(Z)iprights Terms of Service
These terms and all policies posted on our site set out the terms whereby we offer you access to and use of our the ziprights.com website (the "Service"). You agree to comply with these terms when accessing or using the Service.
In order to access and use the Service, you are required to register with us and set up an account with your email address and a password (the “Account”). The email address you provide will be your email address, and you are solely responsible for maintaining the confidentiality of your password. You are responsible for all activities that occur under the Account. Therefore, you should protect your password and make your password difficult for others to discover. If the Account is used to support a corporation, and we believe that your authority to represent that corporation has ceased, we may terminate the Account or remove the string identifier or “hashtag” associated with your Account without notice. Furthermore, if you cease to have authority to represent the company, you agree to cease trading rights using the Account, and to reasonably cooperate with us, the company you formerly represented, and any third party successor that will use the hashtag.
FEES AND ACTION FUND CONTRIBUTIONS
Using the Service is generally free. We may charge fees from time to time, and we may also collect a percentage of any license amount to be used in furtherance of actions against infringing use of works of any user of the Service (the “AFC”). If you are charged a fee or an AFC amount, you will be able to review and accept those prior to completing any transaction. Both fees and AFC amounts are quoted in the currency selected by you.
We will notify you of changes to our fees and AFC amounts by posting such changes on the site. Our fees are non-refundable, and you are responsible for paying them. We may limit your ability to use the Service in the event of non-payment.
Taxes associated with our Services will be collected when applicable. You agree to provide accurate address information necessary for us to comply with our obligations under applicable law. You are solely responsible to collect and remit any applicable taxes resulting from the sale of right to your works using the Service.
USER ADDED CONTENT
The Service may contains content from us, you, and other users. You agree not to copy, modify, or distribute the Service, our copyright material or trademarks. When you upload or add content using the Service, you are granting us a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sub-licensable right to exercise the copyright, and database rights to that content to the extent necessary for our performance of the Service. If you believe that your rights have been violated, please notify Support (firstname.lastname@example.org) and we will investigate the matter. We reserve the right to remove content where we have grounds for suspecting the violation of these terms or the rights of any other party.
INTELLECTUAL PROPERTY INFRINGEMENT
Do not add content using the Service that infringes the rights of third parties. We reserve the right to remove content and prevent the use of the Service where we have grounds for suspecting the violation of these terms, our policies or of any party's rights.
DISCLAIMERS AND LIMITATIONS OF LIABILITY
The Service is provided “as is” and “as available”. You agree not to hold us responsible for things other users post or do. You also agree not to hold us responsible for the payment processing of other service providers such as PayPal (each a “Third Party Payment Processor”). For greater certainty, as applicable, if you link a Third Party Payment Processor account to your Account, you acknowledge and agree that by making payments through with that Third Party Payment Processor, you are bound by that Third Party Payment Processor’s applicable terms and conditions, and we are not liable for any loss, claims or damages howsoever arising in connection with that third party’s services). As the rights to all materials transacted on the Service come from users, we do not guarantee the accuracy, completeness, efficacy or timeliness of any posted user content or communications, nor the quality, safety, or legality of what is offered. We also cannot guarantee continuous or secure access to the Services. Notifications from the Services may not occur in real time. Such functionality is subject to delays beyond our control, including without limitation, delays or latency due to your physical location or your wireless data service provider’s network. Accordingly, to the extent legally permitted we expressly disclaim all warranties, representations and conditions, express or implied, including those of quality, merchantability, durability, fitness for a particular purpose and those arising by statute. We are not liable for any loss, whether of money (including profit), goodwill, or reputation, or any special, indirect, or consequential damages arising out of your use of the Service, even if you advise us or we could reasonably foresee the possibility of any such damage occurring. Some jurisdictions do not allow the disclaimer of warranties or exclusion of damages, so such disclaimers and exclusions may not apply to you.
Despite the previous paragraph, if we are found to be liable, our liability to you or any third party (whether in contract, tort, negligence, strict liability in tort, by statute or otherwise) is limited to the total fees you pay to us in the 12 months prior to the action giving rise to the liability.
You will indemnify and hold harmless Ziprights Management Corporation and its affiliates and its respective officers, directors, agents and employees (each an “Indemnified Party”), from any claim made by any third party, together with any amounts payable to the third party whether in settlement or as may otherwise be awarded, and reasonable legal costs incurred by any of the Indemnified Parties, arising from or relating to your use of the Services, any alleged violation by you of the applicable terms, and any alleged violation by you of any applicable law or regulation. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter subject to indemnification by you, but doing so will not excuse your indemnity obligations.
These terms and the other policies posted at ziprights.com from time to time constitute the entire agreement between us and you, superseding any prior agreements. This agreement is governed by the laws of the Province of British Columbia and the federal laws of Canada applicable therein. We both submit to the jurisdiction of the courts of the Province of British Columbia. This will not affect your statutory rights if you are a consumer and applicable consumer law requires application of another law for certain topics. If we don't enforce any particular provision, we are not waiving our right to do so later. If a court strikes down any of these terms, the remaining terms will survive. We may automatically assign this agreement in our sole discretion in accordance with the notice provision below (our assignment to an affiliate will not require notice). Except for notices relating to illegal or infringing content, your notices to us must be sent to:
1918 Boulevard St. Regis
Canada, H9P 1H6
We will send notices to you via the email address you provide, or by registered mail. Notices sent by registered mail will be deemed received five days following the date of mailing. We may update this agreement at any time, with updates taking effect when you next use the site or after 30 days, whichever is sooner. No other amendment to this agreement will be effective unless made in writing, signed by users and by us. Send questions, comments or complaints to email@example.com.