| General
Zero.com Pty. Ltd. provides you with access to this
Web site and the services available on this Web site,
or other Web sites as indicated below. Access to and
use of the Services is governed by these Terms of
Use (the "Agreement"). By accessing or using the Services,
you indicate your assent to be bound by the Agreement,
and your acknowledgment of and agreement to its terms.
Services
The Services include Zero.com Search (located at http://www.zerocorporation.com)
(the "Search Services"). The Services may also be
located on third party web sites and/or applications
either as a link from an add-on service to, or otherwise
in connection with, Web sites and/or applications
that such third parties control. Our Search Services
enable you to search the World Wide Web for anything
that interests you, whether, for example, it is fly
fishing, medical research or digital cameras. We may
provide you with search listings of advertisers of
Zero.com (as well as search listings provided to Zero.com
by a third party to supplement the advertiser listings)
that help you find what you are looking for.
A little more detail:
The Services act as a system or venue to introduce
you to buyers and sellers of goods and services and
providers of information. Zero.com uses reasonable
efforts to ensure the availability of the information
and content, including links, that it makes available
through the Services. However, the Services are composed
of content not offered by Zero.com.
Zero.com does not control (i) the quality, safety
or legality of items available through or on its advertisers'
Web sites or sites of third parties not in privity
of contract with Zero.com, (ii) the truth or accuracy
or legality of the content from those advertisers
or those third parties (even if such content appears
on the Services), or (iii) the availability or technical
capabilities of their Web sites or links to those
Web sites. Zero.com is not liable or responsible for
content supplied or approved by third parties, or
for actions you might take in reliance on that content.
Nothing contained in any of the Services is an offer
or promise to sell a specific product for a specific
price or that any advertiser will sell any product
or service for any purpose or price or on any specific
terms. Zero.com does not guarantee the price, terms,
product, availability and/or services offered by any
advertiser. For all of the Services, Zero.com is not
involved in any transactions between you and any of
its advertisers, and is not responsible for, and does
not guarantee the price or performance of any goods,
services or information provided by advertisers. If
you have a dispute with one or more advertisers, you
agree to release and hereby release Zero.com (and
Zero.com's officers, directors, agents, subsidiaries,
affiliates, employees, successors, assigns, content
providers and service providers) from claims, demands
and damages (actual and consequential) of every kind
and nature, known and unknown, suspected and unsuspected,
disclosed and undisclosed, arising out of or in any
way connected with such disputes.
Only Personal Use is Authorized
Under this Agreement, Zero.com gives you limited permission
to access and use the Services only for your personal
use, and to copy, distribute and transmit the content
of the Services only to the extent that such copying,
distribution, and transmission is automatically done
through your browser software incidentally to using
the Services for your personal use. You may also print
a copy of the information displayed on the Services
for your personal use. That means, that except as
set forth above, you may not modify, reformat, copy,
display, distribute, transmit, publish, license, create
derivative works from, transfer or sell any information,
products, or service obtained by your use of the Services.
This restriction means, among other things, that you
may not mirror on your own Web site any portion of
the Services or display through your own Web site
any results pages or other information from the Services
without Zero.com's express permission.
Your right to access the Services is subject to any
limits established by Zero.com. You agree that you
will not use any automated means, including, without
limitation, agents, robots, scripts, or spiders, to
access, monitor or copy the Services except those
automated means expressly made available by Zero.com,
if any, or authorized in advance and in writing by
Zero.com (for example, Zero.com approved third party
tools and services). The Zero.com Web Site contains
robot exclusion headers and you agree that you will
not use any device, software or routine to bypass
our robot exclusion headers, or to interfere or attempt
to interfere with the proper working of the Services.
Without limitation to the foregoing, you further agree
that you will not take any action that imposes an
unreasonable or disproportionately large load on our
infrastructure (as determined by Zero.com).
The technology underlying, and content within, the
Services is owned by Zero.com and/or its licensors
(including Zero.com's advertisers and other content
providers) and is protected by copyright and other
intellectual property or proprietary rights. If you
use the Services other than as provided above, you
may violate copyright and other laws of the United
States, other countries, as well as applicable state
laws and may be subject to penalties. That would not
be a good thing. As between you and Zero.com, Zero.com
owns and retains all ownership of the technology underlying
and content within the Services, and reserves all
rights not explicitly granted to you in this Agreement.
Disclaimer
of Warranties
THE SERVICES ARE PROVIDED "AS IS," WITHOUT WARRANTY
OF ANY KIND. ZERO.COM DISCLAIMS ANY WARRANTIES, EXPRESS
OR IMPLIED, INCLUDING ANY WARRANTIES OF TITLE, NON-INFRINGEMENT,
MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.
Zero.com's
Potential Liability for the Services is Limited
NEITHER ZERO.COM NOR ANY OF ITS OFFICERS, DIRECTORS,
AGENTS, SUBSIDIARIES, AFFILIATES, EMPLOYEES, SUCCESSORS,
ASSIGNS, CONTENT PROVIDERS OR SERVICE PROVIDERS WILL
BE LIABLE TO YOU FOR ANY INDIRECT, INCIDENTAL, SPECIAL
OR CONSEQUENTIAL DAMAGES ARISING OUT OF USE OF THE
SERVICES, OR INABILITY TO GAIN ACCESS TO OR USE THE
SERVICES. ZERO.COM
WILL NOT BE LIABLE FOR ANY MATERIAL OF WEB SITES IT
LINKS TO AS PART OF THE SERVICES OR FOR INFORMATION
CONTAINED IN OR PART OF THE SERVICES INCLUDING BUT
NOT LIMITED TO SEARCH RESULTS. BECAUSE SOME STATES
DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY
FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE
LIMITATION MAY NOT APPLY TO YOU. IN SUCH STATES, THE
RESPECTIVE LIABILITY OF ZERO.COM,
ITS EMPLOYEES, AGENTS, SUCCESSORS, ASSIGNS, AFFILIATES,
AND CONTENT OR SERVICE PROVIDERS IS LIMITED TO THE
GREATEST EXTENT PERMITTED BY SUCH STATE LAW.
Defamation,
Copyright and Trademark Claims
Zero.com is a service provider pursuant to the Digital
Millennium Copyright Act. Pursuant to the Digital
Millennium Copyright Act, Zero.com has designated
an agent to receive notifications of alleged copyright
infringement on the Services:
Business
and Legal Affairs
Zero.com
Pty. Ltd.
Attn: Business & Legal Affairs - Trademark
3A, The Crossway
National Business Park, Campbellfield
Melbourne, 3061
Victoria, Australia
E-Mail:
termsofuse@zerocorporation.com
In
notifying Zero.com of alleged copyright infringement,
you must include the following information:
-
A
description of the copyrighted work that is the
subject of claimed infringement
-
A
description of the infringing material and information
sufficient to permit Zero.com to locate the alleged
material
-
Contact
information for you, including your address, telephone
number and/or e-mail address
-
A
statement by you that you have a good faith belief
that the material in the manner complained of
is not authorized by the copyright owner, or its
agent, or by the operation of any law
-
A
statement by you, signed under penalty of perjury,
that the information in the notification is accurate
and that you have the authority to enforce the
copyrights that are claimed to be infringed
-
A
physical or electronic signature of the copyright
owner or a person authorized to act on the owner's
behalf
Failure to include all of the above-listed information
may result in the delay of the processing of your
complaint.
Zero.com does not arbitrate or resolve trademark disputes
among Zero.com's advertisers or between those advertisers
and third parties. However, Zero.com will promptly
comply with an order of a court of competent jurisdiction
concerning a trademark issue. Zero.com occasionally
receives requests to remove listings from within the
Services. Zero.com reserves the right to address such
requests on a case-by-case basis.
Objectionable
Material and Family Filtering
Zero.com encourages you to use discretion when browsing
the Internet or using the Services. The Services may
contain information that you find objectionable, harmful,
deceptive or otherwise inappropriate, especially for
children. If this is a concern for you, Zero.com encourages
you to use the adult filtering service that may be
provided by Zero.com. To ensure you do not receive
offensive material, nevertheless, you must install
your own filtering software if you wish to limit the
content available through the Services.
If you come across any site that you believe contains
child pornography or other illegal material, please
contact termsofuse@zerocorporation.com
and we will contact the authorities as appropriate.
Privacy
and Data Collection
Zero.com does not collect personally identifying information
from users of the Services unless users have explicitly
given such information to Zero.com (for example, when
becoming an advertiser or when sending us an e-mail
with a question or as part of a contest). Zero.com's
information practices are further described in its
privacy policy. Zero.com's privacy policy is
part of this Agreement, and you agree that use of
data as described in the privacy policy is not an
actionable breach of your privacy or publicity rights.
If you have entered into another agreement with Zero.com
(such as an Affiliate Agreement or an Advertiser Agreement),
then you may be subject to additional or different
provisions regarding privacy and data collection.
If you would like more information, please read our
privacy policy. You should consider any communication
that you transmit to Zero.com (such as data, questions
or answers, comments, or suggestions) as non-confidential,
and agree that Zero.com will not be liable or responsible
if information that belongs to you is intercepted
and used by an unintended recipient.
Control
over Features, Functions, and Access to the Services
Zero.com reserves the right to change any information,
features and functions of the Services without prior
notice. Zero.com may deny you access to all or part
of the Services without prior notice if you engage
in any conduct or activities that Zero.com determines,
in its sole discretion, violate this Agreement, the
rights of Zero.com or any third party, or is otherwise
inappropriate.
Notice
You may direct any questions concerning this Agreement
to:
Zero.com
Pty. Ltd.
Attn: Business & Legal Affairs - Terms Of Use
3A, The Crossway
National Business Park, Campbellfield
Melbourne, 3061
Victoria, Australia
E-Mail:
termsofuse@zerocorporation.com
Amendment
Zero.com may amend this Agreement at any time by posting
the amended terms on its Web site. This Agreement
may not be otherwise amended except in a written document
signed by you and Zero.com.
This agreement was last revised on August 05, 2004.
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