Zamples Terms of Service

Zamples content is provided "as is" and is not supported by Zamples or other authors as described below.

1. Description of Service

The Zamples website (the "Site") is provided by Zamples, Inc. ("Zamples").  All software, information, communications, documentation, scripting, images, graphics and other materials and services found on the Site are either owned by Zamples and its licensors ("Zamples Materials") or are the Submissions (defined below) of authorized users of the Site (each a "Participant").  The Zamples Materials, the Submissions and the Zamples Software are referred to collectively as the "Materials".

2. License Grants

a. Zamples Materials

Subject to the terms and conditions set forth in these Terms of Service, Zamples grants you a limited, non-exclusive, non-transferable, revocable license to use, reproduce, modify and redistribute the Zamples Materials solely in connection with your licensed use of related Zamples products (the "Purpose").  You may freely incorporate the Zamples Materials in a program that you have written for any purpose.  You may only redistribute the Zamples Materials for other purposes provided that you (i) reproduce any copyright notices that appear on the Zamples Materials, (ii) clearly identify any modifications to the Zamples Materials as your own, (iii) effectively disclaim on behalf of Zamples and its licensors all warranties and conditions, express and implied, including warranties or conditions of title and non-infringement, and implied warranties or conditions of merchantability and fitness for a particular purpose, and (iv) effectively exclude on behalf of Zamples and its licensors all liability for damages, including direct, indirect, special, incidental and consequential damages, such as lost profits.  Zamples grants no rights not expressly set forth herein.  In the event any Zamples Materials are accompanied by different or additional license terms, your use of the Zamples Materials such different or additional terms shall control with regard to such Zamples Materials.

b. Submissions

You may post software or other content to the Site, with each such posting considered a "Submission", provided all such Submissions comply with the following terms: (a) you represent and warrant that you own all copyright and other intellectual property rights in the Submissions you post or have express written permission from the owner to do so; (b) you may not post any Submission that incorporates any component owned by and/or licensed from a third party (including without limitation open source components for which you do not own the copyright) unless you have express written permission from the owner to do so; (c) you have no knowledge of any claim of infringement or misappropriation with regard to the Submission, and (d) all Submissions of software code must be in source code form.  You agree to grant a non-exclusive license to all Participants to use, reproduce, modify, distribute, perform and display your Submission in accordance with the terms of the license grant set forth in Section 2a above as to Zamples Materials.

Zamples has no obligation to review any Submission, but may in its discretion elect to delete a Submission if it deems it technically inappropriate for any reason.

d. Conditions to License Grants.

All of the license grants set forth above are subject to the following conditions.  No redistribution right is granted as to the Materials. You acknowledge and agree that you have no right or license with regard to the Materials other than as expressly set forth in these Terms of Service.  These limited licenses terminate automatically, without notice to you, if you breach any of the terms of these Terms of Service.  Upon termination of this limited license, you agree to immediately destroy any Materials in your possession or control.  The Materials are protected by copyright and other intellectual property laws and by international treaties.  No rights are granted in the Materials except as set forth in these Terms of Service or, as to a Submission, in another controlling agreement provided by a Participant as to its Submission.

3. Prohibited Conduct

You may only participate in the Site and upload and use the Materials offered through the Site in accordance with the Zamples use policy ("Use Policy"), as set forth in this Section 3. You are responsible for the content of any comments, information, questions, data, computer code or programs, feedback, ideas, descriptions of processes or other information submitted through the Site by you. You may only submit to the Site content that is (i) owned by you, (ii) submitted with the express written permission of the owner, or (iii) in the public domain. You agree not to "frame" or "mirror" any Materials contained on or accessible from this Site on any other server or Internet-based device without the advance written authorization of Zamples, its licensors, or a Participant as to its own Submission, respectively. In addition, all material posted to the Site by you must be relevant to the specified software development project and must be in good taste as determined by common sense and the most restrictive community standards. The Site may not be used to:

• upload, post or otherwise transmit any data or content that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, pornographic, libelous, invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable;
• harm minors in any way;
• impersonate any person or entity, including, but not limited to, any Zamples official, forum leader, guide or host, or falsely state or otherwise misrepresent your affiliation with a person or entity;
• upload, post or otherwise transmit any content that you do not have a right to transmit under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);
• upload, post or otherwise transmit any content that violates any law or violates the personal, proprietary, or intellectual property rights or other rights of any third party;
• upload, post or otherwise transmit any unsolicited or unauthorized advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes,"or any other form of solicitation;
• upload, post or otherwise transmit any material that 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;
• interfere with or disrupt the Site or servers or networks connected to the Site, or disobey any requirements, procedures, policies or regulations of networks connected to the Site;
• "stalk" or otherwise harass another;
• collect or store personal data about other users;
• promote or provide instructional information about illegal activities, promote physical harm or injury against any group or individual. This may include, but is not limited to, providing instructions on how to assemble bombs and other weapons;
• disrupt the use of the Site for other Participants;
• offer for sale products or services; or disparage the products or services of any company or individual.

Zamples do not prescreen content that is posted to the Site; however, Zamples reserves the right to remove any content that fails to meet the foregoing Use Policy and to revoke your account.  Zamples further reserves the right to investigate complaints or reported violations of this Use Policy, and to take any appropriate action, including, without limitation, reporting and providing information of any suspected unlawful activity to law enforcement officials, regulators, or other third parties, including disclosing any information necessary or appropriate to such person or entities relating to user profiles, e-mail addresses, usage history, posted materials, IP addresses and traffic information.  When requested by law enforcement agencies, Zamples will cooperate in any investigation of alleged illegal activity.

To comment on this Use Policy or to report material or conduct that you believe is inappropriate, please contact oversight@Zamples.com.  If you believe that any work in which you own the copyright is being infringed by the Site or any Material, please provide notification in accordance with Section 9 ("Notice and Procedure for Making Claims of Copyright Infringement").

4. Third Party Interaction

In your use of the Site, you may enter into communications or correspondence with, purchase goods and/or services, or participate in promotions of advertisers or members or sponsors showing their goods and/or services on the Site.  Unless otherwise stated, any such correspondence, purchase or promotion, including the delivery of and the payment for goods and/or services, and any other term, condition, warranty or representation associated with such correspondence, purchase or promotion, is solely between you and the applicable third party.  You agree that Zamples has no liability, obligation or responsibility for any such correspondence, purchase or promotion between you and any such third party.  Notwithstanding the foregoing, you may not charge a fee in connection with the use of any Submission you contribute to the Site.

5. Compliance with Laws

You agree to comply with all applicable laws and regulations of the United States and foreign authorities, including, without limitation, laws regarding the transmission of technical data, such as encryption, exported from the United States or from the country in which you reside.  You agree not to export, re-export or import the Materials or any direct product thereof in violation of any such restrictions, laws or regulations, or without all necessary authorizations.

Neither the Materials nor the underlying information or technology may be downloaded or otherwise exported or re-exported (i) to Cuba, Iran, Iraq, Libya, North Korea, Sudan, Syria, or any other country subject to United States trade sanctions applicable to the Materials, to individuals or entities controlled by such countries, or to nationals or residents of such countries other than nationals who are lawfully admitted permanent residents of countries not subject to such sanctions; or (ii) to any named party or individual on the U.S. Department of Treasury, Office of Foreign Assets Control list of Specially Designated Nationals and Blocked Persons, and/or the U.S. Department of Commerce, Bureau of Export Administration Denied Persons List or Entity List.  By using the Site, you agree to the foregoing and represent and warrant that you comply with these conditions.

6. Registration Data And Privacy

Registration is required for you to access and use the Site and the Materials.  You must provide certain current, complete, and accurate information about yourself as prompted to do so by the registration form ("Registration Data"), and maintain and update such registration information as required to keep such information current, complete and accurate.  You warrant that the Registration Data is accurate and current, and that you are authorized to provide such Registration Data.  You authorize us to verify your Registration Data at any time.  If any Registration Data that you provide is untrue, inaccurate, not current or incomplete, Zamples retains the right, in their sole discretion, to suspend or terminate your rights to use the Site without prior notice to you.  The Registration Data that you provide is subject to the Privacy Policies of Zamples located on this Site.

7. Passwords and Security

At the time of registration, you must provide Zamples with your full first and last name, the name of your organization, if any, your username and your valid e-mail address.  You are responsible for maintaining the confidentiality of the password and account, and are fully responsible for all activities that occur under your password or account.  You agree to (i) immediately notify Zamples of any unauthorized use of your password or account or any other breach of security, and (ii) ensure that you exit from your account at the end of each session.  Zamples cannot and will not be liable for any loss or damage arising from your failure to comply with this Section.

8. Trademarks

Zamples, the Zamples logo and all Zamples product names are trademarks or registered trademarks of Zamples, Inc. or its Subsidiaries The ("Zamples Marks").  You agree not to display or use the Zamples Marks in any manner without prior written permission.

9. Notice and Procedure for Making Claims of Copyright Infringement

Zamples is committed to respecting the intellectual property rights of others, and we ask you do the same.  Zamples may, in its sole discretion, terminate the accounts or access rights of users who violate the intellectual property rights of others.  If you believe that your work has been copied in a way that constitutes copyright infringement on our Site, please deliver the following information to Zamples Copyright Agents:

• An electronic or physical signature of the person authorized to act on behalf of the copyright owner;
• A description of the copyrighted work that you claim has been infringed;
• A description of where the material that you claim is infringing is located on the Site;
• Your address, telephone number and e-mail address so that we can contact you;
• 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
• A statement by you, made under penalty of perjury, that the information in your notice to us is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf.

Zamples copyright agents for notice of claims of copyright infringement can be reached as follows:

By email:

copyrightnotification@Zamples.com

By mail:

Zamples, Inc.
Legal Department
Attn: Copyright Agent
144 24th Ave. #1
San Mateo, CA 94403

10. Links to Other Websites

The Site may provide links to other websites (collectively, "Third Party Website(s)").  Zamples is not responsible for the availability of such other Third Party Websites and do not endorse and are not responsible or liable for any content, products or other materials available on such Third Party Websites.  Links to Third Party Websites do not constitute an endorsement by Zamples of such Third Party Websites or the sponsors of such Third Party Websites or the content, products, advertising or other materials presented on such Third Party Websites. Zamples do not author, edit, or monitor these unofficial links and reserve the right to terminate any such link at any time.  You acknowledge and agree that Zamples shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any information, goods or services available on or through any such Third Party Website.  If you decide to access any of the Third Party Websites linked to the Site, you do so entirely at your own risk.

11. U.S. Government Restricted Rights

The Materials, including any related documentation, is provided with restricted rights for U.S. Government users.  Use, reproduction, or disclosure by the U.S. Government is subject to restrictions as set forth in FAR 12.212 (Commercial Computer Software) and DFAR 227.7202 (Rights in Computer Software and Computer Software Documentation), as applicable.

12. Disclaimer of Warranties

THE MATERIALS ARE PROVIDED TO YOU ON AN "AS IS" AND "AS AVAILABLE" BASIS FROM ZAMPLES, INC. AND OTHER PARTICIPANTS.  ZAMPLES AND OTHER PARTICIPANTS MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND WITH REGARDS TO THE MATERIALS MADE AVAILABLE ON THIS SITE. TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, ZAMPLES AND OTHER PARTICIPANTS DISCLAIM ALL WARRANTIES TO YOU, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND/OR NONINFRINGMENT.  YOU ASSUME THE ENTIRE RISK OF SELECTION AND USE OF THE MATERIALS AVAILABLE AT THE SITE. WITHOUT LIMITING THE FOREGOING, ZAMPLES AND OTHER PARTICIPANTS MAKE NO WARRANTY TO YOU THAT (i) THE MATERIALS WILL MEET YOUR REQUIREMENTS, (ii) THE MATERIALS WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE MATERIALS WILL BE ACCURATE OR RELIABLE, OR (iv) THE CONTENT OR INFORMATION AVAILABLE ON THE SITE IS COMPLETE, ACCURATE OR AVAILABLE.

You acknowledge and agree that this Site and the Materials may include inaccuracies or errors.  You agree that the Zamples and (except as expressly set forth in this Agreement) other Participants shall have no liability for any errors or omissions in the Materials.  Your use of the Site does not entitle you to any support services in connection with any of the Materials.

NO ADVICE OR INFORMATION OBTAINED BY YOU FROM ZAMPLES OR THROUGH THE SITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN.

13. Limitation of Liability

ZAMPLES AND THEIR RESPECTIVE SHAREHOLDERS, AFFILIATES, EMPLOYEES, AGENTS, SUCCESSORS, OFFICERS AND ASSIGNS AND OTHER PARTICIPANTS SHALL NOT BE LIABLE TO YOU FOR ANY LOSS, INCLUDING, WITHOUT LIMITATION, LOSS OF BUSINESS, LOSS OF USE OR OF DATA, INTERRUPTION OF BUSINESS, LOST PROFITS OR GOODWILL, OR OTHER INDIRECT, SPECIAL, INCIDENTAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES OF ANY KIND ARISING OUT OF YOUR USE OF THE MATERIALS, EVEN IF THEY HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS AND WHETHER OR NOT THEY HAD ANY KNOWLEDGE, ACTUAL OR CONSTRUCTIVE, THAT SUCH DAMAGES MIGHT BE INCURRED.  THIS EXCLUSION INCLUDES ANY LIABILITY THAT MAY ARISE OUT OF THIRD-PARTY CLAIMS AGAINST YOU.

YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY DISPUTE WITH ZAMPLES IN CONNECTION WITH THE MATERIALS IS TO CEASE YOUR USE OF THE MATERIALS.

In the event any claim or action for damages were permitted by you arising under or relating to this Agreement, the Site or the Materials, the total liability of Zamples and/or any other Participant is limited to a maximum of five hundred dollars ($U.S. 500).

No claim or action of any kind arising out of or relating to the Site or the Materials may be brought by you against the Zamples or any other Participant more than twelve (12) months after the occurrence of the facts upon which your claim is based.

The foregoing disclaimers and limitations of warranties and liabilities are an essential part of the consideration for this Agreement, without which Zamples would not make the Site and Materials available.

14. Exclusions and Limitations

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE EXCLUSION OR LIMITATION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS OF SECTIONS 12 AND 13 MAY NOT APPLY TO YOU.

15. Indemnity

You shall indemnify, defend, and hold harmless Zamples and their respective shareholders, affiliates, employees, agents, successors, officers, and assigns and other Participants, from any suits, losses, claims, demands, liabilities, costs and expenses (including attorney and accounting fees) that they may sustain or incur as a result of your use of the Materials.

16. Termination

You agree that Zamples may, at their sole discretion, deny You access to the Site and disable any user name and password associated with You for any reason, including, without limitation, if Zamples believe that You have violated or acted inconsistently with the terms and conditions of the Terms of Service, without any prior notice to you.  Zamples reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Materials offered through the Site (or any part thereof) with or without notice.  You agree that Zamples shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Materials offered through the Site.

17. Notice

Notices to you may be made via e-mail.  Zamples may also provide notices to you by displaying notices or links to notices on the Site.

18. General Provisions

a. Governing Law, Jurisdiction and Venue

The Site (excluding any linked Third Party Sites) is controlled by Zamples from their offices within the State of California, United States of America.  The parties agree that the laws of the State of California, without regard to the conflicts of laws principles thereof, shall govern all matters relating to access to, or use of, the Site and the Materials available through the Site.  The parties specifically disclaim the U.N. Convention on Contracts for the International Sale of Goods.  The parties agree that any action brought by the parties to enforce or interpret any provision of the Terms of Service may be brought in an appropriate California state court or in the United States District Court for the Northern District of California.  The parties hereby irrevocably consent to the personal and other jurisdiction of such courts and waive any objection thereto.  Zamples makes no representation that the Site is appropriate or available for use in other locations, and accessing the Site from territories where its contents are illegal is prohibited.  Those who choose to access the Site from other locations do so upon their own initiative and are responsible for compliance with local laws.

b. Revision to the Terms of Service

You agree that Zamples can revise the terms controlling use of the Site at any time without notice by updating the agreement posted on the Site.  You agree that your continued use of the Site after such modifications have been made constitute your acceptance of such revised terms.

c. Force Majeure

No party shall be responsible for any delays caused by acts of God or any other cause beyond its reasonable control, including but not limited to such things as strikes, riots, acts of war or terrorism, restricting legislation, embargo, blockage, work stoppage, major outage of a public communications carrier, etc.  Any delay caused by one party hereto which affects any other party's ability to perform according to the terms of the Terms of Service shall extend the non-delaying party's obligation to perform by the same number of days by which the delaying party delayed in performing its obligations.

d. Severability / Waiver

Each provision of the Terms of Service is severable; if any provision is declared void, illegal, or unenforceable, such provision shall be modified by the appropriate judicial body to the minimum extent necessary to render it valid, legal, and enforceable while effectuating insofar as possible the basic purposes of such provision.  The remaining provisions shall remain in full force and effect.  No delay, omission, or failure to exercise any right or remedy provided for in the Terms of Service shall be deemed to be a waiver thereof or an acquiescence in the event giving rise to such remedy (but every such right or remedy may be exercised as the party exercising such right or remedy deems expedient).

e. Entire Agreement / Survival

The Terms of Service constitute the entire agreement between Zamples, on the one hand, and you, on the other, with respect to use of the Site and Materials and supersedes all prior agreements, representations and/or previous discussions (written or oral) between the parties.  The Terms of Service have been written in the English language and, in the event of any conflict or inconsistency between the English-language version and any translation hereof, the English language version shall prevail.  Any provision in the Terms of Service that may reasonably be interpreted as being intended by the parties to survive the termination or expiration of the Terms of Service shall survive any such termination or expiration including, but not limited to, Section 3 ("Prohibited Conduct"), Section 4 ("Third Party Interaction"), Section 5 ("Compliance with Laws"), Section 7 ("Passwords and Security"), Section 10 ("Links to other Websites"), Section 12 ("Disclaimer of Warranties"), Section 13 ("Limitation of Liability"), Section 15 ("Indemnity"), Section 16 ("Termination") and Section 18 ("General Provisions").