Privacy Terms
1. Your Acceptance
Welcome to Pazoen.com. Your use of http://www.Pazoen.com or other web sites owned or operated by Pazoen.com (the "Pazoen.com Sites") and the services provided through or in connection with the Pazoen.com Sites and viewing of the content available at the Pazoen.com Sites, is subject to this Terms of Use Agreement. Each time you use the Pazoen.com Sites, you agree to be bound by the following Terms of Use and the Privacy Notice. If you do not agree to any of these terms, then you must immediately discontinue your use of the Pazoen.com Sites.
2. Pazoen.com Sites
These Terms of Use apply to all customers, visitors, users, and others who view
the Pazoen.com Sites ("Users"), including Users who are also
contributors of images, video, information, and other materials or services on
the Pazoen.com Sites. The Pazoen.com Sites may contain links to third-party
websites that are not owned or controlled by Pazoen.com. Pazoen.com has no
control over, and assumes no responsibility for, the content, privacy policies,
or practices of any third party websites. In addition, Pazoen.com will not and
cannot censor or edit the content of any third-party site. By using the
Pazoen.com Sites, you expressly relieve Pazoen.com from any and all liability
arising from your use of any third-party website. Accordingly, we encourage you
to be aware when you leave the Pazoen.com Sites and to read the Terms of Use
and Privacy Policy of each other website that you visit.
3. Use of the Pazoen.com Sites
A. Pazoen.com hereby grants you permission to use the Pazoen.com Sites as set
forth in this Terms of Use, provided that: (i) your use of the Pazoen.com
Sites as permitted is solely for your personal, noncommercial use; (ii) you
will not copy or distribute any part of the Pazoen.com Sites in any medium
without Pazoen.com’s prior written authorization; (iii) you will not alter or
modify any part of the Pazoen.com Sites other than as may be reasonably
necessary to use the Pazoen.com Sites for their intended purpose; and (iv) you
will otherwise comply with the terms and conditions of these Terms of Use.
B. In order to access some
features of the Pazoen.com Sites, you will have to create an account. You may
never use another’s account without permission. When creating your account, you
must provide accurate and complete information. You are solely responsible for
the activity that occurs on your account, and you must keep your account
password secure. You must notify Pazoen.com immediately of any breach of
security or unauthorized use of your account. Although Pazoen.com will not be
liable for your losses caused by any unauthorized use of your account, you may
be liable for the losses of Pazoen.com or others due to such unauthorized use.
C. You agree not to use or
launch any automated system, including without limitation, "robots,"
"spiders," "offline readers," etc., that accesses the
Pazoen.com Sites in a manner that sends more request messages to the
Pazoen.com servers in a given period of time than a human can reasonably
produce in the same period by using a conventional on-line web browser.
Notwithstanding the foregoing, Pazoen.com grants the operators of public
search engines permission to use spiders to copy materials from Pazoen.com
Sites for the sole purpose of creating publicly available searchable indices of
the materials, but not caches or archives of such materials. Pazoen.com
reserves the right to revoke these exceptions either generally or in specific
cases. You agree not to collect or harvest any personally identifiable
information, including account names, from the Pazoen.com Sites, nor to use
the communication systems provided by the Pazoen.com Sites for any commercial
solicitation purposes. You agree not to solicit, for commercial purposes, any
Users of the Pazoen.com Sites with respect to their User Submissions (see
Section 5 below).
E. Pazoen.com may permanently
or temporarily terminate, suspend, or otherwise refuse to permit User’s access
to the Pazoen.com Sites without notice and liability, if, in Pazoen.com’s
sole determination, User violates any of the terms of use, including the
following prohibited actions; (i) use the Pazoen.com Sites for any illegal
purpose or to submit, transmit or facilitate the distribution of information or
content that is unlawful, harmful, abusive, racially or ethnically offensive,
vulgar, obscene, sexually explicit, defamatory, infringing, invasive of
personal privacy or publicity rights, harassing, libelous, threatening, or in a
reasonable person’s view, objectionable; (ii) submit, transmit, promote or
distribute information or content that is illegal; (iii) attempt to interfere
with, compromise the system integrity or security or decipher any transmissions
to or from the servers running the Pazoen.com Sites; (iv) take any action that
imposes, or may impose at our sole discretion an unreasonable or
disproportionately large load on our infrastructure; (v) upload invalid data,
viruses, worms, or other software agents through the Pazoen.com Sites; (vi)
use any robot, spider, scraper or other automated access the Service for any
purpose without our express written permission; (vii) impersonate another
person or otherwise misrepresent User’s affiliation with a person or entity,
conduct fraud, hide or attempt to hide User’s identity; (viii) submit, upload,
post, email, transmit or otherwise make available any information or content
that User does not have a right to make available under any law or under
contractual or fiduciary relationships; (ix) interfere with the proper working
of the Pazoen.com Sites; or, (x) bypass the measures we may use to prevent or
restrict access to the Pazoen.com Sites. Upon termination for any reason, User
continues to be bound by this Agreement.
4. Intellectual Property Rights
The content on the Pazoen.com Sites, including without limitation, the text,
software, scripts, graphics, photos, sounds, music, videos, interactive
features and the like ("Content") and the trademarks, service marks
and logos contained therein ("Marks"), are owned by or licensed to
Pazoen.com, subject to copyright and other intellectual property rights under
United States and foreign laws and international conventions. Content on the
Pazoen.com Sites is provided to you AS IS for your information and personal
use only and may not be used, copied, reproduced, distributed, transmitted,
broadcast, displayed, sold, licensed, or otherwise exploited for any other
purposes whatsoever without the prior written consent of the respective owners.
Pazoen.com reserves all rights not expressly granted in and to the Pazoen.com
Sites and the Content. You agree to not engage in the use, copying, or
distribution of any of the Content other than expressly permitted herein,
including any use, copying, or distribution of User Submissions (see Section 5
below) of third parties obtained through the Pazoen.com Sites for any
commercial purposes. If you download or print a copy of the Content for
personal use, you must retain all copyright and other proprietary notices
contained therein. You agree not to circumvent, disable or otherwise interfere
with security related features of the Pazoen.com Sites or features that
prevent or restrict use or copying of any Content or enforce limitations on use
of the Pazoen.com Sites or the Content therein.
5. User Submissions
A. The Pazoen.com Sites may now or in the future permit the submission of
images, sounds, videos or other communications submitted by you and other Users
("User Submissions") and the hosting, sharing, and/or publishing of
such User Submissions. You understand that whether or not such User Submissions
are published, Pazoen.com does not guarantee any confidentiality with respect
to any User Submissions.
B. You shall be solely
responsible for your own User Submissions and the consequences of posting or
publishing them. In connection with User Submissions, you affirm, represent,
and/or warrant that: (i) you own or have the necessary licenses, rights,
consents, and permissions to use and authorize Pazoen.com to use all patent,
trademark, trade secret, copyright or other proprietary rights in and to any
and all User Submissions to enable inclusion and use of the User Submissions in
the manner contemplated by the Pazoen.com Sites and these Terms of Use; and
(ii) you have the written consent, release, and/or permission of each and every
identifiable individual person in the User Submission to use the name or
likeness of each and every such identifiable individual person to enable
inclusion and use of the User Submissions in the manner contemplated by the
Pazoen.com Sites and these Terms of Use. For clarity, you shall retain all of
your ownership rights in your User Submissions. However, by submitting the User
Submissions to Pazoen.com, you hereby grant Pazoen.com a worldwide,
non-exclusive, fully paid-up, royalty-free, irrevocable, perpetual,
sublicenseable and transferable license to use, reproduce, distribute, prepare
derivative works of, display, perform and otherwise exploit the User
Submissions in connection with the Pazoen.com Sites and Pazoen.com’s (and its
successor’s) business, including without limitation for promoting and
redistributing part or all of the Pazoen.com Sites (and derivative works
thereof) in any media formats and through any media channels. You also hereby
grant each User of the Pazoen.com Sites a non-exclusive license to access your
User Submissions through the Site, and to use, reproduce, distribute, prepare
derivative works of, display and perform such User Submissions as permitted
through the functionality of the Pazoen.com Sites and under these Terms of
Use,
C. In connection with User
Submissions, you further agree that you will not: (i) submit material that is
copyrighted, protected by trade secret or otherwise subject to third party
proprietary rights, including privacy and publicity rights, unless you are the
owner of such rights or have permission from their rightful owner to post the
material and to grant Pazoen.com all of the license rights granted herein;
(ii) publish falsehoods or misrepresentations that could damage Pazoen.com or
any third party; (iii) submit material that is unlawful, obscene, defamatory,
libelous, threatening, pornographic, harassing, hateful, racially or ethnically
offensive, or encourages conduct that would be considered a criminal offense,
give rise to civil liability, violate any law, or is otherwise inappropriate;
(iv) post advertisements or solicitations of business: (v) impersonate another
person. Pazoen.com does not endorse any User Submission or any opinion,
recommendation, or advice expressed therein, and Pazoen.com expressly
disclaims any and all liability in connection with User Submissions.
Pazoen.com does not permit copyright infringing activities and infringement of
intellectual property rights on the Pazoen.com Sites, and Pazoen.com will
remove all Content and User Submissions if properly notified that such Content
infringes on another’s intellectual property rights. Pazoen.com reserves the
right to remove Content and User Submissions without prior notice. Pazoen.com
will also terminate a User’s access to the Pazoen.com Sites, if they are
determined to be a repeat infringer. A repeat infringer is a User who has been
notified of infringing activity more than twice and/or has had Content or a
User Submission removed from the Pazoen.com Sites more than twice. Pazoen.com
also reserves the right to decide whether Content or a User Submission is
appropriate and complies with these Terms of Use for violations other than
copyright infringement and violations of intellectual property law, such as,
but not limited to, pornography, obscene or defamatory material. Pazoen.com
may remove such User Submissions and/or terminate a User’s access for uploading
such material in violation of these Terms of Use at any time, without prior
notice and at its sole discretion.
D. In particular, if you are a
copyright owner or an agent thereof and believe that any User Submission or
other content infringes upon your copyrights, you may submit a notification
pursuant to the Digital Millennium Copyright Act ("DMCA") by
providing our Copyright Agent with the following information in writing (see 17
U.S.C. 512©(3) for further detail):
(i) A physical or electronic
signature of a person authorized to act on behalf of the owner of an exclusive
right that is allegedly infringed;
(ii) Identification of the
copyrighted work claimed to have been infringed, or, if multiple copyrighted
works at a single online site are covered by a single notification, a
representative list of such works at that site;
(iii) Identification of the
material that is claimed to be infringing or to be the subject of infringing
activity and that is to be removed or access to which is to be disabled and
information reasonably sufficient to permit the service provider to locate the
material;
(iv) Information reasonably
sufficient to permit the service provider to contact you, such as an address,
telephone number, and, if available, an electronic mail;
(v) A statement that you have a
good faith belief that use of the material in the manner complained of is not
authorized by the copyright owner, its agent, or the law; and
(vi) A statement that the
information in the notification is accurate, and under penalty of perjury, that
you are authorized to act on behalf of the owner of an exclusive right that is
allegedly infringed.
You acknowledge that if you fail
to comply with all of the requirements of this Section 5(D), your DMCA notice
may not be valid.
E. You understand that when
using the Pazoen.com Sites, you will be exposed to User Submissions from a
variety of sources, and that Pazoen.com is not responsible for the accuracy,
usefulness, safety, or intellectual property rights of or relating to such User
Submissions. You further understand and acknowledge that you may be exposed to
User Submissions that are inaccurate, offensive, indecent, or objectionable,
and you agree to waive, and hereby do waive, any legal or equitable rights or
remedies you have or may have against Pazoen.com with respect thereto, and
agree to indemnify and hold Pazoen.com, its Owners/Operators, affiliates,
and/or licensors, harmless to the fullest extent allowed by law regarding all
matters related to your use of the site.
F. Pazoen.com permits you to
link to your own User Submissions hosted on the Pazoen.com Sites or User
Submissions of other third parties available on the Pazoen.com Sites, for
personal, non-commercial purposes only. You understand that the User
Submissions, whether or not linked or embedded into other websites, are
provided to you only on an as-available basis, and Pazoen.com does not
guarantee that their availability will be uninterrupted or bug free.
Pazoen.com reserves the right to discontinue any aspect to the Pazoen.com
Sites at any time, including discontinuing any linked or embedded Content
either generally or in specific cases.
6. Opt Out: We may use your
information to notify you of important changes to the Pazoen.com Sites,
services, and special offers. If you do not want to receive such notices, you
may use the following options to opt out of receiving future communications:
A. Send an email message to info@pazoen.com with the word "Remove" in the subject field.
Opting out may prevent you from
receiving email messages regarding updates, improvements, or special offers. If
Pazoen.com has provided any third-party with your personal information, you
will have to contact the third-party directly with any opt-out request.
7. Warranty Disclaimer
YOU AGREE THAT YOUR USE OF THE PAZOEN.COM SITES SHALL BE AT YOUR SOLE RISK. TO
THE FULLEST EXTENT PERMITTED BY LAW, Pazoen.com, ITS OFFICERS, DIRECTORS,
EMPLOYEES, AND AGENTS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN
CONNECTION WITH THE PAZOEN.COM SITES AND YOUR USE THEREOF. Pazoen.com MAKES
NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THIS
SITE’S CONTENT OR THE CONTENT OF ANY SITES LINKED TO THIS SITE AND ASSUMES NO
LIABILITY OR RESPONSIBILITY FOR ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF
CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER,
RESULTING FROM YOUR ACCESS TO AND USE OF THE PAZOEN.COM SITES, (III) ANY
UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL
INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION
OR CESSATION OF TRANSMISSION TO OR FROM THE PAZOEN.COM SITES, (IV) ANY BUGS,
VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH THE
PAZOEN.COM SITES BY ANY THIRD PARTY, AND/OR (V) ANY 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, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA
THE PAZOEN.COM SITES. Pazoen.com DOES NOT WARRANT, ENDORSE, GUARANTEE, OR
ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A
THIRD PARTY THROUGH THE PAZOEN.COM SITES OR ANY HYPERLINKED WEBSITE OR
FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND PAZOEN.COM WILL NOT BE A
PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU
AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. AS WITH THE PURCHASE OF A
PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE
YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE.
8. Limitation of Liability
IN NO EVENT SHALL PAZOEN.COM, ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS,
BE LIABLE TO YOU FOR ANY INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR
CONSEQUENTIAL DAMAGES WHATSOEVER RESULTING FROM ANY (I) ERRORS, MISTAKES, OR
INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE
WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE PAZOEN.COM SITES,
(III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND
ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY
INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE PAZOEN.COM SITES,
(IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO
OR THROUGH THE PAZOEN.COM SITES BY ANY THIRD PARTY, AND/OR (V) ANY ERRORS OR
OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A
RESULT OF YOUR USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE
MADE AVAILABLE VIA THE PAZOEN.COM SITES, WHETHER BASED ON WARRANTY, CONTRACT,
TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT THE COMPANY IS ADVISED OF
THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATION OF LIABILITY SHALL
APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.
YOU SPECIFICALLY ACKNOWLEDGE THAT PAZOEN.COM SHALL NOT BE LIABLE FOR USER SUBMISSIONS OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY AND THAT THE RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH YOU.
The Pazoen.com Sites are
controlled and offered by Pazoen.com from its facilities in the United States of America. Pazoen.com makes no representations that the Pazoen.com Sites
are appropriate or available for use in other locations. Those who access or
use the Pazoen.com Sites from other jurisdictions do so at their own volition
and are responsible for compliance with local law.
9. Indemnity
You agree to defend, indemnify and hold harmless Pazoen.com, officers,
directors, employees and agents, from and against any and all claims, damages,
obligations, losses, liabilities, costs or debt, and expenses (including but
not limited to attorney’s fees) arising from: (i) your use of and access to the
Pazoen.com Sites; (ii) your violation of any term of these Terms of Use; (iii)
your violation of any third party right, including without limitation any
copyright, property, or privacy right; or (iv) any claim that one of your User
Submissions caused damage to a third party. This defense and indemnification
obligation will survive these Terms of Use and your use of the Pazoen.com
Sites.
10. Ability to Accept Terms of
Use
By your use of the Pazoen.com Sites, you affirm that you are either are at
least 18 years of age, or an emancipated minor, or possess legal parental or
guardian consent, and are fully able and competent to enter into the terms,
conditions, obligations, affirmations, representations, and warranties set
forth in these Terms of Use, and to abide by and comply with these Terms of
Use. In any case, you affirm that you are over the age of 13, as the
Pazoen.com Sites are not intended for children under 13. If you are under 13
years of age, then please do not use the Pazoen.com Sites. There are lots of
other great websites for you. Talk to your parents about what websites are
appropriate for you. We recommend that minors over the age of 13 ask their
parents or guardians for permission before using or visiting the Pazoen.com
Sites or sending any personal information to anyone over the Internet.
11. Assignment
These Terms of Use, and any rights and licenses granted hereunder, may not be
transferred or assigned by you, but may be assigned by Pazoen.com without
restriction.
12. General
A. Governing Law. You agree that: (i) the Pazoen.com Sites shall be deemed
solely based in Washington; and (ii) the Pazoen.com Sites shall be deemed
passive websites that do not give rise to personal jurisdiction over
Pazoen.com, either specific or general, in jurisdictions other than Washington. These Terms of Use shall be governed by the internal substantive laws of the
State of Washington, without respect to its conflict of laws principles. Any
claim or dispute between you and Pazoen.com that arises in whole or in part
from the Pazoen.com Sites shall be decided exclusively by a court of competent
jurisdiction located in King County, Washington.
B. No waiver of any term of this these Terms of Use shall be deemed a further or continuing waiver of such term or any other term, and Pazoen.com’s failure to assert any right or provision under these Terms of Use shall not constitute a waiver of such right or provision. Pazoen.com reserves the right to amend these Terms of Use at any time and without notice, and it is your responsibility to review these Terms of Use for any changes. Your use of the Pazoen.com Sites following any amendment of these Terms of Use will signify your assent to and acceptance of its revised terms. YOU AND PAZOEN.COM AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE PAZOEN.COM SITES MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.
