Statement of Rights and Responsibilities
This is a legal agreement between zon26 and you that governs your use of the zon26 website. From time to time we may update, change, or add additional terms to this Statement of Rights and Responsibilities (“Statement”), and all of these terms, including updates, apply to you. By using or accessing zon26, you agree to this Statement. If you do not agree to this Statement, do not use the service. zon26 may refuse access by you to the website for noncompliance with any part of this Statement.
1. Privacy
Your privacy is very important to us. We designed our Privacy Policy to make important disclosures about how you can use zon26 to access information and share with others and how we collect and can use your content and information. We encourage you to read the Privacy Policy, and to use it to help make informed decisions.
2. Age Requirements For Use of zon26
(a) zon26 is only for people age 13 years or older. If you are between the ages of 13 and 18, you should review this Statement with your parent or guardian to make sure that your parent or guardian and you understand and accept everything in this Statement.
(b) zon26 is a general audience site that does not knowingly collect data or accept registration from children under 13.
3. Objectionable Material
(a) zon26 expects all artists to post warnings about any content or sound recordings posted to this site which may contain any offensive, explicit, indecent or objectionable material, and reserves the right to remove or disable any unlabeled content. However, you understand and agree that by using zon26, you may encounter music or other content that may be deemed offensive, explicit, indecent or objectionable, which may not have been labeled.
(b) You agree to use zon26 at your own risk.
(c) You also agree that zon26 has no liability to you for content, including music, that you may find offensive, explicit, indecent or objectionable. If you come across such content that is not labeled, we encourage you to contact us to let us know.
4. Safety
We do our best to keep zon26 safe, but we cannot guarantee it. We need your help to do that, which includes the following commitments:
1. You will not send or otherwise post unauthorized commercial communications (such as spam) on zon26.
2. You will not collect users' content or information, or otherwise access zon26, using automated means (such as harvesting bots, robots, spiders, or scrapers) without our permission.
3. You will not engage in unlawful multi-level marketing, such as a pyramid scheme, on zon26.
4. You will not upload viruses or other malicious code.
5. You will not solicit login information or access an account belonging to someone else.
6. You will not bully, intimidate, or harass any user.
7. You will not post content that is hateful, threatening, pornographic, or that contains nudity or graphic or gratuitous violence.
8. You will not develop or operate a third party application containing, or advertise or otherwise market alcohol-related or other mature content without appropriate age-based restrictions.
9. You will not offer any contest, giveaway, or sweepstakes ("promotion") on zon26 without our prior written consent. If we consent, you take full responsibility for the promotion, and will follow our Promotions Guidelines and all applicable laws.
10. You will not use zon26 to do anything unlawful, misleading, malicious, or discriminatory.
11. You will not do anything that could disable, overburden, or impair the proper working of zon26, such as a denial of service attack.
12. You will not facilitate or encourage any violations of this Statement.
5. Your personal information
13. zon26 does not require you to register in order to review certain content or use the site generally. Certain content, however, is restricted to registered users or our site. This restricted content includes music to be purchased.
14. If you register. You agree to provide true, accurate, current and complete information about yourself. You agree that you are at least age 13, and that you are not creating an account for anyone other than yourself without permission.
15. You will not share your password, let anyone else access your account, or do anything else that might jeopardize the security of your account. You are responsible for all activity taking place through your account, including amounts charged, items purchased, and content posted. If you become aware of any unauthorized use of your account or any threatened unauthorized use, you will notify us in writing immediately. We are not responsible for any losses caused by the unauthorized use of your account.
16. If zon26 becomes aware of any unauthorized use of your account, or any breach of this Statement by a user of your account, zon26 may immediately close your account and is not responsible for any losses arising out of your account.
6. Sharing Your Content and Information
You own all of the content and information you post on zon26, and you can control how it is shared through your privacy and application settings. In addition:
17. For content that is covered by intellectual property rights, like sound recordings, compositions, videos and photos ("IP content"), you specifically give us the following permission, subject to your privacy and application settings: you grant us a non-exclusive, transferable, sub-licensable, royalty-free, worldwide license to use any IP content that you post on or in connection with zon26 ("IP License"). This IP License ends when you delete your IP content or your account unless your content has been shared with others, and they have not deleted it.
18. When you delete IP content, it is deleted in a manner similar to emptying the recycle bin on a computer. However, you understand that removed content may persist in backup copies for a reasonable period of time (but will not be available to others).
19. When you publish content or information to our site everyone, including people who are not registered users of zon26, will have access to that information and we may not have control over what they do with it.
20. We always appreciate your feedback or other suggestions about zon26, but you understand that we may use them without any obligation to compensate you for them (just as you have no obligation to offer them).
21. By agreeing to this Statement, you expressly agree that zon26 may use your personal information to:
a. Deliver to you and bill you for zon26's content which you purchase, and to communicate with you concerning your account.
b. Improve our service to you by providing personalized content recommendations, personalized help or instructions.
c. Determine if you are complying with this statement.
d. Track content access, downloads and burns of the content for the purpose of paying royalties and license fees to third parties.
e. Ask you to participate in surveys about our services.
f. Provide you with content, services, instructions, and additional information based on personal information you provide such as your zip or postal code and any other personal information you share.
g. Provide you with news, free newsletters, updates, targeted advertising, promotions and other related offers.
22. zon26 does not knowingly use your personal information for anything other than that listed above. However, by agreeing to this statement, you agree that we may sell, rent or share your non-personally identifiable information to a third party. We may also disclose your personal information if required to do so by law or in the good-faith belief that that is necessary to comply with the law, follow a court order, comply with legal requirements, protect or defend the rights of zon26, or to protect any member of the public.
7. Protecting Other People's Rights
We respect other people's rights, and expect you to do the same.
23. You will not post content or take any action on zon26 that infringes or violates someone else's rights or otherwise violates the law.
24. We can remove any content or information you post on zon26 if we believe that it violates this Statement.
25. If we remove your content for infringing someone else's copyright, and you believe we removed it by mistake, we will provide you with an opportunity to appeal.
26. If you repeatedly infringe other people's intellectual property rights, we will disable your account when appropriate.
27. You will not use our copyrights or trademarks (including company logos, anything related to the website design, functionality, or layout), or any confusingly similar marks, without our written permission.
28. If you collect information from users, you will: obtain their consent, make it clear you (and not zon26) are the one collecting their information, and post a privacy policy explaining what information you collect and how you will use it.
29. You will not post anyone's identification documents or sensitive financial information on zon26.
8. Payments
30. You agree to pay for all content you purchase through our site and that zon26 may charge your credit card or PayPal account for any content purchased. You are responsible for the timely payment for all fees and for providing us with a valid credit card or PayPal account. All fees will be billed to your designated account at the time of your purchase.
31. Our artist members determine the prices and the availability of content on this site. That content may change at any time, in either the artist members' or zon26's sole discretion. We are not responsible for the unavailability of any content at any particular time.
32. You agree that your electronic submissions and purchasing content constitute your agreement and intent to be bound by and pay for your purchases. You agree to receive notices regarding this site, including notices of cancelation, policies, contracts and applications in electronic form.
9. Special Provisions Applicable to Artist Members
If you are a developer or operator of a the Hosted Site application or website, the following additional terms apply to you:
33. You are responsible for your content and all uses you make of the Hosted Site. This includes ensuring your application or use of the Hosted Site complies with our membership Agreement.
34. Your access to and use of data you receive from zon26, will be limited as follows:
1. You will only request data you need to operate your application.
2. You will have a privacy policy or otherwise make it clear to users what user data you are going to use and how you will use, display, or share that data..
3. You will make it clear to users what user data you are going to use and how you will use, display, or share that data.
4. You will not use, display, or share a user's data in a manner inconsistent with the user's privacy settings.
5. You will delete all data you received from us relating to any user who de-authorizes, disconnects, or otherwise disassociates from your application unless otherwise permitted in our the Hosted Site Guidelines.
6. You will delete all data you received from zon26 if we disable your application or ask you to do so.
7. We can require you to update any data you have received from us.
8. We can limit your access to data.
9. You will not transfer the data you receive from us (or enable that data to be transferred) without our prior consent.
35. You will not give us information that you independently collect from a user or a user's content without that user's consent.
36. You will make it easy for users to remove or disconnect from your application.
37. You will make it easy for users to contact you. We can also share your email address with users.
38. You will provide customer support for your application.
39. You will not show third party ads or web search boxes on zon26 user profiles or Pages.
40. We give you all rights necessary to use the code, APIs (along with all data received), or tools we provide to you, but only in connection with your application.
41. You will not sell, transfer, or sublicense our code, APIs, or tools to anyone.
42. You will not misrepresent your relationship with zon26 to others.
43. You may use the logos we make available to developers or issue a press release or other public statement so long as you follow our the Hosted Site Guidelines.
44. We can issue a press release describing our relationship with you.
45. You will comply with all applicable laws. In particular you will (if applicable):
1. have a policy for removing infringing content and terminating repeat infringers that complies with the Digital Millennium Copyright Act.
2. comply with the Video Privacy Protection Act ("VPPA"), and will obtain explicit, opt-in consent from users prior to sharing with zon26 user data subject to the VPPA. You acknowledge zon26 has no obligations under the VPPA.
46. We do not guarantee that the Hosted Site will always be free.
47. You give us all rights necessary to enable your application to work with zon26, including the right to incorporate content you provide to us into streams, profiles, and user action stories.
48. You give us the right to link to or frame your application and place content, including ads, around your application.
49. We can analyze your application, content, and data for any purpose, including commercial (such as for targeting the delivery of advertisements and indexing content for search).
50. To ensure your application is safe for users, we can audit it.
51. We can create applications that offer similar features and services to, or otherwise compete with, your application.
10. Amendments
52. We can change this Statement if we provide you notice and an opportunity to comment To get notice of any future changes to this Statement, visit our zon26 Site Governance Page and become a fan.
53. For changes, we will give you a minimum of seven days notice. All such comments must be made via email to info@zon26.com.
11. Termination
54. If you fail or we believe that you have failed to comply with any of the terms of this statement, we have the right to terminate this statement and your account and hold you liable for all amounts due under your account up to and including the date of termination, or to bar access to a part, but not all, of our site.
55. We also reserve the right to modify, suspend, or discontinue this site, or any part or content in it, at any time without notice to you. zon26 will not be liable to you or any third party should it exercise this right.
12. Disputes
56. You will resolve any claim, cause of action or dispute ("claim") you have with us arising out of or relating to this Statement or zon26 exclusively in a state or federal court located in San Francisco County. The laws of the State of California will govern this Statement, as well as any claim that might arise between you and us, without regard to conflict of law provisions. You agree to submit to the personal jurisdiction of the courts located in San Francisco, California for the purpose of litigating all such claims.
57. If anyone brings a claim against us related to your actions, content or information on zon26, you will indemnify and hold us harmless from and against all damages, losses, and expenses of any kind (including reasonable legal fees and costs) related to such claim.
58. WE TRY TO KEEP ZON26 UP, BUG-FREE, AND SAFE, BUT YOU USE IT AT YOUR OWN RISK. WE ARE PROVIDING ZON26 "AS IS" WITHOUT ANY EXPRESS OR IMPLIED WARRANTIES INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE DO NOT GUARANTEE THAT ZON26 WILL BE SAFE OR SECURE. ZON26 IS NOT RESPONSIBLE FOR THE ACTIONS, CONTENT, INFORMATION, OR DATA OF THIRD PARTIES, AND YOU RELEASE US, OUR DIRECTORS, OFFICERS, EMPLOYEES, AND AGENTS FROM ANY CLAIMS AND DAMAGES, KNOWN AND UNKNOWN, ARISING OUT OF OR IN ANY WAY CONNECTED WITH ANY CLAIM YOU HAVE AGAINST ANY SUCH THIRD PARTIES. IF YOU ARE A CALIFORNIA RESIDENT, YOU WAIVE CALIFORNIA CIVIL CODE §1542, WHICH SAYS: "A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR." WE WILL NOT BE LIABLE TO YOU FOR ANY LOST PROFITS OR OTHER CONSEQUENTIAL, SPECIAL, INDIRECT, OR INCIDENTAL DAMAGES ARISING OUT OF OR IN CONNECTION WITH THIS STATEMENT OR ZON26, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. OUR AGGREGATE LIABILITY ARISING OUT OF THIS STATEMENT OR ZON26 WILL NOT EXCEED THE GREATER OF ONE HUNDRED DOLLARS ($100) OR THE AMOUNT YOU HAVE PAID US IN THE PAST TWELVE MONTHS. APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY OR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. IN SUCH CASES, ZON26'S LIABILITY WILL BE LIMITED TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW.
13. Registration and Account Security
zon26 users provide their real names and information, and we need your help to keep it that way. Here are some commitments you make to us relating to registering and maintaining the security of your account:
59. You will not provide any false personal information on zon26, or create an account for anyone other than yourself without permission.
60. You will not use your personal profile for your own commercial gain (such as selling your status update to an advertiser).
61. You will not use zon26 if you are under 13.
62. You will not use zon26 if you are a convicted sex offender.
63. You will keep your contact information accurate and up-to-date.
64. You will not share your password, let anyone else access your account, or do anything else that might jeopardize the security of your account.
65. You will not transfer your account to anyone without first getting our written permission.
66. If you select a user name for your account we reserve the right to remove or reclaim it if we believe appropriate (such as when a trademark owner complains about a user name that does not closely relate to a user's actual name).
14. Special Provisions Applicable to Users Outside the United States
We strive to create a global community with consistent standards for everyone, but we also strive to respect local laws. The following provisions apply to users outside the United States:
67. You consent to having your personal data transferred to and processed in the United States.
68. If you are located in a country embargoed by the United States, or are on the U.S. Treasury Department's list of Specially Designated Nationals you will not engage in commercial activities on zon26 (such as advertising or payments) or operate a the Hosted Site.
15. Other
69. This Statement makes up the entire agreement between the parties regarding zon26, and supersedes any prior agreements.
70. If any portion of this Statement is found to be unenforceable, the remaining portion will remain in full force and effect.
71. If we fail to enforce any of this Statement, it will not be considered a waiver.
72. Any amendment to or waiver of this Statement must be made in writing and signed by us.
73. You will not transfer any of your rights or obligations under this Statement to anyone else without our consent.
74. All of our rights and obligations under this Statement are freely assignable by us in connection with a merger, acquisition, or sale of assets, or by operation of law or otherwise.
75. Nothing in this Statement shall prevent us from complying with the law.
76. This Statement does not confer any third party beneficiary rights.
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