1. Agreement to these Terms.
2. Agreement to Changes and Updates
3. Website Ownership
4. Restrictions on Use
6. Copyright Protection
7. Permitted Uses and Users
8. Your Resources
10. No Endorsement
11. No Medical Advice
13. Limitations of Liability
14. Protecting Information
17. Governing Law
1. AGREEMENT TO THESE TERMS.
This is a binding legal agreement between you and Z Living, a business unit of Asia TV USA Ltd. (collectively referred to as “Z Living”, “we”, “us” or “our”) governing your access and/or use of this website. You must read these terms in their entirety.
2. AGREEMENT TO CHANGES AND UPDATES
3. WEBSITE OWNERSHIP
This Website is owned and operated by Asia TV USA Ltd. Z Living, its parents, affiliated companies and parties that have granted us specific usage authorizations own the materials displayed on and contained within the website, including without limitation, information, content, editorial materials, advertisements, articles , images, text, tools, graphics, photographs, sound, illustrations, artwork, links, software, code, messages, communications, organization, designs, structures, compilations, libraries, magnetic translations, digital conversions, names, logos, trademarks, service marks, design elements, data, files, clips (audio and video clips), materials code and software (collectively, “Content”). Copyrights, trademarks, trade names, service marks and names and other proprietary rights and laws protect the Content.
4. RESTRICTIONS ON USE
Use of this Website or of any Content for any purpose not expressly permitted herein is prohibited. Visitors may not copy, download, reproduce, republish, upload, post, transmit, distribute, sell, license, rent, publicly display or perform, edit, store, re-use, adapt, incorporate or create a derivative work of, in any manner, any Content. Without limiting the restrictions in the preceding sentence, any copies that you make of the Content must retain all copyrights, trademarks, service marks and other proprietary notices and credit lines appearing with or on the site Content. Visitors may print or download the Content from this site only for personal, non-commercial use. Any use for commercial purposes is strictly prohibited. You do not acquire any ownership rights to any Content through your access to, or use of, this Website or the Content. You must comply with all applicable laws and regulations and all applicable copyright, trademark, and other legal notices, information, and restrictions contained in, attached to, or associated with, the Content.
You agree to use this Website and the Content only for their intended purposes, and you shall not:
Modify, decompile, reverse engineer, recreate, disassemble, or otherwise attempt to determine the makeup or source code of the Website or the Content, interrupt, destroy, alter, damage, delay or limit the functionality or integrity of this website or Content, including any associated software or hardware or make any unauthorized changes to the Website or the Content;
Embarrass, defame, slander, abuse, harass, stalk, threaten, or otherwise violate the legal rights (such as rights of privacy and publicity) of others;
Use the Website or the Content to publish, transmit, copy, reproduce, e-mail, post, upload, distribute, or disseminate any inappropriate, profane, vulgar, pornographic, sexually explicit, racist, libelous, false, defamatory, infringing, obscene, indecent, offensive, violent, hateful, disparaging, abusive, false or misleading, unlawful, or objectionable topic, name, material, or information;
Frame the Website or the Content, display the Website or the Content in connection with an unauthorized logo or mark, or do anything that could falsely suggest a relationship between Z Living and any third party or potentially deprive Z Living of revenue (including revenue from advertising, branding, or promotional activities);
Upload files that infringe on any patent, trademark, trade name, service mark or name, copyright, trade secret, rights of privacy of publicity, or other proprietary right;
Upload files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of another’s computer;
Conduct or forward surveys, contests, pyramid schemes, chain letters, junk mail, spam, unsolicited e-mail, or any advertising, promotional, or unauthorized communication except to the extent expressly contemplated by the Services;
Run Maillist, Listserv, any form of auto-responder on, or with respect to, the Website or the Content, or any processes that run or are activated while you are not logged in;
Falsify or delete any author attributions, legal, or other proper notices or proprietary designations or labels of the origin or source of software, or other material contained in a file that is uploaded; or manipulate identifier or numeric information to disguise the origin of any visitor, device, material, Content or other information
Impersonate another person or entity or use any fake name or identity;
Allow any other person or entity to use your identification for posting or viewing comments;
Restrict or inhibit any other user from using and enjoying the Website or the Content;
Violate any code of conduct or other guidelines that may be applicable to the Website or the Content;
Harvest or otherwise collect information about others, without their prior, express, and written consent;
Post or transmit, or cause to be posted or transmitted, any communication or solicitation designed or intended to obtain password, account, or private information from anyone;
Use any part of the Website or the Content to violate the security of any computer network, crack passwords or security encryption codes, transfer or store material that is deemed threatening or obscene, or engage in any kind of illegal activity;
Access or use the Website or the Content through an interface other than Z Living’s interface;
Link to the Website or the Content from another; or
Violate any applicable laws or regulations or rights, including intellectual property, privacy, or publicity rights.
You are responsible for all of your acts or omissions in connection with, relating to, and arising out of, the Website and the Content. You shall use the Website and the Content in a manner consistent with all applicable laws and regulations. Z Living shall have no duty to, and shall not investigate, your use or your right to use or access the Website or the Content.
By posting, uploading, inputting, providing, or submitting information or materials to or through the Website (collectively the “Submissions”), you represent and warrant that you own or otherwise control all of the rights to such Submissions (including the right to grant the rights granted by you in this section) and grant to Z Living and Z Living’s owners, parents, subsidiaries, affiliates, and partners an irrevocable, worldwide, transferable, perpetual, royalty-free, and fully paid-up license in and to the Submissions. Such permission includes the rights to use, distribute, edit, display, archive, publish, sublicense, perform, reproduce, make available, transmit, broadcast, sell, repurpose, translate, and create derivative works of the Submissions in any form, media, software, or technology of any kind now known or developed in the future, including for the purpose or purposes of developing, manufacturing, and marketing products. You waive any moral rights you may have in or to the Submissions. No compensation shall be paid to you with respect to the Submissions.
You further represent and warrant that the Submissions do not infringe any rights whatsoever of any third party. Although Z Living has no obligation to monitor the Submissions, Z Living reserves the right to review the Submissions at any time and from time to time and to refuse to post and to remove any Submission or such other materials in Z Living’s sole discretion (regardless of the reason).
6. Copyright Protection
The Digital Millennium Copyright Act (DMCA) provides recourse to copyright owners who believe that their rights under the United States Copyright Act have been infringed by acts of third parties over the Internet. If you believe that your copyrighted work has been copied without your authorization and is available on or in this website in a way that may constitute copyright infringement, you may provide notice of your claim to the Designated Agent listed below. For your notice to be effective, it must include the following information:
(a) A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
(b) A description of the copyrighted work that you claim has been infringed upon;
(c) A description of where the material that you claim is infringing is located on this website;
(d) Information reasonably sufficient to permit the Service provider to contact the complaining party, such as address, telephone number, and, if available, an e-mail address at which the complaining party may be contacted;
(e) A statement by you that you have a good-faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and
(f) A statement that the information in the notification is accurate and, under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed. The General Counsel should be contacted only if you believe that your work has been used or copied in a way that constitutes copyright infringement and such infringement is occurring in the Service. All other inquires to the General Counsel will not be answered.
7. Permitted Users and Uses
The Website and the Content are controlled from within the United States. Z Living does not make any representation that the Website or the Consent are appropriate or available for use in other locations. Anyone accessing the Website or the Consent from outside the United States does so on their own initiative and must bear all responsibility for compliance with local laws.
8. Your Resources
You are responsible for obtaining and maintaining all resources needed to connect to, access and use the Website and the Content, including hardware devices, software, and other Internet, wireless, broadband, phone, or other communication devices and connection services (collectively the “Resources”). You are also responsible for, and Z Living makes no representations, warranties, guarantees, or assurances as to, the compatibility of your Resources with the Website and the Content and for charges incurred in connection with your use and possession of the Resources. You should check with your applicable carriers to determine whether any limitations shall preclude or otherwise affect your use of the Website or the Content. You acknowledge and agree that, depending on your Resources and/or Resource provider(s), some or all of the Website and Content may not be available to you. Z Living shall not be responsible for any damage to, or loss of, any Resource. You shall ensure that the Resources do not interfere with the operation of the Website or Content. Z Living reserves the right to disconnect and terminate the Website and the Content if any Resource is found to be causing any such interference. You are responsible for enabling features and functions of the Resources that are required to use some or all of the Website and the Content.
Z Living may take any of the following actions in Z Living’s sole discretion at any time and for any reason without giving you prior notice:
(b)Change, modify, suspend, or discontinue the Website and the Content and the Website’s and the Content’s respective features and functionality, in whole or in part;
(c)Deactivate your accounts (if any) and delete all related information and files in your accounts (if any);
10. No Endorsement of Third Party Sites
11. No Medical Advice
This Website and the Content are provided for informational purposes only and are not meant to substitute for the advice provided by a doctor or other health care professional, and should not be construed to be the rendering of medical or related advice. You are, instead, responsible for obtaining your own competent medical advice from qualified providers at your own expense. You must not use the information available on or through the Website (including information that may be provided on the Website by wellness, healthcare or nutrition professionals employed by, or contracting with, Z Living) for diagnosing or treating a health problem or disease or for prescribing any medication. INFORMATION PROVIDED ON OR THROUGH THE WEBSITE OR THE CONTENT AND THE USE OF ANY PRODUCTS OR SERVICES PURCHASED FROM OR THROUGH THE WEBSITE OR THE CONTENT BY YOU DOES NOT CONSTITUTE A DOCTOR-PATIENT RELATIONSHIP BETWEEN YOU AND ANY OF THE HEALTHCARE OR NUTRITION PROFESSIONALS EMPLOYED OR AFFILIATED WITH Z LIVING OR THE WEBSITE. You agree and understand that information and statements regarding dietary supplements have not been evaluated by the United States Food and Drug Administration or by any other applicable governmental agency, that such information and statements are not intended to diagnose, treat, cure, or prevent any disease, and that all product packaging should be read carefully prior to use.
Z Living, and each of its licensors, service providers and suppliers, disclaim all liability for any inaccurate, delayed or incomplete information, and for any actions taken in reliance thereon. The information contained on the Z Living Website provided by any third party, including, without limitation, the information obtained through any link, has been supplied without verification by us. Z Living does not guarantee the accuracy, integrity, or quality of any Submissions or other user content or that such content will be entirely free of illegal, offensive, or otherwise inappropriate material or that users of the Website will not encounter inappropriate or illegal conduct from others.
Z LIVING DOES NOT WARRANT OR GUARANTEE THAT (i) THE WEBSITE OR THE CONTENT, OR ANY OF THEIR RESPECTIVE FEATURES OR FUNCTIONS, SHALL BE UNINTERRUPTED OR ERROR-FREE, (ii) DEFECTS SHALL BE CORRECTED, (iii) THE WEBSITE THE CONTENT OR THE SERVERS HOSTING THEM ARE FREE OF VIRUSES OR OTHER HARMFUL CODE, (iv) THE WEBSITE, THE CONTENT, OR THE INFORMATION AVAILABLE THROUGH THEM SHALL CONTINUE TO BE AVAILABLE, OR (v) ANY SPECIFIC RESULTS FROM USE OF THE WEBSITE OR THE CONTENT. Z LIVING DISCLAIMS ANY EXPRESS OR IMPLIED WARRANTIES OR CONDITIONS, INCLUDING RELATING TO ACCURACY, TIMELINESS, COMPLETENESS, NON-INFRINGEMENT, SATISFACTORY QUALITY, MERCHANTABILITY, MERCHANTABLE QUALITY OR FITNESS FOR ANY PARTICULAR PURPOSE OR THOSE ARISING BY LAW, STATUTE, USAGE OF TRADE, OR COURSE OF DEALING. THE WEBSITE AND THE CONTENT, AND ALL FEATURES AND FUNCTIONS MADE AVAILABLE ON, ACCESSED THROUGH, OR SENT FROM, THE WEBSITE AND THE CONTENT, ARE PROVIDED “AS IS,” “AS AVAILABLE,” AND “WITH ALL FAULTS” AND MAY INCLUDE TECHNICAL OR OTHER INACCURACIES OR TYPOGRAPHICAL ERRORS.
YOUR ACCESS TO, AND USE OF, THE WEBSITE AND THE CONTENT IS AT YOUR RISK. IF YOU ARE DISSATISFIED WITH THE WEBSITE OR THE CONTENT, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE ACCESSING AND USING THE WEBSITE AND THE CONTENT. IN NO EVENT SHALL ASIA TV BE LIABLE FOR ANY LOSS OR CORRUPTION OF DATA, AND Z LIVING HAS NO RESPONSIBILITY OR LIABILITY FOR THE DELETION OR FAILURE TO STORE ANY INFORMATION OR DATA AND OTHER COMMUNICATIONS OR OTHER CONTENT MAINTAINED OR TRANSMITTED BY OR THROUGH THE WEBSITE OR THE SERVICES.
YOU ACKNOWLEDGE AND AGREE THAT IF YOU INCUR ANY DAMAGES WHICH ARISE OUT OF, OR RELATE TO, Z LIVING’S ACTS OR OMISSIONS, THE DAMAGES, IF ANY, ARE NOT IRREPARABLE AND ARE NOT SUFFICIENT TO ENTITLE YOU TO AN INJUNCTION OR OTHER EQUITABLE RELIEF RESTRICTING EXPLOITATION OF ANY WEBSITE, PROPERTY, PRODUCT, PROGRAM, OR CONTENT OWNED OR CONTROLLED BY Z LIVING, INCLUDING THE WEBSITE AND THE CONTENT (INCLUDING THOSE INCORPORATING YOUR SUBMISSIONS).
YOU ACKNOWLEDGE AND AGREE THAT YOU MAY BE WAIVING RIGHTS WITH RESPECT TO CLAIMS THAT ARE UNKNOWN OR ARE UNSUSPECTED. ACCORDINGLY, YOU AGREE TO WAIVE THE BENEFIT OF ANY LAW, INCLUDING, TO THE EXTENT APPLICABLE, CALIFORNIA CIVIL CODE § 1542, THAT OTHERWISE MIGHT LIMIT YOUR WAIVER OF SUCH CLAIMS.
13. Limitations of Liability
NEITHER Z LIVING NOR Z LIVING’S OWNERS, PARENTS, SUBSIDIARIES, AFFILIATES, PARTNERS, SHAREHOLDERS, MEMBERS, MANAGERS, DIRECTORS, OFFICERS, EMPLOYEES, CONTRACTORS, AGENTS, INFORMATION PROVIDERS, SUPPLIERS, AGENTS, REPRESENTATIVES, OR ATTORNEYS SHALL, UNDER ANY CIRCUMSTANCES, BE LIABLE OR HAVE RESPONSIBILITY FOR ANY LOSS, HARM OR DAMAGE THAT RESULTS OR OCCURS FROM (i) USE OF OR ACCESS TO THIS WEBSITE OR CONTENT POSTED ON THIS SITE; (ii)ANY FAILURE OR INTERRUPTION OF THIS SITE; (iii) Any act or omission of any service provider or agent involved in making this Website or the content available to visitors (iv) any other cause related to a visitor’s access or use, or inability to access or use, any portion of this Website or content;(v) any content, materials, information, advice or opinions posted or uploaded on this Website, including any visitor reliance on such information; (vi)any security breach or any virus, bug, tampering, unauthorized intervention, fraud, error, inaccuracy, defect or technical malfunctions or (viii) any visitor’s failure to comply with these terms, whether or not the circumstances giving rise to such cause may have been within the control of Z Living. In no event will Z LIVING NOR Z LIVING’S OWNERS, PARENTS, SUBSIDIARIES, AFFILIATES, PARTNERS, SHAREHOLDERS, MEMBERS, MANAGERS, DIRECTORS, OFFICERS, EMPLOYEES, CONTRACTORS, AGENTS, INFORMATION PROVIDERS, SUPPLIERS, AGENTS, REPRESENTATIVES, OR ATTORNEYS BE LIABLE TO ANY VISITOR FOR ANY DIRECT, CONSEQUENTIAL, INCIDENTAL, INDIRECT, OR SPECIAL DAMAGES OF ANY KIND, OR ANY OTHER DAMAGES WHATSOEVER, INCLUDING THOSE ARISING FROM ANY DECISION MADE OR ACTION TAKEN BY YOU IN RELIANCE UPON THE WEBSITE OR CONTENT OR THOSE RESULTING FROM LOSS OF USE, DATA, OR PROFITS, WHETHER RESULTING FROM THE USE OF OR INABILITY TO USE THE WEBSITE OR THE CONTENT (OR A THIRD PARTY SITE LINKED TO THE WEBSITE), OR ANY OTHER CAUSE; AND EVEN IF CAUSED BY THE NEGLIGENCE OF Z LIVING OR BY THE NEGLIGENCE OF Z LIVING’S RESPECTIVE LICENSORS, SERVICE PROVIDERS, OR SUPPLIERS, AND EVEN IF ANY OF THEM HAS BEEN APPRISED OF THE LIKELIHOOD OF SUCH DAMAGES OCCURRING.
THE ABOVE LIMITATIONS AND EXCLUSIONS SHALL APPLY TO YOU TO THE FULLEST EXTENT THAT APPLICABLE LAW PERMITS, IN ALL ACTIONS OF ANY KIND, WHETHER BASED ON CONTRACT, TORT (INCLUDING NEGLIGENCE) OR ANY OTHER LEGAL OR EQUITABLE THEORY.
14. Protecting Information
The go.zliving.com Website has reasonable security measures in place to protect against the loss, misuse, and interception by third parties of the information under our control. However, complete confidentiality and security is not yet possible over the Internet. Z Living assumes no liability for any damages you may suffer as a result of interception, alteration, or misuse of any information transmitted over the Internet.
The Z Living names, designs, service marks, logos, trademarks, and other marks, and all third party names, designs, service marks, logos, trademarks, and other marks, appearing on the Website or on or through the Services or the Content are and shall remain the property of Z Living and their respective owners (as applicable). The use of any names, designs, service marks, logos, trademarks, trade dress, slogans, screen shots, or other brand features or marks owned by Z Living or any third party is prohibited without the prior written consent of Z Living or the applicable third party. If you are seeking permission to use names, designs, service marks, logos, trademarks, trade dress, slogans, screen shots, or other brand features or marks owned by Z Living, please contact Z Living by email at [email protected] or by mail at Z Living, 85 Broad Street, 18th Floor, New York, NY 10004 attn: GENERAL COUNSEL
17. Governing Law