Subscriber Agreement and Terms of Use (Rev. 06-04-07)
This Zimini Subscriber Agreement and Web Terms of Use govern your use of Zimini's
services, products, and its Web site, and, unless other terms and conditions expressly
govern, any other electronic services from Zimini that may be made available from
time to time (each, a "Service"). By subscribing to Zimini's Service you agree to
be bound by the terms of this Agreement.
1. Changes to Subscriber Agreement. We may change the terms of this Agreement
at any time by notifying you of the change in writing or electronically. The changes
also will appear in this document, which you can access at any time. You hereby
agree to be bound by such changes by using Zimini's Service or accessing its Web
site after changes are made to this Agreement.
2. Privacy and Your Account. Registration data and other information about
you are subject to our Privacy Policy. Your information may be stored and processed
in the United States or any other country where Zimini has facilities, and by subscribing
to Zimini' Services, you consent to the transfer of information outside of your
country.If you access a Service using a password, you are solely responsible for
maintaining the confidentiality of that password. If you provide someone else with
access to your password to a Service, they will have the ability to view information
about your account and make changes through the website for the Service. Similarly,
if you tell someone the answer to your security question for a Service, they will
be able to request information about your account and make changes through Customer
Service. If you provide us with your e-mail address you agree to notify us promptly
if you change your email address, so we can continue to contact you and send any
notices required hereunder. If you fail to notify us promptly of a change, then
any notice we send to your old address or email shall be deemed sufficient notice.
3. Fees. Zimini's Services are free to consumers. When a consumer subscribes
to Zimini's Services there are no charges incurred in connection with your screen
name and password for Zimini's Service. Merchants pay a fee for their use of Zimini's
Services. The current fee to create and launch a Zimini coupon, promotion or special
offer is $49.95 USD. We will bill all charges automatically to your credit card.
Unless we state in writing otherwise, all fees and charges are nonrefundable. We
may change the fees and charges then in effect, or add new fees or charges, by giving
you notice in advance. If you want to use a different credit card or there is a
change in credit card validity or expiration date, or if you believe someone has
accessed a Service using your user name and password without your authorization,
you must follow the procedures outlined in the Help section. You are responsible
for any fees or charges incurred to access a Service through an Internet access
provider or other third-party service.
4. Limitations On Use.
A. Only one consumer (“Consumer”) (an individual)may access Zimini's Service
at the same time using the same user name or password, unless we agree otherwise.
As a Consumer you may use Zimini's software when such use is by the Consumer and
in conjunction with the Consumer’s own unique user name and password for non-commercial
purposes and not on behalf of any other person or entity (collectively, a “Third
Party”), and when such use is pursuant to the terms and conditions of Zimini’s End
User License Agreement For Zimini Consumer And Merchant Software as may be amended
from time-to-time.
B. As a merchant (“Merchant”) (a single legal entity), excluding its affiliates,
you may use Zimini's Service for a commercial purposes in conjunction with the Merchant’s
own unique user name and password and it is solely and exclusively to prepare coupons
(“Coupons”) for promoting the Merchant’s own products and services and not on behalf
of any Third Party; or when such use is by the Merchant on behalf of or for the
benefit of a Third Party to prepare Coupons for promoting the Third Party’s products
and services provided that such Third Party has agreed to the terms of Zimini’s
End User License Agreement For Zimini Consumer And Merchant Software as may be amended
from time-to-time. and has obtained its own unique user name and password. As a
Merchant your use must be pursuant to the terms and conditions of the Zimini End
User License Agreement as may be amended from time-to-time.
C. The text, graphics, images, video, design, organization, compilation,
look and feel, advertising and all other protectable intellectual property (the
"Content") available through Zimini's Services is our property or the property of
our licensors and is protected by copyright and other intellectual property laws.
Unless you have our written consent, you may not sell, publish, distribute, retransmit
or otherwise provide access to the Content received through Zimini's Services to
anyone, including, if applicable, your fellow students or employees.
D. You agree not to use the Services for any unlawful purpose. We reserve
the right to terminate or restrict your access to a Zimini's Service, in our opinion,
your use of the Service may violate any laws, regulations or rulings, infringe upon
another person's rights or violate the terms of this Agreement. Also, we may refuse
to grant you a user name that impersonates someone else, is protected by trademark
or other proprietary right law, or is vulgar or otherwise offensive.
5. Third Party Web Sites, Services and Software. We may link to, or promote,
web sites or services from other companies or offer you the ability to download
software from other companies. You agree that we are not responsible for, and do
not control, those web sites, services and software.
6. DISCLAIMERS OF WARRANTIES AND LIMITATIONS ON LIABILITY. YOU AGREE THAT
YOUR ACCESS TO, AND USE OF, THE SERVICES AND THE CONTENT AVAILABLE THROUGH THE SERVICES
IS ON AN "AS-IS", "AS AVAILABLE" BASIS AND WE SPECIFICALLY DISCLAIM ANY REPRESENTATIONS
OR WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY REPRESENTATIONS
OR WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. ZIMINI AND
ITS SUBSIDIARIES, AFFILIATES, SHAREHOLDERS, DIRECTORS, OFFICERS, EMPLOYEES AND LICENSORS
(COLLECTIVELY, "ZIMINI'S TEAM") SHALL NOT BE LIABLE (JOINTLY OR SEVERALLY) TO YOU
OR ANY OTHER PERSON AS A RESULT OF YOUR ACCESS OR USE OF THE ZIMINI'S SERVICES FOR
INDIRECT, CONSEQUENTIAL, SPECIAL, INCIDENTAL, PUNITIVE, OR EXEMPLARY DAMAGES, INCLUDING,
WITHOUT LIMITATION, LOST PROFITS, LOST SAVINGS AND LOST REVENUES (COLLECTIVELY,
THE "EXCLUDED DAMAGES"), WHETHER OR NOT CHARACTERIZED IN NEGLIGENCE, TORT, CONTRACT,
OR OTHER THEORY OF LIABILITY, EVEN IF ANY OF THE PARTIES HAVE BEEN ADVISED OF THE
POSSIBILITY OF OR COULD HAVE FORESEEN ANY OF THE EXCLUDED DAMAGES, AND IRRESPECTIVE
OF ANY FAILURE OF AN ESSENTIAL PURPOSE OF A LIMITED REMEDY. IF ANY APPLICABLE AUTHORITY
HOLDS ANY PORTION OF THIS SECTION TO BE UNENFORCEABLE, THEN ZIMINI'S TEAM'S LIABILITY
WILL BE LIMITED TO THE FULLEST POSSIBLE EXTENT PERMITTED BY APPLICABLE LAW.
7. General. This Agreement contains the final and entire agreement between
us regarding your use of Zimini's Services and supersedes all previous and contemporaneous
oral or written agreements regarding your use of Zimini's Services . We may discontinue
or change Zimini's Services , or their availability to you, at any time. This Agreement
is personal to you, which means that you may not assign your rights or obligations
under this Agreement to anyone. No third party is a beneficiary of this Agreement.
You agree that this Agreement, as well as any and all claims arising from this Agreement
will be governed by and construed in accordance with the laws of the State of Illinois,
United States of America applicable to contracts made entirely within Illinois and
wholly performed in Illinois , without regard to any conflict or choice of law principles.
The sole jurisdiction and venue for any litigation arising out of this Agreement
will be an appropriate federal or state court located in Chicago , Cook County,
Illinois . This Agreement will not be governed by the United Nations Convention
on Contracts for the International Sale of Goods.
8. Additional Terms and Notices. We employ cookie technology. Read Zimini’s
Privacy Policy for more information on our use of cookies.
Learn More
If you have additional questions, please contact us any time by e-mail at Privacy@Zimini.com.
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