ZAMDA TERMS OF USE
1. ACCEPTANCE OF TERMS
By accessing, browsing, or using any website, application, service, or resource operated by ZAMDA (collectively, the "Service"), you acknowledge that you have read, understood, and agree to be bound by these Terms of Use ("Terms"), our Privacy Policy, and all applicable laws and regulations, including but not limited to the laws of the United States and the State of California. If you do not agree to these Terms, you are prohibited from using or accessing the Service. Your continued use of the Service constitutes your ongoing acceptance of these Terms and any modifications thereto.
2. AGE REQUIREMENTS AND ELIGIBILITY
2.1 Minimum Age.
You must be at least 13 years of age to use the Service. By using the Service, you represent and warrant that you are at least 13 years old. If you are under 18 years of age (or the age of legal majority in your jurisdiction), you represent that your legal guardian has reviewed and agreed to these Terms on your behalf and assumes full responsibility for your compliance with these Terms.
2.2 Parental Consent Required for Minors.
If you are under 18 years of age, your parent or legal guardian must consent to these Terms. By permitting a minor to use the Service, the parent or legal guardian agrees to be bound by these Terms with respect to the minor's use of the Service and accepts full responsibility for all activities, charges, and obligations arising from the minor's use of the Service.
2.3 COPPA Compliance.
ZAMDA complies with the Children's Online Privacy Protection Act ("COPPA"). We do not knowingly collect, use, or disclose personal information from children under 13 years of age without verifiable parental consent. If we learn that we have inadvertently collected personal information from a child under 13 without parental consent, we will take immediate steps to delete such information. If you believe that a child under 13 has provided us with personal information without parental consent, please contact us immediately.
2.4 Account Termination for Age Violations.
ZAMDA reserves the right to immediately terminate, without notice or refund, any account found to be in violation of these age requirements.
3. MODIFICATION OF TERMS
ZAMDA reserves the right, at its sole discretion, to modify, amend, or replace these Terms at any time without prior notice. Any changes will be effective immediately upon posting to the Service. Your continued use of the Service following the posting of revised Terms constitutes your acceptance of such changes. You are responsible for reviewing these Terms periodically. If you do not agree to the modified Terms, you must discontinue use of the Service immediately.
4. USER ACCOUNTS AND REGISTRATION
To access certain features of the Service, you may be required to create an account. You agree to: (a) provide accurate, current, and complete information during registration; (b) maintain and promptly update your account information; (c) maintain the security of your password and account; (d) accept all responsibility for all activities that occur under your account; and (e) immediately notify ZAMDA of any unauthorized use of your account. ZAMDA reserves the right to suspend or terminate your account at any time for any reason, including violation of these Terms, without prior notice or liability.
5. PAYMENT TERMS AND BILLING
5.1 Authorization to Charge.
By providing payment information and posting paid content on the Service, you expressly authorize ZAMDA to charge your designated payment method (including credit cards, debit cards, or other payment accounts) for all applicable fees, charges, and taxes. You represent and warrant that you have the legal right to use any payment method you provide to us.
5.2 Fees and Taxes.
All fees are stated in U.S. Dollars and are non-refundable except as expressly provided herein. You are responsible for all taxes, duties, tariffs, value-added taxes, goods and services taxes, and assessments of any kind imposed by any federal, state, local, or foreign jurisdiction in connection with your use of the Service, and such amounts shall be charged to your payment method in addition to the stated fees. ZAMDA reserves the right to adjust fees at any time without prior notice.
5.3 NO REFUNDS - STRICT POLICY.
ALL FEES PAID FOR CONTENT POSTING, SUBSCRIPTIONS, OR ANY OTHER SERVICE ARE FINAL, NON-REFUNDABLE, AND NON-TRANSFERABLE UNDER ANY CIRCUMSTANCES. THIS INCLUDES, WITHOUT LIMITATION, FEES FOR CONTENT THAT IS SUBSEQUENTLY REMOVED, DELETED, REJECTED, OR SUSPENDED BY ZAMDA FOR ANY REASON, INCLUDING BUT NOT LIMITED TO: (a) VIOLATIONS OF THESE TERMS; (b) VIOLATIONS OF COMMUNITY GUIDELINES; (c) VIOLATIONS OF APPLICABLE LAW; (d) CONTENT DEEMED INAPPROPRIATE, HARMFUL, OR OBJECTIONABLE BY ZAMDA IN ITS SOLE DISCRETION; (e) TECHNICAL ERRORS; (f) ACCOUNT TERMINATION; OR (g) USER'S CHANGE OF MIND. YOU ACKNOWLEDGE AND AGREE THAT ZAMDA HAS NO OBLIGATION TO PROVIDE REFUNDS, CREDITS, OR COMPENSATION UNDER ANY CIRCUMSTANCES WHATSOEVER.
5.4 Absolute Right to Refuse or Remove Content.
ZAMDA reserves the absolute, unrestricted right to refuse, reject, remove, delete, suspend, or take down any content submission, publication, or posting at any time, before or after publication, for any reason or no reason whatsoever, without prior notice, explanation, hearing, or refund of any kind. This right may be exercised based on ZAMDA's sole judgment, discretion, and business interests, and shall not be subject to challenge, dispute, or appeal.
5.5 Recurring Charges and Auto-Renewal.
If you subscribe to any recurring billing plan or auto-renewable subscription, you authorize ZAMDA to charge your payment method on a recurring basis (monthly, annually, or at other specified intervals) until you cancel the subscription. You are solely responsible for canceling your subscription before the next billing cycle. Cancellation does not entitle you to any refund for fees already charged, including charges for the current billing period.
6. CONTENT POLICY AND USER CONDUCT
6.1 User Content Responsibility.
You are solely and exclusively responsible for all content you submit, post, transmit, or display on the Service ("User Content"). You represent and warrant that: (a) you own or have obtained all necessary rights, licenses, consents, permissions, and authorizations to use and authorize ZAMDA to use your User Content; (b) your User Content does not infringe, violate, or misappropriate any third party's intellectual property, privacy, publicity, or other rights; and (c) your User Content complies with all applicable laws and regulations.
6.2 License Grant to ZAMDA.
By posting User Content on the Service, you grant ZAMDA and its affiliates a worldwide, non-exclusive, royalty-free, fully paid, perpetual, irrevocable, transferable, and sublicensable license and right to use, host, store, reproduce, modify, adapt, edit, publish, translate, create derivative works from, distribute, perform, display, and otherwise exploit such User Content in any form, format, media, or distribution method now known or later developed, for any purpose, including commercial purposes, without further notice, consent, or compensation to you.
6.3 Prohibited Content and Conduct.
You agree not to submit, post, or transmit User Content that: (a) is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful, or racially, ethnically, or otherwise objectionable; (b) infringes any patent, trademark, trade secret, copyright, right of publicity, or other proprietary rights of any party; (c) contains software viruses, worms, Trojan horses, or any other computer code, files, or programs designed to interrupt, destroy, or limit the functionality of any computer software, hardware, or telecommunications equipment; (d) impersonates any person or entity; (e) constitutes unauthorized or unsolicited advertising; (f) violates any applicable law or regulation; or (g) ZAMDA determines, in its sole discretion, is objectionable.
6.4 Content Monitoring and Removal.
ZAMDA reserves the right, but has no obligation, to monitor, screen, review, flag, filter, modify, edit, refuse, reject, block, or remove any User Content at any time, for any reason or no reason, in ZAMDA's sole discretion, without prior notice. Removal or rejection of content does not entitle you to any refund, compensation, explanation, or appeal.
7. CALIFORNIA CONSUMER RIGHTS AND PRIVACY
7.1 California Consumer Privacy Act (CCPA) Rights.
If you are a California resident, you have certain rights under the California Consumer Privacy Act ("CCPA"), as amended by the California Privacy Rights Act ("CPRA"). These rights include: (a) the right to know what personal information we collect, use, disclose, and sell; (b) the right to request deletion of your personal information; (c) the right to opt-out of the sale or sharing of your personal information; (d) the right to correct inaccurate personal information; and (e) the right to limit the use and disclosure of sensitive personal information.
7.2 California Civil Code Section 1789.3.
Under California Civil Code Section 1789.3, California users are entitled to the following consumer rights notice: The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 1625 North Market Blvd., Suite N 112, Sacramento, CA 95834, or by telephone at (800) 952-5210 or (916) 445-1254.
7.3 Do Not Sell or Share My Personal Information.
California residents have the right to opt-out of the "sale" or "sharing" of personal information as defined under the CCPA. We do not sell personal information of minors under 16 years of age without affirmative authorization.
8. INTELLECTUAL PROPERTY RIGHTS
The Service and its entire contents, features, and functionality are owned by ZAMDA, 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 laws. You may not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any material from the Service without prior written consent from ZAMDA.
9. DISCLAIMER OF WARRANTIES
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE. ZAMDA DOES NOT WARRANT THAT THE SERVICE WILL BE SECURE, TIMELY, UNINTERRUPTED, OR ERROR-FREE, OR THAT ANY ERRORS WILL BE CORRECTED. NO ADVICE OR INFORMATION OBTAINED FROM ZAMDA SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS.
10. LIMITATION OF LIABILITY
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL ZAMDA, ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SUPPLIERS, OR LICENSORS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES ARISING OUT OF YOUR USE OF THE SERVICE. IN NO EVENT SHALL ZAMDA'S TOTAL LIABILITY EXCEED THE GREATER OF: (A) THE AMOUNT PAID BY YOU TO ZAMDA IN THE SIX (6) MONTHS PRECEDING THE EVENT GIVING RISE TO LIABILITY; OR (B) ONE HUNDRED DOLLARS ($100.00 USD).
11. INDEMNIFICATION
You agree to defend, indemnify, and hold harmless ZAMDA and its affiliates from any claims, liabilities, damages, losses, costs, or expenses (including reasonable attorneys' fees) arising from: (a) your use of the Service or breach of these Terms; (b) your User Content; (c) your violation of any third party rights; or (d) your violation of any applicable laws. This obligation survives termination of these Terms.
12. TERMINATION AND SUSPENSION
12.1 Termination by ZAMDA.
ZAMDA may terminate or suspend your access to the Service immediately, without prior notice or liability, for any reason, including breach of these Terms. Upon termination, your right to use the Service ceases immediately, and you will not be entitled to any refund.
12.2 Survival.
All provisions that by their nature should survive termination shall survive, including ownership provisions, warranty disclaimers, indemnification, and limitations of liability.
13. GOVERNING LAW, JURISDICTION, AND VENUE
These Terms shall be governed by the laws of the State of California and the United States, without regard to conflict of law principles. Any legal action must be instituted exclusively in the federal or state courts located in Sacramento County, California. You waive any objections to jurisdiction or venue in such courts.
14. DISPUTE RESOLUTION, ARBITRATION, AND CLASS ACTION WAIVER
14.1 Mandatory Binding Arbitration.
Except as provided in Section 14.4, any dispute arising from these Terms or the Service shall be resolved by binding arbitration administered by the American Arbitration Association (AAA) under its Commercial Arbitration Rules. The arbitration shall be conducted in Sacramento County, California.
14.2 CLASS ACTION WAIVER.
YOU AND ZAMDA AGREE THAT EACH PARTY MAY BRING CLAIMS ONLY IN AN INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY CLASS ACTION. The arbitrator may not consolidate more than one person's claims.
14.3 Opt-Out Right.
You may opt-out of this arbitration agreement by sending written notice within thirty (30) days of first accepting these Terms.
15. GENERAL PROVISIONS
15.1 Entire Agreement.
These Terms, together with our Privacy Policy, constitute the entire agreement between you and ZAMDA concerning the Service.
15.2 Severability.
If any provision is held invalid, the remaining provisions shall continue in full force.
15.3 No Waiver.
No waiver by ZAMDA of any term shall be deemed a continuing waiver.
15.4 Assignment.
You may not assign these Terms without ZAMDA's prior written consent. ZAMDA may assign these Terms at any time without notice.
CONTACT:
Sacramento, California, USA
E-mail: support@zamda.net
ZAMDA LLC
ACKNOWLEDGMENT: BY ACCESSING OR USING THE SERVICE, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO BE BOUND BY THESE TERMS OF USE. IF YOU DO NOT AGREE, DO NOT USE THE SERVICE.