- YOUR ACCEPTANCE
- ADDITIONAL POLICIES
- The ZESTLY DMCA and Intellectual Property Infringement Policy.
- GRANT OF RIGHTS
- YOUR ACCOUNT AND ACCOUNT ACTIVITY
You are solely responsible for the activity that occurs on Your account, including the activities of others and regardless of whether such activities are authorized, and you are responsible for keeping Your account password secure. You may change Your password at any time. You agree to immediately notify ZESTLY if You suspect or know of any unauthorized use of Your password or account or any other breach of security. ZESTLY cannot and will not be liable for any loss or damage arising from Your failure to comply with this Section 4.
- USE OF YOUR ACCOUNT INFORMATION
- LINKED WEBSITES
The Website may contain links to third party websites that are not owned or controlled by ZESTLY ("Linked Websites"). Those links are provided for convenience only and may not remain current or be maintained. ZESTLY does not screen Linked Websites and has no control over, and assumes no responsibility for, the content, quality, suitability, functionality, legality, privacy policies, or practices of any Linked Websites. You acknowledge and agree that ZESTLY is not responsible for the content or privacy practices associated with Linked Websites and it is your responsibility to review those policies before accessing those sites. If you access a Linked Website, you do so at your own risk. By using the Website, You specifically release ZESTLY from any and all liability arising from Your access or use of any Linked Website, Your correspondence or dealings with other users, advertisers, partners, or other third parties found on or through the Linked Websites, and/or Your participation in promotions, sweepstakes, campaigns, or any other venture hosted, endorsed, or sponsored by other users, advertisers, partners, or other third-party parties outside the Website.
- USER SUBMISSIONS
The interactive nature of postings on the Website makes it impossible for ZESTLY to assume responsibility for any of the information, material, or content posted by users.
The ideas, suggestions, opinions, comments, chat, text, messages, and observations made by users of the Website ("Commentary"), the photographs, artwork, sketches, videos, designs, and images ("Artwork") and any other files, material or information provided to the Website by users (all of which are referred to as "User Submissions") are not endorsed by ZESTLY, and we make no guarantee regarding the reliability, accuracy, nature, origin, or quality of any User Submission that is posted on the Website. You acknowledge that You will evaluate and bear any risks related to Your User Submission, or Your use of any User Submission, including any reliance on the accuracy, completeness, or usefulness of such User Submission. All User Submissions posted to the Website are the sole responsibility of the person who originally posted the User Submission, and Your sole recourse for any damage You may suffer as a result of any User Submission, or any portion thereof, shall be to such individual, and not ZESTLY.
By posting a User Submission to the Website, You represent that: (i) You are the owner of the User Submission; or (ii) you have the right and license to use the User Submission; or (iii) the User Submission is in the public domain; or (iv) to Your knowledge, no one else claims ownership of, or exclusive rights to, the User Submission; and (v) You have the legal right to grant a license to ZESTLY to use the User Submission.
You hereby grant ZESTLY a worldwide, non-exclusive, royalty-free, sub-licenseable, and transferable right and license to use, reproduce, distribute, prepare derivative works of, display, and perform the User Submission (and derivative works thereof) in any media now known or hereafter developed.
If You choose to post a User Submission on the Website, we require that You adhere to generally accepted rules of etiquette and standards of behavior. You understand that ZESTLY does not guarantee any confidentiality with respect to any User Submission.
ZESTLY expressly disclaims any and all liability in connection with User Submissions. ZESTLY reserves the right to remove any User Submission in its sole discretion and without prior notice.
- LICENSE AND USE OF ARTWORK
ZESTLY’s services empower artists to earn money from their Artwork by making it immediately available for sale on a variety of products - without giving up control of their rights. You retain all of Your ownership rights, including all copyright and other intellectual property rights, in the Artwork you submit to the Website and to Your Artist Shop. The exception to this is Artwork submitted to the Website in a themed design challenge in which case the third party sponsor of the challenge may require ownership of all Artwork submitted in that challenge. Please refer to the rules applicable to any design challenge you enter.
By uploading Artwork to the Website, You grant ZESTLY the license above in Paragraph 7, and further agree that ZESTLY may: (i) display your Artwork on the Website and in magazines, television shows, movies, on the Internet, and other media; (ii) sell Your Artwork; and (iii) make modifications to your Artwork as necessary to prepare your Artwork for use in a particular product category or for other manufacturing purposes. In addition, you represent that ZESTLY may legally make and sell merchandise incorporating Your Artwork without being obligated to make any payments to, or obtain any permission from, any third party.
- IMPROPER USE OF WEBSITE
You may not, in connection with the Website:
- Upload, post, email or otherwise transmit any material that conflicts with our Community Safety & Anti-Hate Policies;
- 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, or racially or ethnically offensive;
- 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;
- 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;
- 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 any content on the Website;
- 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);
- Delete, add or otherwise change other people’s User Submissions;
- Remove or alter any copyright or other proprietary notices on or in connection with any content on the Website.
- 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 ZESTLY 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; and
- Access, monitor or copy any content or information from the Website using any robot, spider, scraper or other automated means or any manual process for any purpose. Notwithstanding the foregoing, ZESTLY 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. ZESTLY reserves the right to revoke these exceptions either generally or in specific cases, in its sole discretion.
- COMMUNITY GUIDELINES
To make sure that the community spaces on zestly.me, including, but not limited to any message boards, discussion groups, comments, and forums ("Community Spaces") are safe and respectful, the following policies apply to all Community Spaces:
- Respect other Users’ privacy. Private or personally identifying information should not be shared in Community Spaces or other public areas of the Website.
- Community Spaces may not be used to publicly disparage anyone, any User Submission, or any Artist Shop.
- Community Spaces may not be used to harass other users.
- You may not publish or post threats of violence, or promote or encourage others to engage in violence or illegal activity.
- Report abusive content to terms@ZESTLY if you see it.
You agree not to collect or use anyone else’s personally identifiable information ("Personal Information") including, without limitation, individual names, account names, email addresses, or other user-identifying information from the Website.
- MODIFICATIONS TO THE WEBSITE
ZESTLY 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, and to block You or anyone else from the Website, at any time in its sole discretion, provided, however, that ZESTLY has no obligation to update, store, maintain or correct any information on the Website. ZESTLY shall not be liable to You or to any third party for any modification, suspension or discontinuance of the Website.
ZESTLY may, in its sole discretion and without prior notice, immediately suspend, disable, or terminate Your account, with or without cause.
Termination of Your account may include: (i) removal of access to the Website; (ii) deletion of Your password and all related information, files and materials, including any User Submission associated with You or Your Artist Shop; (iii) barring further use of the Website; and (iv) closing your Artist Shop. Further, You agree that ZESTLY shall not be liable to You or any third party for any termination of Your account or access to the Website.
ZESTLY shall have no liability to you for any damages, loss of profits or other claims arising from the termination or suspension of your access to the Website, Your account, or Your Artist Shop.
- WARRANTY DISCLAIMER
- LIMITATION OF LIABILITY
IN NO EVENT SHALL ZESTLY, OR ANY PARENT, SUBSIDIARY, AFFILIATE, SUCCESSOR, DIRECTOR, OFFICER, EMPLOYEE, LICENSOR, DISTRIBUTOR, SUPPLIER, AGENT, RESELLER, OWNER, OR OPERATOR OF ZESTLY, 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, USER SUBMISSION, OR OTHER MATERIAL 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 ZESTLY SHALL NOT BE LIABLE FOR ANY 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 ZESTLY from its facilities in the United States of America. ZESTLY 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.
- SPECIAL PROVISIONS FOR USERS LOCATED OUTSIDE OF THE UNITED STATES
ZESTLY is a global community. Our servers and operations are, however, located in the United States, and our policies and procedures are based on United States law. As such, the following provisions apply specifically to users of the Website that are located outside of the United States: (i) You consent to the transfer, storage, and processing of your information, including but not limited to any personal information, to and in the United States and/or other countries; and (ii) if you are using the Website from a country sanctioned or embargoed by the United States, or are on the United States Treasury Department's list of "Specially Designated Nationals," you agree that you will not engage in financial transactions, or conduct any commercial activities using or through the Website.
- INTELLECTUAL PROPERTY OWNED BY ZESTLY AND ITS LICENSORS
The Website is owned by Zeitgeists Global Holding LLC. The Website and its original content, features, and functionality are protected by U.S. and international copyright, trademark, patent, trade secret and/or other intellectual property or proprietary rights laws. The Website displays trademarks owned by Zeitgeists Global Holding LLC, including but not limited to THREADLESS, and trademarks, copyrights, and other intellectual property owned by Website users, Artist Shop Owners, and other third party licensors (collectively, "Licensors"). No portion of the Website may be copied, reproduced, displayed, transmitted, or otherwise used for any purpose without the prior written permission of ZESTLY, or as otherwise agreed to in writing by the appropriate Licensor.
- CONTESTS, DESIGN CHALLENGES, PROMOTIONS
- LAW AND FORUM FOR DISPUTES
If You have a dispute with one or more Website users, You release ZESTLY (and ZESTLY's officers, directors, agents, subsidiaries, joint ventures and employees) from any claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such dispute. If You are a California resident, You waive California Civil Code §1542, which states: "A general release does not extend to claims which the creditor does not know or suspect to exist in his or her favor at the time of executing the release, which if known by him or her must have materially affected his or her settlement with the debtor."
- GENERAL, AMENDMENTS