Zamination, https://www.zamination.com is owned by Zamination.com
LLC. It is our desire that you use the services provided by our
website to create training material, exams, reports to improve
employee performance in your business. Our service is designed to
give you as much control and ownership over what goes into your
questions, tutorials, user and or company profiles, but we insist
that you be responsible for what information you provide. In
particular, make sure that none of the prohibited items listed below
appear on your profile or posted questions/tutorials, or get linked
to from your profile or posted questions/tutorials (things like
spam, viruses, or hate content).
If you find a Zamination profile or posted question/tutorial
that you believe violates our terms of service, please contact us at
info@zamination.com.
Zamination — Terms of Service
The following terms and conditions govern all use of the Zamination
(https://www.zamination.com) website and all content,
services and products available at or through the Website. The
Website is owned and operated by Zamination.com LLC
("Zamination"). The Website is offered subject to your acceptance
without modification of all of the terms and conditions contained
herein and all other operating rules, policies (including, without
limitation,
Zamination's Privacy Policy)
and procedures that may be published
from time to time on this Site by Zamination (collectively, the
“Agreement”).
Please read this Agreement carefully before accessing or using the
Website. By accessing or using any part of the web site, you agree
to become bound by the terms and conditions of this agreement. If
you do not agree to all the terms and conditions of this agreement,
then you may not access the Website or use any services. If these
terms and conditions are considered an offer by Zamination
LLC, acceptance is expressly limited to these terms. The Website is
available only to individuals who are at least 15 years old.
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Your Zamination Account and associated content.
If you create an account and associated content
on the Website, you are responsible for maintaining the security
of your account and profile, and you are fully responsible for all
activities that occur under the account and any other actions
taken in connection with the profile. You must not describe or
assign keywords to your profile in a misleading or unlawful
manner, including in a manner intended to trade on the name or
reputation of others, and Zamination may change or remove any
description or keyword that it considers inappropriate or
unlawful, or otherwise likely to cause Zamination liability. You
must immediately notify Zamination of any unauthorized uses of
your profile, your account or any other breaches of
security. Zamination will not be liable for any acts or omissions
by You, including any damages of any kind incurred as a result of
such acts or omissions.
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Responsibility of Contributors. If you create a
profile, post material to the Website, post links on the Website,
or otherwise make (or allow any third party to make) material
available by means of the Website (any such material, “Content”),
You are entirely responsible for the content of, and any harm
resulting from, that Content. That is the case regardless of
whether the Content in question constitutes text, graphics, an
video or audio file, or computer software. By making Content
available, you represent and warrant that:
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the downloading, copying and use of the Content will not
infringe the proprietary rights, including but not limited to
the copyright, patent, trademark or trade secret rights, of
any third party;
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if your employer has rights to intellectual property you
create, you have either (i) received permission from your
employer to post or make available the Content, including but
not limited to any software, or (ii) secured from your
employer a waiver as to all rights in or to the Content;
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you have fully complied with any third-party licenses relating
to the Content, and have done all things necessary to
successfully pass through to end users any required terms;
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the Content does not contain or install any viruses, worms,
malware, Trojan horses or other harmful or destructive
content;
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the Content is not spam, is not machine- or
randomly-generated, and does not contain unethical or unwanted
commercial content designed to drive traffic to third party
sites or boost the search engine rankings of third party
sites, or to further unlawful acts (such as phishing) or
mislead recipients as to the source of the material (such as
spoofing);
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the Content is not pornographic, libelous or defamatory (more
info on what that means), does not contain threats or
incite violence towards individuals or entities, and does not
violate the privacy or publicity rights of any third party;
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your profile is not getting advertised via unwanted electronic
messages such as spam links on newsgroups, email lists, blogs
and web sites, and similar unsolicited promotional methods;
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your profile is not named in a manner that misleads your
readers into thinking that you are another person or
company. For example, your profile's URL or name is not
the name of a person other than yourself or company other than
your own.
By submitting Content to Zamination for inclusion on your
Website, you grant Zamination a world-wide, royalty-free, and
non-exclusive license to reproduce, modify, adapt and publish
the Content solely for the purpose of displaying, distributing
and promoting your Website. If you delete Content, Zamination
will use reasonable efforts to remove it from the Website, but
you acknowledge that caching or references to the Content may
not be made immediately unavailable.
Without limiting any of those representations or warranties,
Zamination has the right (though not the obligation) to, in
Zamination's sole discretion (i) refuse or remove any content
that, in Zamination's reasonable opinion, violates any Zamination
policy or is in any way harmful or objectionable, or (ii)
terminate or deny access to and use of the Website to any
individual or entity for any reason, in Zamination's sole
discretion. Zamination will have no obligation to provide a
refund of any amounts previously paid.
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Fees and Payment. Optional premium paid services
include the ability to create content and add user accounts to
access your content. By selecting a premium service you agree to
pay Zamination the cost indicated for that service (the payment
terms are described below). Premium service fees are not
refundable.
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Payment Terms.Failure to pay Zamination.com LLC
the agreed upon amount may result in the termination of your
account and the elimination of the content you are hosting at
Zamination.
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Responsibility of Website Visitors. Zamination has
not reviewed, and cannot review, all of the material posted to the
Website, and cannot therefore be responsible for that material's
content, use or effects. By operating the Website, Zamination does
not represent or imply that it endorses the material there posted,
or that it believes such material to be accurate, useful or
non-harmful. You are responsible for taking precautions as
necessary to protect yourself and your computer systems from
viruses, worms, Trojan horses, and other harmful or destructive
content. The Website may contain content that is offensive,
indecent, or otherwise objectionable, as well as content
containing technical inaccuracies, typographical mistakes, and
other errors. The Website may also contain material that violates
the privacy or publicity rights, or infringes the intellectual
property and other proprietary rights, of third parties, or the
downloading, copying or use of which is subject to additional
terms and conditions, stated or unstated. Zamination disclaims any
responsibility for any harm resulting from the use by visitors of
the Website, or from any downloading by those visitors of content
there posted.
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Content Posted on Other Websites. We have not
reviewed, and cannot review, all of the material made available
through the websites and webpages to which the Website links, and
that link to the Website. Zamination does not have any control over
those non-Zamination websites and webpages, and is
not responsible for their contents or their use. By linking to a
non-Zamination website or webpage, Zamination does not
represent or imply that it endorses such website or webpage. You
are responsible for taking precautions as necessary to protect
yourself and your computer systems from viruses, worms, Trojan
horses, and other harmful or destructive content. Zamination
disclaims any responsibility for any harm resulting from your use
of non-Zamination websites and webpages.
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Copyright Infringement and DMCA Policy. As
Zamination asks others to respect its intellectual property rights,
it respects the intellectual property rights of others. If you
believe that material located on or linked to by the Website
violates your copyright, you are encouraged to notify Zamination
via the email address listed above. Zamination will respond to all
such notices, including as required or appropriate by removing the
infringing material or disabling all links to the infringing
material. In the case of a visitor who may infringe or repeatedly
infringes the copyrights or other intellectual property rights of
Zamination or others, Zamination may, in its discretion, terminate
or deny access to and use of the Website. In the case of such
termination, Zamination will have no obligation to provide a refund
of any amounts previously paid to Zamination.
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Intellectual Property. This Agreement does not
transfer from Zamination to you any Zamination or third party
intellectual property, and all right, title and interest in and to
such property will remain (as between the parties) solely with
Zamination. Zamination, www.zamination.com, the Zamination.com
logo, the Zamination logo, and all other trademarks, service
marks, graphics and logos used in connection with the Website are
trademarks or registered trademarks of Zamination or Zamination's
licensors. Other trademarks, service marks, graphics and logos
used in connection with the Website may be the trademarks of other
third parties. Your use of the Website grants you no right or
license to reproduce or otherwise use any Zamination or
third-party trademarks.
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Changes. Zamination reserves the right, at its
sole discretion, to modify or replace any part of this Agreement.
It is your responsibility to check this Agreement periodically for
changes. Your continued use of or access to the Website following
the posting of any changes to this Agreement constitutes
acceptance of those changes. Zamination may also, in the future,
offer new services and/or features through the Website (including,
the release of new tools and resources). Such new features and/or
services shall be subject to the terms and conditions of this
Agreement.
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Termination. Zamination may terminate your access
to all or any part of the Website at any time, with or without
cause, with or without notice, effective immediately. If you wish
to terminate this Agreement or your Zamination
account (if you have one), you may simply discontinue using the
Website. All provisions of this Agreement which by their nature
should survive termination shall survive termination, including,
without limitation, ownership provisions, warranty disclaimers,
indemnity and limitations of liability.
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Disclaimer of Warranties. The Website is provided
“as is”. Zamination and its suppliers and licensors
hereby disclaim all warranties of any kind, express or implied,
including, without limitation, the warranties of merchantability,
fitness for a particular purpose and non-infringement. Neither
Zamination nor its suppliers and licensors, makes any warranty that
the Website will be error free or that access thereto will be
continuous or uninterrupted. You understand that you download
from, or otherwise obtain content or services through, the Website
at your own discretion and risk.
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Limitation of Liability. In no event will
Zamination, or its suppliers or licensors, be liable with respect
to any subject matter of this agreement under any contract,
negligence, strict liability or other legal or equitable theory
for: (i) any special, incidental or consequential damages; (ii)
the cost of procurement or substitute products or services; (iii)
for interruption of use or loss or corruption of data; or (iv) for
any amounts that exceed the fees paid by you to Zamination under
this agreement during the twelve (12) month period prior to the
cause of action. Zamination shall have no liability for any failure
or delay due to matters beyond their reasonable control. The
foregoing shall not apply to the extent prohibited by applicable
law.
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General Representation and Warranty. You
represent and warrant that (i) your use of the Website will be in
strict accordance with the Zamination Privacy Policy, with this
Agreement and with all applicable laws and regulations (including
without limitation any local laws or regulations in your country,
state, city, or other governmental area, regarding online conduct
and acceptable content, and including all applicable laws
regarding the transmission of technical data exported from the
United States or the country in which you reside) and (ii) your
use of the Website will not infringe or misappropriate the
intellectual property rights of any third party.
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Indemnification. You agree to indemnify and hold
harmless Zamination, its contractors, and its licensors, and their
respective directors, officers, employees and agents from and
against any and all claims and expenses, including attorneys'
fees, arising out of your use of the Website, including but not
limited to your violation of this Agreement.
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Miscellaneous. This Agreement constitutes the
entire agreement between Zamination and you concerning the subject
matter hereof, and they may only be modified by a written
amendment signed by an authorized executive of Zamination, or by
the posting by Zamination of a revised version. Except to the
extent applicable law, if any, provides otherwise, this Agreement,
any access to or use of the Website will be governed by the laws
of the state of Florida, U.S.A., excluding its conflict of law
provisions, and the proper venue for any disputes arising out of
or relating to any of the same will be the state and federal
courts located in Orange County, Florida. Except for claims for
injunctive or equitable relief or claims regarding intellectual
property rights (which may be brought in any competent court
without the posting of a bond), any dispute arising under this
Agreement shall be finally settled in accordance with the
Comprehensive Arbitration Rules of the Judicial Arbitration and
Mediation Service, Inc. (“JAMS”) by three arbitrators appointed in
accordance with such Rules. The arbitration shall take place in
Orlando, Florida, in the English language and the arbitral
decision may be enforced in any court. The prevailing party in
any action or proceeding to enforce this Agreement shall be
entitled to costs and attorneys' fees. If any part of this
Agreement is held invalid or unenforceable, that part will be
construed to reflect the parties' original intent, and the
remaining portions will remain in full force and effect. A waiver
by either party of any term or condition of this Agreement or any
breach thereof, in any one instance, will not waive such term or
condition or any subsequent breach thereof. You may assign your
rights under this Agreement to any party that consents to, and
agrees to be bound by, its terms and conditions; Zamination may
assign its rights under this Agreement without condition. This
Agreement will be binding upon and will inure to the benefit of
the parties, their successors and permitted assigns.
The above Terms of Service is available under a Creative Commons
Sharealike license, originally published at Wordpress.com.