Terms of use | Zadavaka.us

Effective Date: Feb 21, 2019

We strongly encourage you to read these Terms carefully before using our website. BY USING THIS WEBSITE, YOU AGREE TO THESE TERMS OF USE. IF YOU DON NOT AGREE TO THE TERMS DESCRIBED BELOW, DO NOT USE THIS WEBSITE.

These Terms of Use (“Terms”) determine the terms and conditions under which you can access and use the website of Zadavaka (“this website”, “the website”, “us”, “we” or “our”) at zadavaka.us. If you are authorized to access this website on behalf of a legal entity or a company, in such case the terms “you” and “your” will refer to you and the entity. Nothing in these Terms grants a third party any benefits or rights.

Changes to Terms

We reserve the right to revise and change these Terms, and any other policies associated with the website, from time to time. Upon posting the amended version of the Terms, we shall change the Last Updated date, consequently notifying you about the update. If you do not agree to the modified Terms, you may cancel your subscription and stop using the website. If you continue using the website, this shall be regarded as your agreement to abide by each of the conditions stated in the modified Terms. Therefore, we encourage you to check the Terms for the updates once in a while.

User Account and Security

Upon starting to use the website, you agree to:

provide complete and accurate information about yourself;
safeguard your login information, and your password in particular;
take full responsibility for all actions performed on your behalf and under your username.

Please note that the website is not aimed at individuals under the age of 13. We also reserve the right to cancel your subscription, terminate your account, refuse service, delete or modify user-submitted content in our sole discretion. By user-submitted content we understand all materials provided by a user including, but not limited, to text, images, photos, video, and sounds and that were posted on the website, emailed or in any other way made available on the website by the user.

You are responsible for all the materials you submit; therefore, you must evaluate the risks before submitting them. In no event will we be liable for any loss or damage of any user-submitted content.

Your use of the website and all user-submitted content is in compliance with the rules described in these Terms and all applicable local, state, national, and international laws, rules and regulations, and all export control laws, including laws regarding the export of technical data.

You may not:

damage the website in any way and by any means;
interfere with other user’s interactions with the website;
be involved in disseminating (a) abusive content, (b) pornographic content, (c) content inciting hatred against individuals based on race or ethnic origin, religion, disability, gender, age, and sexual orientation/gender identity, (d) content that impersonates other people, thus confusing or misleading other people, or (e) any materials that in any way violate or override the rights and freedoms of other people. Zadavaka will report child pornography to the relevant law enforcement agencies and will also provide them with all known user information;
be involved in uploading, posting, or disseminating any content protected by intellectual property rights or by rights of privacy. This is not applied to the case when you own the rights to the content or have a legal permission for using the content;
be involved in disseminating any infected or corrupted files, including any files impacted by a virus, malicious code, malware, or any other similar technology;
use affiliate links unless a third-party seller approves you into an affiliate program;
delete or alter any author attributions, copyright notices, labels of source of content when you publish it;
use the website to gather personal information about other users unless you have their explicit consent;
be involved in disseminating unauthorized private and confidential information about other people;
be involved in disseminating content promoting illegal activities or jeopardizing the lives of other people.

Disclaimer of Responsibility

Zadavaka is responsible or liable for neither user-submitted content nor mistakes, inaccurate information, statements made by users, slander, obscenity, pornography, or objectionable material you may find on the website. Neither are we obliged to browse through, control, or alter user-submitted content. However, we do reserve the right remove or edit user-submitted content if we find it inappropriate or harmful to us or other users.

The situations that allow us to use, disclose or share any information gathered about your interactions on the website include situations

when we are required to do so by law, e.g. lawful subpoena;
when this is essential to provide you with our services or to bill for our services;
when this is a necessary measure to protect our rights;
when we protect our users from unlawful actions performed on the website.

NOTE: ANY VIOLATIONS OF THESE TERMS OR ANY OTHER AGREEMENT OR POLICY ASSOCIATED WITH THE WEBSITE, WHETHER INDIRECT, ACTUAL OR ATTEMPTED, AND PERFORMED BY A THIRD PARTY ON YOUR BEHALF OR UNDER YOUR USERNAME, SHALL BE VIEWED AS VIOLATIONS BY YOU.

Any violations of the Terms, including the violation described above, may lead to the usage of restrictive measures against you, including, but not limited, to the cancellation of your subscription, suspension of your account, or termination of your rights to use the website.

Proprietary Rights Owned by Us

To the maximum extent permitted by applicable law, the website and its design are copyrighted and are protected by copyright laws and international provisions. Any content found on the website (the “Collective Content”) and the organization of visual information shall be considered a collective work and, consequently, protected by copyright laws and international provisions as well. Any use of the Collective Content or any portion of it including but not limited to reproduction, modification, selling, and copying, is strictly prohibited unless you have a written consent of Zadavaka or comply with these Terms.

When you submit content to the website, you do not grant us ownership, but at the same time you grant Zadavaka an irrevocable, perpetual, non-exclusive, fully paid, royalty-free, worldwide license to use, copy, perform, modify, adapt, publish, display, translate, and distribute this Content, as well as to prepare derivative works of, or incorporate into other works this Content and to grant and authorize sublicenses through of the foregoing. When you submit your content as part of the Collective Content, in no event will we recognize any subsequent prohibited use of the Collective Content by any party, in any way, for any purpose.

Software

You have the right to use and/or access any software and files of any kind produced by the said software (“Software”) for the purposes of the website and those described in the Terms and/or to get the services provided by the website. You must not use the software for the purposes that may have a negative impact on the services provided by the website or damage the website or its reputation in any way. When accessing the website, you agree not to copy, distribute, sell, modify, decompile, reverse-engineer, disassemble, or create derivative works from the software. The software that is used for the purposes of the website and those described in the Terms and/or to get the services provided by the website is protected by intellectual property law to the maximum extent permitted by law.

Patents

The services we provide and the processes that govern our work may be protected either by patents or proprietary rights. Zadavaka holds for its own use all the rights provided by copyright and patent laws. In no event the rights under patent law shall be transferred or granted to any third party for any purpose. You may not violate or override the said rights or use any of our services or processes for any purpose that is not clearly stated in these Terms or on the website.

Trademarks

Zadavaka is the trademark holder of Zadavaka, the Zadavaka logo, the Zadavaka slogan, page headers, custom graphics, button icons, scripts, and any other name of a product or service, including their logos and slogans, rendered by Zadavaka. Hence, you agree not to copy, imitate or use them unless you have a written consent of Zadavaka.

Should you encounter any other trademarks, product names or logos on the website, please be informed that those are the property of their respective owners. When we refer to any product or service by trademark we by no means recommend or promote those products or services.

Third-Party Content

To enhance your user experience, we may place links to products or services provided by third-party vendors, links to other websites and pages or third-party content on the website. By placing the said links, we by no means take responsibility for the third-party content, its accuracy, reliability, and quality. If you decide to go to a third-party website, please be informed that our policies and practices shall not be applicable to you any longer; we also encourage you to read the policies, regularities, and any other agreements associated with that third-party website before using it.

We encourage you to read our Privacy Policy to find out how we gather, aggregate, process, and store personal information. By accessing the website, you agree to the fact that any personal information you provide us with while registering on the website and/or using the website including, but not limited to, your username and name and the content you submit are available to other users of the website.

Zadavaka may also transfer any personal information gathered about you outside of your country of residence to the country where we maintain our facilities and will store your personal information.

You are solely responsible for protecting the content you submit to our website. In no event Zadavaka will pay any compensation regarding the use of the content you submit.

Storage

You agree that Zadavakais by no means responsible or liable for any damage to the content you submit that may occur while using, storing or transferring the said content. Hence, we encourage you to create backup copies before submitting your content to our website.

Disclaimer of Warranties

WE TRY TO PROVIDE THE BEST SERVICE WE CAN AND ARE CONSTANTLY WORKING ON IMPROVING THE QUALITY OF OUR SERVICES AND PRODUCTS, BUT BY ACCESSING THE WEBSITE YOU ACKNOWLEDGE AND AGREE THAT ALL SERVICES AND PRODUCTS RENDERED BY Zadavaka, INCLUDING ANY CONTENT AND/OR OFFERS AVAILABLE ON THE WEBSITE AND OUR EMAILS, AND THE WEBSITE ITSELF ARE OFFERED “AS IS” AND “AS AVAILABLE” AND THAT WE MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND IN REGARDS TO ANY PRODUCTS OR SERVICES OR THE WEBSITE OR EMAILS WE SEND TO YOU. Zadavaka DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS THAT THE WEBSITE, ANY CONTENT FOUND ON THE WEBSITE OR EMAILS WE SEND TO YOU CONTAIN NO VIRUSES, MALWARE OR ANY OTHER SIMILAR TECHNOLOGIES. NEITHER DO WE MAKE ANY WARRANTIES AND REPRESENTATIONS THAT USING OUR CONTENT OR EMAILS OR THE WEBSITE IS SECURE AND SAFE. YOU UNDERSTAND AND AGREE THAT YOU USE THE WEBSITE AND THE SERVICES AND PRODUCTS WE PROVIDE AT YOUR OWN RISK. WE MAKE ABSOLUTELY NO REPRESENTATIONS OR WARRANTIES, WHETHER EXPRESS OR IMPLIED, ORAL OR WRITTEN, REGARDING THE WEBSITE, OUR CONTENT, AND EMAILS WE SEND TO YOU INCLUDING, BUT NOT LIMITED TO, ANY WARRANTY OF MERCHANTABILITY, ANY WARRANTY OF FITNESS OR SUITABILITY FOR ANY PURPOSE, AND ANY WARRANTY OF NON-INFRINGEMENT OR CONDITION OF TITLE. Zadavaka MAKE ABSOLUTELY NO REPRESENTATIONS OR WARRANTIES THAT THE FUNCTIONS OF OUR SERVICES AND/OR PRODUCTS, OUR CONTENT, AND THE WEBSITE ARE OFFERED ERROR-FREE AND WILL OPERATE WITHOUT INTERRUPTION. FURTHERMORE, WE DO NOT GUARANTEE THAT ANY DEFECTS DETECTED IN REGARDS TO THE WEBSITE, OUR CONTENT OR OUR SERVICES AND PRODUCTS WILL BE CORRECTED. BY ACCESSING THE WEBSITE YOU AGREE TO RELY ON NO WARRANTIES AND TO USE THE WEBSITE AT YOUR OWN RISK. IF ANY WARRANTY OR REPRESENTATION CLEARLY EXPRESSED IN THESE TERMS FAIL OF THEIR ESSENTIAL PURPOSE, THE DISCLAIMER AND EXCLUSION WILL ALSO TAKE EFFECT.

Limitation of Liability

Zadavaka IS NOT LIABLE TO YOU OR ANY LEGAL ENTITY OR ANY OTHER THIRD PARTY FOR LOSS OF REVENUE, PROFITS OR INCOME, WHETHER SPECIAL, INDIRECT, ACTUAL, INCIDENTAL, EXEMPLARY, PUNITIVE, OR CONSEQUENTIAL, OR OTHER KINDS OF DAMAGE THAT MAY ARISE IN REGARDS TO THE WEBSITE, OUR CONTENT, EMAILS, PRODUCTS OR SERVICES INCLUDING, BUT NOT LIMITED TO, EMOTIONAL DISTRESS, PAIN, SUFFERING, COST OF SUBSTITUTE PRODUCTS AND/OR SERVICES AND EVEN IF Zadavaka HAS BEEN ADVISED OF OR IS AWARE OF THE POSSIBILITY OF SUCH DAMAGES. FURTHERMORE, OUR LIABILITY TO YOU OR ANY THIRD PARTY IN REGARDS TO THE WEBSITE, OUR CONTENT, EMAILS, PRODUCTS OR SERVICES IS LIMITED TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, AND IN NO EVENT SHALL THE CUMULATIVE AGGREGATE LIABILITY EXCEED IN AGGREGATE THE NET AMOUNTS WE RECEIVED FROM YOU FOR SOLELY YOUR USE OF THE WEBSITE. MULTIPLE CLAIMS WILL NOT EXPAND THIS LIMITATION. IF ANY REMEDY DESCRIBED IN THESE TERMS FAILS OF ITS ESSENTIAL PURPOSE, THIS PROVISION TAKES EFFECT. CERTAIN LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.

Indemnification

To the maximum extent authorized by applicable law, you acknowledge and agree to indemnify and hold harmless Zadavaka and any other indemnified party associated with Zadavaka from and against any and all suits, claims, damages, fines, liabilities, losses, costs, payments, expenses, actions, penalties, settlements, deficiencies, judgments, proceedings, reasonable attorney fees that may directly or indirectly result from:

your violation of the Terms;
your use of the website, our services and products;
the content you submit to the website;
your violation of the rights and freedoms of other users;
your conduct.

By indemnified party we understand our employees, officers, affiliates, investors, partners, contractors, agents, attorneys, and other applicable parties.

Customer Care

If you have any questions about these Terms, our Privacy Policy, the website, our content or products and services, please feel free to contact us via our Customer Care service.

Termination and Access Restriction

At any time and for any purpose, Zadavaka reserves the right to:

cancel your subscription,
modify or delete your account,
limit your access to the website,
delete, edit, alter any user-submitted content,
deny access to any user of the website.

Disclosing Information

If we are required to do so by law, we may access or disclose the information we have gathered about you including, but not limited to, your username and name, as well as the content you submit to the website. The reasons for disclosing the said information include without limitation:

complying with legal process;
enforcing these Terms;
processing claims that the content you have submitted breaks or overrides the rights or freedoms of other users of the website;
dealing with your requests sent to us via our Customer Care service;
protecting the rights and interests of Zadavaka;
protecting the rights and interests our users.

Choice of Law and Jurisdiction

These Terms are subject to the laws of the state of California and the United States of America. Use of the Zadavaka website is unauthorized in any jurisdiction that does not give full effect to all provisions of these Terms including, but not limited to, this paragraph. The performance of Zadavaka per these Terms complies with existing laws and legal process. Nothing described in these Terms is in derogation of the right to comply by Zadavaka with governmental, court and law enforcement requests or requirements regarding your use of information provided to or gathered by Zadavaka with respect to such use. Otherwise and if any provision of these Terms including, but not limited to, the disclaimer of warranty and the limitation of liability does not comply with applicable law, a valid provision that complies with applicable law and renders the similar intent of the invalid provision shall supersede the said invalid provision. In such case, other provisions of these Terms will still apply and remain in effect.

These Terms shall be viewed as an agreement between you and Zadavaka regarding the use of the website, unless otherwise is clearly stated in these Terms. These Terms shall be treated as the primary and fundamental document governing the work and processes related to the website, consequently, superseding any other proposals, electronic, oral or written, between you and Zadavaka and related to the website.

A printed version of these Terms served and filed in judicial and administrative proceedings associated with these Terms and the website shall be considered a true representation of these Terms.

Copyright Infringement and Complaints

Zadavaka respects copyright. To report copyright infringement allegedly occurring on our website, please send us a notice of claimed infringement via our Customer Care service or using the contact information below:

Zadavaka

6977 Navajo Road, # 184
San Diego, CA 92119 USA
(619) 329-4800 (San Diego, CA)

To file an effective notice of claimed infringement, please read the following guidelines:

Describe the copyrighted work or works you believe to have been infringed;
Provide links to the material you believe to be infringing so that we could locate it;
Specify physical address, email address, and/or telephone number of the complaining party;
Prepare and send us a written statement that you have a good faith belief that the use of the material under dispute is not authorized by the copyright owner;
Prepare and send us a statement, under penalty of perjury, that the notice you submit is accurate and that you are the copyright owner or are authorized to represent him or her;
Provide a physical or electronic signature of a person authorized to act on your behalf.

Below are the ways we may use to forward notices of claimed infringement to our users:

notice on the website;
via email – in this case we shall use the email address you provided us with while registering on the website.

In compliance with the Digital Millennium Copyright Act and other applicable law, we reserve the right to disable accounts, holders of which are considered to be repeat copyright infringers.