Zazew - The Fastest Growing Online Writing Network for all Types of of Writing and Publishing
Zazew Terms & Conditions
Please make sure that you have read both the terms and conditions and membership agreement for Zazew carefully. Your use of the Zazew Web site constitutes acceptance of this agreement and creates a binding legal contract.
Zazew, ‘The Ultimate Writers’ Network’ is a Web site where people can create content either on your own or in collaboration with others. Zazew is the first place in the world for both the solo and collaborative creation of e-books, novels, technical manuals, articles, research and white papers where everyone can get published. Zazew helps people create, develop, produce and distribute information across a wide range of subjects. Zazew aims to provide a safe, friendly, and serious site for people of all ages and backgrounds for both solo and collaborative writing and research.
Zazew Members range from people of all ages researching papers to grandparents writing memoirs, from individuals and companies publishing technical manuals, to authors writing their first and subsequent novels and academic or professional text books. Because of this wide market, we avoid and remove where possible content which on our opinion, might be considered offensive to the majority of our Members.
Zazew supports and enforces copyrights. You cannot post content that you do not own or halve permission to publish. We aim to create a community which provides valuable creative tools for a lot of people and encourages the exchange of knowledge and ideas that have real value. Below, you will find the terms and conditions for the use of Zazew's web site. Please don't hesitate to contact support (support@zazew.com) if you have any questions about the statements contained in this agreement. Please read the information below carefully. By using the Site, you accept the terms and conditions described below, and you warrant and represent that you have the legal capacity to enter into this Agreement. Please note that by entering into this Agreement, you represent and warrant that (i) you, the prospective Member, are at least 18 years old; or (ii) you are the parent or legal guardian of a prospective Member who is between the ages of 13 and 18 and that you are entering into this Agreement on behalf of that prospective Member. For all Content made, placed, or posted on the Site by Member and for all revisions or modifications to such Content and feedback, comments and reviews, Member grants to Zazew the Archival License set out below in this Agreement.
Legal Agreement
The terms and conditions set out in this document apply to all visitors and members of the Zazew' website (“Site”) and constitute a binding, legal agreement (“Agreement”) between the Member (“Member”) and Zazew (Zazew Ltd .— collectively, "Zazew").
Introduction
Zazew is a tool to facilitate the creation and exchange of information and knowledge. We provide a service to enable members both on a solo basis and in collaboration with other members, to develop, publish, and other people to provide feedback and suggestions as well as to contribute to the publication of Project(s) (“Project(s)”). Zazew also provides members with the tools to offer for sale digital content in on-line, or printed formats. Digital content ("Content") may consist of information, data, text, software or other materials.
Content
When member(s) post Content on the Zazew' website, as any or all or part of a Project you keep your copyright, but you grant that Zazew will provide a service to store, post, display, copy, and offer for sale that Content within the limitations you set during the online publishing process. We define content as any Project of authorship or other form of expression made or placed on the Site, including but not limited to text, , suggestions ideas, refinements, storyboards, treatments, books, essays, feedback, comments, editorial comments,, reviews, contributions and input of any kind, all other substantive contributions and input, images, photographs, graphics, information, data, and software. Content includes but is not limited to all modifications of and revisions to Content that was previously made or placed on the Site.
Feedback & Placing Non Project Content on the Site
Member agrees and acknowledges that by posting, placing, or making Feedback or other content on the Site other than members own project content, that this act does not establish authorship of a Project regardless of the content or nature of the Feedback. Member acknowledges and agrees that, by virtue of placing Feedback anywhere on the Site, Member (i) is not an author or co-author of a Project; (ii) has no right or intention to determine whether or how Member’s Feedback is incorporated or used in a Project; (iii) has no right or intention to be credited or attributed as an author or collaborative author of a Project; and (iv) has no right or intention to be identified as an author in a copyright registration of the Project.
Royalties
When Zazew publishes a Project owner’s work and acts as the sales channel for the Project owners work(s) Zazew will retain 30% of all net profit on sales made on the behalf of the Project owner by Zazew and will be paid and retain the rights to be paid 30% of all proceeds from sales made elsewhere, where Zazew Publishing has the publishing agreement with the Project owner and author(s).
Royalties paid to Project Owners for Solo Projects
For Projects created by the Member(s) on Zazew or where Zazew acts as the managing publisher and/or sales channel, all project owners will be paid royalties on sales made by Zazew as follows:
Royalties Paid to Project Owners for solo Projects
The Project owner for a solo Project is the only Project Owner entitled to any compensation for and from the Project. For solo a project, the project owner will be paid a total of 70% of the total Net Profit (as defined below) for a particular calendar month.
For Projects created by the Member(s) on Zazew or where Zazew acts as the managing publisher and sales channel, all project owners will be paid royalties on sales made by Zazew as follows:
Zazew will pay the Project owner(s) and contributing members of the Project a “Member Royalty Allocation,” which means a total of 70% of the total Net Profit (as defined below) for a particular calendar month. The Royalties will be distributed amongst the Project authors including the Project Owner ‘Pro Rata’ as follows:
- 70% of Net profit is available for distribution amongst all Project authors on the following basis
- The Project owner will receive 30% of the net profit available for Project owner and author distribution. The remaining 40% is distributed equally among all authors including the project owner.
For example and illustrative purposes only, the following model describes how royalties would be paid to project authors on a collaborative project where the net profit achieved is £10 per book and where a total of five authors have collaborated on the project
Author 1: will receive 30% of net profit i.e. £3
Balance for distribution ‘Pro Rata’ is £4
All authors on project (five) receive £0.80 each
SUMMARY
Author 1 receives £3.80
Authors 2-5 receive £0.80 each = Total £3.20
Total distributed: £3.80 + £3.20 = £7.00
Regardless of the foregoing, the minimum royalty fee retained by Zazew per book whether the work is in electronic printed or other form is £0.50 However, if you choose to make your Content free, Zazew waives its service fee altogether. For larger bulk./wholesale deals, please contact support@zazew.com
If you have published and sold Content on the Site as a project owner or Project collaborator, the amount of royalties you are owed will be provided in a statement on the last Friday of each calendar month. You may choose to receive the Royalties you are due via paper check. All payments are made in UK pounds (sterling).
If you chose to receive your Royalties by bank transfer, Zazew will request with your first statement, details of your bank account that you wish to have your royalties deposited into. Deposits will take place on the first Friday of each calendar month following receipt of an email from you confirming acceptance of the amount awarded as being correct. The email confirming the accuracy of the amount which Zazew intend to pay you must be received one full business day before the payment transfer date. If Zazew owes you less than £20 for Royalties within a given month, we reserve the right, at our discretion, to roll your revenue forward to the following month until £20 is reached.
If you choose to receive your Royalties via paper check, you will be paid on a quarterly basis. Specifically, no later than 45 days following the end of the calendar quarter, Zazew will make a good faith effort to pay you, using the contact information in our records. If Zazew owes you less than £20 for Royalties within a given quarter, we reserve the right, at our discretion, to roll your revenue forward to the following quarter until £20 is reached.
The Zazew terms and conditions will remain the terms and conditions to be observed by all Project owners and authors. For all Projects created within Zazew and sold externally. Zazew will only act in matters and arising disputes amongst Project Owners and contributing authors where Zazew has acted as the publishing sales channel. For all sales outside Zazew, any royalty disputes amongst Project owner and contributing authors will be outside of the control of Zazew and therefore Zazew will not be liable in any form.
Introductory fees are payable as follows: Fees should be paid using the Zazew payment system at Zazew and using a valid credit card. The selection and interview system at the point where the members and third party service providers agree the fee due for any service will create an invoice to the service provider which will be based on 20% of the agreed fee or minimum £10. This fee will become payable after 21 days of the agreement being struck by the parties concerned. The platform for the search, selection and fee negotiation in respect of services provided between members and services providers is provided on the site as a service to members and is provided in good faith. Where Zazew observe or suspect any attempt by members and/or service providers to by pass or manipulate the fees due in any way, the members or service providers in the opinion of Zazew involved in any such action will have their membership immediately suspended and will not be able to use the site until any dispute has been resolved to Zazew’s satisfaction. Failing the satisfactory resolution of any dispute, the members and service provider's use of Zazew will be permanently withdrawn and any attempt to rejoin using a different identity will be prohibited and removed. The Site License is irrevocable unless and until Content covered by the Site License is removed from the Site in accordance with section ‘Removal of content from the Site of this Agreement. below Member grants, transfers, assigns, and conveys to the Assigned Authors or Zazew, its or their successors and assigns all worldwide, exclusive, and perpetual rights, title, interests, ownership, as well as all exclusive, perpetual, and worldwide subsidiary, derivative, renewal, termination, control, administrative, and transfer rights, in and to the Content. To enable Zazew or the Assigned Authors to register, maintain, renew, extend, enforce, and protect its rights in the Content, Member hereby irrevocably appoints the Assigned Authors or Zazew as Member’s attorney-in-fact with all powers necessary to sign all such documents (including but not limited to the power of substitution). Member shall not at any time take any action contesting or in any way impairing or tending to impair any part of the Assigned Authors’ or Zazew's exclusive, worldwide, and perpetual rights, title, and interests in and to the Content. Zazew has sole discretion to determine how, when, and where it may exercise and employ the Archival License. Zazew has no obligation to Member to disclose any aspect of how, where, and when Zazew exercises and employs the Archival License. A hand written or typed and printed letter detailing the notice and containing as follows: A physical signature of a person authorised to act on behalf of the owner of an exclusive right that is allegedly infringed; Identification of the copyrighted Project claimed to have been infringed, or, if multiple copyrighted Projects a list of the Projects at that site; 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 enable Zazew to locate the material Information reasonably sufficient to permit Zazew to contact you, such as an address, telephone number, and, if available, an electronic mail A statement that you have a good-faith belief that use of the material in the manner complained of is not authorised by the copyright owner, its agent, or the law; and A statement that the information in the notification is accurate and that you are authorised to act on behalf of the owner of an exclusive right that is allegedly infringed. Such written notice should be sent as follows to: David Hamburgh In no event shall Zazew or any of its officers, employees, directors, affiliates, shareholders, or agents be liable to a Member or anyone else for special, consequential, indirect, cover, punitive, incidental or similar damages (including, without limitation, lost profits, lost sales, or lost business) directly or indirectly related to or arising out of the this Agreement, the Site, Content on the Site, or activities of other Members or third parties. This paragraph applies even if Zazew or one of its officers, employees, directors, affiliates, shareholders, or agents has been informed or become aware of the possibility of such damages. If Zazew is the subject of any claim, allegation, demand, cause of action, suit, or other proceeding based on something Member did in violation of this Agreement, Member agrees to indemnify Zazew for all damages, attorneys’ fees, losses, and costs assessed against or incurred by Zazew The Site and all information, content, materials, products (including software) and services included on or otherwise made available to Member through the Site are provided by Zazew on an "as is" and "as available" basis, unless otherwise specified in writing. Zazew makes no warranties or representations of any kind, implied or express, as to the operation of this Site or the Content or information or services included on or otherwise made available to Member through the Site, unless otherwise specified in writing. Member agrees that Member’s use of the Site is at Member’s sole risk. To the full extent permissible by applicable law, Zazew disclaims all warranties, express or implied, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose. Zazew does not warrant that the Site; information or Content or services included on or otherwise made available to Member through the Site; Zazew’s servers; or e-mail sent from Zazew are free of viruses or other harmful components. Zazew will not be liable for any damages of any kind arising from Member’s use of the Site or from any information or Content or services included on or otherwise made available to Member through the Site, including, but not limited to direct, indirect, incidental, punitive, and consequential damages, unless otherwise specified in writing. If you include any information that could be used to identify you, such as your personal phone number, e-mail address, National Insurance/social security number or a government-issued identification number, (collectively "Personal Data") in your Content, it will be included with your Content when sold. By including Personal Data in the Content you post, you authorize Zazew to disclose that Personal Data as part of the Content. You may not include Personal Data about other people in your Content. By posting your Content on the site, you grant that Zazew, in service to the Project owner may excerpt your Content, excluding any Personal Data that may have been included, for use in marketing materials, and Zazew may make minor modifications to the Content for technical reasons. Of course, Zazew will credit you and/or the original artist, and further we will make reasonable attempts to ask you first. You further agree that Zazew may make minor modifications to the Content for technical reasons. By uploading Content to the Site you represent and warrant, at all times during the term of this Agreement, that the Content: Zazew reserves the right to remove and refuse to permit your publication on the Site of any Content that Zazew, in its sole discretion, deems in violation of the terms and conditions set forth above. As a Member, you agree not to use the Site to: i.Upload, post or otherwise transmit any Content that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libellous, invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable; In addition to complying with all restrictions on conduct and Content, you are responsible for adhering to all local and national laws that pertain to your location, wherever you are. Zazew reserves the right to remove any and all material that we feel is inappropriate or illegal, or offensive, or potentially or actually harmful in any respect. At our discretion, we will remove Content and/or ban Members who violate our policies with respect to the Site. We reserve the right to amend our policies from time to time in our sole discretion. Zazew will disclose Personal Data under the following circumstances: i. In response to subpoenas, court order, other legal process, to establish or exercise Zazew's legal rights or defend against a legal claim, or as otherwise required by law; If you include your Personal Data in content that you upload for posting and/or purchase on Zazew's site, that information may be widely available to other Members. Zazew does not exercise any control over those Members and cannot guarantee that your Personal Data will be protected as described in Zazew's if you make it available as part of content posted on Zazew's site. Zazew does not delete or redact your personal information from content you provide. If you do not want your personal information to be displayed as part of the content you upload, then you must delete it prior to uploading. Remember, you may not include Personal Data about other people in your Content. You also may not use Personal Data about other Zazew Members in a way that is inconsistent with Zazew's Privacy Pledge. If you do, you will have violated the terms of this Agreement, and Zazew may terminate your membership. Zazew is not liable for any damage that may be incurred due to use of Personal Data that was made available as part of Content posted on Zazew's site. Because Zazew provides a Project owner controlled publishing tool, the company cannot accept responsibility for the quality of the Content purchased (including misspelled words, grammatical errors, etc.), its formatting, design or overall appearance. The Project owner approves the visual presentation and content of each item and bears responsibility for its quality and presentation. Zazew's staff does not monitor or check individual Content prior to publication through our web site.
Definition of Net Profit
Net Profit” for a Project means all monies actually received by Zazew from Zazew’s sale of Copies of a Project published by Zazew less the cost of producing the Copies of the Project; the cost of shipping the Copies when the shipping cost isn’t paid by the purchaser; direct marketing expense; any applicable taxes; bad debt; returns; a 10% administrative and operational cost; and commission expenditures incurred by Publisher in making or deriving from such sales, licensing transactions, or other business dealings. “Copy” means a complete, single electronic or physical unit of a Project sold at a wholesale or retail price by Publisher to a reseller or consumer. To avoid doubt, “Copy” does not include units of a Project that Publisher distributes, gives away to Author or a third party, or otherwise provides or uses for advertising, review, sample, promotional, publicity, demonstrations, or other marketing or business development purposes.
Fees Due to Zazew
Where Zazew has acted as an agent in the introduction of a member to other members who chose to provide a service to the member concerned, Zazew will charge an introducers fee as stated below. All members who offer their services to Zazew members and who will be deemed under these circumstances to owe introductory fees to Zazew will be sent an invoice 14 days after the costs of their services to the member has been agreed between the two members concerned. Payment of the total introductory fees for services provided to each and all member(s) will become payable on the 7 days following the invoice date.
Editing services provided to members: (these include for example, grammatical, content and proofreading services) will be subject to an introductory fee of 20% of the total agreed cost to the member. If you decide to offer your services to the member free of charge, a minimum fee of £10 will become due and payable.
Payment of Royalties and Fees To/From our International members:
For members who are based outside of the United Kingdom, Zazew will pay royalties and fees in either US dollars or Euros. Members should inform Zazew support when royalties are due what their preferred currency is.
Conditions of Use of the Members Service Provider Selection System
Where a member requires services offered on the site by third party service providers, search, selection, interview and fee negotiation should take place using the site message based interview system. The system enables members and service providers to discuss project requirements and agree fees for the provision of any service. Any subsequent agreement made between members and service providers should be concluded in terms of service provided, timing and method of payment privately between the members and service providers concerned. Zazew will not be held liable in any way for any claims or actions between members, service providers or any other parties.
Member’s Site License to Zazew
Member grants Zazew a non-exclusive, worldwide, unlimited license to copy, display, render, distribute, transmit, store, and otherwise use the Content covered by this section for all purposes associated with Zazew’s operation of the Site and Zazew’s business (the “Site License”).
Member’s Archival License to Zazew
Member grants Zazew a non-exclusive, irrevocable, worldwide, perpetual license to store and maintain one or more copies and at our sole discretion of all Content (and additions, modifications, and revisions to Content) placed by Member on the Site (“Archival License”).
Assignment of Content to Assigned Authors or to Zazew
For all assignments of Content covered by this section, Member agrees as follows with respect to Assigned Authors or to Zazew
Removal of content from the Site
Subject to the terms of this Agreement, Member may remove from the Site Content authored by the Member except for Content that has been engaged with other members in a collaborative Project. For Collaborative Projects which have reached this stage, Member may not remove other authors’ contributions which form the content of the Project, which shall irrevocably remain subject to the Site License. Likewise, the Archival License shall continue to apply to all content notwithstanding the Member’s removal of Content from the Site
Right to remove Members content without consultation
Zazew may remove content from the site authored by the member if in the opinion of Zazew the content breaches our view of our ‘Community Use’ policy outlined below.
Notice of possible Copyright Infringement
If you are a copyright owner or an agent of a copyright owner and believe that any Content or other content on the Site infringes upon your copyrights, you may submit a notification to Zazew. In the following format
Copyright Complaints
13 Marriotts Walk
Stowmarket
Suffolk
IP14 1AF
United Kingdom
Limitation of Liability and Indemnification
The Site includes contact information for Members to notify Zazew of Content that is objectionable or in violation of this Agreement. However, Member agrees and acknowledges that Zazew cannot be aware of all such Content at all times. Member further acknowledges and agrees that Member may be exposed to Content that is inaccurate, offensive, indecent, or objectionable, and Member agrees to waive and does waive, any legal or equitable rights or remedies you have or may have against Zazew with respect of or to such Content.
viii. Does not offer or entice memes away from the site for the solicitation of services offered elsewhere either on or on the internet
In addition, you represent and warrant that you have the legal capacity to enter into this Agreement, and that the entering into of this Agreement does not conflict with any arrangements or agreements between you and any other person or entity.
Community Use
The person who created the Content is entirely responsible for it, and you are solely responsible for any Content you upload to Zazew. Since computers and other equipment (both yours and ours) are subject to occasional malfunction, you agree that you will not hold Zazew responsible for any inadvertent damage to, corruption of or destruction of the Content. Zazew is not responsible for backing up the Content. You are responsible for backing up, on your own computer, all Content. Zazew will not be responsible for archiving or backing-up any Content. If any Content transmitted to Zazew is damaged, lost or corrupted in any way, Zazew will have no obligation or liability to you. You are solely responsible for all Content you generate or forward to Zazew.
ii. Harm anyone, including minors, in any way;
iii. Use "spam," "blast-faxes," or recorded telephone messages to market or sell Content;
iv. Interfere with the operation of the Site via the use of viruses, programs or technology designed to disrupt or damage software or hardware;
v. Employ a robot, spider or other process or device to harvest e-mail addresses or other Member information or to monitor the activity on the Site;
vi. Impersonate another person or entity or to forge any e-mail communication or message; and
vii. Transmit or post Content that violates the terms described in the section of this Agreement specifically dedicated to Content.
Privacy
In general, Zazew collects Personal Data when you register with Zazew, when you use Zazew services and when you visit Zazew pages or pages related to the Content posted on Zazew pages. That information is used to fulfil your requests for products and services, to conduct research, to contact you, to contact those who might be interested in collaboration with you, to contact those who may wish to purchase your Content and to improve Zazew services. Zazew endeavours to limit access to your Personal Data to only those Zazew employees who reasonably need access to complete these purposes. You may view and edit your account information at any time.
ii. As necessary to investigate or prevent violations of the terms of this Agreement, suspected illegal activity or threats to the physical safety of another person;
iii. To Zazew's trusted partners who work on Zazew's behalf under confidentiality agreements;
iv. If Zazew is acquired by or merged with another company; and
v. Zazew will transfer your Personal Data to other countries where it does business, but will always treat your Personal Data according to the terms of Zazew's Privacy Pledge.
Zazew will set and access cookies to keep track of your login status. Please reference your browser's "Help" menu to learn how to change cookie preferences.
Your Personal Data does not include Your Zazew Membername, and any information you make available through your Public Contact settings. Your Zazew Membername and Public Contact information may be displayed on the site to other Members.
For a complete description of Zazew's use and disclosure of your Personal Data and our contact information, please review Zazew's Privacy Policy.
Returns
Projects completed and converted to PDF format and sold via Zazew whether in electronic or printed format, will be accepted for return only if it is damaged when received by the Member. If you receive an electronic file that is damaged in some way and is inoperable, we will be happy to provide a replacement copy. Please notify us by sanding en email to support@zazew.com detailing the problem and providing a copy of the PDF file.
Member Registration and Information
We want to make sure that you have correctly completed the information in the Member Registration form on the Site ("Member Information"). In the event that any of your Member Information changes in the future, please be sure to promptly update your Member Information on the Site. Remember, it is your responsibility to keep current all of your Member Information on the Site.
You will have the opportunity to select a Member ID and Password during the Member registration process. You are solely responsible in all respects for: (a) all use of the Site made using your Member ID and Password, and (b) maintaining the confidentiality of your Member ID and Password. Only one individual may access the Site at the same time using the same Member ID and Password. You agree to notify us immediately of any unauthorized use of your e-mail address, Member ID or Password or any other breach of security regarding the Site of which you are aware. Zazew may refuse to grant you a Member ID or Password that impersonates someone else, is protected by trademark or other proprietary right law, is vulgar or otherwise offensive, or for any other reason.
Retiring Content and/or Terminating Membership
If you wish to terminate your Membership, please contact support (support@zazew.com) with a specific request to do so.
When you choose to 'retire' or 'delete' your Content from Zazew, it will no longer be available or visible to other visitors. If your Content has never sold a copy or been used in a collaborative project, you can delete it from your Project List. The exceptions to your ability to remove Content are as follows:
i. Content that you have granted permission to other Members to incorporate into collaborative projects whether you or another member is the Project owner. If Content has been incorporated into another Project for sale on Zazew, then the derivative Project remains available even when the original Project is retired;
ii. Content retained in our archives to the extent required by our data backup systems or, at Zazew's discretion, for archival purposes. Zazew will, however, retain any of your Personal Data only for so long as is reasonably required to fulfil the purposes for which it was collected;
iii. Content that has been sold or used in another project may still be retired, but that Content will continue to appear on your Project List; and
iv. Content that you have made available to purchasers in electronic formats may also remain available on the Site (in purchasers' Downloads) to Members who have purchased that Content.
Zazew does not retain any residual rights to deleted or retired Project other than those outlined above.
If you choose to terminate your Membership, the terms above regarding the status of Content you have uploaded remain applicable.
Restrictions on Use of Content
If you purchase Content off the Site, you agree to the following restrictions with respect to such acquired Content and the information contained therein:
i. You can resell your own physical content (where you are the Project Owner at your discretion and at whatever price you want;
ii. You may not resell any other Content or otherwise profit from its use or display;
iii. If the Content you are selling as Project Owner contains content contributed by other parties, you may sell that content in accordance with the Terms in this membership agreement detailing royalties allocation. However, copyright for the content contributed by the collaborating authors will remain the property of the individual contributing author who contributed such content.
iv. Sharing, copying, adapting, redistributing, reconfiguring, modifying or creating derivative Project from the Content is permissible only if explicitly designated in the permissions included with the Content at purchase and only to the extent so explicitly designated. You agree to abide by any restrictions included with the Content;
v. The Content owners who sell Content through Zazew retain ownership of the copyrights or other licenses in the Content. You agree not to allow any other party to: resell, redistribute, sublicense, assign, delegate, or otherwise transfer this Agreement, the Content, any part thereof, or any related rights or obligations hereunder, to any third party; and
vi. You will not remove or obscure any proprietary rights notices contained in or on the Content.
International Members
Zazew makes no representation that material on the Site is appropriate to or available at locations outside of the United Kingdom. You may not use the Site or export the Contents in violation of laws of the United Kingdom export regulations. If you access this Site from a location outside of the United Kingdom, you are responsible for compliance with all applicable local laws.
Operation of Site
Technical, maintenance and other issues may make Zazew unavailable from time to time. Zazew makes no commitment, warranty or guarantee that the Site will operate in a timely, uninterrupted or error-free manner, or that the Site will meet Member's purposes. Zazew may also in its discretion modify the features, availability, operation and/or look and feel of the Site from time to time without notice to our Members.
Disclaimers
Everything on Zazew's Site and everything sold via the Site, including all software, services, information, materials, forums, tools and Content is offered by Zazew and its third-party licensors and content providers on an "as-is," "as-available" basis, without representation or warranty of any kind, including but not limited to the implied warranties of merchantability, non-infringement and fitness for a particular purpose. Without limiting the prior statement, Zazew cannot vouch for the quality, accuracy, completeness, or currentness of any Content or information sold or provided through the Site.
REGARDING DOWNLOADS, ZAZEW DOES NOT REPRESENT OR WARRANT THAT DOWNLOADING CONTENT OR USE OF THE SITE WILL BE SUCCESSFUL, AND DOES NOT REPRESENT OR WARRANT THAT ANY SUCH DOWNLOADING OR USE WILL NOT CAUSE DAMAGE TO YOUR COMPUTER, DATA, SOFTWARE, FILES OR PERIPHERALS. ZAZEW WILL NOT BE LIABLE FOR ANY DAMAGE TO YOUR COMPUTER, DATA, SOFTWARE, FILES OR PERIPHERALS THAT MAY BE CAUSED BY YOUR USE OF THE SITE AND DOWNLOADING CONTENT.
Limitation of Liability
In no event shall Zazew Ltd. or any of its officers, employees, directors, affiliates, agents or third-party licensors and content providers be liable to you or anyone else for any special, consequential, indirect, cover, punitive, incidental or similar damages (including, without limitation, lost profits, lost sales, or lost business) directly or indirectly related to or arising out of the Site, Content on the Site, or any transaction entered hereunder, whether in contract, tort or otherwise, even if Zazew or one of its officers, employees, affiliates or agents has been advised of the possibility of such damages. You agree that the liability of Zazew, its officers, employees, affiliates, and agents, if any, arising out of any kind of legal claim (whether in contract, tort or otherwise) in any way connected with any transaction entered hereunder or the Site shall not exceed the amount you paid to Zazew in connection with the transaction giving rise to such claim. Any action under this Agreement must be commenced within one (1) year after such cause of action occurs.
THE FOREGOING LIMITATION APPLIES TO THE ACTS, OMISSIONS, NEGLIGENCE AND GROSS NEGLIGENCE OF ZAZEW, ITS OFFICERS, EMPLOYEES, AFFILIATES AND AGENTS WHICH, BUT FOR THIS PROVISION, WOULD GIVE RISE TO THE CAUSE OF ACTION AGAINST ZAZEW IN CONTRACT, TORT, OR ANY OTHER LEGAL DOCTRINE. YOUR SOLE AND EXCLUSIVE REMEDIES UNDER THIS AGREEMENT ARE AS EXPRESSLY SET OUT IN THIS AGREEMENT. ANY WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS. YOU MAY ALSO HAVE OTHER RIGHTS, WHICH VARY FROM STATE TO STATE OR COUNTRY TO COUNTRY.
Indemnification
If someone takes Zazew to court as the result of something you did in violation of this Member Agreement, you will pay for any damages or costs assessed against or incurred by Zazew. In other words, you shall indemnify and hold Zazew harmless against all third party claims, demands, suits, actions, judgments, losses, costs, damages (direct, indirect and consequential), attorney's fees and expenses that Zazew may sustain or incur by reason of any breach or alleged breach of any representation, warranty, term or condition of this Agreement, and for any act or omission by you which is in any way related thereto.
Proprietary Rights
Zazew is the owner of all intellectual property rights, including all copyright, patents, and trademarks, associated with the Site, with all rights reserved, exclusive of Content provided by third parties (including Content), which is owned by the licensors of such Content. Zazew owns the design, format and layout of the Site. Zazew authorizes Members of this website to use the Site and to copy materials posted on the Site strictly for their own personal, non-commercial use, provided you maintain all notices of rights on the Content. Any and all other uses of the materials posted on the Site are prohibited. Giving you permission to make a copy for your own use does not mean that you can do anything else with the Content. In other words, your authorization from Zazew does not extend to use of the design, format, or layout of this website, which may be further protected under applicable trade dress, trademark, or copyright laws. All copyright, patent, trademark, and other intellectual property-related notices must remain affixed to any materials downloaded from this website. Failure to maintain such notices voids the authorization granted above. In granting this authorization, Zazew grants no other right, title, ownership, license, or other property interest in the materials and subject matter posted on the Site, and in any intellectual property rights protecting such materials and subject matter.
The Zazew logo and the names of all Zazew products and/or services as posted herein are either trademarks or service marks, or registered trademarks and/or service marks of Zazew.
Miscellaneous
This Agreement is binding. It cannot be changed, except as the Agreement describes, specifically including the Amendments section below, unless both parties agree to a change and that change is set out in a written document signed by both parties. The United Nations Convention on Contracts for the International Sale of Goods shall not apply to this Agreement.
No rights provided by this Agreement are lost or diminished because of lack of use of such rights.
Every provision of this Agreement is intended to be severable. If any section of this Agreement is found to be invalid or unenforceable, then such section will be deemed amended and interpreted, if possible, in a way that renders it enforceable. If such an interpretation is not possible, then the section will be deemed removed from this Agreement and the rest of this Agreement will remain in full force and effect.
This Agreement is governed by the laws of the United Kingdom, without regard to its "choice of law" provisions. The parties agree that any dispute that cannot be settled by good faith negotiation shall be submitted to arbitration in accordance with the rules of English Law. The location of the arbitration shall be London, United Kingdom. The arbitration shall be conducted by a single arbitrator with experience in computer/technology matters and in the publishing industry. The decision of the arbitrator shall be legally binding, shall not be subject to appeal, and shall be enforceable in any court of competent jurisdiction.
Except for payments due, if anything happens that is beyond reasonable control of either party (wars, sabotage, riots, labour disturbance, failure or delay of transportation, terrorist act, severe weather, natural disaster, act of God, etc.), then delays will be expected and performance may be excused. Zazew and its subcontractors or suppliers shall not be liable for any delay caused by the occurrence of such event beyond their reasonable control.
This Agreement does not designate either party as the agent, employee, legal representative, partner or joint venturer of the other party for any purpose whatsoever.
Term
This Agreement is effective until terminated. Zazew may terminate or suspend this Agreement immediately for any reason and without prior notice to you. You may contact support (support@zazew.com) with a specific request to do so. Your request to terminate will become effective within 30 days after receipt of your specific request has been acknowledged by Zazew. If you choose to terminate your Membership, the terms of this Agreement regarding any Content you have uploaded remain applicable. All provisions of this Agreement relating to payment, commissions, service fees, disclaimers, limitations of liability, indemnification, confidentiality, and proprietary rights shall survive termination.
Agreement and Amendments
By completing the registration process and using the Site, you are confirming that you have the full power and authority to enter into and perform in accordance with the terms of this Agreement. You also agree that this Agreement is a legal, valid and binding obligation, and that its terms and conditions can be enforced. We encourage you to print and keep a copy for reference.
Zazew may change the terms in this Agreement from time to time. When the terms are changed, Zazew will make a posting on the Site regarding the change. You agree to review the terms of this Agreement from time to time. If you do not agree to be bound by any future changes, you should promptly notify Zazew and discontinue your use of the Site. If you use the Site after Zazew has posted a change to these terms on the Site, you are agreeing to be bound by all of the changes.
Last Updated: 23/04/2009
