Terms and Conditions of use
PLEASE READ THE TERMS OF SERVICE BELOW. THESE TERMS
OF SERVICE, INCLUDING ANY REVISED AGREEMENTS THAT WE MAY POST FROM TIME TO
TIME, STATE THE TERMS AND CONDITIONS UNDER WHICH ZEBRA
DATA (ZD) PROVIDES YOU WITH VARIOUS SERVICES ON THE
HYDROCARBONASSETS WEBSITE AND RELATED WEB SITES (EACH A "SITE" AND, COLLECTIVELY,
THE "SITES"). ALL SERVICES PROVIDED BY ZEBRA DATA
ON THE SITES ARE COLLECTIVELY REFERRED TO AS "THE SERVICES". BY
ACCESSING, BROWSING AND/OR USING OUR WEB SITES AND/OR SERVICES POSTED ON THE
WEB SITE, YOU ARE DEEMED TO ACCEPT THE TERMS OF SERVICE AND AGREE TO BE BOUND
BY THIS AGREEMENT WITH RESPECT TO THE USE OF THAT WEB SITE. IF YOU DO NOT
WISH TO BE BOUND BY THIS AGREEMENT, PLEASE DO NOT ACCESS, BROWSE OR USE OUR
WEB SITES OR ANY SERVICES WE PROVIDE.
Ownership of our Web Sites and Protection of Our Intellectual Property Rights.
The contents of our Sites are intended for the personal and commercial use of our users. All right, title and interest to the content displayed on our Sites, including but not limited to the Site's look and feel, data, information, text, graphics, images, sound or video materials, photographs, designs, trademarks, service marks, trade names, URLs and content provided by third parties, are the property of Zebra Data or the respective third parties, and are protected by copyright, trademark, patent or other proprietary rights and laws.
Except as expressly authorized by ZD, you agree not to copy, modify, rent, lease, loan, sell, assign, distribute, perform, display, license, reverse engineer or create derivative works based on the Sites or any Content (including without limitation any software) available through the Sites.
Changes to This Agreement
ZD may make changes to this Agreement from time to time in its sole discretion. Each time changes are made to this Agreement, a revised Agreement will be posted on the home page. Your continued use of any of our Sites following the Listing of changes constitutes your acceptance of any such changes.
Your use of each site is also subject to the other policies, disclaimers and guidelines we post on such site from time to time.
Your License to Access Content on Our Sites
You are hereby granted a personal, nonexclusive, non-transferable, revocable, limited license to view, reproduce, print, cache, store and distribute content retrieved from our Sites via a generally available consumer web browser, provided that you do not (and do not allow any third party to) copy, modify, create a derivative work of, reverse engineer, reverse assemble or otherwise attempt to discover any source code, sell, assign, sublicense, grant a security interest in or otherwise transfer any right in the ZD Services or remove or obscure the copyright notice or other notices displayed on the content. You may not reproduce, print, cache, store or distribute content retrieved from the Sites in any way, for any commercial use without the prior written permission of ZD or the copyright holder identified in the relevant copyright notice.
You agree not to modify the ZD Services in any manner or form, or to use modified versions of the ZD Services, including (without limitation) for the purpose of obtaining unauthorized access to the ZD Services or portions of the Services. You agree not to access the ZD Services by any means other than through the interface that is provided by ZD for use in accessing the ZD Services.
Except as expressly provided in this Agreement, nothing contained in this Agreement or on the Sites shall be construed as conferring any other license or right, expressly, by implication, by estoppel or otherwise, with respect to any of ZDsí Content or under any third party's Content. Any rights not expressly granted herein are reserved.
If you choose to forward content from the Sites via email through our Services, you agree that you will only forward such content to willing recipients known to you and that you will not use such Services for engaging in spam or other unauthorized conduct.
You may not send automated queries of any sort to our sites without express permission in advance from ZD. Note that "sending automated queries" includes, among other things:
Listing Material on Our Sites
Certain Sites may allow users to post or upload information, data, text, photographs, graphics, messages and/or other content ("Listings"). You acknowledge and agree that Listings and any and all liability arising from Listings are the sole responsibility of the user who posted the content ("Listing"), and not ZD. ZD does not control the Listings and does not guarantee the accuracy, integrity or quality of any Listings.
Under no circumstances will ZD be liable in any way for any Listings, including, but not limited to, for any errors, omissions or misrepresentations in any Listings, or for any loss or damage of any kind incurred as a result of the use of, or arising from, any Listings.
If you do choose to List content on one of our Sites, please do not do so unless you understand that your Listings will be available publicly. You should not assume that you are anonymous online and cannot be identified by your Listings. You agree that all of your Listings will comply with the requirements of this Agreement.
You agree not to use our Sites to:
You acknowledge that ZD does not pre-screen Listings,
but that ZD has the right, but not the obligation, to refuse to make available,
to modify or to remove any Listings or portions of Listings in its sole discretion
and at any time without notice to the Lister, regardless of whether those
Listings violate the terms of this Agreement or are otherwise objectionable.
You agree that your use of any Listing is at your own risk, including any reliance on the accuracy, completeness, or usefulness of the Listing. You agree that if you rely on any Listing submitted to ZD, it is solely at your own risk.
If you choose to provide any Listings on our Sites, you agree that ZD may copy, distribute, display, publish, modify or translate such Listings for any purpose and in any medium worldwide (including incorporating the Listings into ZD answer databases or any other ZD property, product or service) without any obligation to compensate you or any other third party in any way for any such use. ZD may grant other parties these same rights as to the Listings.
Sites with Registration
Certain Sites require users to register to obtain certain ZD Services. Registration is initially available to anyone of requisite age and citizenship and is limited to one registration per user. By registering for these services, you agree to: (a) provide true, accurate, current and complete information about yourself as requested by the ZD registration form (the "Registration Information") and (b) maintain and update the Registration Information to keep it true, accurate, current and complete. In addition to other grounds for suspension or termination of your use of the ZD Services, if you provide any information that is untrue, inaccurate, not current or incomplete, or ZD has reasonable grounds to suspect that information you have provided is untrue, inaccurate, not current or incomplete, ZD has the right to suspend or terminate your access and refuse you any and all use of relevant Site. Registrants have the right to terminate their account at any time by sending an e-mail to an address provided on the relevant Site.
Passwords and Security
Access to certain ZD Services require you to choose a user name and password. If you do so, you are responsible for maintaining the confidentiality of your password and account and for logging out of your account at the end of each session. In selecting a user name, you agree that you will not (i) select or use a screen name of another person with the intent to impersonate that person; (ii) use a name subject to the rights of any person without their authorization; or (iii) use a screen name that is offensive to people of ordinary sensitivities, illegal, or infringing. You are fully responsible for all activities that occur under your password or account. You agree (a) to notify ZD immediately of any unauthorized use of your password or account or any other breach of security, and (b) to ensure that you exit from your account at the end of each session. ZD cannot and will not be liable for any loss or damage arising from your failure to comply with this section.
Links to Other Web Sites
A part of the ZD Services includes links to other World Wide Web sites or resources. Because ZD has no control over such sites and resources, you acknowledge and agree that ZD is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any content, advertising, products, or other materials on or available from such sites or resources. You further acknowledge and agree that ZD shall not be responsible or liable, directly or indirectly, for any damage or loss caused by or in connection with use of or reliance on any such content, information or services available on or through any such site or resource. Finally, you acknowledge that such external sites usually have their own terms and conditions, including privacy policies, over which ZD has no control and which will govern your rights and obligations with respect to the use of those Web sites.
Your Contact With Companies Or Third Party Vendors
Your dealings with companies and third party vendors found on or through the ZD Services, including your participation in promotions, the availability of information, and any terms, conditions, or representations associated with such activities, are solely between you and the company or third party. ZD does not make any representations or warranties with respect to any goods or web sites that may be obtained from such third parties, and you agree that ZD will have no liability for any loss or damage of any kind incurred as a result of any activities you undertake in connection with the use of or reliance on any content, goods, services, information or other materials available, or through such third parties, on our Sites. You acknowledge that such external sites usually have their own terms and conditions, including privacy policies, over which ZD has no control and which will govern your rights and obligations with respect to the use of those Web sites.
Compliance with Laws
You agree to comply with all applicable laws regarding your use of our Sites including, without limitation, all applicable laws (as well as associated licenses and approvals) regarding the transmission of technical data exported from the United Kingdom or the country in which you reside.
Modifications To ZD Services
ZD reserves the right at any time and from time to time to modify, suspend, discontinue or terminate the ZD Services (or any part thereof) with or without notice. You agree that ZD will not be liable to you or to any third party for any modification, suspension, discontinuation or termination of the ZD Services.
Termination of Your Access to ZD Services
You agree that ZD, in its sole discretion, may terminate your access to the ZD Services, and/or remove, discard or modify any Listings or content within the Service, for any reason, including, without limitation, for lack of use or if ZD believes that you have violated or acted inconsistently with the letter or spirit of this Agreement. You agree that any termination of your access to the ZD Services may be effected without prior notice, and acknowledge and agree that ZD may immediately deactivate or delete your account and all related information and files in your account and/or bar any further access to such files or the ZD Services. Further, you agree that ZD shall not be liable to you or any third party for the discontinuation or termination of your access to the ZD Services, even if advised of a claim for damages.
Information Disclaimer and Disclaimer of Warranties
BY USING ZD SERVICES YOU UNDERSTAND AND AGREE THAT:
Limitation Of Liability
YOU UNDERSTAND AND AGREE THAT ZD IS NOT LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES, INCLUDING, BUT NOT LIMITED TO, ANY LOSS OF USE, LOSS OF PROFITS, LOSS OF DATA, LOSS OF GOODWILL, COST OF PROCUREMENT OF SUBSTITUTE SERVICES, OR ANY OTHER INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES, HOWSOEVER CAUSED, AND ON ANY THEORY OF LIABILITY, WHETHER FOR BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE AND STRICT LIABILITY), OR OTHERWISE RESULTING FROM: (1) THE USE OF, OR THE INABILITY TO USE, ZD SERVICES, (2) THE COST OF PROCUREMENT OF SUBSTITUTE SERVICES, GOODS OR AND WEB SITES, (3) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA, (4) THE STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON OUR SITES, (5) RELIANCE ON CONTENT OR LISTINGS ON OUR SITES, OR (6) ANY OTHER MATTER RELATING TO OUR SITES OR ZD SERVICES. THESE LIMITATIONS WILL APPLY WHETHER OR NOT ZD HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY. EXCEPT AS REQUIRED BY THE INDEMNITY PROVISIONS HEREIN, IN NO EVENT WILL ZDs' DIRECT LIABILITY HEREUNDER EXCEED £50.00.
SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES, SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
Indemnification of ZD
You agree to indemnify and hold ZD, its subsidiaries, and affiliates, and their officers, directors, employees and agents harmless from and against any and all liability, losses, claims, demands, disputes, damages or costs of any kind, including, without limitation, reasonable attorneys' fees and costs of litigation, resulting from or in any way connected with (a) Listings or other content you submit or that are submitted from your account, (b) your use of or reliance on ZD Services, (c) your connection to our Sites, (d) your violation of this Agreement, or (e) your violation of any rights of another party.
Copyright and Trademark Notices
You acknowledge and agree that all contents of these Web sites are: Copyright (c) 2005-2007 ZD. All rights reserved.
No Other Agreements Between Us
This Agreement constitutes the entire agreement between you and ZD for governing your use of our Sites and Services and supersedes any prior agreements between you and ZD for that purpose, including any membership agreements or other similar agreements applying to our Sites or ZD Services.
Law Applicable to Interpretations and Disputes
This Agreement and the relationship between you and ZD are governed by the laws of
Severability of This Agreement
If any provision of this Agreement is found by a court or other binding authority to be invalid, you agree that every attempt shall be made to give effect to the parties' intentions as reflected in that provision, and the remaining provisions contained in this Agreement shall continue in full force and effect.
Limitation of Actions Brought Against ZD
You agree that any claim or cause of action arising out of your use of our Sites or this Agreement must be filed within one year after such claim or cause of action arose or it shall forever be barred, notwithstanding any statute of limitations or other law to the contrary. Within this period, any failure by ZD to enforce or exercise any provision of this Agreement or related right shall not constitute a waiver of that right or provision.
If you have any questions or concerns with respect to this Agreement or our Sites, you may contact a representative of ZD at email@example.com