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Welcome to the Zambah Network of content, the Zambah Hosted Service (referred to herein as the “Service”) and the Zambah Website. Your use of the Service and Website, and your access to and use of the Zambah Network of content is subject to the following terms and conditions (the "Terms of Use", and “Terms”) and to the terms and conditions of Zambah's Privacy Policy, which are published at Privacy Policy, and which are incorporated herein by reference.
By using and/or visiting this service and/or website, and by accessing or using the Zambah Network (collectively, including all content available through the Zambah.com site, or through all partner sites via an Application Programming Interface, “API” (the "Zambah Website", or "Website"), you signify your assent to the Terms of Use. You may not use the Service, Website, or Zambah Network if you do not accept the Terms of Use. Any new features or tools that are added to the Services, Website, or Zambah Network shall also be subject to these Terms of Use.
Zambah reserves the right to update and change the Terms of Use from time to time without notice. Any updates or changes will be effective immediately upon posting of the revisions on Terms of Use, and you waive any right you may have to receive special notice of such updates or changes. Your continued use of the Services, Website, and/or Zambah Network following any update or change of the Terms of Use will signify your acceptance of such revised terms. It is your responsibility to frequently review the Terms of Use for any updates or changes that may impact you. If you do not agree to the revised terms, you must stop using the Services, Website, or Zambah Network.
The Terms of Use apply to all users of the Zambah Website, including users who contribute video content, information, and other materials, skills or services on the Website, users who access the site and the Zambah Network, and Service through partner sites, via an API. The Zambah Website may contain links to third party websites that are not owned or controlled by Zambah. Zambah has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party websites. In addition, Zambah will not, and cannot, censor or edit the content of any third-party site. By using the Website, you expressly release Zambah from any and all liability arising from your use of any third-party website. Accordingly, we encourage you to be aware when you leave the Zambah Website and to read the terms and conditions and privacy policy of each website that you visit.
A. Zambah hereby grants you permission to use the Website as set forth in this Terms of Use, provided that: (i) you will not copy or distribute any part of the Website in any medium without Zambah's prior written authorization; (ii) you will not alter or modify any part of the Website, other than as may be reasonable permitted according to the site’s GUI and its purpose and (iii) you will otherwise comply with the terms and conditions of the Terms of Use.
B. In order to access some features of the Website and/or Service, you will have to create an account. You may never use another user’s account without
permission. When creating your account, you must provide accurate and complete information. You are solely responsible for the activity that occurs on your
account, and you must keep your account password secure. You must notify Zambah immediately of any breach of security or unauthorized use of your account.
(Please contact [email protected] to report any problems). Although Zambah will not be liable for your losses
caused by any unauthorized use of your account, you may be liable for the losses of Zambah or others due to such unauthorized use.
C. You agree not to use or launch any automated system, including without limitation, "robots," "spiders," "offline readers," etc., that accesses the
Website in a manner that sends more request messages to the Zambah servers in a given period of time than a human can reasonably produce in the same period
by using a conventional on-line web browser. Notwithstanding the foregoing, Zambah grants the operators of public search engines permission to use spiders
to copy materials from the site for the sole purpose of creating publicly available searchable indices of the materials, but not caches or archives of such
materials. Zambah reserves the right to revoke these exceptions either generally or in specific cases. You agree not to collect or harvest any personally
identifiable information, including account names, from the Website, nor to use the communication systems provided by the Website for any commercial
solicitation purposes. You agree not to solicit, for commercial purposes, any users of the Website with respect to their User Submitted Media.
A. The content on the Zambah Website, except all User Submitted Media (as defined below), including without limitation, the text, software, scripts, graphics, photos, sounds, music, videos, interactive features and the like ("Content") and the trademarks, service marks and logos contained therein ("Marks"), are owned by or licensed to Zambah, and are subject to copyright and other intellectual property rights under Canada and foreign laws and international conventions.
B. Content on the Website is provided to you AS IS for your information and personal use only and may not be used, copied, reproduced, distributed,
transmitted, broadcasted, displayed, sold, licensed, or otherwise exploited for any other purposes whatsoever without the prior written consent of the
respective owners. Zambah reserves all rights not expressly granted in and to the Website and the Content.
C. You agree to not engage in the use, copying, or distribution of any of the Content other than as expressly permitted herein, including any use, copying,
or distribution of User Submitted Media of third parties obtained through the Website for any commercial purposes.
D. If you download or print a copy of the Content for personal use, you must retain all copyright and other proprietary notices contained therein.
E. You agree not to circumvent, disable or otherwise interfere with security related features of the Zambah Website or features that prevent or restrict
use or copying of any Content or enforce limitations on use of the Zambah Website or the Content therein.
A. The Zambah Website may now or in the future permit the submission of videos, photos and other forms of media, or other communications submitted by you and other users ("User Submitted Media") and the hosting, sharing, importing, editing, remixing, and/or publishing of such User Submitted Media. You understand that whether or not such User Submitted Media is published, Zambah DOES NOT GUARANTEE ANY CONFIDENTIALITY with respect to any submissions.
B. You shall be solely responsible for your own User Submitted Media and the consequences of posting or publishing them. In connection with User Submitted
Media, you affirm, represent, and/or warrant that: (i) you own or have the necessary licenses, rights, consents, and permissions, patents, trademarks,
trade secrets, copyrights or other proprietary rights to use and authorize Zambah, and other users of the Zambah Website to include and use your submitted
data in the manner contemplated by the Website and the Terms of Use; and (ii) you have the written consent, release, and/or permission of each and every
identifiable individual person in the User Submitted Media to use the name or likeness of each and every such identifiable individual person to enable
inclusion and use of the User Submitted Media in the manner contemplated by the Website and the Terms of Use.
C. You retain all ownership rights in your User Submitted Media.
D. By submitting User Submitted Media to the Zambah Website you hereby grant (or warrant that the owner of such rights has expressly granted) Zambah, other
users of the Zambah Website, and others, a non-exclusive right to use, reproduce, publicly perform, distribute display, remix, excerpt, adapt, transcode,
create derivative work, use in connection with advertising, promotional or commercial purposes your User Submitted Media pursuant to the terms and
conditions of the Creative Commons "Attribution-NonCommercial-ShareAlike 3.0" license located at http://creativecommons.org/licenses/by-nc-sa/3.0/ (the "Creative Commons BY-SA License").
E. You shall not revoke the foregoing license grant following your submission of User Submitted Media to the Zambah Website.
F. You further agree that you will not: (i) submit material that is copyrighted, protected by trade secret or otherwise subject to third party proprietary
rights, including privacy and publicity rights, unless you are the owner of such rights or have permission from their rightful owner to post the material
and to grant Zambah all of the license rights granted herein; (ii) publish falsehoods or misrepresentations that could damage Zambah or any third party;
(iii) submit material that is unlawful, obscene, defamatory, libelous, threatening, pornographic, harassing, hateful, racially or ethnically offensive, or
encourages conduct that would be considered a criminal offense, give rise to civil liability, violate any law, or is otherwise inappropriate; (iv) post
advertisements or solicitations of business; or (v) impersonate another person.
G. Zambah does not endorse any User Submitted Media or any opinion, recommendation, or advise expressed therein, and Zambah expressly disclaims any and all
liability in connection with User Submitted Media. Zambah does not permit copyright infringing activities and infringement of intellectual property rights
on its Website, and Zambah will remove all Content and User Submitted Media if properly notified that such Content or User Submitted Media infringes on
another's intellectual property rights. Zambah reserves the right to remove Content and User Submitted Media without prior notice. Zambah will also
terminate a User's access to its Website, if they are determined to be a repeat infringer. A repeat infringer is a User who has been notified of infringing
activity more than twice and/or has had User Submitted Media removed from the Website more than twice. Zambah also reserves the right to decide whether
Content or User Submitted Media is appropriate and complies with these Terms of Use for violations other than copyright infringement and violations of
intellectual property law, such as, but not limited to, pornography, obscene or defamatory material, or excessive length. Zambah may remove such User
Submitted Media and/or terminate a User's access for uploading such material in violation of the Terms of Use at any time, without prior notice and at its
sole discretion.
H. In particular, if you are a copyright owner or an agent thereof and believe that any User Submitted Media or other content infringes upon your
copyrights, you may report this to us by providing the following information in writing:
A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
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;
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;
Information reasonably sufficient to permit the service provider to contact you, such as an address, telephone number, and, if available, an electronic mail;
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;
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.
I. You understand that when using the Zambah Website, you may be exposed to User Submitted Media from a variety of sources, and that Zambah is not responsible for the accuracy, usefulness, safety, or intellectual property rights of or relating to such User Submitted Media. You further understand and acknowledge that you may be exposed to User Submitted Media that are inaccurate, offensive, indecent, or objectionable, and you agree to waive, and hereby do waive, any legal or equitable rights or remedies you have or may have against Zambah with respect thereto, and agree to indemnify and hold Zambah, its Owners/Operators, affiliates, and/or licensors, harmless to the fullest extent allowed by law regarding all matters related to your use of the site.
J. Zambah permits you to link to materials on the Website for personal, non-commercial purposes. In addition, Zambah provides an "Embeddable Player" feature, which you may incorporate into your own personal websites for use in accessing the materials on the Zambah Website. In addition Zambah may provide now or in the future, the ability to access its content or User Submitted Media in a programmatic manner using APIs and related services. Use of the Embeddable Player, API and related services is provided so long as any links back to the Zambah website are not disabled. Zambah reserves the right to discontinue any aspect of the Zambah Website, including streaming of content to the Embeddable Player, and calls to the API or related services at any time.
YOU AGREE THAT YOUR USE OF THE ZAMBAH WEBSITE, SERVICE, AND/OR NETWORK SHALL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, ZAMBAH, ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE WEBSITE AND YOUR USE THEREOF. ZAMBAH MAKES NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THIS SITE'S CONTENT OR THE CONTENT OF ANY SITES LINKED TO THIS SITE AND ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR WEBSITE, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR WEBSITE, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH OUR WEBSITE BY ANY THIRD PARTY, AND/OR (V) ANY ERRORS OR OMISSIONSIN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE ZAMBAH WEBSITE. ZAMBAH DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE ZAMBAH WEBSITE OR ANY HYPERLINKED WEBSITE OR FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND ZAMBAH WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE.
IN NO EVENT SHALL ZAMBAH, ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS, BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER RESULTING FROM ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR WEBSITE, SERVICE, AND/OR THE ZAMBAH NETWORK, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR WEBSITE, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH OUR WEBSITE BY ANY THIRD PARTY, AND/OR (V) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF YOUR USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE ZAMBAH WEBSITE, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER ORNOT THE COMPANY IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.
YOU SPECIFICALLY ACKNOWLEDGE THAT ZAMBAH SHALL NOT BE LIABLE FOR USER SUBMITTED MEDIA OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY
AND THAT THE RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH YOU.
The Website is controlled and offered by Zambah from its facilities in Canada. Zambah makes no representations that the Zambah Website is appropriate or
available for use in other locations. Those who access or use the Zambah Website from other jurisdictions do so at their own volition and are responsible
for compliance with local law.
You agree to defend, indemnify and hold harmless Zambah, its subsidiaries, 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: (i) your use of and access to the Zambah Website and/or Service; (ii) your violation of any term of these Terms of Use; (iii) your violation of any third party right, including without limitation any copyright, property, or privacy right; or (iv) any claim that your User Submitted Media caused damage to a third party. This defense and indemnification obligation shall survive the termination and/or expiration of the Terms of Use.
You affirm that you are either more than 18 years of age, or an emancipated minor, or possess legal parental or guardian consent, and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in the Terms of Use, and to abide by and comply with the Terms of Use. In any case, you affirm that you are over the age of 13, as the Zambah Website and Service are not intended for children under the age of 13. If you are under 13 years of age, then please do not use the Zambah Website or Service—there are lots of other great web sites for you. Talk to your parents about what sites are appropriate for you.
For information about how we collect and use information about users of the Service, please check out our privacy policy available at Privacy Policy.
All personal data that you provide to us in connection with your use of the Platform is collected, stored, used and disclosed by Zambah in accordance with our Privacy Policy. In addition, in common with most online services, we use cookies to help us understand how people are using the Platform, so that we can continue to improve the service we offer. By accepting these Terms of Use and using the Platform, you also accept the terms of the Privacy Policy.
The Terms of Use, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by Zambah without restriction.
If you breach any of these Terms, we have the right to suspend or disable your access to or use of the Service.
Zambah will suspend or terminate your account and access to the Platform if Zambah determines, in its reasonable discretion, that you have repeatedly breached these Terms of Use.
If we receive a valid notification from a third party in accordance with our reporting processes or applicable law that any of Your Content infringes the copyright or other rights of such third party, or if we believe that your behaviour is inappropriate and violates these Terms of Use, we will send you a written warning to this effect. Any user that receives more than two of these warnings is liable to have their access to the Platform terminated indefinitely.
We will also suspend or terminate your account without warning if ordered to do so by a court, and/or in other appropriate circumstances, as determined by Zambah at its discretion.
These Terms constitute the entire agreement between you and Zambah regarding the use of the Service, superseding any prior agreements between you and Zambah relating to your use of the Service.
Please let us know what you think of the Service, these Terms and, Zambah in general. Questions or comments about the Service may be directed to us at the email address [email protected].
What information do we collect?
We collect information from you when you register on our site.
When ordering or registering on our site, as appropriate, you may be asked to enter your: name, e-mail address, mailing address, phone number or credit card information. You may, however, visit our site anonymously.
Google, as a third party vendor, uses cookies to serve ads on your site. Google's use of the DART cookie enables it to serve ads to your users based on their visit to your sites and other sites on the Internet. Users may opt out of the use of the DART cookie by visiting the Google ad and content network privacy policy.
What do we use your information for?
Any of the information we collect from you may be used in one of the following ways:
To personalize your experience (your information helps us to better respond to your individual needs)
To improve our website (we continually strive to improve our website offerings based on the information and feedback we receive from you)
To improve customer service (your information helps us to more effectively respond to your customer service requests and support needs)
To process transactions
Your information, whether public or private, will not be sold, exchanged, transferred, or given to any other company for any reason whatsoever, without your consent, other than for the express purpose of delivering the purchased product or service requested.
To administer a contest, promotion, survey or other site feature
To send periodic emails
The email address you provide for order processing, may be used to send you information and updates pertaining to your order, in addition to receiving occasional company news, updates, related product or service information, etc.
How do we protect your information?
We implement a variety of security measures to maintain the safety of your personal information when you place an order or enter, submit, or access your personal information.
We offer the use of a secure server. All supplied sensitive/credit information is transmitted via Secure Socket Layer (SSL) technology and then encrypted into our Payment gateway providers database only to be accessible by those authorized with special access rights to such systems, and are required to keep the information confidential.
After a transaction, your private information (credit cards, social security numbers, financials, etc.) will not be kept on file for more than 60 days.
Yes (Cookies are small files that a site or its service provider transfers to your computers hard drive through your Web browser (if you allow) that enables the sites or service providers systems to recognize your browser and capture and remember certain information. We use cookies to help us understand and save your preferences for future visits, keep track of advertisements and compile aggregate data about site traffic and site interaction so that we can offer better site experiences and tools in the future. We may contract with third-party service providers to assist us in better understanding our site visitors. These service providers are not permitted to use the information collected on our behalf except to help us conduct and improve our business.
We do not sell, trade, or otherwise transfer to outside parties your personally identifiable information. This does not include trusted third parties who assist us in operating our website, conducting our business, or servicing you, so long as those parties agree to keep this information confidential. We may also release your information when we believe release is appropriate to comply with the law, enforce our site policies, or protect ours or others rights, property, or safety. However, non-personally identifiable visitor information may be provided to other parties for marketing, advertising, or other uses.
Third party links
Occasionally, at our discretion, we may include or offer third party products or services on our website. These third party sites have separate and independent privacy policies. We therefore have no responsibility or liability for the content and activities of these linked sites. Nonetheless, we seek to protect the integrity of our site and welcome any feedback about these sites.
Childrens Online Privacy Protection Act Compliance
We are in compliance with the requirements of COPPA (Childrens Online Privacy Protection Act), we do not collect any information from anyone under 13 years of age. Our website, products and services are all directed to people who are at least 13 years old or older.
Online Privacy Policy Only
This online privacy policy applies only to information collected through our website and not to information collected offline.
Terms and Conditions
Please also visit our Terms of Use section establishing the use, disclaimers, and limitations of liability governing the use of our website at http://www.zambah.com/terms-use
Your Consent
By using our site, you consent to our web site privacy policy.
Changes to our Privacy Policy
If we decide to change our privacy policy, we will post those changes on this page, send an email notifying you of any changes, and/or update the Privacy Policy modification date below.
Contacting Us
If there are any questions regarding this privacy policy you may contact us using the information below.
www.zambah.com
27 Fletcher Ave
Ajax, Ontario L1Z 1H5
Canada
[email protected]