The following terms and conditions (these “Terms”) govern all use of the Zuercher.com website, including mobile and wireless applications and related websites which are affiliated with Zuercher.com (“Website”), and all content, products and services (collectively, “Services”) available at or through the Website; provided for Business owners that register for our Business services, the Business Promotion Terms and Conditions shall also be applicable.
You must register as a “Registered User” in order to access certain Services. You agree that all information provided to Zuercher during registration is complete and accurate. You may not create a “User account” for anyone but yourself. You may claim a business that you own or legally represent by registering as a Business and agreeing to the Business Promotion Terms and Conditions as part of your registration.
You will not reproduce or reverse engineer any part of the Services, unless you have been given specific permission to do so in a separate agreement with Zuercher. You agree that you will not authorize or permit any automated searching of the site by “crawlers” or the like, or engage in the “scraping” of any data from the site, or otherwise access the site except for your own personal use (or if you are a business owner claiming your page, for or on behalf of your business).
You will not access or attempt to access any part of the Services by any means (automated or otherwise) other than through those made available by Zuercher (and pursuant to these Terms). You will not engage in any activity that interferes with or disrupts access of the Services to any user or network. You agree to use the Services in accordance with these Terms and any applicable laws and regulations. You further accept sole responsibility for any breach of these Terms, and any consequences that may arise as a result.
Password and security
You will be issued a password at the time of registration. This password may only be used by you. It is your responsibility to maintain security of your account by protecting this password. By using the Services you agree that only you will use this password. You accept sole responsibility for any activity that occurs under your account.
All information or intellectual property submitted, posted, or displayed (publicly or privately) within the Services including but not limited to: text, pictures, videos, music, and links (collectively, “Content”), is the sole responsibility of the person or entity that originated the Content. Zuercher cannot and does not monitor or review Content before publication.
Zuercher does not guarantee the accuracy, or reliability, or endorse any opinions expressed in Content posted, published, or distributed using the Services. You may encounter Content that is offensive, objectionable, or indecent, and you accept that in this regard you use the Services at your own risk. Content posted through the Services may include links to third party websites.
Zuercher has no control over third party websites and does not endorse or acknowledge responsibility for or liability for content, products, or other materials available on such third party websites. By accepting these terms you acknowledge and accept sole responsibility and liability for any loss or damage incurred through use of third party websites.
You will not submit, post, or display any Content that implies ownership or representation of a business, person, or entity that you do not lawfully represent. If you submit, post, or display Content using the Services, you accept sole responsibility for Content that you post, and any possible harm resulting from that Content.
Content Usage agreement
You retain intellectual property rights you already hold in any Content you submit, post, or display through the Services; provided by posting Content through the Services, you agree to grant Zuercher non-exclusive, worldwide, royalty free, irrevocable rights to use, copy, reproduce, sub-license, publish, modify, adapt, distribute, transmit, display, and create derivative works of such Content in any and all mediums known now or later developed for any purpose. You further grant to Zuercher the right to make Content available to other companies, organizations and individuals for distribution or syndication on terms and conditions established by Zuercher in its sole discretion.
All above usage may be made without compensation to you with regard to Content that you submit, post, or display through the Services. By posting Content on the Website you represent and warrant that you have the right to make the grants of rights hereunder.
Software License from Zuercher
Zuercher grants you non-exclusive, non-assignable, revocable worldwide, royalty free rights to use the software provided as part of the Services provided to you by Zuercher. This license is granted for the sole purpose of enabling you to use and enjoy the benefit of the Services as provided by Zuercher, in the manner permitted by these Terms.
You understand and agree that all right, title, and interest in and to the Services are owned exclusively by Zuercher and its licensors. As between we and you, except for any Content uploaded to the site by you, we own all intellectual property rights to the content of the site. Nothing in these Terms gives you a right to use any of Zuercher’s trade names, trademarks, logos, domain names, or other distinctive brand features.
Copyright and DCMA Policy
It is Zuercher’s policy to take immediate action to address allegations of copyright infringement reported to us in accordance with applicable law, including but not limited to the United States Digital Millennium Copyright Act (Details can be found at copyright.gov). To report an infringement, you must submit a written notice containing the following:
- Identification of the copyrighted Content alleged to be infringed upon in sufficient detail to specify the copyrighted work (i.e. url or publication information of original copyrighted work).
- Identification of Content subject to claim of copyright infringement, including the specific url of Content submitted, posted, or displayed through the Services.
- Contact information sufficient to allow Zuercher to contact you regarding your claim; including your name, address, telephone number, and email address.
- A statement by you that you have a good faith belief that aforementioned use of copyrighted Content is unauthorized.
- A statement by you, under the penalty of perjury that all information provided in the notice is accurate, and that you are either the owner of the allegedly infringed copyright or a person authorized to act on the copyright owner’s behalf.
- A physical or electronic signature of the copyright owner or a person authorized to act on behalf of the copyright owner.
Send the written notice to:
Attn: DCMA Complaints
11925 Wilshire Blvd. Ste 200
Los Angeles, CA 90025
You are solely liable for any damages that may be incurred if you materially misrepresent that Content available through the Services infringes on your copyright. By agreeing to these terms you understand that posting copyrighted Content through the Services without permission of the copyright holder is not permitted. Zuercher may remove or block access to Content suspected of copyright infringement without prior notice. Copyright infringement constitutes a violation of these terms, and accounts of repeat infringers may be terminated at the sole discretion of Zuercher.
Fees and payment
Zuercher offers optional paid services as part of the Services. The terms and conditions of such paid services are set forth in the Business Promotion Terms and Conditions.
Your account may be terminated with or without cause, with or without prior notice, at any time, at the sole discretion of Zuercher. Termination of the Business Promotion Services are set forth in the Business Promotion Terms and Conditions. If you wish to terminate this agreement at any time, you may deactivate your account, or simply stop using the Services.
Disclaimer of Warranties
Zuercher provides the Services “as is”. You understand that your use of the Services is at your own risk. Zuercher disclaims all warranties express or implied, including but not limited to, merchantability, fitness for a particular purpose, and non-infringement. Zuercher further disclaims all warranties that the Services will be available, accessible, secure, reliable, or error free. You understand that you access and use the Services at your sole discretion and risk.
Limitation of Liability
Under no circumstances will Zuercher, nor its suppliers or licensors be liable for any direct, indirect, incidental, special consequential, punitive or exemplary damages which may be incurred by you (regardless of cause, and under any theory of liability), including without limitation: loss of profit, loss of data, loss of goodwill, loss of business, or other intangible loss resulting from your use of or inability to access the Services. In no event shall you be entitled to seek injunctive or equitable relief against Zuercher or its licensees for any reason.
The limitations listed above will apply regardless of whether or not Zuercher has been made aware, explicitly or implicitly, of the possibility of any such loss or damage arising.
Zuercher’s entire liability to you, regardless of cause, will be limited to the greater of: US $1.00, or the aggregate amount paid by you to Zuercher in association with the Business Services (if any) over the course of 12 months prior to the issue or event giving rise to the liability. Some jurisdictions do not allow the exclusion of warranties or implied warranties or the limitation or exclusion of liabilities for incidental or consequential damages. If you reside in such a jurisdiction, the limitations and exclusions listed above may or may not apply to you.
You agree to indemnify and hold harmless Zuercher, as well as its suppliers and licensors, and their respective officers, employees, agents, and directors from and against any and all claims and expenses, including reasonable attorneys’ fees, resulting from your use of the Services, including but not limited to your violation of these Terms.
Miscellaneous Legal Terms
Your use of the Services and agreement with these Terms will be governed by the laws of the State of California, U.S.A, with the exception of its conflict of laws provisions. By agreeing to these terms you agree to submit to the jurisdiction of and business in the courts located in Los Angeles County, California, should any legal disputes arise.
These Terms constitute the entire legal agreement between you and Zuercher (excluding any services including without limitation the Business Promotion Terms and Conditions, that Zuercher furnishes under a separate, written agreement in addition to or in place of these Terms). These Terms completely replace and supersede any prior agreement between you and Zuercher regarding the Services.