1 Acceptance of Terms
ZETES may change, modify, add, terminate the access to the Service or remove any portion of these T.O.U. at any time and for any reason, without notice to the Users. The Users’ continued usage of the Service after any changes to these T.O.U. shall be deemed as acceptance of such changes.
2 Use of the Service
Unless explicitly stated otherwise, any new features that augment or enhance the current Service, including the release of new ZETES products or activities, shall be subject to these T.O.U.
ZETES assumes no responsibility for the timeliness, deletion, mis-delivery or failure to store any Users’ communications or personalization settings.
The Users are fully responsible for obtaining access to the Service, and that access may involve third party fees, such as Internet service provider or airtime charges. The Users are responsible for those fees, including those fees associated with the display or delivery of advertisements.
In addition, the Users must provide, and are responsible for all equipment necessary to access the Service.
Except for information, products or services clearly identified as being supplied by ZETES, ZETES does not operate, control or endorse any information, products or services on the Internet in any way.
Such non Zetes-identified information, products, or services may be offered by third parties that are not affiliated with ZETES in which case ZETES does not represent or endorse the accuracy or reliability of any advice, opinion, statement, or other information displayed or distributed.
It is solely the responsibility of the Users to evaluate the accuracy, completeness and usefulness of all opinions, advice, services, merchandise and other information provided through the Service or on the Internet generally.
ZETES reserves the right at any time and for any reason to modify, discontinue, terminate access, impose limits on certain feature or restrict the access (temporarily or permanently) to the Service (or any part thereof), without notice and without any liability.
3 Personal Data
In consideration of the use of the Service on this site, the Users agree to:
(a) provide, when requested or necessary, true, accurate, current and complete information about themselves (such information being the "Registration Data")
(b) maintain and promptly update the Registration Data to keep it true, accurate, current and complete. If a User provides any information that is untrue, inaccurate, not current or incomplete, or ZETES has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, ZETES has the right to suspend or terminate the access of such user and to refuse any and all current or future use of the Service, or any portion thereof.
Registration Data and certain other personal information about the Users are subject to ZETES’ Data Protection Notice.
4 Password, Code and Security
For some purposes of the Service provided by ZETES or via third parties, the Users will receive either a password, an account number and/or a personal identification code.
This may occur upon completing the Registration Data or when the Users order ZETES products.
In such cases, the Users are fully responsible for maintaining the confidentiality of the passwords, accounts numbers or codes they received, and are furthermore responsible for all activities that occur under those passwords, accounts or codes.
The Users agree to:
(a) immediately notify ZETES of any unauthorized use of their passwords, account numbers or codes, or any other breach of security,
(b) ensure that they exit from their passwords, account numbers or codes at the end of each session on this site.
ZETES cannot and will not be liable for any loss or damage arising from any User’s failure to comply with this Section 4.
5 User responsibilities
The Users’ participation in online communications (“the Content”) occurs in real time and is not edited, censored, or otherwise controlled by ZETES. ZETES does not necessarily and is not supposed to control the Content posted via the Service and, as such, does not guarantee the accuracy, integrity or quality of such Content. By using the Service, the Users may be exposed to Content that is offensive, indecent or objectionable. Under no circumstances will ZETES be liable in any way for any Content, including, but not limited to, any errors or omissions in any Content, or 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 Service.
Notwithstanding the foregoing, ZETES reserves the right to monitor content on the Service and to remove content that ZETES, in its sole discretion, determines to be harmful, offensive, or otherwise in violation of law or the terms of these T.O.U.
In order to maintain an informative and valuable service that meets the Service needs of the Users and avoids harm that can result from disseminating statements that are false, malicious, violate rights of others, or otherwise harmful, it is necessary to establish the following rules to protect against abuse.
Accordingly, the Users shall not upload, post, transmit, distribute or otherwise publish through the Service any materials that:
(a) restrict or inhibit any other user from using and enjoying the Service;
(b) are unlawful, threatening, abusive, libellous, defamatory, obscene, vulgar, offensive, pornographic, profane, sexually explicit or indecent;
(c) constitute or encourage conduct that would constitute a criminal offence, give rise to civil liability or otherwise violate law;
(d) violate, plagiarize or infringe the rights of third parties including, without limitation, copyright, trademark, patent, rights of privacy or publicity or any other proprietary right;
(e) contain a virus or other harmful component;
(f) constitute or contain false or misleading indications of origin or statements of fact.
All information, data, text, software, music, sound, photographs, graphics, video, messages or other materials ("Content"), whether publicly posted or privately transmitted, are the sole responsibility of the person from which such Content originated.
This means that the Users of this Website are entirely responsible for all Content they upload, post, email, transmit or otherwise make available via the Service.
The Users acknowledge and agree that ZETES or its designees may preserve Content and may also disclose Content if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to:
(a) comply with legal process;
(b) enforce the T.O.U.;
(c) respond to claims that any Content violates the rights of third parties; or
(d) protect the rights, property, or personal safety of ZETES, the Users of this site and the public.
The technical processing and transmission of the Service, including the Content and the Registration Data personal to each User, may involve:
(a) transmissions over various networks;
(b) changes to conform and adapt to technical requirements of connecting networks or devices.
The Users of the site agree to comply with all international and local rules regarding online conduct and acceptable Content.
Certain areas within the Service allow for the exchange of information between the Users, ZETES and other parties.
Any submission of content by the Users becomes the property of ZETES, and the Users expressly grant to ZETES the authority and right to use such submission.
Further, the Users agree to grant to ZETES a non-exclusive, royalty-free, worldwide, perpetual license, with the right to sublicense, reproduce, distribute, transmit, create derivative works of, publicly display and publicly perform any materials and other information (including, without limitation, ideas contained therein for new or improved products and services) the Users submit to public areas of the Service (such as bulletin boards, forums and newsgroups) by all means and in any media format.
The Users also grant to ZETES the right to use their names in connection with the submitted materials and other information as well as in connection with all advertising, marketing and promotional material related thereto. The Users agree that they shall have no recourse against ZETES for any alleged or actual infringement or misappropriation of any proprietary right in their communications to ZETES. They acknowledge that transmission to and from the Service is not confidential and their transmissions may be read or intercepted by others. The Users acknowledge that by making submissions to the Service, no confidential, fiduciary, contractually implied or other relationship is created between you and ZETES other than pursuant to these T.O.U.
The Users agree to indemnify and hold ZETES, and its subsidiaries, affiliates, officers, directors, agents, employees, information providers, licensors and licensees (collectively, the “Indemnified Parties”), harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of Content the Users submit, post, transmit or make available through the Service, their use of the Service, their connection to the Service, their violation of the T.O.U. or violation of any rights of another.
The Users shall cooperate as fully as reasonably required in the defence of any claim. ZETES reserves the right, at its own expense, to assume the exclusive defence and control of any matter otherwise subject to indemnification by the Users.
The Users shall not in any event settle any matter without the written consent of ZETES.
Each of the Indemnified Parties shall have the right to assert and enforce these provisions directly against the Users on its own behalf.
8 No resale of Service
The Users agree not to reproduce, duplicate, copy, sell, resell or exploit for any commercial purposes, any portion of the Service, use of the Service, or access to the Service.
The Users may use, copy and print information on the ZETES web site solely for their own or their organization's internal, non-commercial purposes. Except as stated above, the Users may not use, copy, sell, lease, transfer, distribute, publish, post, alter or modify any such information. Except as specifically provided in these T.O.U. or elsewhere on the ZETES website, nothing on the ZETES website shall be construed as an offer or as conferring or granting any license or right to the Users.
9 General practices regarding use and storage
ZETES may establish and change at any time, without notice, general practices and limits concerning use of the Service, including without limitation the maximum number of days that communications or other uploaded Content will be retained by the Service, the maximum number and size of communications that may be sent from or received by an account on the Service, the maximum disk space that will be allotted on ZETES’ servers on behalf of each of the Users, and the maximum number of times (and the maximum duration for which) the Users may access the Service in a given period of time.
ZETES has no responsibility or liability for the deletion or failure to store any messages and other communications or other Content maintained or transmitted by the Service.
10 Intellectual Property Rights
The names and logos of ZETES, as well as the names and logos of affiliated or related companies, and all images, texts, programs and other materials and content (collectively, the “Content”) that appear in this Site are protected by national and international intellectual property rights, including but not limited to trademark, copyright, design, trade secrets and patent law. All intellectual property rights on this Site and to the Content belongs to Zetes. The Users of this Site acknowledge and agree that the Service provided may contain confidential information, that is protected by applicable intellectual property and other laws. The Users agree not to access the Service by any means other than through the interface that is provided by Zetes itself or other authorised linked websites for use in accessing the Service. Any commercial use of the Content is strictly prohibited, without the express written consent of ZETES.
Although ZETES uses its best effort to include in this Site information that it believes is up-to-date and accurate, ZETES makes no representation or warranty as to the adequacy, accuracy, completeness or correctness of such information nor does it warrant or represent that the site shall be complete in every respect.
ZETES shall have no liability resulting from the use of the information herein provided nor shall it have any liability for the absence of any specific information on this Site.
The Users of this Site expressly understand and agree that:
The use of the Service is at the Users’ sole risk. The Service is provided on an “AS IS” and “As available” basis.
ZETES expressly disclaims all warranties of any kind, whether express or implied, including, but not limited to the implied warranties of merchantability, fitness for a particular purpose and non-infringement.
ZETES makes no warranty that : (i) the Service will meet the Users’ requirements; (ii) the Service will be uninterrupted, timely, secure, or error-free; (iii) the results that may be obtained from the use of the Service will be accurate or reliable; (iv) the quality of any products, services, information, or other material purchased or obtained by the Users through the Service will meet their expectations; (v) any errors any software provided will be corrected.
Any material downloaded or otherwise obtained through the use of the Service is done at the Users’ own discretion and risk, and that the Users will be solely responsible for any damage to their computer systems or loss of data that results from the download of any such material.
No advice or information, whether oral or written, obtained by the Users from ZETES or through or from the service shall create any warranty not expressly stated on this Site.
12 Limitation of liability
To the extent allowed by applicable laws, the Users expressly understand and agree that ZETES shall not be liable for any direct, indirect, incidental, special, consequential or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses (even if ZETES has been advised of the possibility of such damages), incurred by the Users or any third party, whether in an action in contract or tort, arising from their access to, or use of this Site or any hyperlinked Web site, resulting from:
The use or the inability to use the Service;
The cost of procurement of substitute goods and services resulting from any goods, data, information or services purchased or obtained or messages received, or transactions entered into through or from the Service;
Unauthorized access to or alteration of the Users’ transmissions or data;
Statements or conduct of any third party on the Service;
Any other matter relating to the Service.
13 Dealings with advertisers
The Users’ correspondence or business dealings with, or participation in promotions of, advertisers found on or through the Service, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between the Users and such advertiser.
ZETES shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the
presence of such advertisers on the Service.
The Service may provide, or third parties may provide, links to other World Wide Web sites or resources.
Because ZETES has no control over such sites and resources, the Users agree that ZETES is not responsible for the availability of such external sites or resources and does not endorse and is not responsible or liable for any Content, advertising, products, or other materials on or available from such sites or resources.
ZETES shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such Content, goods or services available on or through any such site or resource.
Notices to the Users of the Website shall be made via either email or regular mail in accordance with Zetes’ Data Protection Notice.
The Service may also provide notices of changes to the T.O.U. or other matters by displaying notices or links to notices to the Users generally on the Service.
16 General Information
The T.O.U. constitute the entire agreement between the Users and ZETES and govern their use of the Service, superceeding any prior agreements between the Users and ZETES.
The Users may be subject to additional terms and conditions that may apply when they use affiliate services, third-party content or third-party software.
The T.O.U. and the relationship between the Users and ZETES shall be governed by the laws of Belgium without regard to its conflict of law provisions.
The Users and ZETES agree to submit to the personal and exclusive jurisdiction of the courts located within the place where the registered offices of ZETES are located.
The failure of ZETES to exercise or enforce any right or provision of the T.O.U. shall not constitute a waiver of such right or provision.
If any provision of these T.O.U. is found by a court of competent jurisdiction to be invalid, Users shall agree that the court should endeavour to give effect to the parties' intentions as reflected in the provision, and the other provisions of the T.O.U. remain in full force and effect.
The Users agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Service or the T.O.U. must be filed within one (1) year after such claim or cause of action arose or be forever barred.