Please review the following terms and conditions concerning your use of this site.
If you choose to register for or maintain an account with this web site, you will provide us with true, accurate, current and complete information. You will promptly update your registration to keep it accurate, current and complete. You must submit a current, active, and unique email address for your account when you register, and update that email address if it changes. You are responsible for receiving administrative notices at that email address.
You are responsible for all activity involving your account. You will choose a secure password that cannot easily be guessed by any other person and you will not reveal your password to anyone else. You agree to immediately notify us of any unauthorized use of your accounts or passwords or any other breach of security. You agree to ensure that other people cannot access your account, including logging out from your accounts at the end of each session if other people may have access to that computer. We will not be responsible for any loss or damage that may result if you fail to comply with these requirements.
If you choose a username that, in our sole discretion, is obscene, misleading, abusive or otherwise inappropriate, we reserve the right, without prior notice to you, to change your username, delete your posts from this site, deny you access to this site, delete or suspend your account, or any combination of these options.
You may not create more than two (2) user accounts. We recommend each user create only one (1) account, although one additional account is permitted solely for the purpose of additional anonymity for job security or personal privacy. Multiple accounts are not permitted for the purpose of actively deceiving and/or harassing other users, or creating conflict. Violations of this policy may result in all related accounts being permanently suspended.
You are solely responsible for all materials, whether publicly posted or privately transmitted, that you upload, post, email, transmit or otherwise make available on this site (“Your Content”). You certify that you own all intellectual property rights applicable to Your Content. You hereby grant us, our affiliates, and our partners a worldwide, irrevocable, royalty-free, nonexclusive, sub-licensable license to use, reproduce, create derivative works of, distribute, publicly display, transfer, transmit, distribute and publish Your Content.
Without limitation, we are not responsible for content submitted by our users. We have the right, but not the obligation, to remove any content that may, in our sole discretion, violate these Terms or that is otherwise objectionable.
USE OF COMMUNITY FORUMS AND USER REVIEWS
After registering for a user account, you may post in the Zia3 community forums, discussion areas, and User Review areas, with the following restrictions:
You may NOT:
- Submit illegal postings or postings of topics of an illegal nature;
- Submit personal attacks against any other user or visitor;
- Defame, abuse, harass, stalk, threaten or otherwise violate the legal right of others;
- Publish, post, upload, email, distribute or disseminate (collectively, “Transmit”) any obscene, defamatory, infringing, or unlawful content;
- Transmit files or content that contain viruses, corrupted files, malicious or unauthorized code or scripts, or any other similar software, programs, code, or scripts that may damage or adversely affect the operation of another person’s software or hardware, our site, or violate any user’s privacy;
- Advertise or offer to buy or sell any goods or services for any purpose unless you have our written consent to do so; (That’s what auction sites are for.)
- Transmit surveys, contests, pyramid schemes, spam, unsolicited advertising or promotional materials, or chain letters;
- Falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material;
- Impersonate any person or entity, including, but not limited to, a Zia3 representative or another user, or falsely state or otherwise misrepresent your affiliation with a person or entity;
- “Cross-post” excessively. You may not post the same message to more than three (3) forums.
Unauthorized access to this site is a breach of these Terms and a violation of the law. You agree not to access this site by any means other than through the web or mobile interfaces explicitly and clearly provided publicly by Zia3 for use in accessing this site. You agree not to download any file that you know, or reasonably should know, cannot be legally obtained in such manner.
You agree not use any automated means, including, without limitation, agents, robots, scripts, or spiders, to access, monitor or copy any part of this site excluding RSS feeds, except those automated means that we have explicitly approved in advance and in writing.
You may not attempt to use anyone else’s username, password, or account. You may not attempt to collect or store personal information about other users or visitors.
You may not forge headers, manipulate identifiers or other data in order to disguise the origin of any content transmitted through our site, or otherwise artificially manipulate your presence on our site.
You may not take any action, intentional or otherwise, that imposes an unreasonably or disproportionately large load on our infrastructure. You may not attempt to interfere with or disrupt our site, servers or networks.
We have the right, but not the obligation, to take any of the following actions in our sole discretion at any time and for any reason without giving you any prior notice:
- Change, suspend, discontinue, or remove all or any part of our content or Services;
- Restrict, suspend or terminate your access to all or any part of the Services;
- Refuse, move or remove any material that you submit to this site for any reason;
You agree that we will not be liable to you or any third party for taking any of these actions.
Such actions taken due to inappropriate user behavior may also be applied to any and all additional accounts for which there is reasonable evidence that they are associated with the same person.
You understand and agree that our Services may include communications such as service announcements and administrative messages from us and that these communications are considered part of the Services. You will not be able to opt out of receiving these messages.
USE OF WEBSITE INFORMATION
This site includes a combination of content that we create, that our partners create and that our users create. All materials published on our site, including, but not limited to, written content, photographs, graphics, images, illustrations, marks, logos, sound or video clips and flash animation, are protected by our copyrights or trademarks or those of our partners. You may not modify, publish, transmit, participate in the transfer or sale of, reproduce, create derivative works of, distribute, publicly perform, publicly display or in any way exploit any of the materials or content or this site in whole or in part.
An exception is made for our free, partial-content RSS feeds, the content of which may be aggregated, syndicated, or republished on other web sites. Automated syndication mechanisms may query our RSS feeds for new information at a maximum frequency of once every 10 (ten) minutes. Information not explicitly included in the free feeds may not be syndicated.
You may be exposed to content that you find offensive, indecent, objectionable, or that is inaccurate, and you bear all risks associated with using that content.
LINKS TO THIRD PARTY SITES
This website contains links to Internet sites owned and/or controlled by parties other than Zia3. Zia3 is not responsible for and does not endorse the contents or use of these Internet sites. Our inclusion on this site of any third party content or a link to a third party site is not an endorsement of that content or Internet site.
THIRD PARTY VENDORS
We do not sell, resell or license any of the products or services that we review or list on this site, and we disclaim any responsibility for or liability related to them. Your correspondence or related activities with third parties, including payment transactions and goods delivery transactions, are solely between you and that third party. You agree that we will not be responsible or liable for any loss or damage of any sort incurred as the result of any of your transactions with third parties.
This web site is Copyright © 2001-2012 Zia3. All Rights Reserved. Zia3™ ® is a registered trademark of Zia3. Some company and product names on this site may be trademarks or registered trademarks of individual companies and are respectfully acknowledged.
WARRANTIES AND DISCLAIMERS
THE INFORMATION, SOFTWARE, PRODUCTS AND SERVICES CONTAINED ON THIS WEB SITE MAY BE OUT OF DATE OR INCLUDE OMISSIONS, INACCURACIES OR OTHER ERRORS. EXCEPT WHERE EXPRESSLY PROVIDED OTHERWISE IN AN AGREEMENT BETWEEN YOU AND Zia3, ALL INFORMATION, SOFTWARE, PRODUCTS AND SERVICES ARE PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND. ZIA3 HEREBY DISCLAIMS ALL WARRANTIES WITH RESPECT TO THIS INFORMATION, SOFTWARE, PRODUCTS AND SERVICES, WHETHER EXPRESS OR IMPLIED, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. IN NO EVENT SHALL ZIA3 BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES, OR DAMAGES FOR LOSS OF PROFITS, REVENUE, DATA OR USE, INCURRED BY YOU OR ANY THIRD PARTY, WHETHER IN AN ACTION IN CONTRACT OR TORT, ARISING FROM YOUR ACCESS TO, OR USE OF, THIS WEB SITE. ZIA3 RESERVES THE RIGHT TO MAKE CHANGES OR UPDATES TO THIS WEB SITE AT ANY TIME WITHOUT NOTICE.
You agree to indemnify and hold Zia3 harmless from any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of your use of the Zia3 website, the violation of these terms and conditions by you, or the infringement by you, or other user of the site using your computer, of any intellectual property or other right of any person or entity. Zia3 reserves the right, at his own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you.
GOVERNING LAW AND JURISDICTION
This website is controlled by Zia3 from our office in Melbourne, Victoria, Australia. All matters relating to your access to, or use of, this website shall be governed by Australian federal law or the laws of the State of Victoria. Any legal action or proceeding relating to your access to, or use of, this Web site shall be instituted in a state or federal court in Melbourne, Victoria. You and Zia3 agree to submit to the jurisdiction of, and agree that venue is proper in, these courts in any such legal action or proceeding. You may not access, download, use or export the information, software, products or services contained on this website in violation of Australian export laws or regulations, or in violation of any applicable local laws or regulations.
If any part of these Terms is determined to be invalid or unenforceable pursuant to applicable law, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the Terms shall continue in effect.
Trademark and Copyright: If you have any questions concerning the usage or licensing of Zia3 trademarks or copyrights, or would like to request permission to use any Zia3 materials, contact us by e-mail using this link.