Terms — ZipRage

Terms and Conditions of Use of ZipRage

By Use of This Website, You Accept…

1  Acceptance The Use Of ZipRage Terms and Conditions

Your access to and use of ZipRage is subject exclusively to these Terms and Conditions. You will not use the Website for any purpose that is unlawful or prohibited by these Terms and Conditions. By using the Website you are fully accepting the terms, conditions and disclaimers contained in this notice. If you do not accept these Terms and Conditions you must immediately stop using the Website.

2  Credit card details

ZipRage will never ask for Credit Card details and request that you do not enter it on any of the forms on ZipRage.

3  Advice

The contents of ZipRage website do not constitute advice and should not be relied upon in making or refraining from making, any decision.

4  Change of Use

ZipRage reserves the right to:
4.1  change or remove (temporarily or permanently) the Website or any part of it without notice and you confirm that ZipRage shall not be liable to you for any such change or removal and.
4.2  change these Terms and Conditions at any time, and your continued use of the Website following any changes shall be deemed to be your acceptance of such change.

5  Links to Third Party Websites

ZipRage Website may include links to third party websites that are controlled and maintained by others. Any link to other websites is not an endorsement of such websites and you acknowledge and agree that we are not responsible for the content or availability of any such sites.

6  Copyright

6.1  All copyright, trade marks and all other intellectual property rights in the Website and its content (including without limitation the Website design, text, graphics and all software and source codes connected with the Website) are owned by or licensed to ZipRage or otherwise used by ZipRage as permitted by law.
6.2  In accessing the Website you agree that you will access the content solely for your personal, non-commercial use. None of the content may be downloaded, copied, reproduced, transmitted, stored, sold or distributed without the prior written consent of the copyright holder. This excludes the downloading, copying and/or printing of pages of the Website for personal, non-commercial home use only.

7  Disclaimers and Limitation of Liability

7.1  The Website is provided on an AS IS and AS AVAILABLE basis without any representation or endorsement made and without warranty of any kind whether express or implied, including but not limited to the implied warranties of satisfactory quality, fitness for a particular purpose, non-infringement, compatibility, security and accuracy.
7.2  To the extent permitted by law, ZipRage will not be liable for any indirect or consequential loss or damage whatever (including without limitation loss of business, opportunity, data, profits) arising out of or in connection with the use of the Website.
7.3  ZipRage makes no warranty that the functionality of the Website will be uninterrupted or error free, that defects will be corrected or that the Website or the server that makes it available are free of viruses or anything else which may be harmful or destructive.
7.4  Nothing in these Terms and Conditions shall be construed so as to exclude or limit the liability of ZipRage for death or personal injury as a result of the negligence of ZipRage or that of its employees or agents.

8  Indemnity

You agree to indemnify and hold ZipRage and its employees and agents harmless from and against all liabilities, legal fees, damages, losses, costs and other expenses in relation to any claims or actions brought against ZipRage arising out of any breach by you of these Terms and Conditions or other liabilities arising out of your use of this Website.

9  Severance

If any of these Terms and Conditions should be determined to be invalid, illegal or unenforceable for any reason by any court of competent jurisdiction then such Term or Condition shall be severed and the remaining Terms and Conditions shall survive and remain in full force and effect and continue to be binding and enforceable.

10  Governing Law

These Terms and Conditions shall be governed by and construed in accordance with the law of USA and you hereby submit to the exclusive jurisdiction of the USA courts.

11  Legal Age

By visiting ZipRage you understand that there may contain “adult” content not suitable for children. You must be at least 18 years of age, or the legal age in your area, and/or have a parent/guardian present while viewing. ZipRage.com CANNOT BE HELD RESPONSIBLE FOR UNDERAGE PEOPLE VIEWING THIS SITE.

12  Acceptance Of  These Terms And Conditions Through Use

By using this site, you signify your agreement to all terms, conditions, and notices contained or referenced herein (the “Terms of Use”). We reserve the right, at our discretion, to update or revise these Terms of Use. Please check the Terms of Use periodically for changes. Your use of this site following the posting of any changes to the Terms of Use will be deemed your acceptance of such change(s).

13  Agreement To User Conduct Rules

You agree to abide by ZipRage’s User Conduct Rules, including but not limited to, agreeing not to use this site for any unlawful purpose:

By posting information in or otherwise using any communications service, message board, or other interactive service that may be available to you on or through this Site, you agree that you will not upload, post, or otherwise distribute or facilitate distribution of any materials, including text, communications, software, images, sounds, data, or other information (hereafter “Content”) that:

  1. is unlawful, threatening, abusive, harassing, defamatory, libelous, deceptive, fraudulent, invasive of another’s privacy or publicity rights, tortious, or otherwise violates ZipRage’s rules or policies;
  2. infringes on any patent, trademark, trade secret, copyright, right of publicity, or other proprietary right of any party;
  3. constitutes unauthorized or unsolicited advertising, chain letters, any other form of unauthorized solicitation, or any form of lottery or gambling;
  4. contains software viruses or any other computer code, files, or programs that are designed or intended to disrupt, damage, or limit the functioning of any software, hardware, or telecommunications equipment or to damage or obtain unauthorized access to any data or other information of any third party; or
  5. contains information, material, or pictures of any person who is not both older than eighteen (18) years old and over the age of majority in such person’s state, province, or country of residence.
  6. You also agree that you will not harvest or collect information about the users or members of this Site or use such information for the purpose of transmitting or facilitating transmission of unsolicited bulk electronic e-mail or communications. You further agree that you will not knowingly solicit or collect personal information from a minor under eighteen (18) years or age. ZipRage generally does not pre-screen, monitor, or edit the content posted by users of communications services, chat rooms, message boards, or other interactive services that may be available on or through this site. However, ZipRage and its agents have the right at their sole discretion to remove any content that, in ZipRage’s judgment, does not comply with the User Conduct Rules or is otherwise harmful, objectionable, or inaccurate. ZipRage is not responsible for any failure or delay in removing such content.

14  Proprietary Rights And Restrictions

You acknowledge and agree that all content and materials available on this site are protected by copyrights, trademarks, service marks, patents, trade secrets, or other proprietary rights and by other laws and that their use is restricted by the terms of this Agreement. ZipRage, the ZipRage product and service names are trademarks and/or service marks of ZipRage. (the “ZipRage Marks”) and are owned exclusively by ZipRage. You will not display or use the ZipRage Marks, in any manner, without ZipRage’s prior permission. Except as expressly authorized by ZipRage, you agree not to sell, resell, exploit for any commercial purposes, license, rent, modify, distribute, copy, reproduce, duplicate, transmit, publicly display, publicly perform, publish, adapt, edit, or create derivative works from any portion of such materials or content. Notwithstanding the above, you may print or download one copy of the materials or content on this site on any single computer for your personal, non-commercial use, provided you keep intact all copyright and other proprietary notices. Systematic retrieval of data or other content from this site to create or compile, directly or indirectly, a collection, compilation, database or directory without written permission from ZipRage is prohibited. In addition, use of the content or materials for any purpose not expressly permitted in these Terms of Use is prohibited.

15  User’s Grant Of Limited License

By posting or submitting content to this site, you:

  1. Agree that You, and not ZipRage., are entirely responsible for all materials, including text, communications, software, images, sounds, data, or other information (hereafter “content”) that you upload, post, email or otherwise transmit via our web site.
  2. Agree that ZipRage. does not control the content posted via the web site and does not guarantee the accuracy, integrity, appropriateness or quality of any content. Under no circumstances will ZipRage. be liable in any way for any content, including, but not limited to, any loss or damage of any kind incurred as a result of the use of any content posted, emailed or otherwise transmitted to ZipRage.
  3. Agree that ZipRage. is not obligated to maintain back-up copies of any content and shall have no liability for failure to maintain such content nor for deleting such content. We recommend that you retain a copy of all content that you submit or post to ZipRage..
  4. Agree that that all information is accurate and agree that upon our request, you will provide ZipRage. with all necessary information, documentation, and other materials relating to this submission that ZipRage. Reasonably requests.
  5. Warrant and represent that you own or otherwise control all of the rights to the content and that public posting and use of your content by ZipRage. will not infringe or violate the rights of any third party.
  6. Grant ZipRage. and its affiliates and licensees the world-wide, royalty free, irrevocable, non-exclusive, and fully sub licensable right and license to use, reproduce, display, perform, adapt, modify, alter, distribute, have distributed, and promote the content in any form, anywhere and for any purpose.

16  Procedure For Reporting Violation Of Rights Or Privacy Or Publicity

If you believe that your privacy rights or publicity rights have been violated by information or material that is accessible on this site, you may notify ZipRage. ( [email protected] )

17  Disclaimer Of Warranties

ALL MATERIALS, INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THIS SITE (THE “CONTENT”) ARE PROVIDED “AS IS” AND “AS AVAILABLE” FOR YOUR USE. THE CONTENT IS PROVIDED WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NONINFRINGEMENT. ZipRage, ITS SUBSIDIARIES, AND ITS LICENSORS DO NOT WARRANT THAT THE CONTENT IS ACCURATE, RELIABLE OR CORRECT; THAT THIS SITE WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION; THAT ANY DEFECTS OR ERRORS WILL BE CORRECTED; OR THAT THE CONTENT IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. YOUR USE OF THIS SITE IS SOLELY AT YOUR RISK. ANY MATERIAL VIEWED, DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THIS SITE IS DONE SOLELY AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE, INCLUDING WITHOUT LIMITATION PERSONAL INJURY OR DISTRESS, DAMAGE TO YOUR COMPUTER SYSTEM, OR LOSS OF DATA, THAT RESULTS FROM THE VIEWING OR DOWNLOAD OF ANY SUCH MATERIAL. BECAUSE SOME JURISDICTIONS DO NOT PERMIT THE EXCLUSION OF CERTAIN WARRANTIES, THESE EXCLUSIONS MAY NOT APPLY TO YOU.

18  Limitation Of Liability

UNDER NO CIRCUMSTANCES SHALL ZipRage, ITS SUBSIDIARIES, MEMBERS OR EMPLOYEES BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES THAT RESULT FROM THE USE OF, OR INABILITY TO USE, THIS SITE. THIS LIMITATION APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR ANY OTHER BASIS, EVEN IF ZipRage HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, ZipRage’s LIABILITY IN SUCH JURISDICTIONS SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW.

19  Nude Content

In the event of nudity, all featured models are at least 18 years of age. If not, e-mail the admin as soon as humanly possible and any offending material will be removed immediately.

20  International Use

ZipRage makes no representation that materials on this Site are appropriate or available for use in any particular locations, and accessing them from territories where their contents are illegal is prohibited. Those who choose to access this Site from any location do so on their own initiative, at their own risk, and are responsible for compliance with local laws. If you use this Site in a jurisdiction that prohibits or restricts such use, your use will be subject to, without limitation, any other provision of the Terms of Use, and ZipRage shall not have any liability with respect to such use.

21  Choice Of Law And Forum

These Terms of Use shall be governed by and construed in accordance with the laws of the Country ZipRage was created in, excluding its conflicts of law rules. You expressly agree that the exclusive jurisdiction for any claim or action arising out of or relating to these Terms of Use or your use of this Site shall lie only in the state courts of Colorado in Denver County or the Colorado federal court, and you further agree to and submit to the exercise of personal jurisdiction of such courts for the purpose of litigating any such claim or action.

22  Severability And Integration

Unless otherwise specified herein, this agreement constitutes the entire agreement between you and ZipRage with respect to this site and supersedes all prior or contemporaneous communications and proposals (whether oral, written, or electronic) between you and ZipRage with respect to this Site. If any part of these Terms of Use is held invalid or unenforceable, that portion shall be construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intentions of the parties, and the remaining portions shall remain in full force and effect.

23  Termination

ZipRage reserves the right, in its sole discretion, to terminate your access to all or part of this Site, with or without notice, for any reason, including, without limitation, if ZipRage believes that you have violated or acted inconsistently with the letter or spirit of these Terms of Use. This includes ZipRage’s right to terminate a user’s ability to post materials to the Site. You acknowledge that ZipRage shall not be liable to you or any third party for any termination of your access to this Site.

24  Removal Policy

Request for Removal Policy

If you believe that your rights have been violated by information or material that is accessible on this site, you may notify ZipRage at [email protected] with a subject line containing “Removal Request”

THIS EMAIL ADDRESS AND SUBJECT LINE ARE PROVIDED EXCLUSIVELY FOR NOTIFYING THE SERVICE PROVIDER THAT POSTED MATERIAL MAY VIOLATE YOUR RIGHTS. DO NOT SEND INQUIRIES UNRELATED TO REMOVAL (E.G. REQUESTS FOR TECHNICAL ASSISTANCE OR CUSTOMER SERVICE) TO THE CONTACT LISTED BELOW. YOU WILL NOT RECEIVE A RESPONSE TO SUCH INQUIRIES IF SENT TO THAT CONTACT. ADDITIONALLY, REQUESTS FOR REMOVAL BASED ON COPYRIGHT INFRINGEMENT SHOULD BE ADDRESSED IN ACCORDANCE WITH OUR COPYRIGHT POLICY.

The Request for Removal must include all of the following:

  • Identification of the right that you claim has been violated;
  • A description of the material that you claim should be removed;
  • A clear description of where the material is located on our web site, including its URL, so that we can locate the material;
  • Your address, telephone number, and e-mail address; and
  • A statement by you that you agree to provide ZipRage with any additional information or proof that we reasonably request.

Copyright Policy
ZipRage’s NOTICE AND PROCEDURE FOR MAKING CLAIMS OF COPYRIGHT INFRINGEMENT

Pursuant to Title 17, United States Code, Section 512(c)(2), all notifications of claimed copyright infringement on the ZipRage Web site or systems should be sent ONLY to our Designated Agent.

NOTE: THE FOLLOWING INFORMATION IS PROVIDED EXCLUSIVELY FOR NOTIFYING THE SERVICE PROVIDER REFERENCED BELOW THAT YOUR COPYRIGHTED MATERIAL MAY HAVE BEEN INFRINGED. DO NOT SEND ANY INQUIRIES UNRELATED TO COPYRIGHT INFRINGEMENT (e.g. REQUESTS FOR TECHNICAL ASSISTANCE OR CUSTOMER SERVICE, REPORTS OF E-MAIL ABUSE, etc.) TO THE CONTACT LISTED BELOW. YOU WILL NOT RECEIVE A RESPONSE TO SUCH INQUIRIES IF SENT TO THAT CONTACT.

Be advised that under federal law, if you knowingly make a material misrepresentation that online material is infringing, you may be subject to heavy civil penalties. These include monetary damages, court costs, and attorneys fees incurred by us, by any copyright owner, or by any copyright owner’s licensee that is injured as a result of our relying upon your misrepresentation.

Written notification must be submitted to the following Designated Agent:

Service Provider(s): ZipRage.

Full Address to Which Notification Should be Sent:

ZipRage
225 Hazel CT
Denver, CO 80219
Email Address: [email protected]

Under Title 17, United States Code, Section 512(c)(3)(A), the Notification of Claimed Infringement must include the following:

  • An electronic or physical signature of the owner or of the person authorized to act on behalf of the owner of the copyright interest;
  • Identification of the copyrighted work (or works) that you claim has been infringed;
  • A description of the material that you claim is infringing, and the location where the original or an authorized copy of the copyrighted work exists (for example, the URL of the web site where it is lawfully posted; the name, edition and pages of a book from which an excerpt was copied, etc.);
  • A clear description of where the infringing material is located on our web site, including its URL, so that we can locate the material;
  • Your address, telephone number, and e-mail address
  • A statement that you have a good-faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and
  • A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.

For any further information please email webmaster