Zambah Terms of Use

Acceptance of Terms

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.

Zambah Website

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.

Website Access

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.

Intellectual Property Rights

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.

User Submitted Media

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:

1. A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;

2. 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;

3. 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;

4. Information reasonably sufficient to permit the service provider to contact you, such as an address, telephone number, and, if available, an electronic mail;

5. 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;

6. 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.

Warranty Disclaimer

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.

Limitation of Liability

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.

Indemnity

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.

Ability to Accept 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.

Data Protection and Privacy Policy

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.

Assignment

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.

Termination and Repeat Infringers

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.

Entire Agreement

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.

Contact & Feedback

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].