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Zip06 User Agreement
(Scroll down for Privacy Policy)
If you choose to use Zip06.com web services, you will be agreeing to abide by all of the terms and conditions of this Agreement between you and the Day Publishing Company. Your continued use of Zip06.com now, or following the posting of notice of any changes in this ‘User Agreement’, will indicate acceptance by you of such rules, changes or modifications. The current version of this document will always be available on Zip06.com, and it is your responsibility to review it on a regular basis. While much of the Zip06.com website is open to the public, certain content and services, including participation in the interactive community, does require registration.
Participation in this interactive community is a privilege and not a right. If you violate this ‘User Agreement’ or otherwise act in a fashion as to disrupt Zip06.com, we may cancel your account, prohibit you from opening alternate accounts and deny you access to portions of theday.com. The Service and Contents of Zip06.com are protected by copyright pursuant to U.S. and international copyright laws. You may not modify, publish, transmit, participate in the transfer or sale of, reproduce, create new works from, distribute, perform, display, or in any way exploit, any of the Content or the Service (including software) in whole or in part, without the express, written permission of The Day Publishing Company.For so long as your account remains active and in good standing, you are granted a nontransferable license to use, for personal, noncommercial use, content published on theday.com. You expressly agree that The Day Publishing Company shall bear no liability for delays, inaccuracies, errors and omissions or defamation for any content provided by any third party, including news services and theday.com members, or for material on third-party sites to which theday.com may be linked.
Membership
To access some Interactive services and to contribute content to Zip06.com, you must first create an account and become a member. While membership grants certain privileges, it also carries with it many responsibilities. Your member responsibilities include that;
- You will provide and maintain accurate personal information in your member record and you will maintain the security of your account and the secrecy of your password.
- You will not impersonate anyone in either the private or public portions of your member profile or through the content you submit to theday.com.
- You will not post content that degrades others on the basis of gender, race, class, ethnicity, national origin, religion, sexual preference, disability or other classification.
- You will not knowingly post content that violates the copyright, trademark, patent or other intellectual property right of any third party and that you will remove the same should you discover that you have violated this provision.
- You will not post content that is libelous, defamatory, obscene, abusive, that violates a third party's right to privacy, that otherwise violates any applicable local, state, national or international law, or that is otherwise inappropriate.
- You will post content using only your own member account, and that you are responsible for any content posted under your member profile including defamatory material, illegal activity and infringement of other people’s intellectual property rights.
- You will not disrupt the normal flow of dialogue with an excessive number of submissions (flooding attack) to Zip06.com, or otherwise negatively affects other members’ use of Zip06.com
- You will indemnify The Day Publishing Company, its employees, agents, and affiliates from any and all claims and/or damages (including but not limited to reasonable attorneys' fees) resulting from any claim brought by any third party relating to content you have posted.
While some parts of Zip06.com are open to all, membership is available only to persons aged 13 years and over. Under no circumstances may persons under the age of 13 register for membership, and Zip06.com explicitly does not solicit or accept personally identifying information from persons under the age of 13.
Contributing Content
When you contribute content to Zip06.com, you may post only original content you created, that you own, or for which you otherwise possess express permission or licensing rights. By contributing or otherwise publishing any content, you represent and warrant: (i) you own or otherwise have all necessary rights, including but not limited to copyrights, to the content you provide and the rights to use it in this medium as provided in this Terms of Service; (ii) all information you provide is true, accurate, current and complete, and does not violate these Terms of Service; and, (iii) the content will not defame, cause injury to, or harass, any person or entity. You retain your ownership rights to material you contribute; however, by contributing or otherwise publishing content such as text, images, audio and video works, you grant Zip06.com, The Day Publishing Company, and its related publications a world-wide, royalty-free, perpetual license to reproduce your content on theday.com and in any other media now known or later developed, and to use your publicly disclosed identity and related information for online and offline purposes, including commercial uses.
The Day Publishing Company may remove content at any time for any reason or no reason and is in no way responsible for storage or continued availability of content on Zip06.com. The Day Publishing Company is not required, and will not seek, to pre-screen or review content that is posted by members to theday.com, but it reserves the right to do so in the future at its sole discretion. While Zip06.com allows you to post content under a pseudonym or “handle”, you are in no way anonymous. In cases where you post content as private or semi-private, The Day Publishing Company will not be responsible for ensuring the security of that private content and may divulge that content to government or private investigators at its sole discretion.
Neither The Day Publishing Company nor Zip06.com represent or endorse the accuracy or reliability of any advice, opinion, statement, or other information displayed, uploaded, or distributed through theday.com by any member, information provider or any other person or entity. You acknowledge that any reliance upon any such opinion, advice, statement, memorandum, or information shall be at your sole risk. THE SERVICE AND ALL DOWNLOADABLE SOFTWARE ARE DISTRIBUTED ON AN "AS IS" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. YOU HEREBY ACKNOWLEDGE THAT USE OF THE SERVICE IS AT YOUR SOLE RISK.
Termination of MembershipYour membership account through Zip06.com may be terminated at any time, with or without notice, for any violation of the terms of this agreement, or any other legitimate, good-faith reason not enumerated herein, in the sole discretion of The Day Publishing Company. In the event your membership is terminated, your sole recourse is to request reinstatement of your account and membership privileges by contacting Zip06.com via m.babcock@theday.com with "remove" in the subject heading. Please include either your member name or the email address you joined with and we will remove your profile within 2 business days.
Privacy PolicyZip06.com Privacy Policy defines what user information is gathered and how it is used.
Notice of Copyright InfringementIf you are an owner of intellectual property who believes your intellectual property has been improperly posted or distributed via Zip06.com, please notify us by sending email to copyright@theday.com.
No WarrantiesYou represent, warrant and covenant (a) that no materials of any kind submitted through any current of future account(s) will (i) violate, plagiarize, or infringe upon the rights of any third party, including copyright, trademark, privacy or other personal or proprietary rights; or (ii) contain libelous or otherwise unlawful material; and (b) that you are at least eighteen years old. You hereby indemnify, defend and hold harmless The Day Publishing Company and theday.com, and all officers, directors, owners, agents, information providers, affiliates, licensors and licensees (collectively, the "Indemnified Parties") from and against any and all liability and costs, including, without limitation, reasonable attorneys' fees, incurred by the Indemnified Parties in connection with any claim arising out of any breach by you or any user of your account of this Agreement or the foregoing representations, warranties and covenants. You shall cooperate as fully as reasonably required in the defense of any such claim. theday.com reserves the right, at its own expense, to assume the exclusive defense and control of any matter subject to indemnification by you.
Limitations on Our LiabilityNeither The Day Publishing Company nor Zip06.com represent or endorse the accuracy or reliability of any advice, opinion, statement, or other information displayed, uploaded, or distributed through the Service by any user, information provider or any other person or entity. You acknowledge that any reliance upon any such opinion, advice, statement, memorandum, or information shall be at your sole risk. THE SERVICE AND ALL DOWNLOADABLE SOFTWARE ARE DISTRIBUTED ON AN "AS IS" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. YOU HEREBY ACKNOWLEDGE THAT USE OF THE SERVICE IS AT YOUR SOLE RISK.Any rights not expressly granted herein are reserved.
© 2007 Zip06.com
This version of the Terms of Service is dated October 10, 2007
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