2. Account Creation
3. Use of the Services
3.1 Obligations and Restrictions on Use
Your use of the Services is subject to the following restrictions and obligations:
- a) You may only use the Services for personal, educational, or other types of noncommercial uses.
- b) You may not sell, rent, or otherwise offer the Services to third parties, without Zeega’s prior written consent.
- c) Use of the Services in any way that is unlawful, fraudulent, defamatory, obscene or otherwise harmful, including, but not limited to, displaying any content in a manner that violates any applicable laws, statutes, or regulations, or that Zeega, in its sole discretion, finds to be obscene or defamatory is prohibited.
- d) You agree to comply with all applicable laws, including, but not limited to, any privacy laws, as well as Zeega’s policies when you use the Services.
- e) You may not reverse engineer, modify copy, build upon, or alter any portion of the Services, including, but not limited to, the Zeega Embeddable Player.
- f) You may not use the Services in any way that interferes with the operation of the Services or impacts any other User, host, or network, or circumvents any of the Services’ security protections.
Zeega is only intended for those over the age of 13, and by using or viewing the Services in any way you are affirming that you are at minimum 13 years of age. Zeega does not knowingly collect or retain any personal information for individuals under 13 years of age. Parents, if you believe that Zeega has unintentionally collected personal information regarding your child please contact Zeega at firstname.lastname@example.org so that Zeega can remove it.
4. Third-Party Services
Certain functions of the Services may allow you to link or provide you access to functions, content, sites, or services operated by third parties (collectively, “Third-Party Services”). Those Third-Party Services are subject to the terms and conditions and privacy policies of the third parties that provide them, and Zeega is not responsible for the privacy practices, content, or functionality of the Third-Party Services. You are solely responsible for reading and complying with any licenses, restrictions, privacy policies or other terms and conditions that govern the use of any Third-Party Services you choose to access, visit or link to through your use of the Services, and are solely liable for any violations of those terms and conditions that arise out of or relate to your use of the Third-Party Services.
5. User Content
5.1. Contributing Content
5.2 License to User Content
By submitting your User Content to the Services you grant Zeega a perpetual, irrevocable, world-wide, non-exclusive, fully paid-up, royalty-free, sublicenseable, and transferable license to use, reproduce, reformat, distribute, prepare derivative works of, display, and perform your User Content in connection with the Services. In addition, you grant all other Users a non-exclusive license to use, reproduce, distribute, display, and perform your User Content as part of a Zeega Project. For purposes of this Section, a “Zeega Project” means a multimedia project created by a User through the Services.
6. Copyright and Licensing
6.1. Copyright and Trademark Policy
6.2. Takedown Policy
Zeega respects the intellectual property rights of others and asks that Users do the same. Zeega does not host, copy, or cache any User Content displayed on the Services. If you are a rights-holder and believe that your rights have been violated in connection with User Content that is made available through the Services, please send an e-mail or written notice to Zeega’s designated agent for infringement claims with the following information, and Zeega will remove any links to the infringing Content from the Services.
- 1. An electronic or physical signature of a person authorized to act on behalf of the rights-holder.
- 2. A description of the work that you claim has been infringed.
- 3. A URL indicating where the claimed infringing material is located on the Services.
- 4. Your address, telephone number, and email address.
- 5. A statement by you declaring a good faith belief that the content use is not authorized by the rights-holder or its agent and is prohibited by law.
- 6. A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or an agent authorized to act on the copyright owner's behalf.
Zeega’s designated agent for notice for claims of infringement can be reached as follows:
- • By mail: Jesse Shapins, 364a Broadway, Cambridge, MA 02139.
- • By phone: (617) 396-4687
- • By email: email@example.com. This email is for takedown notices only. For all other inquiries, please contact Zeega at firstname.lastname@example.org.
Please be aware that you may need to separately notify the Third-Party Service hosting linked Content if you wish to remove the Content from their Third-Party Service as well.
6.3. Takedown Counter-Notice
If you receive notification that your User Content has been removed due to a takedown notice, you have an opportunity to appeal this removal if you believe that your User Content was removed in error. If you believe that the removed User Content does not violate any third-party rights, or you have authorization from the rights-holder or the rights-holder’s authorized agent to use the material in question, you may appeal the removal by sending an e-mail or written notice to Zeega’s designated agent with the following information:
- 1. Your physical or electronic signature.
- 2. Identification of the material that has been removed or to which access has been disabled, and the location at which the material appeared before it was removed or access to it was disabled.
- 3. A statement under penalty of perjury that you have a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material to be removed or disabled.
- 4. Your name, address, and telephone number, and a signed statement that you consent to the jurisdiction of state and federal courts in Suffolk County, Massachusetts, and that you will accept service of process from the party who made the initial infringement claim (or their authorized agent) if they choose to pursue legal action.
7. Content Removal and Account Termination
8. Warranty Disclaimer
ZEEGA EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, AND NON-INFRINGEMENT. THE SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE BASIS,” AND YOU USE THEM AT YOUR SOLE RISK. YOU ASSUME ALL RESPONSIBILITY TO PROTECT YOUR COMPUTER SYSTEMS OR ANY OTHER DEVICES YOU USE TO ACCESS THE SERVICES FROM DAMAGE CAUSED BY BUGS, VIRUSES, TROJANS, OR THE LIKE WHICH MAY BE TRANSMITTED FROM ZEEGA’S SERVERS. ZEEGA ASSUMES NO LIABILITY FOR THE ACCURACY, SUITABILITY, OR COMPLETENESS OF ANY CONTENT OR INFORMATION THAT MAY BE ACCESSED THROUGH THE SERVICES, WHETHER OR NOT PROVIDED BY ZEEGA OR ITS PARTNERS. ZEEGA DOES NOT GUARANTEE THAT THE SERVICES WILL BE AVAILABLE AT A GIVEN TIME. ZEEGA IS NOT RESPONSIBLE FOR ANY OFFENSIVE OR ILLEGAL CONTENT INCLUDED IN PICTURES, PHOTOGRAPHS, OR OTHER KINDS OF MEDIA INCORPORATED INTO USER CONTENT BY THIRD PARTIES. YOU ACKNOWLEDGE THAT THE VIEWPOINTS EXPRESSED IN YOUR USER CONTENT OR ON THIRD-PARTY SERVICES REPRESENT THE OPINIONS OF THOSE USERS AND THIRD-PARTY SERVICE PROVIDERS, AND ARE NOT ENDORSED BY ZEEGA IN ANY WAY.
9. Limitations of Liability
IN NO EVENT IS ZEEGA, ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS LIABLE FOR ANY DAMAGES OR LOSSES, WHETHER DIRECT, INDIRECT, INCLUDING, BUT NOT LIMITED TO, DIRECT, INDIRECT, CONSEQUENTIAL, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE, OR OTHER DAMAGES OF ANY KIND ARISING FROM OR RELATED TO THE SERVICES, INCLUDING, BUT NOT LIMITED TO, LOSSES RESULTING FROM LOSS OF DATA, PROPERTY DAMAGE, PERSONAL INJURY, LOSS OF GOODWILL, INABILITY TO USE OR ACCESS THE SERVICES, THIRD-PARTY CONDUCT ON THE SERVICES, OR ANY OTHER ACTIONS ASSOCIATED WITH THE USE OF THE SERVICE.
11. General Terms
11.2. Entire Agreement
11.3. Applicable Law and Forum
11.4. Location of Services
The Services are controlled and offered by Zeega from its facilities in the United States. Zeega makes no representations that the Services are appropriate or available for use in other locations. Those who access or use the Services from other jurisdictions do so at their own volition and are responsible for compliance with local law.
11.7. No Waiver
Last modified on July 18, 2012.