1. YOUR ACCEPTANCE
By using and/or visiting the zen-oh-tee website or any other website owned by zen-oh-tee, or any successor website of the foregoing (collectively the “Website”), you (“You”) acknowledge that You have read, understood and agree to both these Terms of Use and the zen-oh-tee Privacy Policy, which is specifically incorporated into these Terms of Use. These Terms of Use apply to any and all users of the Website.
These Terms of Use constitute a binding agreement between You and zen-oh-tee and its parents, subsidiaries, affiliates, successors, and assigns governing Your use of the Website. You are authorized only to use the Website if You agree to abide by all applicable laws and to these Terms of Use. Please read these Terms of Use carefully. If You do not agree to these Terms of Use, please do not use and/or visit the Website.
2. WEBSITE ACCESS
zen-oh-tee hereby grants You permission to use the Website as set forth in these Terms of Use, provided that: (i) Your use of the Website as permitted is solely for Your personal, noncommercial use; (ii) You will not copy or distribute any part of the Website in any medium without zen-oh-tee’s prior written authorization; (iii) 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 (iv) You will otherwise comply with the terms and conditions of these Terms of Use.
In order to access some features of the Website, You will have to create an account. You are not allowed to use another user’s account without permission. When creating Your account, You must provide true, current, accurate and complete information about yourself. If Zen-oh-tee suspects that Your registration information is not true, complete, current, or accurate, or that You have otherwise violated these Terms of Use, Your account may be subject to suspension or termination, and You may be barred from using the Website. By registering with zen-oh-tee, You represent that You are of legal age to form a binding contract and are not a person barred by any laws from using the zen-oh-tee Website.
You are solely responsible for the activity that occurs on Your account, and You must keep Your account password secure. You may change Your password at any time. You agree to immediately notifyzen-oh-tee if You suspect or know of any unauthorized use of Your password or account or any other breach of security. zen-oh-tee cannot and will not be liable for any loss or damage arising from Your failure to comply with this Section 2. You acknowledge and agree that we may preserve user information and may also disclose user information, if required to do so by law or if we believe, in good faith, that such preservation or disclosure is reasonably necessary to: (i) comply with the legal process; (ii) enforce these Terms of Use; (iii) respond to claims that any content violates the rights of third parties; or (iv) protect the rights, property, or personal safety of zen-oh-tee, its users, or the public.
zen-oh-tee also reserves the right to terminate a user's access to the Website at any time in its sole discretion and without prior notice.
You agree not to use or launch any automated system or technological devices or programs that access the Website in a manner that sends more request messages to the zen-oh-tee servers in a given period of time than a human can reasonably produce in the same period by using a conventional on-line web browser. You further agree not to access, monitor or copy any content or information of this Website using any robot, spider, scraper or other automated means or any manual process for any purpose. Notwithstanding the foregoing, zen-oh-tee grants the operators of public search engines permission to use spiders to copy materials from the Website for the sole purpose of creating publicly available searchable indices of the materials, but not caches or archives of such materials. zen-oh-tee reserves the right to revoke these exceptions either generally or in specific cases, in its sole discretion.
You agree not to collect or use any personally identifiable information ("Personal Information") including without limitation individual names, account names, email addresses, or other user identifying information from the Website, nor use the communication systems provided by the Website for any commercial solicitation purposes, including without limitation to solicit, for commercial purposes, any users of the Website.
3. THIRD PARTY WEBSITES
The Website may contain links to third party websites that are not owned or controlled by zen--oh-tee. zen-oh-tee has no control over, and assumes no responsibility for, the content, quality, suitability, functionality, legality, privacy policies, or practices of any third party website. You acknowledge and agree that zen-oh-tee is not responsible for the content on the Internet or on web pages that are contained outside the Website. By using the Website, you specifically release zen-oh-tee from any and all liability arising from your access or use of any third party website, your correspondence or dealings with other users, advertisers, partners, or other third parties found on or through the Website, and/or Your participation in promotions, sweepstakes, campaigns, or any other venture hosted, endorsed, or sponsored by other users, advertisers, partners, or other third parties.
4. INTELLECTUAL PROPERTY RIGHTS
The majority of content on this website is not licensed to nor owned by zen-oh-tee. All items for sale are fan made and are not officially licenced merchandise. At any time 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, or otherwise exploited for any purpose whatsoever, zen-oh-tee does not take any responsibility for copying, or distribution of any of the content of this website for any commercial purposes. If You download or print any Content for personal use, you agree not to circumvent, disable or otherwise interfere with security related features of the website or features that prevent or restrict use or copying of any content or enforce limitations on the use of the Website or the content.
Zen-oh-tee may at any time remove content or items for sale and refuse sales relating to reported cases of copyright infringement.
5. RULES OF CONDUCT
The following rules of conduct apply to your use of the Website
You may not, in connection with the Website:
- Upload, post, email or otherwise transmit any material that is libelous, invasive of another’s privacy, defamatory, pornographic, sexually explicit, unlawful or plagiarized;
- Upload, post, email or otherwise transmit any material that infringes or violates any patent, copyright, trademark, trade secret or other proprietary rights of any person;
- Upload, post, email or otherwise transmit any material that a reasonable person would consider harassing, abusive, threatening, harmful, vulgar, profane, obscene, excessively violent, racially, ethnically or otherwise objectionable or offensive in any way;
- Upload, post, email, or otherwise transmit any unsolicited or unauthorized advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other forms of solicitation, or otherwise engage in commercial activities within zen-oh-tee
- Upload, post, email, or otherwise transmit any material that contains viruses, Trojan horses, worms, time bombs, cancelbots or any other computer codes, files, or programs designed to interrupt, destroy, or limit the functionality or any computer software or hardware or telecommunications equipment;
- Impersonate any person or entity, or otherwise misrepresent Your affiliation with a person or entity;
- Intentionally or unintentionally violate or encourage others to violate any applicable law, statute, ordinance or regulation;
- Provide false or deceptive information;
- Solicit personal information from anyone under 18;
- Breach a duty of confidentiality by which you are bound due to a contractual or fiduciary relationship (such as inside information, or proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);
6. MODIFICATIONS TO THE WEBSITE
zen-oh-tee reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Website (or any part thereof) with or without notice. zen-oh-tee shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Website
7. TERMINATION
zen-oh-tee may, under certain circumstances and without prior notice, immediately disable or terminate Your zen-oh-tee account, access to the Website, or any other zen-oh-tee services. Cause for such termination shall include, but not be limited to: (i) breaches or violations of the Terms of Use or other incorporated agreements or guidelines; (ii) requests by law enforcement or other government agencies; (iii) a request by You (self-initiated account deletions); (iv) discontinuance or material modification to the Website (or any part thereof); (v) unexpected technical or security issues or problems; (vi) extended periods of inactivity; (vii) engagement by You in fraudulent or illegal activities; and/or (viii) nonpayment of any fees owed by You in connection with the Website or any other zen-oh-tee product or service.
Termination of Your zen-oh-tee account includes: (i) removal of access to all pages within the Website; (ii) deletion of Your password and all related information, files and materials, and (iii) barring of further use of the Website. Further, You agree that all terminations for cause shall be made in zen-oh-tee’s sole discretion and that zen-oh-tee shall not be liable to you or any third party for any termination of Your account, any associated email address, or access to the Website.
8. WARRANTY DISCLAIMER
YOU AGREE THAT YOUR USE OF THE WEBSITE SHALL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, ZEN-OH-TEE, AND ANY PARENT, SUBSIDIARY, AFFILIATE, SUCCESSOR, DIRECTOR, OFFICER, EMPLOYEE, LICENSOR, DISTRIBUTOR, SUPPLIER, AGENT, RESELLER, OWNER, OR OPERATOR OF ZEN-OH-TEE, DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE WEBSITE AND YOUR USE THEREOF. ZEN-OH-TEE 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, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE WEBSITE, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE 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, USER SUBMISSION OR OTHER MATERIAL OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT, USER SUBMISSION, OR OTHER MATERIAL POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE WEBSITE. ZEN-OH-TEE DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY HYPERLINKED WEBSITE OR OTHER PROMOTION, AND ZEN-OH-TEE 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. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM ZEN-OH-TEE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TERMS OF USE. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE.
9. LIMITATION OF LIABILITY
IN NO EVENT SHALL ZEN-OH-TEE, OR ANY PARENT, SUBSIDIARY, AFFILIATE, SUCCESSOR, DIRECTOR, OFFICER, EMPLOYEE, LICENSOR, DISTRIBUTOR, SUPPLIER, AGENT, RESELLER, OWNER, OR OPERATOR OF ZEN-OH-TEE, BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER RESULTING FROM ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, 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 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 YOUR USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE 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. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.
YOU SPECIFICALLY ACKNOWLEDGE THAT ZEN-OH-TEE SHALL NOT BE LIABLE FOR USER SUBMISSIONS OR FOR ANY DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY AND THAT THE RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH YOU.
The Website is controlled and offered by zen-oh-tee from its facilities in the United Kingdom. Zen-oh-tee makes no representations that the Website is appropriate or available for use in other locations. Those who access or use the Website from other jurisdictions do so at their own volition and are responsible for compliance with local law.
10. INDEMNITY
You agree to defend, indemnify and hold harmless zen-oh-tee, and any parent, subsidiary, affiliate, successor, director, officer, employee, licensor, distributor, supplier, agent, reseller, owner, or operator of zen-oh-tee, from and against any and all alleged claims, claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorneys’ fees) arising from: (i) Your use of and access to the Website; (ii) Your violation of any term of these Terms of Use; (iii) Your violation of any third party right, including without limitation any copyright, property, or privacy right; or (iv) any alleged claim, claim, or cause of action that one (or more) of Your User Submissions caused, is causing, or will cause damage to a third party, as a result of infringement or otherwise. This defense and indemnification obligation will survive these Terms of Use and Your use of the Website.
11. ABILITY TO ACCEPT TERMS OF USE
You affirm that You are either more than 18 years of age, or an emancipated minor, or possess legal parental or guardian consent, and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in these Terms of Use, and to abide by and comply with these Terms of Use. zen-oh-tee is not intended for children under 18. If You are under 18 years of age, then please do not use the zen-oh-tee Website.
12. ASSIGNMENT
These Terms of Use, and any rights and licenses granted hereunder, may not be assigned, transferred, delegated, and sublicensed by You, but may be assigned, transferred, delegated, and sublicensed by zen-oh-tee without restriction.
13. INTELLECTUAL PROPERTY
The zen-oh-tee website is owned by zen-oh-tee. No portion of the website may be copied, reproduced, displayed, transmitted, or otherwise used for any purpose without the prior written permission of zen-oh-tee.
All of the zen-oh-tee trademarks, including but not limited to zen-oh-tee, are owned by zen-oh-tee and may not be used for any purpose without the prior written permission of zen-oh-tee.
14. GENERAL
In the event any provision contained in these Terms of Use is determined to be invalid, illegal or otherwise unenforceable in any respect for any reason, the validity, legality and enforceability of the provision in every other respect and the remaining provisions of these Terms of Use will not be in any way impaired and shall remain in full force and effect. No waiver of any term of these Terms of Use shall be deemed a further or continuing waiver of such term or any other term, and zen-oh-tees’s failure to assert any right or provision under these Terms of Use shall not constitute a waiver of such right or provision. zen-oh-tee reserves the right to amend these Terms of Use at any time in its sole discretion and without prior notice, which shall take effect upon posting to the Website. It is Your responsibility to review these Terms of Use for any changes. Your use of the Website following any amendment of these Terms of Use will signify Your assent to and acceptance of its revised terms. These Terms of Use constitute an agreement that shall be governed by and construed in accordance with laws of the State of Illinois without regard to its conflict of law provisions and without regard to the actual state or county of incorporation or residence of either party. You agree to submit to the personal and exclusive jurisdiction of the courts located in Cook County, Illinois, in connection with any action arising under this Agreement. You agree that any cause of action arising out of or related to the Website must commence within one (1) year after the cause of action accrues. Otherwise, such cause of action is permanently barred.
15. VIOLATIONS OF THESE TERMS OF USE
Please report any violations of the Terms of Use, including objectionable User Submissions or behavior, to zen.oh.tee@ gmail.com. Please state the reasons for Your concern and provide a link to the material or, if appropriate, the behavior in question. Upon receiving such a report of a possible violation, zen-oh-tee in its sole discretion may investigate the matter and take such action as zen-oh-tee determines to be appropriate.
Terms of Use were last revised in April 2015.
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