| TERMS AND CONDITIONS OF USE. |
This web site, including any sub
site accessible through the homepage, (the "Site")
is published and maintained by subsidiaries, affiliates
and/or related entities of Zikki publishing. You
can e-mail us at webmaster@zikkipublishing.com.
Please note that when you enter any sub site accessible
through this homepage or the shopping page, such
sub site may have its own terms and conditions
of use that is specific to such sub site. When
you access, browse or use this Site you accept,
without limitation or qualification, the terms
and conditions set forth below and any additional
terms and conditions of use set forth in any sub
site.
Your Right to Use the Site and
Its Contents
This Site is only for your personal
use. You may not distribute, exchange, modify,
sell or transmit anything you copy from this Site,
including but not limited to any text, images,
audio and video, for any business, commercial
or public purpose. As long as you comply with
the terms of these Terms and Conditions of Use,
Zikki publishing grants you a non-exclusive, non-transferable,
limited right to enter, display and use this Site.
You agree not to interrupt or attempt to interrupt
the operation of this Site in any way.
Ownership
All materials on this Site, including
but not limited to audio, images, software, text
and video clips (the "Content"), are
protected by copyright under U.S. copyright law,
international conventions, and other copyright
laws. You cannot use the Content, except as specified
herein. You agree to follow all instructions on
this Site limiting the way you may use the Content.
There are a number of proprietary logos, service
marks and trademarks found on this Site. By making
them available on this Site, Zikki publishing
is not granting you any license to utilize those
proprietary logos, service marks, or trademarks.
Any unauthorized use of the Content may violate
copyright laws, trademark laws, the laws of privacy
and publicity, and civil and criminal statutes.
You may download one (1) copy only
of the Content to be used only by you for your
personal use at home unless the sub site you are
accessing states that you may not. If you download
any Content from this Site, you may not remove
any copyright or trademark notices or other notices
that go with it.
Rules for Chat rooms, Guestbook, Bulletin Boards
and Other User-Supplied Material
This Site may have an area that
allows you to "chat" or upload and download
materials. When using any of these areas, you
agree not to post, send, transmit, upload or otherwise
publish through this Site, any materials that
(1) interfere with anyone else's use of the Site;
(2) are abusive, illegal, indecent, obscene, offensive
or threatening in any way; (3) encourage anyone
to break the law; (4) violate anyone's copyright
or other property right; (5) interfere with the
privacy of any other user; (6) contain a vZikki
publishingus or any other harmful component; or
(7) contain false or misleading statements of
fact or descriptions of the origin of the material
or the communication. You agree to comply with
any additional terms that are referred to on this
Site or any sub site within the Site.
Responsibility for User's Material
You are prohibited from posting
or transmitting any defamatory, libelous, obscene,
pornographic, profane, threatening or unlawful
material or any material that could constitute
or encourage conduct that would be considered
a criminal offense or give rise to civil liability,
or otherwise violate any law. Although Zikki publishing
may from time to time monitor or review bulletin
boards, chat rooms, discussions, postings, transmissions
and the like on the Site, Zikki publishing is
under no obligation to do so and assumes no liability
or responsibility arising from the contents of
any such communications or for any defamation,
error, inaccuracy, libel, obscenity or profanity
contained in any such communication. Zikki publishing
may change, edit, or remove any user material
or conversations that are illegal, indecent, obscene
or offensive, or that violates Zikki publishing's
policies in any way. Zikki publishing will fully
cooperate with any law enforcement authorities
or court order requesting or directing Zikki publishing
to disclose the identity of anyone posting such
materials.
Zikki publishing's Rights to User's Material
If you send any communications
or materials to the Site by electronic mail or
otherwise, including any comments, data, questions,
suggestions or the like, all such communications
are, and will be treated as, non-confidential
and non-proprietary. Thus, you give up any claim
that any use of such material violates any of
your rights including moral rights, privacy rights,
proprietary or other property rights, publicity
rights, rights to credit for material or ideas,
or any other right, including the right to approve
the way Zikki publishing uses such material.
Any material submitted to this
Site may be adapted, broadcast, changed, copied,
disclosed, licensed, performed, posted, published,
sold, transmitted or used by Zikki publishing
anywhere in the world, in any medium, forever.
Furthermore, Zikki publishing is free to use,
without any compensation to you, any concepts,
ideas, know-how or techniques contained in any
communication you send to the Site for any purpose
whatsoever, including but not limited to developing,
manufacturing and marketing products using such
information. However, you agree and understand
that Zikki publishing is not obligated to use
any such ideas or materials and you have no rights
to compel such use.
Transmitted Material
Internet transmissions are never
completely private or secure. You understand that
any message or information you send to this Site
may be read or intercepted by others unless there
is a special notice that a particular message
(for example, credit card information) is encrypted
(send in code). Sending a message to Zikki publishing
does not cause Zikki publishing to have any special
responsibility to you.
Links
This Site may contain links to
other Internet sites on the World Wide Web. Zikki
publishing provides such links for your convenience
only, and is not responsible for the content of
any site linked to or from this Site. Links from
this Site to any other site do not mean that Zikki
publishing approves of, endorses or recommends
that site. Zikki publishing disclaims all warranties,
express or implied, as to the accuracy, legality,
reliability or validity of any content on any
other site.
Contests
This Site may contain contests
that require you to send in material or information
about yourself or offer prizes. Each contest has
its own rules, which you must read and agree to
before you may enter.
Rules for Kids (Under Age 16)
If you are under 16, you should
ask your parents or a guardian before you:
E-mail the Site, or ask us to e-mail
anything to you;
Send in any information;
Enter any contest or game that
requires information about you or offers a prize;
Join any club or group;
Post any information on any bulletin
board or enter any chat room; or
Buy anything online.
Availability of Products and Services
The products and services displayed
on the Site may not be available for purchase
in your particular country or locality. The reference
to such products and services on the Site does
not imply or warrant that these products or services
will be available at any time in your particular
location. You should check with Zikki publishing
for the availability of specific products and
services in your area.
Zikki publishing's Right to Change These Terms
and Conditions of Use or Content on the Site
Zikki publishing may add to, change
or remove any part of these Terms and Conditions
of Use at any time, without notice. Any changes
to these Terms and Conditions of Use or any terms
posted on this Site apply as soon as they are
posted. By continuing to use this Site after any
changes are posted, you are indicating your acceptance
of those changes. Zikki publishing may add, change,
discontinue, remove or suspend any other Content
posted on this Site, including features and specifications
of products described or depicted on the Site,
temporarily or permanently, at any time, without
notice and without liability.
Indemnification
You agree to indemnify, defend
and hold Zikki publishing and all of its agents,
directors, employees, information providers, licensors
and licensees, officers and parent, (collectively,
"Indemnified Parties") harmless from
and against any and all liability and costs (including,
without limitation, attorneys' fees and costs),
incurred by the Indemnified Parties in connection
with any claim arising out of any breach by you
of these Terms and Conditions of Use or the foregoing
representations, warranties and covenants. You
will cooperate as fully as reasonably required
in Zikki publishing's defense of any claim. Zikki
publishing reserves the right, at its own expense,
to assume the exclusive defense and control of
any matter otherwise subject to indemnification
by you and you shall not in any event settle any
matter without the written consent of Zikki publishing.
Disclaimer of Warranties and Damages; Limitation
of Liability
YOUR USE OF THIS SITE IS AT YOUR
OWN RISK. THIS SITE (INCLUDING ALL CONTENT AND
FUNCTIONS MADE AVAILABLE ON OR ACCESSED THROUGH
THIS SITE) IS PROVIDED "AS IS." TO THE
FULLEST EXTENT PERMISSIBLE BY LAW, WITH REGARD
TO THE CONTENT ON THIS SITE, Zikki publishing
MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY
KIND WHATSOEVER (1) FOR THE ACCURACY, MERCHANTABILITY,
FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT
OF ANY CONTENT PUBLISHED ON OR AVAILABLE THROUGH
THE SITE, (2) THAT THE SERVER THAT MAKES THIS
SITE AVAILABLE IS FREE OF VIRUSES OR OTHER COMPONENTS
THAT MAY INFECT, HARM OR CAUSE DAMAGE TO YOUR
COMPUTER EQUIPMENT OR ANY OTHER PROPERTY WHEN
YOU ACCESS, BROWSE, DOWNLOAD FROM OR OTHERWISE
USE THE SITE.
UNDER NO CIRCUMSTANCES, INCLUDING
BUT NOT LIMITED TO Zikki publishing'S NEGLIGENCE,
SHALL Zikki publishing BE LIABLE FOR ANY CONSEQUENTIAL,
DIRECT, INCIDENTAL, INDIRECT, PUNITIVE OR SPECIAL
DAMAGES RELATED TO (A) THE USE OF, (B) THE INABILITY
TO USE OR (C) ERRORS OR OMISSIONS IN THE CONTENTS
AND FUNCTIONS OF THIS SITE, EVEN IF Zikki publishing
OR AN AUTHORIZED REPRESENTATIVE THEREOF HAS BEEN
ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME
STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION
OF CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE
ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO
YOU. IN NO EVENT SHALL Zikki publishing'S TOTAL
LIABILITY TO YOU FOR ALL DAMAGES, LOSSES AND CAUSES
OF ACTION (WHETHER IN CONTRACT OR TORT, INCLUDING,
BUT NOT LIMITED TO, NEGLIGENCE OR OTHERWISE),
EXCEED $100.00.
General Provisions
These Terms and Conditions of Use
and any additional terms posted on this Site together
constitute the entire agreement between Zikki
publishing and you with respect to your use of
this Site. Any cause of action you may have with
respect to your use of this Site must be commenced
within (1) year after the claim or cause of action
arises. If for any reason a court of competent
jurisdiction finds any provision of these Terms
and Conditions of Use, or portion thereof, to
be unenforceable, that provision shall be enforced
to the maximum extent permissible so as to effect
the intent of this agreement, and the remainder
of these Terms and Conditions of Use shall continue
in full force and effect. These Terms and Conditions
of Use shall be governed by and construed in accordance
with the laws of the State of California, United
States of America, without reference to its conflicts
of law rules.
Privacy Policy
This web site, including any sub
site accessible through the homepage, (the "Site")
is published and maintained by subsidiaries, affiliates
and/or related entities of Zikki publishing. You
can e-mail us at webmaster@zikkipublishing.com
when you enter any sub site accessible through
this homepage, such sub site may have its own
privacy policy, which is specific to such sub
site. When you access, browse or use this Site
you accept, without limitation or qualification,
the terms and conditions of any privacy policies
set forth in any sub site.
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