Ziqqu LLC (“Ziqqu” or “we” or “our”) operates and owns the domain Ziqquforge.com (“Ziqquforge.com”), which is a business model development platform hosted in the United States.
These Terms and conditions, as may be modified from time to time, (“Agreement”) govern Ziqqu’s relationship with all users and other parties that use and interact with Ziqqu (“You” or “Your”). By using or accessing Ziqqu, You acknowledge and agree to all of the terms within this Agreement. Ziqqu may, in its sole discretion, and at any time, discontinue ziqquforge.com or any part thereof, with or without notice, or may prevent Your use of this site with or without notice to you. Ziqqu will have no liability to you if this Site is discontinued or your ability to access it is terminated.
Ziqqu reserves the right to modify this Agreement at any time, and each such modification shall be effective upon posting on ziqquforge.com. Your continued use of the Ziqqu following any such modification constitutes your agreement to be bound by and your acceptance of the Agreement as so modified. If you do not agree to be bound by this Agreement and to abide by all Applicable Law, you must discontinue use of Ziqqu immediately.
Content on ziqquforge.com and/or provided by Ziqqu including: art work, graphics, photographs, images, screen shots, text, music, digitally downloadable files, video clips, trademarks, logos, product and character names, and slogans is the property of Ziqqu is protected in the U.S. and internationally under trademark, copyright, and other intellectual property laws. Content provided by users of the site ("Submitted Content"), such as user-posted content including: text, digital files, images, and trademarks and copyrights is the property of the parties that provided that content, and is hosted online by You on ziqquforge.com subject to license, or subject to the fair use provisions of U.S. copyright or trademark law or made permissible under other applicable law. All material on ziqquforge.com is not guaranteed by Ziqqu to be correct or accurate.
You agree not to download, display or use any Ziqqu Content or Submitted Content located on ziqquforge.com for use in any publications, public performances, or on websites other than ziqquforge.com for any commercial purpose, in connection with products or services that are not those of Ziqqu, in any other manner that is likely to cause confusion among consumers, that disparages or discredits Ziqqu, that dilutes the strength of Ziqqu’s or the Submitted Content parties’s, or that otherwise infringes Ziqqu’s or the Submitted Content parties’s intellectual property rights.
You own all of the content and information you post, upload, submit, and/or add to ziqquforge.com (“Submitted Content”). For Submitted Content that is covered by intellectual property rights (such as business ideas, patents, and trade secrets), you specifically give us the following permissions: you grant us a non-exclusive, transferable, sub-licensable, royalty-free, worldwide license to host and share any Submitted Content that you post on or in connection with Ziqqu ("IP License") according to the manner in which you publish and use it on the Ziqqu. This means that if you use Ziqqu to share information publicly, you give us the right to share it publicly. This IP License ends when Your Submitted Content is removed from ziqquforge.com.
You hereby acknowledge and agree that you are solely responsible for all materials that you post or publish on the ziqquforge.com, including without limitation, information, code, data, text, software, music, sound, links, photographs, pictures, graphics, video, messages, Digital files and any other materials ("Content"). You represent, warrant and agree that no Content submitted by you or through your account will violate or infringe upon the rights of any third party, including copyright, trademark, privacy, publicity or other personal or proprietary rights; or contain libelous, defamatory or otherwise unlawful material. You represent and warrant that you have all legal rights necessary to publish any Content on the Web Site or that you own such Content. You hereby acknowledge and agree that Ziqqu shall, at all times, possess the right to refuse to include and/or to cause the removal of any or all of your Content for any reason and at its sole discretion. You hereby acknowledge and agree that Ziqqu may, at its sole discretion, disclose your Content in order to:
Ziqqu owns, protects and enforces copyrights in its own creative material and respects the copyright property of others. You agree not to hold Ziqqu responsible if a third party uses ziqquforge.com unlawfully. It is our policy not to permit materials known by us to be infringing to remain on ziqquforge.com. You should notify us promptly if you believe any materials on ziqquforge.com infringe a third party copyright. Upon our receipt of a proper notice of claimed infringement under the Digital Millennium Copyright Act ("DMCA"), we will respond expeditiously to remove, or disable access to, the material claimed to be infringing and will follow the procedures specified in the DMCA to resolve the claim between the notifying party and the alleged infringer who provided the content in issue. Pursuant to the DMCA, written notification of claimed copyright infringement must be submitted in writing to firstname.lastname@example.org
If you engage in “repeat infringement” we may terminate your registration and account without notice, and you will not longer be permitted access to ziqquforge.com. “Repeat infringement” shall be defined as two (2) or more instances, as determined by us in our reasonable discretion, where you have infringed the copyright rights of another person.
If we receive a claim that the use of any other materials or Submitted Content provided or authorized by you is in violation of any third party rights, you agree to fully indemnify and hold us harmless, and upon our request, defend us and our licensees and affiliates (and their respective directors, officers and employees) from and against any and all losses, liabilities, damages, costs or expenses (including reasonable attorneys' fees and costs) concerning any such claim. Accordingly, you agree to reimburse us and our licensees and our affiliates on demand for any payments made in resolution of any liability or claim that is subject to indemnification under this section of this Agreement, provided that we obtain your written consent prior to making any such payments. You agree that your consent will not be unreasonably withheld, delayed or conditioned. We shall promptly notify you of any such claim, and by obtaining and posting and maintaining an appropriate bond for our benefit you may assume control of the defense of such claim, provided that we shall have the right in all events to participate in the defense thereof. If a claim is made we will have the right to withhold payment of any monies due you hereunder in an amount reasonably related to the claim and potential expenses.
You commit to the following:
YOU USE ZIQQUFORGE.COM AT YOUR OWN RISK. WE ARE PROVIDING ZIQQUFORGE.COM "AS IS" WITHOUT ANY EXPRESS OR IMPLIED WARRANTIES INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE DO NOT GUARANTEE THAT ZIQQUFORGE.COM WILL BE SAFE OR SECURE. ZIQQU IS NOT RESPONSIBLE FOR THE ACTIONS, CONTENT, INFORMATION, OR DATA OF THIRD PARTIES, AND YOU RELEASE US, OUR DIRECTORS, OFFICERS, EMPLOYEES, AND AGENTS FROM ANY CLAIMS AND DAMAGES, KNOWN AND UNKNOWN, ARISING OUT OF OR IN ANY WAY CONNECTED WITH ANY CLAIM YOU HAVE AGAINST ANY SUCH THIRD PARTIES. WE WILL NOT BE LIABLE TO YOU FOR ANY LOST PROFITS OR OTHER CONSEQUENTIAL, SPECIAL, INDIRECT, OR INCIDENTAL DAMAGES ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT OR ZIQQU, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. OUR AGGREGATE LIABILITY ARISING OUT OF THIS AGREEMENT OR ZIQQU WILL NOT EXCEED THE GREATER OF ONE HUNDRED DOLLARS ($100) OR THE AMOUNT YOU HAVE PAID US IN THE PAST TWELVE MONTHS. APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY OR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. IN SUCH CASES, ZIQQU'S LIABILITY WILL BE LIMITED TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW.