Last modified and effective as of: September 12, 2022
By accessing or using the Services, you covenant, agree, represent and warrant as follows:
In accessing or using the Services, you agree not to, and will not permit any third party to:
The foregoing examples of prohibited activity are made solely for illustrative purposes and do not constitute an exhaustive list.
By accessing or using the Services, you acknowledge that use of the Services does not require and is not intended for the collection, storage, or other processing of Restricted Data (as defined below). You agree not to provide to Zenapse, or permit any third-party to provide to Zenapse on your behalf, or deploy the Services in a manner that results in the collection, storage or processing of, any Restricted Data. Without limitation of any of Zenapse's rights or remedies, your failure to comply with this requirement shall be deemed cause for termination in Zenapse's sole discretion. If Restricted Data is inadvertently provided, you shall promptly notify Zenapse in writing and provide all information necessary to identify such Restricted Data. "Restricted Data" means any confidential or personal information that is protected by law and that requires the highest level of access control and security protection, whether in storage or in transit, including, but not limited to: (a) government-issued identification numbers, including social security numbers or other tax identification numbers, driver's license numbers, passport numbers or other state-issued identification numbers; (b) unencrypted passwords or other authentication credentials or the combination of a username or email address along with a password or security question that would permit access to an online account; (c) protected health information, or any electronic protected health information (or other information subject to the HIPAA and HITECH Acts); (d) credit, debit or payment card information, financial or bank account information, or other information subject to PCI security standards; (e) data relating to a person under the age of sixteen (16) years old or subject to the Children's Online Privacy Protection Act of 1998, 15 U.S.C. 6501-6505; (f) data that is subject to regulatory or contractual handling requirements under the Gramm-Leach-Bliley Act; and (g) data classified as "special category data" (or similar term) under applicable privacy laws, including racial or ethnic origin, political opinions, religious beliefs, trade union membership, physical or mental health or condition, sexual orientation, genetic data, biometric data, or the commission or alleged commission any crime or offense about residents of Switzerland or any member country of the European Union.
Zenapse's name, the marks "ZENAPSE" and "ZENIMPACT," Zenapse's logos, and all related names, logos, product and service names, designs and slogans are trademarks of Zenapse or its affiliates or licensors. All other names, brands and marks are used for identification purposes only and are the trademarks of their respective owners.
The Services and their entire contents, features and functionality (including but not limited to all information, software, text, displays, images, video and audio, and the design, selection and arrangement thereof), are owned by Zenapse, its licensors or other providers of such material, and are protected by United States and international copyright, trademark, patent, trade secret and other intellectual property or proprietary rights laws. No right, title or interest in or to the Services or any content on the site is transferred to you, and all rights not expressly granted are reserved by Zenapse.
You acknowledge and agree that any questions, comments, suggestions, ideas, feedback or other information relevant to the Services ("Feedback") provided by you to us is non-confidential and we will be entitled to the unrestricted use and dissemination of this Feedback for any purpose, commercial or otherwise, without compensation to you. Zenapse may, from time to time, in its sole discretion, develop new products or services, based in whole or in part on user Feedback or the use of the Services by users, including you. You waive any rights relating to any such products or services, including any intellectual property rights, and agree not to assert any claim against Zenapse or anyone else related to the development, offering or use of such products or services, which are the sole property of Zenapse. Zenapse has no fiduciary or other obligations to you, and it is free to disclose any ideas or insights derived from the Services, or your use thereof, to anyone on a non-confidential basis without compensation.
The Services may enable you to submit, post, upload, or otherwise make available content such as reviews, questions, comments, public messages, audio, visual and video content, ideas, information, designs, features, business plans, inventions, product feedback, comments and other content (collectively, "User Materials"). By submitting such User Materials to or using the Services, you represent that you have the full legal right to provide the User Materials and that use of the User Materials by Zenapse and all other persons and entities will not: (a) infringe any intellectual property rights of any person or entity or any rights of publicity, personality, or privacy of any person or entity, including as a result of your failure to obtain consent to post personally identifying or otherwise private information about a person; (b) violate a law, statute, ordinance, or regulation of any country; (c) be defamatory, libelous or trade libelous, unlawfully threatening, or unlawfully harassing; (d) be obscene, child pornographic, or indecent; (e) violate any community or Internet standard; (f) contain any viruses, Trojan horses, worms, time bombs, cancelbots, or other computer programming routines that damage, detrimentally interfere with, surreptitiously intercept, or expropriate any system, data or personal information, or that facilitate or enable such or that are intended to do any of the foregoing; (g) result in product liability, tort, breach of contract, personal injury, death, or property damage; (h) constitute misappropriation of any trade secret or know-how or (i) constitute disclosure of any confidential information owned by any third party.
Upon your submission of User Materials or other material or information to Zenapse, you grant Zenapse, and Zenapse accepts, a worldwide, perpetual, non-terminable, irrevocable, freely transferable, license to access, use, distribute, perform, reproduce, display, modify, create derivative works based upon, and sublicense, and to permit others to access, use, distribute, perform, reproduce, display, modify, create derivative works based upon, and sublicense, the User Materials and any other material or information that you submit to the Services for the purpose of providing the Services, products and services and for all other business purposes of Zenapse. Zenapse may remove User Materials from the Services in Zenapse's sole discretion.
You acknowledge and agree that User Materials may be transferred by Zenapse and its agents, representatives, contractors, and licensees outside of any country, state or territory in which you may be located, including outside the United States. In addition, you acknowledge and agree that it is your obligation to inform third parties of the processing of their personal information in connection with the User Materials and to ensure that any required third parties have given their consent to such processing as required by all applicable law, including data protection legislation. You shall have sole responsibility for all User Materials, including the accuracy, quality, integrity, legality, reliability, appropriateness and copyright of all User Materials. You acknowledge and agree that when you share User Materials with third parties or make available User Materials to third parties, you allow the recipients to share, distribute, reproduce, display, and copy such User Materials. Zenapse is not obligated to maintain back-up copies of any User Materials.
Zenapse does not claim ownership of or responsibility for any User Materials, information, materials, comments, statements, content, services, products, or other posts by you or any other third parties on the Services (collectively, "Third Party Content"). Zenapse makes no representations, warranties, or covenants with respect to the accuracy, quality, timeliness, confidentiality, or security of any such Third Party Content. Zenapse has no obligation to review, correct, or update any Third Party Content and Zenapse is not liable for any inaccuracies or errors therein. Zenapse cannot and does not grant you any authorizations, licenses or other permissions with respect to any Third Party Content. If you would like to use any Third Party Content, we strongly recommend that you first contact the owner of that Third Party Content.
If the Services contain links to other sites and resources provided by third parties, such links are provided for your convenience only. This includes links contained in advertisements, including banner advertisements and sponsored links. We have no control over the contents of those sites or resources and accept no responsibility for them or for any loss or damage that may arise from your access to or use of them. If you decide to access any third party site via any link in the Services, you do so entirely at your own risk and subject to the terms and conditions of use for such site.
Zenapse is based in the State of Delaware in the United States, and the Services is operated from and offers its products and services within the United States. We make no claims that the Services or any of its content is accessible, lawful or appropriate outside of the United States. If you access or use the Services from outside the United States, or allow or facilitate such access or use, you do so on your own initiative and are responsible for compliance with local laws.
Deliberate attempts by you or anyone on your behalf to evade or circumvent the suspension or termination of your use of or access to the Services constitutes an unlawful trespass to our equipment and systems, and may result in legal action.
You understand that we cannot and do not guarantee or warrant that files or data available for downloading from the internet or the Services will be free of viruses or other destructive code. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to our site for any reconstruction of any lost data.
WE ARE NOT AND WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE SERVICES OR ANY ITEMS OBTAINED ON OR THROUGH THE SERVICES, OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY SERVICES LINKED TO IT.
YOUR USE OF THE SERVICES AND ITS CONTENT IS AT YOUR OWN RISK. THE SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. ZENAPSE HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT AND FITNESS FOR PARTICULAR PURPOSE. ZENAPSE MAKES NO WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY OR AVAILABILITY OF THE SERVICES OR ANY INFORMATION CONTAINED IN OR DERIVED FROM THE SERVICES. THE FOREGOING DOES NOT AFFECT ANY WARRANTIES THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
You may contact us by regular mail at Zenapse Inc., 55 Post Rd W, FLR 2, Westport, CT 06880.