Terms of Use
1. Your Acceptance
BY USING and/or VISITING this site and all Content available through use of the zananetwork.com domain name (collectively, "ZANA Network Website", or "Website"), YOU AGREE TO AND ACKNOWLEDGE YOUR AGREEMENT TO BOTH THE FOLLOWING TERMS AND CONDITIONS (the "Terms of Service") AND THE TERMS AND CONDITIONS OF ZANA NETWORK'S PRIVACY NOTICE. The terms and conditions of the Privacy Notice are published at http://www.zananetwork.com/privacy, and are incorporated herein by reference. If you do not agree to any of the terms or conditions in the Terms of Use or Privacy Notice, then you are not authorized to use the ZANA Network Website or to access any Content thereon.
2. ZANA Network Website
These Terms of Service apply to and are binding on all users of the ZANA Network Website, including users who are also contributors of content, information, and other materials or services on the Website. The ZANA Network Website may contain links to third party websites that are not owned or controlled by ZANA Network. ZANA Network has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party websites. Therefore ZANA Network will not and cannot censor or edit the content of any third-party website. By using the Website, you expressly release ZANA Network from any and all liability arising from your use of any third-party website. These Terms of Service and the Privacy Notice are not applicable to any third party website, regardless of whether the ZANA Network Website contains links to those sites, and you should read the terms and conditions and privacy policies of any third party website that you visit.
3. Website Access
A. ZANA Network hereby grants you permission to use the Website as set forth in this Terms of Service, provided that: (i) you will not copy or distribute any part of the Website in or on any medium or in any other manner without ZANA Network's prior written authorization; (ii) you will not alter or modify any part of the Website other than as may be reasonably necessary to use the Website for its intended purpose and in the manner allowed for the uploading of information and data in accordance with the Website’s intended purpose; and (iii) you will otherwise comply with the terms and conditions of these Terms of Service.
B. You must create an account in order to access some of the features of ZANA Network. You may not allow others to use your account or use any other person’s account, with or without permission from that user. Your information must be accurate and complete when creating your account. You are solely responsible for the activity that occurs on your account, and you must keep your account password secure. You agree to notify ZANA Network immediately of any breach of security or unauthorized use of your account. You further agree that ZANA Network is not responsible for any losses, cost, or expense incurred by you or others as a result of any unauthorized use of your account.
C. You agree not to use, launch, or allow the use of any automated system, including without limitation, "robots," "spiders," "offline readers," or any other program(s) that accesses the Website other than what is included in a conventional on-line web browser used for direct human interaction with the Website. Notwithstanding the foregoing, ZANA Network 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. ZANA Network reserves the right to revoke this exception either generally or in specific cases, with or without prior notice or consent. You agree not to collect or harvest any personally identifiable information from the Website, including but not limited to names, addresses, account names, and email addresses. You further agree not to use the communication systems provided by the Website for any commercial solicitation purposes or to solicit, for commercial purposes, any users of the Website with respect to their User Submissions.
4. Intellectual Property Rights
The content on the ZANA Network Website, except all User Submissions (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 ZANA Network and protected by copyright and other intellectual property laws under United States and foreign laws and international conventions. 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, broadcast, displayed, sold, licensed, or otherwise disseminated, used, or exploited for any other purposes whatsoever without the prior written consent of the respective owners. ZANA Network reserves all rights not expressly granted in and to the Website and the Content. You agree to not engage in the use, copying, or distribution of any of the Content other than expressly permitted herein, or to use, copy, or distribute any User Submissions of third parties obtained through the Website for any commercial purposes without the express, written permission of the third party. If you download or print a copy of the Content for personal use, you must retain all copyright and other proprietary notices contained therein. You agree not to circumvent, disable or otherwise interfere with security related features of the ZANA Network Website or features that prevent or restrict use or copying of any Content or that are intended to enforce limitations on use of the ZANA Network Website or the Content.
5. User Submissions
A. The ZANA Network Website may now or in the future permit the submission of text or other communications submitted by you and other users ("User Submissions") and the hosting, sharing, and/or publishing of such User Submissions. You understand that whether or not such User Submissions are published, ZANA Network does not guarantee any confidentiality with respect to any submissions.
B. You shall be solely responsible for your own User Submissions and the consequences of posting or publishing them. In connection with User Submissions, you represent and warrant that: (i) you own or have the necessary licenses, rights, consents, and permissions to use and authorize ZANA Network to use all patent, trademark, trade secret, copyright or other proprietary rights in and to any and all User Submissions to enable inclusion and use of the User Submissions in the manner contemplated by the Website and these Terms of Service; and (ii) you have the written consent, release, and/or permission of each and every identifiable individual person in the User Submission to use the name or likeness of each and every such identifiable individual person to enable inclusion and use of the User Submissions in the manner contemplated by the Website and these Terms of Service and that the use of that information is fully authorized by law. You retain all of your ownership rights in your User Submissions. By submitting the User Submissions to ZANA Network, you hereby grant ZANA Network a worldwide, non-exclusive, royalty-free, sub-licensable and transferable license to use, reproduce, distribute, prepare derivative works of, display, and perform the User Submissions in connection with the ZANA Network Website and ZANA Network's (and its successor's) business, including without limitation for promoting and redistributing part or all of the ZANA Network Website (and derivative works thereof) in any formats and through any channels. You also hereby grant each user of the ZANA Network Website a non-exclusive license to access your User Submissions through the Website, and to use, reproduce, distribute, prepare derivative works of, display and perform such User Submissions as permitted through the functionality of the Website and under these Terms of Service.
C. In connection with User Submissions, 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 ZANA Network all of the license rights granted herein; (ii) publish falsehoods or misrepresentations that could damage ZANA Network 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. ZANA Network does not endorse any User Submission or any opinion, recommendation, or advice expressed therein, and ZANA Network expressly disclaims any and all liability in connection with User Submissions. ZANA Network does not permit copyright infringing activities and infringement of intellectual property rights on its Website, and ZANA Network will remove all Content and User Submissions if properly notified that such Content or User Submission infringes on another's intellectual property rights. ZANA Network reserves the right to remove Content and User Submissions without prior notice. ZANA Network will also terminate a User's access to its Website if the User is determined to be a repeat infringer. A repeat infringer is a User who has been notified of infringing activity more than once and/or has had a User Submission removed from the Website more than once. ZANA Network also reserves the right to decide at its sole discretion whether a User Submission is appropriate and complies with these Terms of Service 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. ZANA Network may remove such User Submissions and/or terminate a User's access for uploading such material in violation of these Terms of Service at any time, without prior notice and at its sole discretion.
D. If you are a copyright owner or an agent thereof and believe that any User Submission or other content infringes upon your copyrights, you may submit a notification pursuant to the Digital Millennium Copyright Act ("DMCA") by providing our Copyright Agent with the following information in writing (see 17 U.S.C 512(c)(3) for further detail):
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; and
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.
ZANA Network's designated Copyright Agent to receive notifications of claimed infringement is: Studio Center, 23801 Industrial Park Dr., C-Building Suite 220, Farmington Hills, MI 48335, email: info@zananetwork.com, telephone: 248-477-5431. For clarity, only DMCA notices should go to the Copyright Agent; any other feedback, comments, requests for technical support, and other communications should be directed to ZANA Network customer service at info@zananetwork.com. You acknowledge that if you fail to comply with all of the requirements of this Section 5(D), your DMCA notice may not be valid.
E. You understand that when using the ZANA Network Website, you will be exposed to User Submissions from a variety of sources, and that ZANA Network is not responsible for the accuracy, usefulness, safety, or intellectual property rights of or relating to such User Submissions. You further understand and acknowledge that you may be exposed to User Submissions 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 ZANA Network with respect thereto, and agree to indemnify and hold ZANA Network, 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.
F. You and each user on the ZANA Network agrees that he/she will not post any content or items in an inappropriate category or area of the website. Users are not allowed to interfere with any other users’ information that is posted on the ZANA Network. This includes manipulating a rating that a company receives on our system based on past user surveys. Infractions on these agreements could/will result in expulsion off of the website and will forfeiture all payments to ZANA Network.
G. Only Users are aware of their own particular circumstances and requirements, and accordingly only they can agree terms suitable for their needs and circumstances. ZANA Network does not accept any responsibility or liability for any agreement between Users. If Users have any concerns or doubts about, or does not fully understand, any term of any agreement or proposed agreement between himself or herself and another User, that User should seek professional legal advice about such agreement or proposed agreement. ZANA Network does not and does not purport to monitor any agreements between Users.
H. A User taking advantage of the “Business Opportunities” available on ZANA Network agrees that he/she will assume full responsibility for all business relationships obtained via the ZANA Network. ZANA Network is a vehicle for enabling its Users to buy or sell products and/or services, but all relationships and resulting terms and conditions of any agreements, contracts or purchases between ZANA Network members are the responsibility of each User. As in point “G” above, only Users are aware of their own particular circumstances and requirements, and accordingly only they can agree terms suitable for their needs and circumstances. ZANA Network does not accept any responsibility or liability for any agreement between Users. If a User has any concerns or doubts about, or does not fully understand, any term of any agreement or proposed agreement between himself or herself and another User, that User should seek professional legal advice about such agreement or proposed agreement.
I. A User taking advantage of the “Member Services” available on ZANA Network agrees that he/she will assume full responsibility for all purchases and agreements made with the individual service provider obtained via the ZANA Network. ZANA Network is a vehicle for enabling its Users to buy or sell products and/or services, but all relationships and resulting terms and conditions of any agreements, contracts or purchases between ZANA Network Users are the responsibility of each User. As in point “G” above, only Users are aware of their own particular circumstances and requirements, and accordingly only they can agree terms suitable for their needs and circumstances. ZANA Network does not accept any responsibility or liability for any agreement between Users and individual service or goods providers. If a User has any concerns or doubts about, or does not fully understand, any term of any agreement or proposed agreement between himself or herself and an individual service or goods provider, he or she should seek professional legal advice about such agreement or proposed agreement.
6. Warranty Disclaimer
YOU AGREE THAT YOUR USE OF THE ZANA NETWORK WEBSITE SHALL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, ZANA NETWORK, ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE WEBSITE AND YOUR USE THEREOF, INCLUDING WITHOUT LIMITATION THE IMPLIED WARRANTIES OF MERCHANTIBILITY AND FITNESS FOR A PARTICULAR PURPOSE. ZANA NETWORK MAKES NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THE WEBSITE'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 OR DAMAGES, 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 OMISSIONS IN 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 ZANA NETWORK WEBSITE. ZANA NETWORK DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE ZANA NETWORK WEBSITE OR ANY HYPERLINKED WEBSITE OR FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND ZANA NETWORK 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.
7. Limitation of Liability
IN NO EVENT SHALL ZANA NETWORK, ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS, BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER RESULTING FROM (I) YOUR USE OF THE WEBSITE; (II) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (III) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR WEBSITE, (IV) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (V) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR WEBSITE, (VI) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH OUR WEBSITE BY ANY USER OR THIRD PARTY, AND/OR (VII) 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 ZANA NETWORK WEBSITE, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT THE COMPANY IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOU FURTHER SPECIFICALLY ACKNOWLEDGE THAT ZANA NETWORK SHALL NOT BE LIABLE FOR USER SUBMISSIONS OR DEFAMATORY, OFFENSIVE, UNLAWFUL, OR ILLEGAL CONDUCT OF ANY THIRD PARTY AND THAT THE RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH YOU.
8. Indemnity
You agree to defend, indemnify, and hold harmless ZANA Network, its parent corporation, 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 ZANA Network Website; (ii) your violation of any term of these Terms of Service; (iii) your violation of any third party right, including without limitation any copyright, property, or privacy right; or (iv) any claim that one of your User Submissions caused damage to a third party. This defense and indemnification obligation will survive these Terms of Service and your use of the ZANA Network Website.
9. Ability to Accept Terms of Service
You must be 18 years of age or older to use the ZANA Network website.
10. Assignment
These Terms of Service, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by ZANA Network without restriction.
11. General
You agree that: (i) the ZANA Network shall be deemed solely based in Michigan; and (ii) the ZANA Network Website shall be deemed a passive website that does not give rise to personal jurisdiction over ZANA Network, either specific or general, in jurisdictions other than the State of Michigan. These Terms of Service and all disputes arising from or related to the ZANA Network Website or its use shall be governed by the internal substantive laws of the State of Michigan, without respect to its conflict of laws principles. Any claim or dispute between you and ZANA Network that arises from or in any way relates to, in whole or in part, the ZANA Network Website or its use shall be decided exclusively by a court of competent jurisdiction located in Oakland County, Michigan, or the United States District Court, Eastern District of Michigan. You hereby irrevocably waive any and all objections to venue in those courts. These Terms of Service, together with the Privacy Notice at http://www.zananetwork.com/privacy and any other legal notices published by ZANA Network on the Website, shall constitute the entire agreement between you and ZANA Network concerning the ZANA Network Website and its use, as now existing or hereafter amended in accordance with these Terms of Service. If any provision of these Terms of Service is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms of Service, which shall remain in full force and effect. No waiver of any term of this these Terms of Service shall be deemed a further or continuing waiver of such term or any other term, and ZANA Network's failure to assert any right or provision under these Terms of Service shall not constitute a waiver of such right or provision. ZANA Network reserves the right to amend these Terms of Service at any time and without notice, and it is your responsibility to review these Terms of Service for any changes. Your use of the ZANA Network Website following any amendment of these Terms of Service will signify your assent to and acceptance of its revised terms. YOU AND ZANA NETWORK AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE ZANA NETWORK WEBSITE OR ITS USE MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.
12. Subscriber Agreement
A. You agree to pay all fees and charges incurred in connection with your user name and password at the rates in effect when the charges were incurred. The ZANA Network will bill all fees and charges (including any applicable taxes) you incur automatically to your credit card on a monthly basis except for annual subscriptions that have been pre-paid by you by check or cash. ZANA Network may change the fees and charges then in effect, or add new fees or charges, by giving you advance notice by posting the rate and fee changes on the ZANA Network Website. Your continued use of the ZANA Network Website after the posting of the fee and rate changes will constitute your agreement to pay the fees and charges as posted.
You or ZANA Network may terminate your fee paid subscription at any time. If you terminate your subscription prior to the end of the annual period for which you have already paid a subscription fee (by check or cash), a pro rata portion of the fee paid which relates to the number of full months remaining in the period will be refunded to you by check, not exceeding your full payment amount minus a $40 minimum usage fee. If ZANA Network terminates your subscription prior to the end of the annual period for which you have already paid a subscription fee, a pro rata portion of the fee paid which relates to the number of full months remaining in the period will be refunded to you.
You agree that you will notify ZANA Network in writing of any dispute or disagreement you may have with the fees and charges that have been charged to you within forty-five days of the date of those charges or of the date that those charges have been incurred automatically to your credit card. You further agree that ZANA Network will have a thirty (30) day period after receiving your written notification to determine whether the fees and charges were appropriate and in accordance with this Agreement. During that period of time, you will not be required to pay any charges or fees in dispute. This provision only applies to fees and charges in dispute, and you agree to timely pay that portion of the fees and charges that are not in dispute.
13. Termination
Either you or ZANA Network may terminate your use and license to use the ZANA Network Website at any time and for any reason, with or without prior notice.
14. Changes to Services, Allowed Use, and Term of Use
ZANA Network may change the Website, including the Content, allowance and scope of User Submissions, and any other feature or services offered, at any time and without consent or prior notice. ZANA Network also may change the allowable amount, frequency, or scope of User access at any time, without consent or prior notice.
ZANA Network also reserves the right to change the terms and conditions set forth in this Terms of Use and the Privacy Policy at any time after the posting of the revised Terms of Use and/or Privacy Notice on the ZANA Network Website. When the terms are changed, ZANA Network will notify you by posting a notice in zananetwork.com, and the changes will appear in this document. By using zananetwork.com after any change is posted, you agree to be bound by all of the amended Terms of Service and/or Privacy Notice.