These terms and conditions apply to all users of Zmags Services (as defined below).
Zmags Corporation (“Zmags”) is in the business of providing an online platform to allow customers to create shoppable content enabling digital marketers to create and publish rich content experiences without the need for coding (collectively, the “Zmags Services”).
A. License Grant
B. Permitted Use of Subscription Services
- search, view, reproduce, download and store, in printed or electronic form, Zmags Materials from the Subscribed Services;
- customize and incorporate such Zmags Materials, in whole or part, in documents, memoranda, articles and other work product prepared by User on the Subscriber’s behalf in connection with client matters, or for the Subscriber’s internal use (“Subscriber Materials”); and
- provide, transmit or distribute such Zmags Materials to others.
C. License Restrictions
D. Access Restrictions
User shall not access or attempt to access any Zmags Materials other than through Subscribed Services for which s/he is authorized, or otherwise circumvent or attempt to circumvent any access restrictions or controls through hacking or other means. User shall not disclose his/her assigned user name or password to anyone.
E. Google (YouTube) API Services
F. Proprietary Rights
G. Prohibited Activities
- remove, alter or obscure any citation or attribution of the author or source, or any notice of copyright, trademark or other proprietary rights on any Zmags Materials or make any use of the Zmags Marks without Zmags’s prior written consent;
- interfere with any other User’s access, use or enjoyment of the Zmags Services;
- use the Zmags Services or Zmags Materials in a manner contrary to or in violation of any applicable law, regulation or rule of any jurisdiction, governmental agency or securities exchange;
- use any Zmags Services to store, distribute or transmit any material without authority or right to do so or in violation of any contractual or fiduciary duty, or that is otherwise unlawful, harmful, threatening, defamatory, obscene, harassing, disparaging of any person or group on the basis of race, ethnicity, religion, age, gender or sexual orientation;
- access or use any content, materials or services not intentionally provided or otherwise made available by Zmags;
- reverse compile, disassemble, reverse engineer or otherwise seek to discover the source code form of any Zmags software or other technology, except as may be allowed by applicable law which is incapable of exclusion by agreement between the parties;
- introduce any virus, denial of service attack or other potentially harmful or malicious software code or device into the Zmags Services or Zmags Materials, or use the Zmags Services in any manner that might destroy, damage or degrade performance of any data communications facility, network, server, system, component, software or data used to deliver the Zmags Services;
- use, reproduce, download or transmit any Zmags Services or Zmags Materials for the purpose of providing any services to third parties (whether or not for a fee), or otherwise exploit any Zmags Services or Zmags Materials to Zmags’s commercial disadvantage;
- use any network software, device or manual process to monitor, download or copy the Zmags Services or Zmags Materials, to extract information concerning usage or individual User; or
H. Warranty Disclaimers and Exclusion of Liability
I. Governing Law; Jurisdiction and Venue
J. Amendment and Waiver; Severability