ZaWire Network User Agreement
Congratulations, on joining ZaWire.com. ZaWire.com is a system of Social Networking Websites designed for Individual Owner/Operators. ZaWire.com is offered to the Individual as a "Free" Website Service, or as a Business and Professional Development Enterprise. You may operate a social network, on a "Free Basis" for any lawful theme, subject or topic, however the real benefit of a ZaWire Social Networking Website is to operate it as a profit-centered business/professional enterprise. The operating system was specifically designed for the purpose of creating multiple profit centers.
This User Agreement ("Agreement") sets forth the legally binding terms for your use of the ZaWire Opertaing System ("ZaWire" "ZaWire.com" or "us"). BY REGISTERING AND USING THE ZAWIRE OPERATING SYSTEM YOU ARE AGREEING TO THIS USER AGREEMENT regardless if you are a "Visitor" (meaning that you simply browse a ZaWire website), or you are a "Member/Registrant" (meaning you have registered with ZaWire and/or operate a ZaWire website).
You are only authorized to use the ZaWire Operating System (regardless of whether your access or use is intended) if you agree to abide by all applicable laws and to this Agreement. Please read this agreement carefully. If you do not agree with this Agreement, you should leave the ZaWire Website immediately.
This Agreement includes ZaWire's policy for acceptable use of the ZaWire Websites and Content posted on the ZaWire Websites, your rights, obligations and restrictions regarding your use of a ZaWire Website
Usage Eligibility for Website
By using the ZaWire Operating System you represent and warrant that (a) all registration information you submit is truthful and accurate; (b) you will maintain the accuracy of such information; (c) you a 14 years of age or older; (d) you use of the ZaWire Operating System does not violate any applicable law or regulation. Your profile my be deleted and your privileges to operate a ZaWire Website may be terminated without warning, if we believe that you are under 14 years of age.
Free ZaWire Network Website Advertising Revenue Split & Responsibilities
ZaWire will place Google Adsense code on the "Free" ZaWire Network Websites. ZaWire and the Network Managers agree to split the advertising revenue from the Google Ads on a 50/50 basis. Each entity agrees they are responsible for establishing a legal Google account, and strictly abiding by Googles Terms of Service. ZaWire retains the right to disable any website that practices any form of "Click Fraud" or any other deceptive practices.
ZaWire agrees to be responsible for website hosting, data storage, security, data backup, operating system licensing and maintenance.
Network Managers agree to spend their best efforts to provide high-value, practical content, on a consistent and regular basis, for their ZaWire Network Website. They also agree to operate their ZaWire Network Website in an ethical and responsible manner.
Prohibited Activity/Satisfactory Use and Conduct
If you use ZaWire's free website, you agree NOT to include any advertising for anything other than your specific Network Website and the Google Adsense program under the rules ZaWire has provided for the 50/50 split for revenue sharing. This includes ads served via an ad-server service or Third Party Advertising of any kind, in any Network, Code, or Content you provide on ZaWire. ZaWire retains the right to place ads of its choosing on "Free Sites" and retain any revenue from placing such ads.
If you subscribed and pay applicable fees to ZaWire's Business and Professional Development Website you may run ads on your website to include third-party advertisements and retain all the revenue derived from your efforts.
You also agree NOT to post or make available any Code or Content for which you don't have sufficient rights to grant the licenses described herein. Among other things, this means that you may not include Code or Content from third parties that is subject to license terms that are incompatible with the licenses you grant under these Terms, such as GPL.
You also agree not to post, email, or otherwise make available any Network, Code, or Content that:
• Is unlawful, harmful, threatening, abusive, harassing, defamatory, libelous, invasive of another's privacy, or harms minors in any way
• Harasses, degrades, intimidates or is hateful toward an individual or group of individuals
• Impersonates a ZaWire employee or User or falsely states or otherwise misrepresents your affiliation with a person or entity
• Includes personal or identifying information about another person without that person's explicit consent
• Is false, deceptive, misleading, deceitful, or constitutes “bait and switch”
• Infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party, or Content that you do not have a right to make available under any law or under contractual or fiduciary relationships
• Creates, sends, or enables anything that constitutes or contains “chain letters,” “pyramid schemes,” or any advertisement that you are prohibited by law from sending
• Constitutes or contains any form of advertising or solicitation if (1) posted in Content; or (2) emailed to Users who have requested not to be contacted about other services, products or commercial interests
• Advertises any illegal services or the sale of any items the sale of which is prohibited or restricted by applicable law, including without limitation items the sale of which is prohibited or regulated by applicable law
• Contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment
• Disrupts the normal flow of dialogue with an excessive number of messages (flooding attack) to the ZaWire OS, or that otherwise negatively affects other Users' ability to use the ZaWire OS
• Employs misleading email or IP addresses, or forged headers or otherwise manipulated identifiers in order to disguise the origin of Content transmitted through the ZaWire OS
Additionally, you agree not to:
• “Stalk” or otherwise harass anyone
• Collect Personal Data about other Users for commercial or unlawful purposes
• Use automated means, including spiders, robots, crawlers, data mining tools, or the like to download data from Social Networks and the ZaWire OS - except for Internet search engines (e.g. Google) and non-commercial public archives (e.g. archive.org) that comply with our robots.txt file, or “well-behaved” web services/RSS/Atom clients. We reserve the right to define what we mean by “well-behaved”
• Post non-local or otherwise irrelevant Content, repeatedly post the same or similar Content or otherwise impose an unreasonable or disproportionately large load on ZaWire's infrastructure
• Attempt to gain unauthorized access to ZaWire's computer systems or engage in any activity that disrupts, diminishes the quality of, interferes with the performance of, or impairs the functionality of, the ZaWire OS
• Develop, invoke, or utilize any code to disrupt, diminish the quality of, interfere with the performance of, or impair the functionality of the ZaWire OS or any Network
Privacy and Spam
You agree to comply with all applicable laws with respect to
1. any collection, use, or disclosure of Personal Data (as that term is defined in the ZaWire Privacy Policy), and
2. email communications, including without limitation CAN-SPAM, applicable state laws, and applicable laws in non-U.S. jurisdictions.
You agree to comply with all relevant aspects of the ZaWire Privacy Policy. You agree not to collect or use Personal Data except as permitted by the ZaWire Privacy Policy. You agree not to use any Personal Data disclosed to you by ZaWire for any purpose other than using the ZaWire OS or a Network in accordance with this Agreement and the Privacy Policy. You agree not to harvest any email addresses from Networks or the ZaWire OS for the purpose of sending email in violation of applicable law. You agree not to knowingly collect any information from, or develop any Networks that are targeted at, children under the age of 13.
If ZaWire provides you, as a Network Manager, Personal Data about other ZaWire users, you agree to (1) comply with applicable law and ZaWire rules (including the Privacy Policy and anti-spam policy) with respect to such Personal Data and (2) to indemnify ZaWire for your use of such Personal Data.
ZaWire Operating System Policies
ZaWire may establish general polices and limits concerning use of the ZaWire OS (“ZaWire OS Policies”), including (and without limitation) the maximum number of days that Social Networks and uploaded Content will be retained, the maximum number of and size of Content files and objects (including email messages), the maximum disk space allotted to you (as a Network Manager) and to Users on your behalf by ZaWire, the maximum number of times and duration for which you may access the ZaWire OS or Social Networks in a given period of time, the maximum bandwidth used by your Apps or Content, and the maximum CPU power used by your Social Networks or Content. ZaWire reserves the right to log off or deactivate User accounts that are inactive for an extended period of time.
Copyright Infringement by Users
You, as a Network Manager, agree to promptly address any copyright owner's written notice (including any notices forwarded to you by ZaWire) that specified Content provided by User of a Network that you control infringes that third party's copyrights, provided that the notice substantially complies with the requirements in the ZaWire DMCA notice page. If you do not promptly remove the Content specified in the notice, ZaWire may remove the Content without any liability to you or to the User that posted such Content.
ZaWire maintains and enforces a policy of terminating the accounts of Users who are repeat copyright infringers.
Description & Definitions
ZaWire offers an Operating System (OS) for creating and operating your own Social Network Website.
Social Networks or Networks
are comprised of Code and Content. Networks are created by Users or by us and provided, through the use of the ZaWire Operating System, for Users to connect with other Users online. Social Networks include features such as User profiles, friends, comments, recommendations, forums, photo sharing, video sharing, reviews, ratings, people matching, and events, among others.
Users
are people who register on ZaWire to create, find, visit, use, and contribute to one or more Networks, which can include posting Content or responding to Content.
Network Managers
are Users who have created a Network on the ZaWire Operating System.
Code
is the source code (e.g., HTML or PHP code) used to provide the functionality behind Social Networks on the ZaWire Operating System. Code may be contributed by us, developed by a User, provided by another User, or any combination of the three. Public Code is Code that all Users may copy, modify, and use in other Networks.
Content
means any work of authorship (other than the Code and the user interface of a Social Network), including User profiles, comments, recommendations, forums, photos, videos, sounds, images, text, files, listings, postings, messages, or other materials posted on or transmitted through the ZaWire Platform or through any Network. Users upload Content to Social Networks. Social Networks, in turn, control Content.
Tags
are descriptions (words or phrases) you can assign to Content. You can assign as many Tags to Content as you like. You can also add, edit, and delete Tags that you've assigned.
Ownership of Code and Content
ZaWire does not claim any ownership rights in the Content or the Code you provide. You, as the Network Manager, own the Code you develop (“your Code”). You also own the Content you create and upload (“your Content”). After posting your Content or your Code, you continue to retain all ownership rights in such Content or Code, and you continue to have the right to use and license your Content and your Code in any way you choose.
This User Agreemet includes a number of licenses that are necessary for ZaWire to make your Network and your Content available through the ZaWire Operating System. For example, without the right to modify Content, ZaWire would not be able to format Content to meet technical requirements, and without the right to publicly perform or publicly display Content, ZaWire could not make the Content available for other Users to view.
Licenses to Code
We allow Code to be posted and used in Social Networks under a “ZaWire Code License” (which means the ZaWire Public Code License as applicable) or under the GNU Lesser General Public License (LGPL, but not the GPL), as described below. When you post Code to ZaWire, you may designate such Code, in the Code comments, as governed by the ZaWire Code License or the LGPL.
ZaWire may, but is not obligated to, review any Code to determine whether such Code is designated with the correct license, and ZaWire may change the comments for such Code (or any subpart of such Code) if ZaWire believes its designation is incorrect.
Unless the Code you post is third party Code and is governed by the LGPL (based on, for example, comments in the Code), the applicable ZaWire Code License will apply to the Code you post on ZaWire.
Public Code Licenses
Subject to the next paragraph, if you add Code to a Network for which you have not added the Private Code premium service called “Protect Your Social Network” (i.e., Public Code), you grant ZaWire and other Users on the ZaWire Platform a worldwide, fully sub-licensable, fully paid-up and royalty-free, perpetual, irrevocable license to use, reproduce, modify, distribute, publicly display, publicly perform, and create derivative works of that Public Code (“ZaWire Public Code License”).
If a Public Code component you post is third-party Code (in whole or in part) and is governed by the LGPL, you grant ZaWire and other Users on the ZaWire Platform a license to such Public Code under the LGPL..
At any point, you can take your Code from your Network and cancel your account, but the licenses to your Public Code will remain in effect. Therefore, you should only upload Public Code to the ZaWire Operating System you are comfortable sharing with others.
You acknowledge that ZaWire may independently develop Code that is similar to Code that you have developed. You agree not to sue ZaWire for infringement of your Code, even if ZaWire's Code is substantially similar to yours.
Licenses to Content
License from You
Your Content remains yours. We claim no ownership interest in the Content you provide on Networks running on the ZaWire Operating System. However, we also want to encourage sharing of Content between Users and Networks across the ZaWire Network. To this end, by uploading Content to a Network in which the Content is designated as Public Content, you grant to ZaWire and all other Users a nonexclusive license to reproduce, create derivative works of, distribute, publicly perform, and publicly display such Content on the condition that the Content is attributed in a manner specified by its author, if at all (a “Public Content License”).
If you upload Content to a Network in which the Content is designated as Private Content, you grant to ZaWire and all other Users of that Network a nonexclusive license to reproduce, distribute, publicly perform, and publicly display such Content on that Network (including any RSS feeds and other distribution that is part of such Network) (a “Private Content License”).
Unless you expressly state alternative applicable license terms in connection with your Content submission, the Public Content License will apply by default to Public Content and the Private Content License will apply by default to Private Content.
We should also mention that you are responsible for making sure that you have all rights in the Content you post that are necessary for you to grant everyone either the Public Content License or the Private Content License. (We'll cover this in more detail later.)
Lastly, if a Network is deleted, the Content associated with that Network may also be deleted at the discretion of the Network Manager. We would encourage you to be sure you are comfortable with this possibility before contributing Content to a Network.
License from ZaWire
ZaWire grants to you a Creative Commons Attribution License to the Content made available by ZaWire for which ZaWire owns the copyrights. In the event of a conflict between the Creative Commons Attribution License and these Terms, these Terms will control. ZaWire does not grant you any rights to another User's Code or Content.
License to use the ZaWire Operating System
During the term of these Terms, ZaWire grants you a limited, revocable license to use the software underlying and enabling the ZaWire Operating System as required for your use of the Social Networks built on top of it, subject to the terms and conditions of these Terms.
Proprietary Rights
Code and Content
You agree to comply with the license and restrictions applicable to each item of Code or Content you post, copy, access, or use.
You agree that all the intellectual property in the ZaWire Operating System, other than the Code and Content you provide, are owned by ZaWire or the applicable User(s). Except as expressly permitted under these Terms, you agree not to:
1. Modify, distribute, or create derivative works based on the ZaWire Operating System.
2. Run, rent, lease, loan, or sell access to the ZaWire Operating System.
3. Decompile, reverse engineer, or copy the ZaWire or any Network for which the source code is not provided to you or Code that is marked as Private Code; and
Trademarks
ZaWire, the ZaWire Operating System and other related graphics, our logo and sub-logos, ZaWire marks, and trade names used on the Zawire Operating System are the trademarks of Zawire and may not be used without permission. Other trademarks, ZaWire Operating System marks, and trade names that may appear on Zawire are the property of their respective owners.
Accounts, Passwords, and Security
You must be a registered User to create Networks on the ZaWire Operating System. Networks and their Network Managers, in turn, determine whether Users need to be registered with ZaWire to contribute Content in that Network. That is up to the discretion of the Network Manager. As a User, you are responsible for keeping your password secure. Names of Social Networks and ZaWire IDs are non-transferable. You will be solely responsible and liable for any activity that occurs under your ZaWire ID.
Content and Interaction
You agree to comply with the license and restrictions applicable to each item of Code or Content you post, copy, access, or use.
Content from other Users or advertisers is made available to you through Social Networks and the ZaWire Platform. Because ZaWire does not control such Content, you agree that ZaWire is not responsible for any such Content, including advertising and information about third party products or services.
Your interactions with other Users on the ZaWire Platform, including payment and delivery of goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and the User. Like with any web-based interaction, we suggest that you use caution and good judgment.
You agree that ZaWire is not responsible for any loss or damage incurred as the result of any such dealings or with respect to any other User's use or disclosure of your Personal Data (as defined in the Privacy Policy). If there is a dispute between you and any third party (including any User), ZaWire is under no obligation to become involved.
You release ZaWire, its officers, employees, agents and successors from claims, demands and damages of every kind or nature arising out of or related to: (i) any disputes with other Users, and/or (ii) the ZaWire Platform.
Business and Professional Development Websites
ZaWire offers Business and Professional Development Websites as described here on the ZaWire Operating System. If you choose to sign up for a the Business and Professional Development Website, you agree to pay the applicable fees and abide by any additional requirements or rules associated with that service.
Support and Performance
ZaWire.com provides documentation to assist Network Managers in creating and enhancing their Network(s). As a Network Manager, you are responsible for implementing and maintaining all support for your Network(s).
To enable a great experience for all Users on the ZaWire Operating System, you, as a Network Manager, must ensure your Network(s) don't unduly degrade the performance of the ZaWire Operating System. If your Network(s) exceed the quotas and limitations set by ZaWire (e.g., API calls or bandwidth) or otherwise degrade performance of the ZaWire Platform or other services in any way, we may suspend your Network(s) at our sole discretion.
Your Account
Term
These Terms of Service commence upon your acceptance of these Terms and continues until terminated. These Terms will automatically terminate if ZaWire decides, in its sole discretion, to discontinue the ZaWire Platform.
Deactivating Your Account
You may deactivate your ZaWire account at any time, for any reason, by following the instructions on ZaWire.
ZaWire has the right (at its sole discretion) to delete or deactivate your account, block your email or IP address, or otherwise terminate your access to or use of the ZaWire Operating System or any Network, or remove and discard any Code or Content within any Network, without notice and for any reason.
Effects of Deactivating An Account
Upon deactivating your account, these Terms terminates and your access rights to the ZaWire Operating System will immediately cease to exist. The Code for the Network(s) associated with your account will be deactivated; however, as previously mentioned, Code may remain on the ZaWire Operating System in other Social Networks that made a copy of your Public Code. For Content you wish to delete from the ZaWire Operating System, you can delete it by going to each of the Social Networks to which you've contributed. ZaWire is not responsible for deleting Content on your behalf. Note that, even if Code or Content is deleted from ZaWire's active servers, it may remain in archives. ZaWire will have no obligation to refund any fees paid for premium services.
Survival
The provisions under the following headings will survive termination of thses Terms for any reason: Licenses from You (under heading “Licenses to Code”), License from You (under heading “Licenses to Content”), Content and Interaction, Acceptable Use and Conduct, Privacy and Spam, Disclaimer of Warranties, Indemnity, and Limitation of Liability.
Changes to ZaWire and the ZaWire Operating System
ZaWire reserves the right at any time (and from time to time) to modify, suspend, or discontinue providing the ZaWire Operating System or any part thereof with or without notice. ZaWire will not be liable to you or to any third party for any modification, suspension or discontinuance of the ZaWire Operating System.
Disclaimer of Warranties
YOUR USE OF THE ZaWIRE OPERATING SYSTEM, AND ALL CODE AND CONTENT, ARE AT YOUR SOLE RESPONSIBILITY AND RISK. THE ZaWIRE OPERATING SYSTEM AND ALL CODE AND CONTENT ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. ZAWIRE AND EACH USER EXPRESSLY DISCLAIMS ALL REPRESENTATIONS, WARRANTIES, OR CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, SYSTEM INTEGRATION, QUIET ENJOYMENT, TITLE, AND NON-INFRINGEMENT. NEITHER ZaWIRE NOR ANY USER MAKES ANY WARRANTY THAT THE ZaWIRE OPERATING SYSTEM, OR AND CODE OR CONTENT WILL MEET YOUR REQUIREMENTS OR BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE.
Indemnity
You agree to indemnify, defend, and hold harmless ZaWIre, and its subsidiaries, affiliates, officers, agents, co-branders or other partners, and employees, from and against any claim, demand, loss, damage, cost, or liability (including reasonable attorneys' fees) arising out of or relating to
1. any Code or Content you submit, post, transmit, or make available through the ZaWire Operating System;
2. your use or misuse of the ZaWire Operating;
3. your connection to the ZaWire Operating System;
4. your violation of these Terms; or
5. your violation of any rights (including intellectual property rights) of a third party.
Limitation of Liability
YOU AGREE THAT ZaWIRE SHALL NOT BE LIABLE TO YOU FOR (A) ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES (EVEN IF ZaWIRE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM (i) THE USE OR THE INABILITY TO USE THE ZaWIRE OPERATING SYSTEM OR ANY CODE OR CONTENT, (ii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSION OF DATA; AND (iii) STATEMENTS OR CONDUCT OF ANY THIRD PARTY (INCLUDING ANOTHER USER) IN THE ZaWIRE OPERATING SYSTEM OR ANY CODE OR CONTENT; OR (B) FOR ANY DAMAGES ARISING FROM OR RELATED TO THESE TERMS IN EXCESS OF THE GREATER OF (i) $100 AND (ii) THE TOTAL AMOUNTS PAID TO ZaWIRE BY YOU IN THE THREE MONTHS IMMEDIATELY PRECEDING THE INITIAL NOTICE OF ANY CLAIM.
Updates to User Agreement
This agreement may be updated or changed by ZaWire from time to time upon ZaWire's posting of the amended Agreement on this page. If you do not agree to changes to the Agreement, you must notify ZaWire to terminate your account.
In addition to this Agreement, you will comply with all policies applicable to ZaWire and the ZaWire Operating System, which policies are (i) either posted in the ZaWire Operating System or provided to you and (ii) incorporated by reference into this Agreement.
General
ZaWire.com may delete any Content that in the sole judgement of ZaWire.com violates this Agreement or which may be offensive, illegal or violate the rights, harm, or threaten the safety of any person. ZaWire.com assumes no responsibility for monitoring the ZaWire Services for inappropriate Content or conduct. If at any time Zawire.com chooses, in its sole discretion, to monitor the ZaWire Services, ZaWire.com nonetheless assumes no responsibility for the Content, no obligation to modify or remove any inappropriate Content, and no responsibility for the conduct of the User submitting any such Content.
The failure of ZaWire to exercise or enforce any right or provision of these Terms does not constitute a waiver of such right or provision. If any provision of these Terms is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should try to give effect to the parties' intentions as reflected in the provision, and the other provisions of this User Agreement remain in full force and effect. Your ZaWire account is non-transferable. You may not delegate your duties under this Agreement or assign this Agreement, in whole or in part.
The other Users of the ZaWire Platform are intended third party beneficiaries of your obligations under this Agreement.
ZaWire may assign this Agreement to any successor or purchaser of ZaWire or all or substantially all of its assets.
If there are any disputes about or involving ZaWire.com, you agree that the dispute shall be governed by the laws of the State of Arizona, USA, without regard to conflict of law provisions and you agree to exclusive personal jurisdiction and venue in the state and federal courts of the United States located in the State of Arizona, City of Phoenix. Either ZaWire.com or you may demand that any dispute between ZaWire.com and you about or involving the ZaWire.com services must be settled by arbitration utilizing the dispute resolution procedures of the American Arbitration Association (AAA) in Phoenix, Arizona, USA, provided that the foregoing shall not prevent ZaWire.com from seeking injunctive relief in a court of competent jurisdiction.
This Agreement, which incorporates the ZaWire Privacy Policy and the ZaWire Policies, constitutes the entire agreement between you and ZaWire and governs your use of the ZaWire Operating System, superseding any prior agreements (whether written or oral) between you and ZaWire regarding the subject matter hereof.
Contact ZaWire
Users with questions about the ZaWire Privacy Policy and any other aforementioned statements may contact ZaWire in following ways:
Postal
ZaWire
5008 W. Northern Ave., Suite 6
Glendale, AZ 85301