AGREEMENT TO OUR LEGAL TERMS
We are GameStreet Enterprises (‘Company‘, ‘we‘, ‘us‘, or ‘our‘).
We provide and maintain the Site, Zebnex.com, and other products and services that incorporate or are linked to these Legal Terms (collectively, the ‘Services‘).
You can reach us through our email; Zebnex.com@gmail.com
These Legal Terms set out a legal relationship between you, as an individual or a legal entity (‘you‘), and GameStreet Enterprises concerning Your use of the Services. You further agree that by using the Services, you have read, understood and have agreed to be bound by all of these Legal Terms. IF YOU DO NOT ACCEPT ALL OF THESE PROVISIONS, THEN YOU ARE STRICTLY PROHIBITED FROM USING THE SERVICES AND YOU MUST CEASE SUCH USE.
Additional terms and conditions or documents that may be posted on the Services from time to time are also incorporated herein by reference. We retain the right to change or modify these Legal Terms at our own discretion at any time in the future. We will notify you of changes by posting the ‘Last updated’ date of these Legal Terms, and you agree not to receive specific notice of each change. You are required to check these Legal Terms from time to time to ensure that you have read the latest version. You agree to be bound by such changes to the extent that you will be deemed to have been made aware of and to have accepted the changes in any revised Legal Terms by your continued use of the Services after the date such revised Legal Terms are posted.
The Services are designed for, without limiting the generality of the foregoing, users who are 18 years of age or older. No person under the age of 18 is allowed to use or to register for the Services.
It is advised that you download and save these Legal Terms for your future reference.
OUR SERVICES
The information provided when using the Services is not intended for distribution to or use by any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation or which would subject us to any registration requirement within such jurisdiction or country. Thus any such person accessing the Services from other locations are doing so on their own volition and are bound by the terms of this policy having regard to the laws applicable in such jurisdictions.
INTELLECTUAL PROPERTY RIGHTS
– Our intellectual property
All legal rights in our Services including all the source codes, databases, functionality, software, website designs, audio, video, text, photographs, and graphics in the Services (collectively, the ‘Content’) and the trademarks, service marks, and logos contained therein (the ‘Marks’) are owned by us or our licensors.
Our Content and Marks are copyrighted and trademarked (and various other intellectual property rights and unfair competition laws and treaties) in the United
States and around the world.
The Content and Marks are made available in or through the Services ‘AS IS’ for your personal, non-commercial use only.
– Your use of our Services
Subject to your compliance with these Legal Terms, including the ‘PROHIBITED ACTIVITIES‘ section below, we grant you a non-exclusive, non-transferable, revocable licence to:
- Access the Services;
- and download or print a copy of any part of the Content which you have lawfully obtained a right to use.
for your own use and for educational purposes only and may not be used for any commercial purposes.
Subject to the provisions of this section or elsewhere in the Legal Terms, the Services and any Content or Marks may not be copied, reproduced, aggregated, republished, uploaded, posted, publicly displayed, encoded,
reproduced, published, broadcast, transmitted, distributed, sold, licensed or otherwise used for any commercial gain without our prior written consent.
If you wish to make any use of the Services, Content, or Marks other than as set out in this section or elsewhere in our Legal Terms, please address your request to: Zebnex.com@gmail.com. If we ever give you the green light to post, reproduce or publicly display any part of our Services or Content, you must credit us as the owners or licensors of the Services, Content or Marks and ensure that any copyright or other proprietary notice is either apparent or included on posting, reproducing or displaying our Content.
As for the Services, Content and Marks, all rights not expressly granted to you are reserved.
Any violation of these Intellectual Property Rights will be considered as a violation of our Legal Terms and your right to access our Services will be cancelled.
– Your submissions
You should also read this section and the ‘PROHIBITED ACTIVITIES’ section before using the Services to understand the (a) rights granted to us and (b) responsibilities you have when you submit or upload any materials through the Services.
– Submissions: Any Submissions, including but not limited to questions, comments, suggestions, ideas, feedback or other information provided to us directly, shall become our property. You understand that we will own this Submission and will be able to use and distribute it for any lawful purpose, commercial or otherwise without paying you any royalty or other consideration.
– You are responsible for what you post or upload: When you provide Submissions through any part of the Services you:
- ensure that you have read and accepted the terms in the ‘PROHIBITED ACTIVITIES’ section and will not contribute, submit, post, upload, or transmit through the Services any Submission that is unlawful, abusive, threatening, defamatory, obscene, invasive of another’s privacy, harassing, stalking, hateful, racially, ethnically or otherwise objectionable; insofar as it may be legally done, release each of the parties from any and all moral rights in and to any such Submission.
- Affirm that any such Submission is your own original work and that you have the necessary rights and licences to submit such Submissions and that you have all necessary authority to grant us the above rights in relation to your Submissions.
- Acknowledge and agree that your Submissions do not constitute confidential information.
- You are solely responsible for your Submissions and you hereby undertake to indemnify us for any and all losses that we may sustain as a result of your violation of (a) this section; (b) any third party’s intellectual property rights; or (c) applicable law.
USER REPRESENTATIONS
By using the Services, you represent and warrant that: The following promises and warranties are given: (1) all registration information you submit will be true, accurate, current and complete; (2) you will update such registration information as soon as you know any such information is outdated; (3) you have the legal right and capacity to enter into these Legal Terms; (4) you are not a minor in the jurisdiction in which you are connecting to the Services; (5) you will not use
If you knowingly post information that is untrue, inaccurate, not current, or incomplete to us, we have the right to terminate your account and refuse any and all current or future use of the Services (or any portion thereof).
USER REGISTRATION
You may be required to register to use the Services and in doing so you agree to provide accurate information as requested. You also confirm to keep your password secret and will be fully liable for any activity performed through your account and password. We also reserve the right to cancel, reclaim, or change a username that you select if we consider it improper, vulgar or otherwise unsuitable.
PRODUCTS
Availability of all products is possible. Please note that we may discontinue any products at any time for any reason. It is important to note that the prices of all products may vary.
PURCHASES AND PAYMENT
We use Stripe as our payment gateway and we accept the following forms of payment:
- Visa
- Mastercard
- American Express
- Discover
You further agree to provide accurate, current and complete purchase and account information for all purchases made through the Services. You also agree to provide accurate account and payment information such as e-mail address, payment method and payment card expiration date in order to enable us to process your transactions and communicate with you as required. In this case, sales tax will be included in the price of the purchases as deemed necessary by us. Pricing can be adjusted at any time for any reason. All payments shall be in US dollars.
You undertake to make payment for the charges at the current prevailing rates for the products you order and any applicable delivery costs and you hereby confirm that we may charge your chosen payment method at the time that you place your order. It is our policy to adjust any error or mistake in the price of products even if we have demanded or received payment therefor.
We also have the right to cancel an order placed through the Services. We may, in our sole discretion, limit or cancel quantities purchased per person, per household, or per order. Such restrictions may include orders made by the same customer account, by using the same payment method, or orders with the same billing or shipping address. We also reserve the right to cancel orders that we feel are placed by dealers, resellers, or distributors.
REFUNDS POLICY
There are no cancellations and no money back guarantee on any of the products sold.
PROHIBITED ACTIVITIES
You may not use, or allow others to use the Services in a manner that is inconsistent with the purpose for which the Services are being provided. The Services may not be used in connection with any commercial purposes unless stated otherwise and permitted by us.
As a user of the Services, you agree not to:
- Download, store, reproduce, alter, publicly perform or display, or otherwise use any part of the Services in order to compile, directly or indirectly, a list of users or other data collected from or through the Services without our prior express written consent.
- Deceive us and other users, especially in any effort to obtain personal account information such as user passwords.
- Bypass, inactivate or otherwise impair the functionalities of security features of the Services, which include features that limit the use or copying of any Content or prevent or restrict the use of the Services and/or the Content included therein.
- Defame, malign or otherwise damage in our view, us and/or the Services.
- Employ any of the information gained from the Services to threaten, intimidate or harm any other person.
- Abuse our support services or report a false case of abuse or misconduct.
- The Services should not be used in a way that is prohibited by the laws or regulations of the country in which you are located.
- Link to or frame the Services without the prior written consent of the Company.
- Post or send (or attempt to post or to send) viruses, Trojan horses, or other materials, including frequent use of capital letters and ‘spamming’ (the continued posting of messages containing the same text), that may interfere with the use and enjoyment of the Services by any other party or which may affect the use, characteristics, functions, operation, or maintenance of the Services.
- Post comments or messages to the site or submit material for posting through any means other than the designated interface, or use any method that involves more than one account, including but not limited to ‘bots’, ‘spiders’, ‘scrapers’, or ‘crawlers’.
- Remove the copyright or other proprietary rights notice from any Content.
- To pretend to be someone else or use the username of another person.
Post, display, disseminate, publish, transmit (or attempt to post, display, disseminate, publish or transmit) any material that is a passive or active collection or transmission mechanism, including without limitation, clear graphics interchange formats (‘gifs’), 1×1 pixels, web bugs, cookies, or other similar devices (sometimes referred to as ‘spyware’ or ‘passive collection mechanisms’ or ‘pcms’). - Cause harm, detriment or undue inconvenience to the Services or the networks or services linked to the Services.
- Harass, annoy, intimidate or threaten any of our employees or agents involved in delivering any part of the Services to you.
- Try to circumvent any barriers that the Services have in place to deny or limit access to the Services, or any part of the Services.
- Download or modify the Services’ software, including but not limited to Flash, PHP, HTML, JavaScript, or other code.
Subject to the terms of applicable law, you will not attempt to alter, modify, adapt, or translate any of the software that forms part of or is used in connection with any of the Services.
Other than as may be the case in the normal course of using a search engine or an Internet browser, engage in any use, launch, develop or distribute any robotic system, including but not limited to any spider, robot or cheat utility, scraper or offline reader that accesses the Services or use or launch any unauthorised script or software.
A buying agent or purchasing agent should be used to make purchases on the Services.
Attempt to gain unauthorized access to the Services or any account or password, or collect or harvest any user’s usernames and/or email addresses by electronic or other means for the purpose of sending unsolicited email or creating accounts under false pretenses.
Utilize the Services in connection with any attempt to challenge or otherwise compete with us or in connection with any revenue generating venture or commercial enterprise that utilizes the Services and/or the Content.
USER GENERATED CONTRIBUTIONS
The Services does not allow users to upload or share content. We may allow you to create, upload, submit, post, display, distribute, transmit, perform or publish content and materials to us or on the Services, including, without limitation, text, writings, video, audio, photographs, graphics, comments, suggestions, or personal information or other material (collectively, ‘Contributions’). The contributions may be seen by other users of the Services and through third-party websites. Therefore, any Contributions you transmit may be treated in accordance with the Services’ Privacy Policy. When you create or make available any Contributions, you thereby represent and warrant that:
- You represent that the creation, distribution, transmission, public display, or performance, and the accessing,
- Downloading, or copying of your Contributions will not infringe the proprietary rights, including but not limited to the copyright, patent, trademark, trade secret, or moral rights of any third party.
- You have the necessary licences, rights, consents, releases, and permissions to use and to authorise us, the Services, and other users of the Services to use your Contributions in any manner contemplated by the Services and these Legal Terms.
- Each of the identifiable individual persons whose name or likeness is used in your Contributions has provided their written consent, release, and/or permission to use such name or likeness to facilitate the inclusion and use of your Contributions in any manner as contemplated by the Services and these Legal Terms.
- Your Contributions are not false, inaccurate or misleading.
- Your Contributions are not advertisements or solicitations of business, chain letters, pyramid schemes, or other similar communications.
- Your Contributions are not obscene, lewd, lascivious, filthy, violent, harassing, libellous, slanderous or otherwise unlawful (as determined by us).
- Your Contributions do not make fun of, scorn, insult, threaten, or harass anyone.
- Your Contributions are not used to bully or threaten (as defined legally) any other individual and to incite violence against a particular individual or group of individuals.
- Your Contributions are not unlawful or in violation of any law, regulation or rule.
- Your Contributions also do not infringe on the rights of privacy or publicity of any third party.
- Your Contributions are not prohibited by any law that relates to child sexual abuse material or that otherwise seeks to protect the welfare of children.
- Your Contributions do not contain any obscene remarks that can be associated with race, nationality, sex, sexual preference, or disability.
- You warrant that the making of your Contributions, including using or distributing or transmitting or displaying or performing your Contributions or accessing, downloading or copying of your Contributions will not infringe any proprietary rights including but not limited to the copyright, patent, trademark, trade secret or moral right of any person.
- You have all the licences, rights, consents, releases and permissions necessary to use and to allow us, the Services and other users of the Services to use your Contributions in the manner contemplated by the Services and these Legal Terms.
- Every single natural person whose photograph or likeness is used in your Contributions has expressly agreed to the use of his/her name or photograph for the purpose of using your Contributions in any way as contemplated by the Services and these Legal Terms.
CONTRIBUTION LICENCE
You and Services agree that we may collect, store, process, and use any information and personal data you provide under the terms of the Privacy Policy and your preferences (settings).
Any ideas or other comments that you provide to us concerning the Services shall be deemed to be non-confidential and you hereby grant to us an irrevocable, perpetual, worldwide, royalty-free license to use and exploit such feedback for any purpose we deem fit without any obligation to pay you any sums of money for the same.
We do not own any rights to your Contributions. You will retain ownership of all of your Contributions and all intellectual property rights or other proprietary rights in your Contributions. We are not responsible for any statements or representations in your Contributions made by you in any areas of the Services. You are solely responsible for your Contributions to the Services and you hereby agree to indemnify us and not to take any legal action against us with respect to your Contributions.
GUIDELINES FOR REVIEWS
We may offer you spaces on the Services to post comments or give a rating. When posting a review, you must comply with the following criteria: These restrictions include: (1) you should have firsthand experience with the person/entity being reviewed; (2) your reviews should not contain offensive profanity, or abusive, racist, offensive, or hateful language; (3) your reviews should not contain discriminatory references based on religion, race, gender, national origin, age, marital status, sexual orientation, or disability; (4) your reviews should not contain references to illegal activity; (5)
We may accept, reject or remove reviews in our sole discretion. We have absolutely no obligation to screen reviews or delete reviews, even if someone thinks reviews are objectionable or inaccurate. We do not endorse reviews and they do not necessarily reflect our opinions or the views of any of our affiliates or partners. We do not assume liability for any review or for any claims, liabilities or losses arising from any review. You hereby grant to us a perpetual, nonexclusive, worldwide, royalty free, fully paid, assignable and sublicensable right and license to reproduce, modify, translate, transmit by any means, display, perform and/or distribute all content relating to review.
THIRD PARTY WEBSITES AND CONTENT
The Services may include (or you may be sent via the Site) links to, or articles, photographs, text, graphics, pictures, designs, music, sound, video, information, applications, software and other content or items belonging to or originating from third parties (‘Third Party Content’). We are not responsible for Third-Party Websites or Third-Party Content that may be accessed through the Services or for any Third-Party Websites or Third-Party Content posted on, available through, or installed from the Services, including the content, accuracy, offensiveness, opinions, reliability, privacy practices or other policies of or contained in the Third-Party Websites or Third-Party Content. We do not include, link to, or permit the use or installation of any Third Party Websites or any Third Party Content, and such inclusion, linking to, or permitting the use or installation of any Third Party Websites or any Third Party Content does not constitute our approval or endorsement of such Third Party Websites or any Third Party Content. If you choose to leave the Services and go to the Third Party Websites or to use or install any Third Party Content, you do so at your own risk, and these Legal Terms no longer apply. Any website you visit from the Services or any application you use or install from the Services may have its own terms of use and privacy and data gathering practices, and you should review those before using or installing any such application. We are not responsible for any purchases you make through Third Party Websites and any such purchases will be made with other websites and other companies and not with us. You understand and agree that we do not endorse the products or services offered on Third Party Websites and that you will not hold us responsible for any harm arising from your purchase of such products or services. Furthermore, you will indemnify us from any losses you may suffer or any harm you may suffer as a result of or in connection with any Third Party Content or any contact you have with Third Party Websites.
SERVICES MANAGEMENT
We reserve the right, but not the obligation, to: We may monitor the Services for violations of these Legal Terms and take appropriate legal action against anyone, in our sole discretion, who, in our sole discretion, violates the law or these Legal Terms, including without limitation, reporting such user to law enforcement authorities; (2) in our sole discretion and without limitation, refuse, restrict access to, limit the availability of, or
PRIVACY POLICY
Data privacy and security is important to us. Please review our Privacy Policy: Zebnex.com/privacy-and-policy. The Services are subject to our Privacy Policy, and by using the Services, you agree to be bound by it. Note that the Services are hosted in the United States. By accessing or using the Services from any region other than the United States, you are transferring your data to the United States and you expressly consent to the transfer of your data to the United States for processing and storage there under these Terms.
TERM AND TERMINATION
The Services are subject to these Legal Terms while you use the Services. WITHOUT LIMITING IN ANY WAY THE OTHER PROVISIONS OF THESE LEGAL TERMS, WE RESERVE THE RIGHT, IN OUR SOLE DISCRETION AND WITHOUT NOTICE OR LIABILITY, TO, AT ANY TIME AND FOR ANY REASON OR FOR NO REASON, DENY ACCESS TO AND THE USE OF THE SERVICES (INCLUDING BLOCKING CERTAIN IP ADDRESSES), TO ANY PERSON. WE MAY TERMINATE YOUR USE OR PARTICIPATION IN THE SERVICES OR DELETE YOUR ACCOUNT AND ANY CONTENT OR INFORMATION THAT YOU POST AT ANY TIME, AT OUR SOLE DISCRETION.
You are prohibited from registering and creating a new account under your name, or the name of any third party, even if you may be acting on behalf of the third party, if we terminate or suspend your account for any reason. We also reserve the right to terminate or suspend your account, and to take appropriate legal action, including, without limitation, pursuing civil, criminal and injunctive redress.
MODIFICATIONS AND INTERRUPTIONS
We reserve the right, at our sole discretion, to change, modify, or remove any portion of the Services in whole or in part, at any time for any reason. We have no obligation to update any information on our Services. We also reserve the right to change or discontinue all or part of the Services at any time. We will not be responsible to you or any third party for any modification, price change, suspension or discontinuance of the Services.
We do not guarantee that the Services will be available at all times. The Services may be interrupted, delayed, or contain errors, and we may experience hardware, software, or other problems. We may change, revise, update, suspend, discontinue, or otherwise modify the Services, in our sole discretion and without notice to you. You acknowledge and agree that we have no liability whatsoever for any loss or damage of any kind incurred as a result of, relating to, or arising from your inability to access or use the Services during any downtime or discontinuance of the Services. These Legal Terms shall not be construed as obliging us to maintain and support the Services or to supply any corrections, updates or releases in connection therewith.
GOVERNING LAW
The laws of India shall govern and define these Legal Terms. You and GameStreet Enterprises irrevocably consent to the exclusive jurisdiction of the courts of India in connection with any dispute arising in connection with these Legal Terms.
DISPUTE RESOLUTION
Binding Arbitration
Any dispute relating to these Legal Terms, including any question regarding its existence, validity or termination, shall be submitted to and finally resolved by the International Commercial Arbitration Court under the European Arbitration Chamber (Belgium, Brussels, Avenue Louise, 146), in accordance with the Rules of this ICAC, and the latter shall be considered as a part of this clause.
Restrictions
The Parties agree that any arbitration shall be limited to the Dispute between the Parties individually and shall not involve any claims by or against other entities or the right or ability of others to enforce such arbitration. (a) No arbitration shall be joined with any other proceeding; (b) you may not bring a Dispute as a class action, private attorney general, or in a consolidated, representative or collective capacity; and (c) there is no right or authority for any Dispute to be brought in a purported representative capacity as a private attorney general or in a consolidated, representative or collective action.
Exceptions to Informal Negotiations and Arbitration
The Parties agree that the following Disputes are not subject to the above provisions concerning informal negotiations binding arbitration: any Disputes seeking to enforce or protect, or concerning the validity of, any intellectual property rights of a Party; any Disputes related to, or arising from, allegations of theft, piracy, invasion of privacy, or unauthorised use; and any claim for injunctive relief. In the event that any provision of this provision is illegal or unenforceable, neither Party shall be entitled to arbitrate any Dispute relating to that provision, and such Dispute shall be decided by a court of competent jurisdiction within the courts listed for jurisdiction above, and the Parties agree to submit to the personal jurisdiction of that court.
CORRECTIONS
The Services may contain information that is typographical errors, inaccuracies, or omissions, including descriptions, pricing, availability and other information. We may correct any errors, inaccuracies, or omissions and make changes to or update the information on the Services, at any time without prior notice.
DISCLAIMER
THE SERVICES ARE PROVIDED ‘AS IS’ AND ‘AS AVAILABLE.’ BY USING THE SERVICES, YOU AGREE THAT YOU DO SO SOLELY AT YOUR OWN RISK. WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT TO THE FULLEST EXTENT PERMITTED BY LAW IN CONNECTION WITH THE SERVICES AND YOUR USE THEREOF. WE DO NOT WARRANT OR REPRESENT THAT THE CONTENT OR ANY PART THEREOF IS ACCURATE, COMPLETE, RELIABLE, CURRENT, OR ERROR-FREE, OR THAT THE SERVICES OR ANY CONTENT OR ANY PART THEREOF WILL BE FREE OF INFECTION FROM ANY VIRUSES OR SIMILAR CONTAMINANTS OR THAT ACCESS THERETO WILL BE UNINTERRUPTED OR ERROR-FREE. (1) ERRORS, MISTAKES, OR INACCURACIES IN CONTENT AND MATERIALS, (2) PERSONAL INJURY OR PROPERTY DAMAGE OF WE DO NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE SERVICES, ANY HYPERLINKED WEBSITE, OR ANY WEBSITE OR MOBILE APPLICATION FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND ANY THIRD PARTY PROVIDERS OF PRODUCTS OR SERVICES. LIKE ANY PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGEMENT AND EXERCISE CAUTION WHERE APPROPRIATE.
LIMITATIONS OF LIABILITY
NEITHER WE NOR OUR DIRECTORS, EMPLOYEES, OR AGENTS WILL BE LIABLE TO YOU OR TO ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, PUNITIVE, INCIDENTAL, SPECIAL, OR OTHER DAMAGES, INCLUDING, WITHOUT LIMITATION, LOST PROFITS, LOST SAVINGS AND LOST REVENUES, ARISING OUT OF, OR IN CONNECTION WITH, THE SERVICES, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. ANYTHING TO THE CONTRARY CONTAINED HEREIN, OUR LIABILITY TO YOU ON ANY CLAIM ARISING OUT OF OR RELATING TO THESE TERMS OF SERVICE, WHETHER BASED IN CONTRACT, TORT OR ANY OTHER THEORY, WILL AT ALL TIMES BE LIMITED TO THE LESSER OF (A) AMOUNT PAID, IF ANY, BY YOU TO US OR . SOME US STATE LAWS AND INTERNATIONAL LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS.
INDEMNIFICATION
You agree to defend, indemnify, and hold us harmless, including our subsidiaries, affiliates, and all of our respective officers, agents, partners, and employees, from and against any loss, damage, liability, claim, or demand, including reasonable attorneys’ fees and expenses, made by any third party due to or arising out of: (1) use of the Services; (2) breach of these Legal Terms; (3) any breach of your representations and warranties set forth in these Legal Terms; (4) your violation of the rights of a third party, including but not limited to intellectual property rights; or (5) any overt harmful act toward any other user of the Services with whom you connected via the Services. However, we retain the right, at your expense, to assume the exclusive defence and control of any matter for which you are required to indemnify us, and you agree to assist, at your expense, in our defence of such claims. We will use reasonable efforts to notify you of any such claim, action, or proceeding for which we provide indemnification hereunder, as soon as practicable after our knowledge of it.
USER DATA
We will keep some of the data you send to the Services to manage the performance of the Services, and data about your use of the Services. We regularly perform routine backups of data, but you are solely responsible for all data you transmit or that is related to any activity you have undertaken using the Services. You agree that we shall have no liability to you for any loss or corruption of any such data and you hereby waive any right of action against us arising from any such loss or corruption of such data.
TRANSACTIONS, ELECTRONIC COMMUNICATIONS, AND SIGNATURES
Electronic communications include visiting the Services, sending us emails and completing online forms. By using the Services, you consent to receive electronic communications and you agree that all agreements, notices, disclosures, and other communications that we provide to you electronically, via email and on the Services, satisfy any legal requirement that such communications be in writing. By using the Services, YOU AGREE TO THE USE OF ELECTRONIC SIGNATURES, CONTRACTS, ORDERS, AND OTHER RECORDS, AND TO ELECTRONIC DELIVERY OF NOTICES, POLICIES, AND RECORDS OF TRANSACTIONS INITIATED OR COMPLETED BY US OR VIA THE SERVICES. You hereby waive any rights or requirements under any statutes, regulations, rules, ordinances, or other laws in any jurisdiction which require an original signature or delivery or retention of non-electronic records, or to payments or the granting of credits by any means other than electronic means.
CALIFORNIA USERS AND RESIDENTS
You may contact the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs in writing at 1625 North Market Blvd., Suite N 112, Sacramento, California 95834 or by telephone at (800) 952-5210 or (916) 445-1254, if any complaint with us is not satisfactorily resolved.
MISCELLANEOUS
Any policies or operating rules posted by us on the Services or in respect to the Services, and these Legal Terms, constitute the entire agreement and understanding between you and us. The failure of either party to exercise or enforce any right or provision of these Legal Terms shall not constitute a waiver of such right or provision. These Legal Terms are to the fullest extent permitted by law. At any time, we may assign any or all of our rights and obligations to others. We shall not be responsible or liable for any loss, damage, delay or failure to act resulting from any cause beyond our reasonable control. Any provision of these Legal Terms, or part of any provision, is declared invalid, void or unenforceable, that provision or part of the provision shall be deemed severable and shall not affect the validity and enforceability of any remaining provisions. These Legal Terms and use of the Services do not create any joint venture, partnership, employment or agency relationship between you and us. You agree that we will not be deemed to have drafted these Legal Terms against you. You hereby waive any and all defences you may have based on the electronic form of these Legal Terms and the lack of signing by the parties hereto to execute these Legal Terms.
CONTACT US
In order to sort out a complaint regarding the Services or to receive further information regarding use of the Services, please contact us at:
Zebnex.com@gmail.com