Zufzy’s Terms of Service
You are using a site operated by Emma Concepts International Inc. and its website site Zufzy.com (“the service”). Before you ('client') can use this or any of Emma Concepts International Inc.’s sites or services, you must agree to abide by the following terms. If you cannot or are unwilling to accept our terms, you are hereby prohibited from using our services and this website in its entirety.
Zufzy.com is a general interest website with a likeminded audience. Zufzy.com’s website (“the website”) contains information pertaining to website and other design and technical matters. This “terms of service” is a binding contract and therefore you must be legally competent before you can accept this contract.
Emma Concepts agrees to forego all copyright and intellectual property
ownerships of the newly created website, logo, brochure, or other created
material and pass all rights and responsibilities pertaining to such ownership
to Client.
Emma Concepts takes great care not to infringe on any copyright or trademark
when designing logos and websites for clients. However, Emma Concepts does not
conduct an official trademark or common law search on its logos and other
creations. The client is fully responsible for performing a trademark or common
law search (if so inclined) before finalizing a logo or website design and
agrees to indemnify Emma Concepts should any copyright or trademark claim arises
from such creations by Emma Concepts.
Client agrees to hand over all necessary hosting information to Emma Concepts
for uploading of the client’s site. Client further agrees to change all
passwords and take every effort to re-secure the hosting site after Emma
Concepts has uploaded the final website. Under no circumstances will Emma
Concepts be held responsible for damages or loss or other malfunctions to the
server while it is uploading the newly constructed site. Client needs to change
all passwords to the hosting account once the final project is uploaded by Emma
Concepts.
Limitation of Liability
Under no circumstances shall Emma Concepts, its subsidiaries, partners,
employees and officers be liable for indirect, special, or consequential damages
(or any loss of revenue, profits, or data) arising in connection with this
agreement, even if it has been advised of the possibility of such damages.
The liability of Emma Concepts, its partners, employees, subsidiaries and
officers as a result of any act or omission not amounting to a willful or
intentional wrong, including all attorney fees to client shall not exceed an
aggregate limit of $100, regardless of the legal theory under which such
liability is imposed.
Disclaimers
A. EMMA CONCEPTS MAKES NO EXPRESS OR IMPLIED WARRANTIES OR REPRESENTATIONS WITH
RESPECT TO THE SERVICE OR ANY PRODUCTS SOLD THROUGH THIS AGREEMENT (INCLUDING,
WITHOUT LIMITATION, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR
PURPOSE, MERCHANTABILITY, NON-INFRINGEMENT, OR ANY IMPLIED WARRANTIES ARISING
OUT OF A COURSE OF PERFORMANCE, DEALING, FUNCTIONALITIES CONTAINED IN THE
PROJECT DESIGNED, AND INTERRUPTION OF OPERATIONS OR TRADE USAGE). IN ADDITION,
EMMA CONCEPTS MAKES NO REPRESENTATION THAT THE OPERATION OF THE EMMA CONCEPTS
AND OTHER NETWORK SITES AND SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE, AND
EMMA CONCEPTS WILL NOT BE LIABLE FOR THE CONSEQUENCES OF ANY INTERRUPTIONS OR
ERRORS IN CONNECTION WITH THIS AGREEMENT.
Miscellaneous
Governing Law: The construction, validity and performance of this Agreement
shall be construed in accordance with, the laws of the State of California, and
the parties expressly waive its choice of law rules. Both parties further agree
to submit any claim arising out of, relating to, or regarding the validity of,
this Agreement, to binding arbitration administered by, and pursuant to the
rules of the American Arbitration Association (“AAA”) with expenses being paid
by the losing party, subject to 9.9. The arbitration shall be conducted by a
sole arbitrator and concluded within ninety 90 days. Judgment upon any AAA award
may be entered in any court having competent jurisdiction. The party against
whom enforcement is sought shall pay any costs incurred in the enforcement of
the arbitration award.
Severability: If any term or other provision of this Agreement is held to be
invalid, illegal or incapable of being enforced by any rule of law or public
policy, all other terms and provisions of this Agreement shall nevertheless
remain in full force and effect. Upon a determination that any term or other
provision is invalid, illegal or incapable of being enforced, the parties hereto
shall negotiate in good faith to modify this Agreement so as to effect the
original intent of the parties as closely as possible in a mutually acceptable
manner in order that the transactions contemplated hereby be consummated as
originally contemplated to the fullest extent possible.
Costs and Expenses: If any party brings an action against another party to
enforce rights under this Agreement, the prevailing party shall be entitled to
recover its reasonable costs and expenses incurred in connection with such
action and all appeals of such action, including, without limitation, reasonable
attorneys’ fees and costs.
Liquidated Damages: The fees payable by Client to Emma Concepts are for
non-refundable setup fees and cannot be pro-rated in the event of a material
breach, which will result in the termination of this agreement.
This agreement supersedes any previous agreement, discussion and other
communication between the two parties and serves as the only agreement between
the two parties.
AGE
Zufzy’s content is intended for adults and certain topics and areas may be unsuitable for children and lower teens. Therefore, you agree that the use of this website which may contain such unsuitable content is at your own risk. Zufzy.com will diligently try to (even though it is not obliged to) regulate sections that are intended for mature audiences.
UPDATES TO THESE TERMS OF SERVICE
You hereby agree to all future changes that we may or may not make to these terms.
Intellectual Property Rights
All content currently present on Zufzy.com is and will remain the sole property of Zufzy.com. The content is unambiguously protected under US and international copyright and trademark laws. Therefore, you may not copy, distribute, download, redistribute, or act in any such way that would violate our intellectual property rights.
All images, color combinations, design elements and other essentials found on our site are to remain sole property of Zufzy.com.
USE AT YOUR OWN RISK
You hereby agree that our services do not claim to be professional advice and therefore you agree to use this site, our services/ products and information you receive from us at your own risk.
SUBMITTING BUSINESS PLAN OR OTHER CONFIDENTIAL IDEAS/PLANS
Zufzy.com and its staff, parent company and it officers receive business ideas and plans on regular basis for the purpose of using such information in a website project or other legitimate uses. We cannot accept responsibility for keeping such information confidential unless a signed non-disclosure agreement (NDA) is in effect. Therefore, when you submit information that you deem proprietary, please keep in mind that we are not responsible for the misuse of such information outside of our explicit agreement to keep such information confidential.
All images, color combinations, design elements and other essentials found on our site are to remain sole property of Zufzy.com.
AGREEMENT TO DO WORK
Agreement to do any work is per terms of agreement that needs to be signed by both parties, Emma Concepts and Client. An agreement is not in effect unless it is accepted and signed by our staff. An unsigned conract presented by Emma Concepts to client expires two business days from the date it is delivered to the client. If the presented contract is not signed during that time, the agreement is deemed invalid.
DO’S AND DON’TS
Commonsense applies. You agree to use Zufzy.com for lawful purposes only. You may not engage in any of the following:
- violate any law, statute, ordinance or regulation or promote illegal activities;
- contain or promote obscene materials;
- promote violence;
- promote discrimination based on race, sex, religion, nationality, disability, sexual orientation, or age;
- contain content which is defamatory, trade libelous, unlawfully threatening or unlawfully harassing;
- sell or otherwise market fraudulent materials;
- Infringe any third party's copyright, patent, trademark, trade secret or other proprietary rights or rights of publicity or privacy.
PRIVACY POLICY
By using any of our sites including Zufzy.com some information is collected from you. This includes but not limited to, email address, IP address and placement of a cookie on your computer.
When you place comments in our blog section on Zufzy.com, you are required to verify your email before your comments become available online. This is to reduce spam. Your email address will not be shared by any third party.
We may occasionally send a newsletter to you using information you have submitted to us. If you are not interested in receiving such information, you will have a chance to remove yourself from the list immediately. This is an automated process however if for some reason you have tried to remove yourself but it has been unsuccessful, please email us so that we can make sure your email is removed.
Information you submit to us automatically becomes property of Emma Concepts and its subsidiary Zufzy.com. By submitting information you hereby give an irrevocable license to use your information on our site in any way we see fit.
If Emma Concepts or Zufzy is ever acquired by a different company, your information will be transferred to the new owner.
Cookies may be placed on your computer by us or our advertisers. We do not share such information with any third party.
Some of your information including but not limited to your IP address, internet provider, your destination page(s), times you have visited us and how you came on to our site (referrer) are collected for statistical purposes.
We value your information and would never willingly unveil such information unless required by law.
If we use links on our site that take you away from our site to another site, we cannot be held responsible for the destination site’s content.
