deemed a passive website that does not give rise to personal jurisdiction over Zenestar, either specific or general, in jurisdictions other than Nevada.
8.4. Disputes. Any dispute, claim or controversy arising out of or relating to the Zenestar.com website, this Agreement or the breach, termination, enforcement, interpretation or validity thereof, including the determination of the scope or applicability of this agreement to arbitrate, shall be determined by arbitration in Las Vegas, Nevada, before one arbitrator. At the option of the first to commence an arbitration, the arbitration shall be administered either by JAMS pursuant to its Streamlined Arbitration Rules and Procedures, or by the American Arbitration Association pursuant to its Commercial Arbitration Rules. The arbitrator may not award any consequential, indirect, exemplary, special or incidental damages arising from or relating to your use of the Zenestar.com website (including, without limitation, damages for loss of business profits, business interruption, loss of business information, or other pecuniary loss). Judgment on the Award may be entered in any court having jurisdiction. You and we will each pay one-half of the costs and expenses of such arbitration, and each of the parties will separately pay their counsel fees and expenses. Notwithstanding the parties’ decision to resolve all disputes through arbitration, either party may bring an action in state or federal court in Clark County, Nevada to protect its intellectual property rights (“intellectual property rights” means patents, copyrights, trademarks, and trade secrets, but not privacy or publicity rights). Either party may also seek relief in a small claims court for disputes or claims within the scope of that court’s jurisdiction.
8.6. Class Action Waiver. You agree that any arbitration shall be conducted in your individual capacity only and not as a class action or other representative action, and you expressly waive your right to file a class action or seek relief on a class basis. YOU AND Zenestar AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING.
- ASSIGNMENT / MODIFICATION