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Zeen Terms and Conditions

Welcome to Zeen!

AVOS Systems, Inc. (“AVOS”, “our”, “us” or “we”) provides Zeen – the service that enables users to discover and create beautiful magazines using our website and any other domains owned and controlled by AVOS through which Zeen is accessible (the “Site”) and related services (any and all of the foregoing the “Service”). The Service also includes the Zeen bookmarklet extension for your internet browser and any related documentation (the “Zeen Bookmarklet”).

By accessing or using the Service, you are indicating that you have read, understand and agree to be bound by the following terms and conditions (“Terms”), which form a legal agreement between you and AVOS. These Terms govern your access to and use of the Service. If there is a conflict between these Terms and the terms and conditions posted for a specific area of the Service or certain content, the latter terms and conditions will take precedence for your use of or access to that specific area. If you accept or agree to these Terms on behalf of an organization, you represent and warrant that you have the authority to bind that organization to these Terms.

What are we talking about?

Definitions:
  • “Content” means links, text, graphics, images, audio, video, information or other materials.
  • “Magazine” means a grouped collection of Content added to the Service and displayed as an issue of an online magazine on the Site.
  • “Registered User” means any user who has successfully signed up for an account on the Service.
  • “User” means anyone who uses the Service.
  • “User Content” means all Content that a User uploads, posts, submits or transmits to be made available through the Service including links and the information associated with those links such as video, audio, pictures or text from the site at which the link points.

What are we trying to do?

Our goal is to provide a valuable and enjoyable service through which users can discover and create online magazines and have fun doing so. Please read all of these Terms, and the Zeen Privacy Policy, which forms part of these Terms and describes our collection and use of information you provide to us.

Some basic points

  • What's yours is yours. You grant us certain rights in your User Content (e.g., to share content you put on the Site with the world), but we don’t claim any ownership rights in your User Content.
  • Think about what you post. Your User Content may be publicly viewable by others including when you put it in a Magazine (even one that is unpublished if you’ve granted others access to it), so, if you don’t want it to be seen, don’t post it!
  • You are responsible for your use of the Service and your User Content. You should only contribute content you are comfortable sharing with others and for which you have the relevant rights.
  • We don’t disclose your personal information to third parties except in accordance with our Privacy Policy. See the Zeen Privacy Policy for information and notices concerning our collection and use of your personal information via the Service.
  • Be good.The Service is only provided for lawful purposes and not for engaging in or promoting illegal activity.

Who can use Zeen?

The Service is intended solely for persons who are 13 or older. By accessing or using the Service you represent and warrant that you are 13 or older. You may use the Service only in compliance with these Terms and all applicable local, state, national, and international laws, rules and regulations.

Signing up

If you choose to become a Registered User either directly via the Service or a third party social networking service (each an “SNS”), you will be asked to provide certain information and to establish a username and a password. By registering via a SNS, you authorize us to access your SNS account information on your behalf.

You are responsible for safeguarding your password and take sole responsibility for any activities or actions under your account, whether or not you have authorized such activities or actions. AVOS reserves the right to require you to change your username for any reason and we may do so at anytime.

Content: What’s available? Who owns what? What can I do with it?

User Content. Your User Content is yours. AVOS does not claim any ownership rights in your User Content; however, by posting, submitting or transmitting any User Content on or through the Service, you grant us and our third-party service providers, licensees and partners, a worldwide, non-exclusive, transferable, royalty-free license (with the right to sublicense) to use, copy, reproduce, adapt, modify, distribute, transfer, publicly display, publicly perform, transmit, broadcast, access, view and otherwise exploit such User Content in any and all media or distribution channels (now known or hereafter created). For example, this license allows us to make your Magazines and the content they contain available anywhere and everywhere in the spirit of the Service i.e., for use by other Users, our partners and via other media platforms. You represent and warrant that you own or have all the necessary rights, licenses, consents and permissions to grant all the foregoing rights in your User Content.

No compensation will be paid to you with respect to your User Content as a result of your posting, submitting or transmitting User Content through the Service or as our result of the subsequent use of your User Content as allowed under these Terms.

You are responsible for your use of the Service and the User Content that you make available, whether such content is publicly posted or privately provided by you. We are not responsible or liable for any use of your User Content in accordance with these Terms. You understand that your User Content may be used by other users and other third-parties and if you don’t have the right to submit your User Content for such use, it may subject you to liability.

It’s your responsibility to back-up your User Content. You agree that AVOS is not responsible or liable for the deletion of, or the failure to store or to transmit any Service Content.

License to Other Users. Subject to your compliance with these Terms, AVOS and each User grants every other User a limited license to access, share, and save to your account any User Content for your personal and non-commercial use, subject to the applicable User’s access settings for such content. This license is limited to the use of the Service. This license does not imply or represent that AVOS has any rights in the User Content and AVOS does not purport to grant any rights in the User Content. You may not use, copy, reproduce, adapt, modify, prepare derivative works based upon, distribute, transfer, publicly display, publicly perform, transmit or otherwise exploit the Service or Content, except as expressly permitted in these Terms. No licenses or rights are granted to you by implication or otherwise under any intellectual property rights owned or controlled by AVOS or its licensors, except for the licenses and rights expressly granted in these Terms.

Content on Zeen. You understand and agree that AVOS has no obligation to monitor your access to or use of the Service or to review or edit any User Content, but has the right to do so for the purpose of operating the Service, to ensure your compliance with these Terms or to comply with applicable law or the order or requirement of a court, administrative agency or other governmental body. AVOS reserves the right, at any time and without prior notice, to remove or disable access to any Content, that AVOS, it its sole discretion, considers to be objectionable for any reason, in violation of these Terms or otherwise harmful to the Service.

The Service contains links to other websites and online resources and you understand that by using the Service and accessing third party links, you may be exposed to content that is offensive, harmful, inaccurate or otherwise inappropriate or distasteful to you. You understand and agree that AVOS is not responsible or liable for: (i) the availability or accuracy of such websites or resources; (ii) the content, products, or services on or available from such websites or resources, or (iii) for any result of your accessing a third party site via a link made available by the Service. Links to such websites or resources do not imply any endorsement by AVOS of such websites or resources or the content, products, or services available from such websites or resources. You acknowledge sole responsibility for and assume all risk arising from your use of any such websites or resources.

Our Ownership and Proprietary Rights. The Service is protected by copyright, trademark, and other laws of the United States and foreign countries. Except as expressly provided in these Terms, AVOS and its licensors exclusively own all right, title and interest in and to the Service including all associated intellectual property rights. All trademarks, service marks, logos, trade names and any other proprietary designations of AVOS used herein are trademarks or registered trademarks of AVOS. Any other trademarks, service marks, logos, trade names and any other proprietary designations are the trademarks or registered trademarks of their respective parties.

Respect Copyrights: No Infringing Use

AVOS respects copyright law and expects its users to do the same. AVOS has adopted and implemented a policy that provides for copyright holders to notify us if they believe content on the Service infringes their rights and for the termination in appropriate circumstances of registered users or other account holders who repeatedly infringe or are believed to be repeatedly infringing the rights of copyright holders. Please see the Zeen Copyright Policy for further information.

What Not To Do

You agree not to do any of the following:

  • Post, submit or transmit any Content that constitutes a direct, specific threat of violence against another;
  • Use the Service for an unlawful purpose or for promotion of illegal activities;
  • Impersonate others through the Service in a manner that does or is intended to mislead, confuse or deceive others;
  • Access, tamper with, or use non-public areas of the Service, AVOS’ computer systems, or the technical delivery systems of AVOS’ providers;
  • Attempt to probe, scan, or test the vulnerability of any AVOS system or network or breach any security or authentication measures;
  • Avoid, bypass, remove, deactivate, impair, descramble or otherwise circumvent any technological measure implemented by AVOS or any of AVOS’ providers or any other third party (including another user) to protect the Service or Service Content;
  • Attempt to access or search the Service or Service Content or download Service Content from the Service through the use of any engine, software, tool, agent, device or mechanism (including spiders, robots, crawlers, data mining tools or the like) other than the software and/or search agents provided by AVOS or other generally available third party web browsers;
  • Send any unsolicited or unauthorized advertising, promotional materials, email, junk mail, spam, chain letters or other form of solicitation;
  • Forge any TCP/IP packet header or any part of the header information in any email or newsgroup posting, or in any way use the Service or Service Content to send altered, deceptive or false source-identifying information;
  • Interfere with, or attempt to interfere with, the access of any user, host or network, including, without limitation, sending a virus, intentionally linking to malicious content, overloading, flooding, spamming, or mail-bombing the Service;
  • Collect or store any personally identifiable information from the Service from other users of the Service without their express permission; or
  • Encourage or enable any other individual to do any of the foregoing.

Zeen Bookmarklet

If you choose to install the Zeen Bookmarklet the following further terms and conditions also apply in addition to those above and below this “Zeen Bookmarklet” section:

Zeen Bookmarklet License. Subject to your compliance with the terms and conditions of these Terms, AVOS grants you a limited, non-exclusive and non-transferable license to install and use the executable form of the Zeen Bookmarklet, without modification, solely for your personal and non-commercial purposes. AVOS reserves all rights in the Zeen Bookmarklet not expressly granted to you in these Terms.

License Restrictions. Except as expressly specified these Terms, you may not: (i) copy, modify or distribute the Zeen Bookmarklet for any purpose; (ii) transfer, sublicense, lease, lend, rent or otherwise distribute the Zeen Bookmarklet to any third party; or (iii) use the Zeen Bookmarklet in any unlawful manner, for any unlawful purpose, or in any manner inconsistent with these Terms. You agree to comply fully with all U.S. export laws and regulations to ensure that neither the Zeen Bookmarklet nor any technical data related thereto nor any direct product thereof are exported or re-exported directly or indirectly in violation of, or used for any purposes prohibited by, such laws and regulations.

Updates and Upgrades; No Obligation. AVOS is not obligated to maintain or support the Zeen Bookmarklet, or to provide you with updates, upgrades or services related thereto. You acknowledge that AVOS may from time to time in its sole discretion issue updates or upgrades to the Zeen Bookmarklet, and may automatically update or upgrade the version of the Zeen Bookmarklet that you are using. You consent to such automatic updating or upgrading, and agree that the terms and conditions of these Terms will apply to all such updates or upgrades.

Term and Termination. The license to the Zeen Bookmarklet granted under these Terms remains in effect unless earlier terminated by you or AVOS in accordance with these Terms. You may terminate the license at any time by uninstalling all copies of the Zeen Bookmarklet in your possession or control. Without limiting any other terms of these Terms, the license will automatically terminate without notice from AVOS if you breach any terms of these Terms. Upon any termination of the bookmarklet license, you must cease all use of the Zeen Bookmarklet and promptly delete and destroy all copies, full or partial, of the Zeen Bookmarklet.

Proprietary Rights. The copy of the Zeen Bookmarklet is licensed, not sold, to you. You agree that AVOS and its licensors own all right, title and interest in and to the Zeen Bookmarklet, including all intellectual property rights therein, and that AVOS retains ownership of all copies of the Zeen Bookmarklet. The Zeen Bookmarklet is protected by United States copyright law and international treaties. You will not delete or in any manner alter the copyright, trademark, and other proprietary rights notices or markings appearing on the Zeen Bookmarklet as delivered to you.

Government Users. Any use, duplication, or disclosure of the Zeen Bookmarklet by the U.S. government is subject to restrictions as set forth in this Agreement and as provided in DFARS 227.7202-1(a) and 227.7202-3(a) (1995), DFARS 252.227-7013(c)(1)(ii) (OCT 1988), FAR 12.212(a) (1995), FAR 52.227- 19, or FAR 52.227-14 (ALT III), as applicable. Manufacturer is AVOS Systems, Inc.

When it's over

If you violate any of these Terms, your permission to use the Service may be suspended or permanently revoked. We reserve the right to suspend, disable or terminate your Account, User Content or Magazines, in our sole discretion and without prior notice to you, with or without cause.

Got Feedback?

Any feedback, comments and suggestions for improvements to the Service that you submit to AVOS (“Feedback”) will be the sole and exclusive property of AVOS and you hereby irrevocably assign to AVOS and agree to irrevocably assign to AVOS all of your rights in all such Feedback, including all related intellectual property rights. Your submission of any Feedback to AVOS is entirely voluntary and we will be free to use such Feedback as we choose and without any obligation to you.

The Service is Available "AS-IS"

Your access to and use of the Service and Content is at your own risk. You understand and agree that the Service and Content are provided to you on an “AS-IS” and “AS-AVAILABLE” basis. WITHOUT LIMITING THE FOREGOING, AVOS EXPLICITLY DISCLAIMS ANY WARRANTIES, EXPRESS OR IMPLIED, OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON- INFRINGEMENT. We make no warranty (i) that the Service or Service Content will meet your requirements or be available on an uninterrupted, secure, or error-free basis; or (ii) regarding the quality of any products, services or content or the accuracy, timeliness, truthfulness, completeness or reliability of any Content obtained through the Service. No advice or information, whether oral or written, obtained from AVOS or through the Service or Content will create any warranty not expressly made herein.

Limitation of Liability

YOU ACKNOWLEDGE AND AGREE THAT, TO THE MAXIMUM EXTENT PERMITTED BY LAW, NEITHER AVOS NOR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, OR DELIVERING THE SERVICE OR CONTENT WILL BE LIABLE FOR ANY DIRECT, INCIDENTAL, SPECIAL, EXEMPLARY OR CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING WITHOUT LIMITATION, LOSS OF PROFITS, DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM (I) YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE THE SERVICE; (II) ANY CONDUCT OR CONTENT OF ANY THIRD PARTY ON THE SERVICE, INCLUDING WITHOUT LIMITATION, ANY DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER USERS OR THIRD PARTIES; (III) ANY CONTENT OBTAINED FROM THE SERVICE; AND (IV) UNAUTHORIZED ACCESS, USE OR ALTERATION OF YOUR TRANSMISSIONS OR CONTENT, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT AVOS HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, EVEN IF A LIMITED REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.

IN NO EVENT WILL AVOS’ AGGREGATE LIABILITY ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR FROM THE USE OF OR INABILITY TO USE THE SERVICE OR CONTENT EXCEED FIFTY DOLLARS ($50). THE LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN AVOS AND YOU. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU.

Controlling Law and Jurisdiction

These Terms and any action related thereto will be governed by the laws of the State of California without regard to its conflict of laws provisions. The exclusive jurisdiction and venue of any action with respect to the subject matter of these Terms, including any claims arising from or related to the use of the Service or Content, will be the state and federal courts located in the Northern District of California and each of the parties hereto waives any objection to jurisdiction and venue in such courts.

Entire Agreement

These Terms constitute the entire and exclusive understanding and agreement between AVOS and you regarding the Service and Content, and these Terms supersede and replace any and all prior oral or written understandings or agreements between AVOS and you regarding the Service and Service Content.

Assignment

You may not assign or transfer these Terms, by operation of law or otherwise, without AVOS’ prior written consent. Any attempt by you to assign or transfer these Terms, without such consent, will be null and of no effect. AVOS may assign or transfer these Terms, at its sole discretion, without restriction. Subject to the foregoing, these Terms will bind and inure to the benefit of the parties, their successors and permitted assigns.

Notices

Any notices or other communications permitted or required hereunder, including those regarding modifications to these Terms, will be in writing and given by AVOS (i) via email (in each case to the address that you provide); or (ii) by posting on the Site or via the Service. For notices made by e-mail or posting, the date of receipt will be deemed the date on which such notice is transmitted or posted, whichever is earlier.

General

The failure of AVOS to enforce any right or provision of these Terms will not constitute a waiver of future enforcement of that right or provision. The waiver of any such right or provision will be effective only if in writing and signed by a duly authorized representative of AVOS. Except as expressly set forth in these Terms, the exercise by either party of any of its remedies under these Terms will be without prejudice to its other remedies under these Terms or otherwise. If for any reason a court of competent jurisdiction finds any provision of these Terms invalid or unenforceable, that provision will be enforced to the maximum extent permissible and the other provisions of these Terms will remain in full force and effect.

We may make Modifications or Changes to these Terms.

AVOS may, its sole discretion, choose to modify, discontinue or terminate the Service or to modify these Terms, at any time and without prior notice. Currently, you may access and use the Service without charge. However, we may add premium services in the future that may be accessible for a fee. If we modify these Terms, we will post the modification on the Site or via the Service or provide you with notice of the modification. We will also update the “Last Updated Date” at the top of these Terms. By continuing to access or use the Service after we have posted a modification on the Site or via Service or have provided you with notice, you are agreeing to be bound by the modified Terms. If the modified Terms are not acceptable to you, your only option is to stop using the Service.

Instagram API usage

We connect to the Instagram API so we can use your awesome photos in your Zeens. By connecting to Instagram you give Zeen permission to store and display images from your Instagram account. This product uses the Instagram API but is not endorsed or certified by Instagram.

Contacting AVOS

If you have any questions about these Terms, please contact AVOS at legal@avos.com.

Now get out there and start creating some great Zeens!