This agreement ("Agreement") is a binding legal contract between you and SMIZONE.ME, covering your use of the website yzone.me and other related websites ("Sites") and any of our services, including without limitation, our cross-platform social analytics and intelligence software platform ("Services"). If you do not agree with these terms, please stop using this website and refrain from using our data.
You may access and use the Sites and/or Services only if you are 18 years or older and capable of forming a binding contract with SMIZONE.ME and are not barred from accessing and using the Sites and/or Services under applicable law. If you are accessing and using the Sites or Services on behalf of a company (such as your employer) or other legal entity, you represent and warrant that you have the authority to bind that company or other legal entity to this Agreement. In that case, “you” and "your" will refer to that company or other legal entity.
Some features of the Sites and some Services can only be accessed with an account ("Account"). You can create an Account via the Sites. You are responsible for everything done through your Account.
We are strongly committed to respecting intellectual property and other rights. To report infringement, please email us right away at firstname.lastname@example.org.
Content and Content Rights: For purposes of this Agreement: (i) “Content” means text, graphics, images, music, software, audio, video, works of authorship of any kind, and information or other materials that are posted, generated, provided or otherwise made available through the Sites or Services; and (ii) "User Content" means any Content that users (including you) provide to be made available through the Sites or Services. Content includes without limitation User Content.
Content Ownership and Responsibility: SMIZONE.ME does not claim any ownership rights in any User Content and nothing in this Agreement will be deemed to restrict any rights that you may have to use and exploit your User Content. Subject to the foregoing, SMIZONE.ME and its licensors exclusively own all right, title and interest in and to the Sites and Services and Content, and all underlying software, technology and processes and any enhancements or modifications thereto, including all associated intellectual property rights therein. You acknowledge that the Sites, Services and Content are protected by copyright, trademark, and other laws of the United States and foreign countries. You agree not to remove, alter or obscure any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying the Sites, Services or Content.
You will indemnify, defend, and hold harmless SMIZONE.ME, its affiliates, officers, directors, shareholders, employees, contractors, licensors, licensees, agents, and representatives (the "Covered Entities") against all liability, claims, costs, damages, settlements, and expenses (including interest, penalties, attorney fees and expert witness fees) ("Liabilities") incurred by any Covered Entity in any way arising out of or relating to this Agreement, your violation of this Agreement, your User Content, or your use of the Sites and/or our Services. SMIZONE.ME reserves the right, at your expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, and in such case, you agree to cooperate with our defense of such claim.
THE COVERED ENTITIES MAKE NO WARRANTY OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING WITHOUT LIMITATION WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR USE, AND NON INFRINGEMENT. THE COVERED ENTITIES DO NOT MAKE ANY REPRESENTATION AS TO THE POTENTIAL REVENUES OR OTHER BENEFITS YOU MAY REALIZE BY USING THE SERVICES. THE SITES AND THE SERVICES ARE PROVIDED AS IS AND AS AVAILABLE. WE DO NOT REPRESENT THAT THE SITES OR THE SERVICES WILL BE CONTINUOUSLY AVAILABLE, ERROR FREE, OR FREE OF VIRUSES, OR THAT PROBLEMS WILL BE CORRECTED. Like all Internet businesses, our Sites and Services are vulnerable to down time (1) caused by outages to any public Internet backbones, networks or servers, (2) caused by any failures of your equipment, systems or local access services, (3) for previously scheduled maintenance or (4) relating to events beyond our control such as strikes, riots, insurrection, fires, floods, explosions, war, governmental action, labor conditions, earthquakes, natural disasters, or interruptions in Internet services to an area where our or your servers are located. We cannot guarantee complete accuracy in the information we report.
THE COVERED ENTITIES ARE NOT RESPONSIBLE FOR ANYTHING ACCESSED VIA ANY LINKS TO THIRD PARTY WEBSITES, SERVICES, SOFTWARE OR ANYTHING ELSE. YOU BEAR ALL RISKS ASSOCIATED WITH USING THIRD PARTY LINKS, WEBSITES, ETC.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE COVERED ENTITIES SHALL NOT BE LIABLE FOR DIRECT, CONSEQUENTIAL, INCIDENTAL, INDIRECT, SPECIAL, PUNITIVE OR OTHER DAMAGES (INCLUDING WITHOUT LIMITATION LOST PROFITS, BUSINESS INTERRUPTION OR LOSS OF BUSINESS INFORMATION) ARISING OUT OF OR RELATED TO THE AGREEMENT OR THE USE OF OR INABILITY TO USE THE SITES OR ANY SERVICES, EVEN IF THEY HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW LIMITS OF LIABILITY FOR SOME DAMAGES SO THIS LIMITATION MAY NOT APPLY TO YOU.
The Agreement incorporates all SMIZONE.ME policies, which can be found on the Sites. We reserve the right to change the Agreement and our policies at any time. When we make such changes, we will post them to our websites and you will be able to access them through the same link you used before. Your use of the Sites and/or the Services after such changes constitutes acceptance of the new terms and/or policies. SMIZONE.ME will be entitled to recover any legal fees and other costs associated with enforcing the Agreement.