Term of Use

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Terms of Use

Last updated: 07/19/01

1. ACCEPTANCE OF TERMS

Welcome to Zeal. PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE USING ZEAL'S SERVICE. By choosing to use this service, you agree to these Terms of Use. Zeal provides its service to you, subject to the following Terms of Use. Zeal reserves the right to update or alter the Terms of Use at any time without notice. For your benefit we encourage you to review periodically the most current version of the Terms of Use. Choosing to continue to use the service after the posting of changes to these terms (including the Zeal Privacy Policy or other Terms of Use applied to a particular service) will mean that you accept those changes. You also acknowledge that when using particular Zeal services, both you and Zeal shall be subject to any posted guidelines or rules applicable to such services; including new guidelines or rules that may be posted periodically. By reference, all guidelines or rules are hereby incorporated into the Terms of Use.

If you do not agree to these Terms of Use, please do not use the service.

2. DESCRIPTION OF SERVICE

Zeal provides users with substantial on-line resources which include a variety of communications tools, personalized content, editorial content, and online forums or message boards through its service. Unless Zeal states otherwise, new features added to the current service shall be subject to the Terms of Use. By choosing to use the service, you agree that the Service is provided "as is." Zeal will not assume any responsibility for the deletion, mis-delivery or failure to store any and all user communications or personal settings.

Some portions of the Service may require that users obtain, or obtain access to, software, hardware, or other services, which are not provided by Zeal. Zeal is not responsible for any products or services obtained, or attempted to be obtained by users.

3. USER REGISTRATION OBLIGATIONS

By choosing to register with Zeal and be considered to use the Service, you agree that any and all information provided during the registration process is true, accurate, up to date and, complete. (Information entered during the registration process is described here as the "Registration Data.") You also agree to update and maintain Registration Data so that it is true, accurate, up-to-date and complete. If you provide any information that is not true, accurate, up-to-date, and complete, or Zeal has grounds to believe that any information provided during the registration process is not true, accurate, up-to-date, and complete, Zeal reserves the right to suspend or terminate your account at any time. Zeal may also choose to refuse further current, and all future use of the Service.

4. MEMBER ACCOUNT, PASSWORD, AND SECURITY

Upon completing the registration process you will receive a password and account ID (your "member name"). You and you alone are solely responsible for maintaining the confidentiality of your password and information associated with your account that you desire to remain confidential. You also agree that you are responsible for any and all activities that may take place, or occur under your password and account. You further agree to notify Zeal in the event your password or account has been used without the proper authorization; or any other breaches of security you may be aware of. You also agree to exit from your account at the end of each session with the Service. Zeal will not be responsible or liable for any loss or damage incurred, or later arising from your failure to comply with Section 4 of the Zeal Terms of Use.

Zeal prohibits the sale or transfer of control of any Zeal account by the registered account holder to any other individual or party.

5. ZEAL PRIVACY POLICY

Information you supply during the registration process, which is deemed to be "Registration Data" is subject to our Privacy Policy. Additionally, certain other information about you is subject to our Privacy Policy. Please see our full privacy policy by clicking on the "Privacy Policy" link in the footer of any page of the site.

6. CODE OF USER CONDUCT

You understand that all information, data, text, software, music, sound, photographs, graphics, video, messages or other materials ("Content"), whether publicly posted or privately transmitted, are the sole responsibility of the person from which the Content originated. You, and not Zeal, are entirely responsible for all Content that you upload, post, email or otherwise transmit via the Service. Zeal does not pre-screen Content, though Zeal and its designees have the right but not the obligation, in their sole discretion, to deny, move, or remove any Content available via the Service. Zeal does not, and will not, guarantee the accuracy, integrity, or quality of such Content. You understand that by choosing to use the Service, you may be exposed to Content that is offensive, indecent, or objectionable. Under no circumstances will Zeal be liable in any way, shape, or form, for any Content, including, but not limited to, errors or omissions in any Content, or for any loss or damage of any kind incurred as a result of the use of any Content posted, emailed, or otherwise transmitted via the Service.

You agree NOT to use the Service to:

upload, post, email, or otherwise transmit any Content that is harmful, hateful, threatening, abusive, defamatory, obscene, libelous, or invasive of another's privacy;

harm or threaten minors in any way;

impersonate any person or entity, including, but not limited to, a Zeal official or Zeal Staff member;

falsely state or misrepresent your affiliation with any person or entity;

upload, post, email, or otherwise transmit any Content that you do not have a right to transmit under any law or under contractual or fiduciary relationships

upload, post, email, or otherwise transmit any unsolicited or unauthorized advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation, except in those areas that are designated for such purpose;

upload, post, email, 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 Service or servers or networks connected to the Service, or disobey any requirements, procedures, policies, or regulations of networks connected to the Service;

intentionally or unintentionally violate any applicable local, state, national, or international laws;

harass or "stalk" another individual;

collect or store personal data about other users.

While Zeal does not pre-screen Content, Zeal and its designees reserve the right (but not the obligation) to refuse, move, or remove any Content available through the Service for any reason whatsoever. You agree that you must evaluate, and bear all risks associated with, the use of any Content, including any reliance on the accuracy, completeness, or usefulness of such Content. Further, you acknowledge you may not rely on any Content created by Zeal or submitted to Zeal, including without limitation information in Zeal Message Boards, website profiles, categories, and in all other parts of the Service.

You acknowledge and agree that Zeal may preserve Content forever. You also agree Zeal may disclose Content if required to do so by law or in the good faith belief that such disclosure is reasonably necessary to:

comply with legal process;
enforce the Terms of Use;
respond to claims that any Content violates the rights of third-parties; or
protect the rights, property, or personal safety of Zeal, its users, and the public.

7. PERMISSIONS

Zeal (also known as 'Zeal') prohibits the use of copyrighted editorial content, database content, graphics, video clips, or photographs from the Zeal website: www.zeal.com. Zeal further prohibits the use of copyrighted content as outlined above from any other website owned, operated, licensed or controlled by Zeal or its parent company LookSmart, Ltd. (also known as the 'LookSmart Network) without prior written consent from Zeal and LookSmart.

If you wish to use any material specifically from Zeal, or from the LookSmart Network, Zeal will consider granting permission according to the following guidelines:

No graphical content or text is modified or altered in any way shape or form;
Use of the material for which Zeal grants permission is solely for non-commercial or personal use; unless Zeal permits otherwise;
No graphical content or text is taken out of the original context. On a case-by-case basis, Zeal may grant permission to do so.

8. QUOTING ARTICLES

You may quote portions of Zeal article(s) online or in print, provided:

you submit the text to be quoted to Zeal for prior written approval;
you reprint/repost the quote in full, without altering the copy;li>
you list the author, the article's title, the article's post date and the specific Zeal Site.

To license an article in its entirety, you must obtain prior written approval from Zeal. Please send a request to zeal_community@looksmart.net. Further, if you wish to be considered for quoting Zeal's editorial content in promotional materials or product packaging, send a request to zeal_community@looksmart.net.

9. OBTAINING REPRINTS

If you would like to reproduce Zeal articles or editorials for use in media kits, in press kits, at trade shows, or for corporate distribution, please send your request to zeal_community@looksmart.net.

10. CONTENT POSTED TO MEMBER PROFILES AND OTHER PUBLIC AREAS

With regard to Content you choose to post for inclusion in Member Profiles, and choose to make public, you agree to grant Zeal the worldwide, royalty free and non-exclusive license to reproduce, modify, and publish such Content on the Service for the express purpose of displaying, distributing, and promoting such Content. It is your responsibility to ensure that Content not meant for public display is clearly marked as private. You can mark such Content as private by clicking the "Private" radio button when entering Content in the Member Profile. Your member name, however, is always publicly visible.

With regard to Content you elect to post to other publicly accessible areas of the Service, which include, but are not limited to Zeal Message Boards, website profiles, and categories, you grant Zeal the royalty free, everlasting, unrescindable, non-exclusive, and fully sublicensable right and license to use, reproduce, publish, distribute, modify, translate, create derivative works from, and display such Content (be it whole or part) worldwide, and/or to incorporate it in other works in any form, media, or technology now known or later developed.

11. SUBMITTED CONTENT OR DATA

Zeal does not accept or consider creative content, materials, ideas or suggestions, unless specifically requested. We hope that you understand and will abide by this policy to avoid any misunderstandings in the event projects developed by Zeal's professional staff might seem similar to others' creative work.

Zeal does value your suggestions and feedback with regard to our products and services. If you have suggestions or feedback on specific products or services, please send your comments to zeal_community@looksmart.net.

If you should send us creative suggestions, ideas, concepts or any other information (collectively, the "Information"), that Information will become sole property of Zeal. Zeal will own all now known (pre-existing) or hereafter existing rights to the Information of every and all kind. Zeal will not be liable for any use or disclosure of such Information. Further, Zeal shall have the unrestricted right to use the Information for any purpose, including commercial use, without compensating the provider of the Information, or liability to Zeal.

12. INDEMNITY

By choosing to use the service, you agree to indemnify Zeal, its officers, agents, partners, and employees from any and all claims or damage, including reasonable attorneys' fees, made by third parties due to, or arising out of, Content you choose to submit, post, or transmit through the Service; or your use of the Service; your connection to the service; your violation of the Terms of Use; or, your violation of any rights of another.

13. NO SALE OR RESALE OF THE SERVICE

By choosing to use the Service, you agree not to reproduce, duplicate, sell, resell or exploit for commercial purposes the Service, any portion of the Service, use of the Service, or access to the Service.

14. CHANGES TO SERVICE

You agree that Zeal has the right at any time to modify or discontinue the Service, or any portion of the Service, with or without notice. You further agree that Zeal will in no way shape or form be liable to you, or any third party due to the modification or discontinuance, or even temporary suspension, of the Service.

15. TERMINATION

Zeal may terminate your password and/or your account in whole or part at any time. Zeal may also choose to remove or discard any Content you may have contributed to the Service at any time, and for any reason.

Zeal also reserves the right to discontinue in whole or part any portion of the Service with, or without notice.

You further agree that Zeal reserves the right to terminate your access to the Service at any time without prior notice. You also acknowledge that Zeal may at any time deactivate and/or delete your account and all information in your account; in addition, barring any further access to such files. Further, you agree that Zeal shall not be liable to you or any third-party for any termination of your access to the Service.

16. ADVERTISERS ON ZEAL

You agree that any and all correspondence and business dealings between you and advertisers found on the Service, or through the Service, are solely between you and such advertiser. Zeal will not be liable for any loss or damage as a result of the mere presence of, interactions or dealings with such advertisers.

17. LINKS

As part of the Service, Zeal may provide links to other websites on the World Wide Web (WWW). You agree that Zeal is not responsible for the availability of these sites, Content, advertising, products or other on those sites. You further agree that Zeal will not be held responsible or liable in any way shape or form, either directly or indirectly, for any damage or loss caused, or even alleged, by or on connection with the use of any such sites.

18. ZEAL'S PROPRIETARY RIGHTS

You acknowledge and agree that the Service, Zeal's database ("the Database"), and any necessary software used in connection with the Service ("Software") contain proprietary and confidential information that is protected by applicable intellectual property and other laws. You further acknowledge and agree that Content contained in sponsor advertisements or information presented to you through the Service or advertisers is protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws. Except as expressly authorized by Zeal or advertisers, you agree not to modify, sell, distribute or create derivative works based on the Service, the Database, or the Software, in whole or in part for any purpose whatsoever. Zeal grants you a personal, non-transferable and non-exclusive right and license to use its Software on a single computer; provided that you do not (and do not allow any third party to) copy, modify, create a derivative work of, reverse engineer, reverse assemble or otherwise attempt to discover any source code, sell, assign, sublicense, or otherwise transfer any right in the Software. You agree not to modify the Database or the Software in any manner or form, or to use modified versions of the Database or the Software, including (without limitation) for the purpose of obtaining unauthorized access to the Service. You agree not to access the Service by any means other than through the interface that is provided by Zeal for use in accessing the Service.

19. Zeal's WWW SERVERS

User(s) access to Zeal's www servers is restricted to non-accelerated browsers. Accelerated browsers are strictly prohibited. Products that are considered web accelerators include, but are not limited to NetJet, NetSonic, MSIECrawler and Teleport-Pro. If you find that you are using a product that may be considered a web accelerator, please discontinue any and all activity. Zeal reserves the right to ban all offenders.

In relation to Robots and crawlers, user(s) agree to the guidelines listed at http://info.webcrawler.com/mak/projects/robots/robots.html. Robots ignoring these guidelines will be barred.

20. DISCLAIMER OF WARRANTIES

YOU EXPRESSLY UNDERSTAND AND AGREE THAT:

YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. ZEAL EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.

ZEAL MAKES NO WARRANTY THAT

THE SERVICE WILL MEET YOUR REQUIREMENTS,

THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE,

THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE,

THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICE WILL MEET YOUR EXPECTATIONS, AND

ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED.

ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.

NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM ZEAL OR THROUGH OR FROM THE SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TERMS OF USE.

21. LIMITATION OF LIABILITY

YOU EXPRESSLY UNDERSTAND AND AGREE THAT ZEAL SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF Zeal HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (i) THE USE OR THE INABILITY TO USE THE SERVICE; (ii) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SERVICE; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (iv) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE; OR (v) ANY OTHER MATTER RELATING TO THE SERVICE.

22. EXCLUSIONS AND LIMITATIONS

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS OF SECTIONS 20 AND 21 MAY NOT APPLY TO YOU.

23. NOTICES FROM ZEAL

From time to time, Zeal may send notices via email or regular mail, or display notices or links to notices to you on the Service.

24. TRADEMARK INFORMATION

The following are all considered trademarks of Zeal and its parent company LookSmart, Ltd.: Zeal, The Zeal Logo, Zeal.com, zeal.com, www.zeal.com, Zeality, Zealot Privilege Model, Adoption Model, Zealot, Expert Zealot, Zeal Points, MisZeallaneous, Zealot of the Week, Zeal of Approval, Zeal Awards, ZeaList, ZeaLists, What's your Z.Q.?, Zealot Walk of Fame, The Power of Enthusiasm, "Search.Rate.Review.Discover.", Share Your Zeal, Zeal Honors, Zeal Search Party, "Share the Knowledge. Set the Standard."

The "look and feel" of Zeal's service is also a Zeal trademark. This includes Zeal's color combinations, button shapes, layout, and all other graphical elements.

Without Zeal's prior permission, you agree not to display or use in any manner, the Zeal Marks.

25. VIOLATIONS OF THE TERMS OF USE

Zeal wants to hear about violations to any site policies. Please report any violations of the Terms of Use to zeal_community@looksmart.net.

Zeal also respects the intellectual property of others, and we ask our users to do the same. If you believe that your work has been copied in a way that constitutes copyright infringement, please provide Zeal's Copyright Agent the following information:

1. an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;

2. a description of the copyrighted work that you claim has been infringed;

3. a description of where the material that you claim is infringing is located on the site;

4. your address, telephone number, and email address;

5. 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;

6. a statement by you, made under penalty of perjury, that the above information in your Notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf.

Zeal's Copyright Agent for Notice of claims of copyright infringement can be reached as follows:

c/o LookSmart, Ltd.
625 Second Street
San Francisco, CA 94107
Or by email: copyright@looksmart.net

26. GENERAL INFORMATION

The Terms of Use constitute the entire agreement between you and Zeal and govern your use of the Service. This agreement supercedes any prior agreements between you and Zeal. The Terms of Use and the relationship between you and Zeal are governed by the laws of the State of California without regard to its conflict of law provisions. You and Zeal agree to submit to the personal and exclusive jurisdiction of the courts located within the county of Los Angeles, California. Please be advised that the failure of Zeal to exercise or enforce any right or provision of the Terms of Use does not constitute a waiver of such right or provision. In the event any provision of the Terms of Use is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision. In addition, the other provisions of the Terms of Use remain in full force and effect. You further agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Service, or the Terms of Use, must be filed within one (1) year after such claim or cause of action arose, or be forever barred.

The section titles in the Terms of Use serve to present the information clearly and have no legal or contractual effect.

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