Terms of Service
Last updated on April 29, 2017
PLEASE READ THESE TERMS AND CONDITIONS OF USE CAREFULLY. AS THEY INCLUDE A CLASS ACTION WAIVER AND WAIVER OF JURY TRIALS, AND REQUIRE BINDING ARBITRATION ON AN INDIVIDUAL BASIS TO RESOLVE DISPUTES. BY USING THIS SERVICE, YOU AGREE TO ABIDE BY THESE TERMS AND CONDITIONS.
This Terms of Service Agreement (the "Agreement") is a legal agreement between you (“you”) and ZEPPELINX INC., a California Corporation ("Company" or “we” or “us”) for use of the website found at https://www.zepl.com, the servers used by the website, the computer files stored on such servers, and all services, features, applications, and content offered by the Company (collectively, the "Service").
Acceptance of Terms
Changes to Terms
We may modify this Agreement from time to time in our sole discretion. Any amended terms automatically take effect 10 days after they are initially posted on this site. Your use of the Service following the effective date of any modifications to this agreement will constitute your acceptance of the agreement, as modified. You agree that notice on the Service of modifications is adequate notice.
Registration and Eligibility
- You must be at least 18 years of age to create an Account.
- You shall not have more than one Account at any given time, and shall not create an account using a false identity or information, or on behalf of someone other than yourself.
- You shall not have an Account or use the Service if you have been removed previously by the Company.
- You may not share your Account with any other person.
The Company grants you a limited, revocable, non-exclusive, non-transferable license to access and use the Service in accordance with the terms of this Agreement for your own individual personal and business purposes. All rights, title, and interest in and to the Service not expressly granted in this Agreement are reserved by the Company.
Intellectual Property Rights, Copyright, and Trademark
The Company name, the term “Zepl,” and all related names, logos, product and service names, designs and slogans are trademarks of the Company or its affiliates or licensors. You must not use such marks without prior written permission from the Company. All other names, logos, product and service names, designs and slogans on the Service are the trademarks of their respective owners.
“User Content" means any and all data and information that you upload or submit through the Service, or that other users upload or submit. By submitting any User Content on the Service, you affirm, represent and warrant that such submission is (a) accurate and not confidential; (b) not in violation of any applicable laws, contractual restrictions or other third party rights, and that you have permission from any third party whose personal information or intellectual property is comprised in the User Content or are complying with open source software licenses if applicable; and (c) free of viruses, adware, spyware, worms or other malicious code.
You understand that you are entirely responsible for all of the User Content you make available through the Service. We do not control the User Content that you share publicly or that other users share and we cannot guarantee the accuracy, integrity, or quality of your information or that of other users.
Further, when you submit User Content on the Service, you represent and warrant that you have the right, power, and authority to post such User Content and grant the license specified below. You further represent and warrant that by posting or providing such User Content you will not violate third-party rights of any kind, including, without limitation, any intellectual property rights, rights of publicity, and privacy rights.
User Content License
By uploading User content to the Service or otherwise submitting information and content through the Service, you grant the Company a license to use such User content for the purpose of administering and providing the Service, without any requirement by us to pay any fees or be subject to further restrictions or limitations.
Restrictions on Your Use of the Service
As a condition of using the Service, you agree not to use the Service for any purpose that is prohibited by this Agreement. You are responsible for all of your activity in connection with the Service and you shall abide by all local, state, national, and international laws and regulations and any applicable regulatory codes. You agree to the following:
- You may not resell, rent, lease, loan, sublicense, distribute, or otherwise transfer rights to the Service or any portion thereof.
- You may not modify, reverse engineer, decompile or disassemble the Service or any portion thereof.
- You may not copy, adapt, alter, modify, translate, or create derivative works of the Service without written authorization of the Company.
- You may not permit other individuals to use or access the Service, including but not limited to shared use via a network connection, except under the terms of this Agreement or with the written consent of the Company.
- You may not circumvent or disable any technological features or measures in the Service for protection of intellectual property rights.
- You may not use or access the Service in an attempt to, or in conjunction with, any device, program, or service designed to circumvent technological measures employed to control access to, or the rights in, a content file or other work protected by the copyright laws of any jurisdiction.
- You may not use or access the Service to compile data in a manner that is used or usable by a competitive product or service.
- You shall not use or access the Service to advertise, solicit, or transmit any commercial advertisements, including chain letters, junk e-mail or repetitive messages to anyone.
- You shall not use or access the Service to violate any law, any contractual obligation to which you are bound, or for any other improper purpose.
- You shall not use or access the Service for the purpose of disseminating information which you do not own, control and otherwise do not have the authority to disseminate.
- You shall not use or access the Service to intimidate, threaten, extort, harass or otherwise violate the privacy rights of others.
- You shall monitor your Account to restrict use by minors, and you will deny access to children under the age of 13. You accept full responsibility for any unauthorized use of the Service by minors in connection with your Account and you are responsible for any use of your credit card or other payment instrument by minors.
Further, you agree not to post or make available any inappropriate content on the Service including, but not limited to, libelous, defamatory, obscene, pornographic, abusive, or threatening content; content that advocates or encourages conduct that could constitute a criminal offense, give rise to civil liability, or otherwise violate any applicable local, state, national, or foreign law or regulation; content that is misleading or not true; or advertise or otherwise solicits funds for goods or services. If you post inappropriate content, we may remove such content from our servers, and we may suspend or revoke your access to the Service, and we reserve the right to investigate, and seek applicable remedies for, violations of applicable law to the fullest extent of the law.
Any such forbidden use shall immediately terminate your license to the Service.
You are solely responsible for activity that occurs on your account and it is your responsibility to protect your personal data and maintain the confidentiality of your user information and password. You are also responsible for immediately notifying the Company of any unauthorized use of your account, or breach of your account information or password. The Company will not be liable for any loss that you may incur as a result of someone else using your username or password, either with or without your knowledge. To the extent allowable by law, you shall be liable for any expenses and reasonable attorney’s fees for your failure to safeguard user and password information and/or promptly notify the Company about unauthorized use of your account or breach of your account information or password.
We reserve the right to view, monitor, and record activity when you use the Service without notice or further permission from you, to the fullest extent permitted by applicable law, although we have no obligation to do so. Any information obtained by monitoring, reviewing, or recording is subject to review by law enforcement organizations in connection with the investigation or prosecution of possible criminal activity involving use of the Service.
Changes to the Service
From time to time and without prior notice to you, we may change, expand and improve the Service. We may also, at any time, cease to continue operating part or all of the Service, or selectively disable certain aspects of the Service or portions of the Service. Any modification or elimination of the Service will be done in our sole and absolute discretion and without an ongoing obligation or liability to you, and your use of the Service does not entitle you to the continued provision or availability of the Service.
Third Party Links and Integration
The Service may give you access to links to third-party websites or permit you to third party applications (collectively "Third Party Services"). Although the Service may permit you to use it in conjunction with Apache Zeppelin, the Company has no affiliation with Apache or the other Third Party Services. The Company does not endorse any of these Third Party Services and does not control them in any manner. Accordingly, the Company does not assume any liability associated with Third Party Services. You need to take appropriate steps to determine whether accessing a Third Party Service is appropriate, and to protect your personal information and privacy on such Third Party Service.
Users may pay a monthly subscription for access to paid features of the Service. See our Subscription Page for more information about paid features.
Digital Millennium Copyright Act
We respect the intellectual property rights of others and expect all users of our Service to do the same. We prohibit copyright infringing activities on the Service and, if properly notified, will promptly remove or disable access to such files. If you believe that your intellectual property is being used on the Service in a way that infringes copyright, please provide our designated agent listed below with the following information required by the Digital Millennium Copyright Act:
- Provide a physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
- Identify of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site.
- Identify the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit the service provider to locate the material.
- Provide information reasonably sufficient to permit us to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted.
- Provide a statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law.
- Provide a statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
Deliver notice with the information specified above to ZEPPELINX Inc.’s designated agent, whose contact information is as follows: Sejun Ra, Designated Agent 5201 Great America Parkway Suite 320, Santa Clara, CA 95054 [email protected]
ZEPPELINX INC., ITS DIRECTORS, EMPLOYEES, CONTRACTORS, SUPPLIERS, PARTNERS LICENSORS, AGENTS (“COVERED PARTIES”) REPRESENT THAT THE SERVICE IS AVAILABLE “AS IS” AND “AS AVAILABLE” WITHOUT REPRESENTATIONS OR WARRANTIES OF ANY KIND. COVERED PARTIES ASSUME NO RESPONSIBILITY FOR ERRORS OR OMISSIONS MADE BY YOU, OR ERRORS OR OMISSIONS IN ANY CONTENT THAT IS REFERENCED BY OR LINKED TO THE SERVICE. WITH RESPECT TO THE SERVICE, AND ALL CONTENT, DATA AND INFORMATION IN RELATION THERETO, COVERED PARTIES EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND AS TO THE SERVICE, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, COVERED PARTIES WILL NOT BE LIABLE FOR THE ACCURACY OR RELIABILITY OF ANY DATA, INFORMATION OR CONTENT, FOR ANY SERVICES INTERRUPTIONS, OR FOR ANY FAILURE OR DELAY RESULTING FROM ANY ACTS OF FORCE MAJEURE OR ACTS THAT ARE OTHERWISE OUTSIDE OF THE COMPANY’S OR ITS LICENSORS’ OR AGENTS’ REASONABLE CONTROL, OR ANY INTERNET OR TELECOMMUNICATIONS FAILURE OR YOUR INABILITY TO ACCESS THE SERVICE. NOR CAN THE COMPANY OR ITS AFFILIATES, LICENSORS OR AGENTS GUARANTEE THE COMPLETE SECURITY OF THE SERVICE, THAT THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICE WILL MEET YOUR EXPECTATIONS OR THAT ANY ERRORS IN THE TECHNOLOGY WILL BE CORRECTED. YOU AGREE THAT ANY DOWNLOADS OF CONTENT OR MATERIALS RELATED TO THE SERVICE IS DONE AT YOUR OWN RISK AND YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER/SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF OR ACCESS TO ANY SUCH MATERIALS. IN ADDITION, WE CANNOT ALWAYS ANTICIPATE TECHNICAL OR OTHER DIFFICULTIES WITH THE SERVICE, EITHER PRESENTLY OR AS THEY EVOLVE; THE SERVICE MAY CONTAIN BUGS, ERRORS OR OTHER PROBLEMS, WHICH MAY RESULT IN LOSS OF DATA OR SETTINGS. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES; ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
Limitation of Liability
THE COVERED ENTITIES EXPRESSLY DISCLAIM ANY LIABILITY WITH RESPECT TO OR ARISING OUT OF ANY USE OF THE SERVICE THAT VIOLATES THE LAW OR ANY PROVISION OF THIS AGREEMENT. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE LIABILITY OF THE COMPANY, ITS AFFILIATES, LICENSORS AND AGENTS TO YOU SHALL NOT EXCEED THE GREATER OF: (i) THE FEES YOU’VE PAID TO THE COMPANY IN THE PAST TWELVE (12) MONTHS; OR (ii) ONE HUNDRED U.S. DOLLARS ($100). COVERED PARTIES SHALL NOT IN ANY EVENT BE LIABLE FOR ANY SPECIAL, INCIDENTAL, INDIRECT OR CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO DAMAGES MEASURED BY LOST PROFITS, OR FOR DAMAGES FOR LOST OPPORTUNITY, LOSS OF GOODWILL, LOSS OF USE, LOSS OF DATA OR OTHER INTANGIBLE LOSSES, EVEN IF THE COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, WHETHER IN AN ACTION IN CONTRACT, TORT (INCLUDING BUT NOT LIMITED TO NEGLIGENCE), EQUITY OR OTHERWISE, ARISING OUT OF OR IN ANY WAY CONNECTED TO USE OF THE SERVICE. Some jurisdictions do not permit the limitation or exclusion of certain categories of liability, so some of the above limitations may not apply to you.
You agree to defend, indemnify and hold harmless the Covered Parties (defined above) from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses or fees (including reasonable attorneys’ fees) arising out of or relating to your (a) violation of this Agreement; (b) violation of the intellectual property, privacy or other rights of others; and (c) use of or access to the services or information provided on the Service.
The Company may terminate your license to use the Service with or without cause at any time, with or without notice if the Company determines, in its sole discretion, that you have breached this Agreement or have otherwise failed to comply with any term of this Agreement. All provisions of this Agreement, which, by their nature, should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.
You agree to resolve any dispute, claim, or controversy with us arising out of or relating to your use of the Service in the following manner. First, we both agree to attempt in good faith to resolve the dispute informally by contacting each other by email (you can email us at [email protected]). Second, if the dispute is not resolved through informal resolution, we both agree to attempt in good faith to resolve the dispute through mediation administered by JAMS, which shall take place in Santa Clara County, California, and the costs of which shall be divided equally between you and the Company. Third, if the dispute is not resolved through informal resolution and mediation, we both agree to participate in binding arbitration administered by JAMS, which shall take place in Santa Clara County, California.
Either you or we may bring a lawsuit solely for injunctive relief without first engaging in the dispute resolution process described above. Any lawsuit initiated pursuant to the terms of this Agreement or otherwise shall be in an appropriate state or federal court located in Santa Clara County, California. We both agree to personal jurisdiction there.
We both agree that, in the event of arbitration, or in the event of a lawsuit as permitted by this Agreement or otherwise, the prevailing party shall be entitled to costs and fees (including reasonable attorneys’ fees). Arbitration pursuant to this Agreement shall be confidential, and neither you, nor us, nor the arbitrator may disclose the existence, content or results of any arbitration, except as may be required by law or for purposes of enforcement or appeal of the arbitration award. Judgment on any arbitration award may be entered in any court having proper jurisdiction.
Waiver of Class or representative action: There shall be no right or authority for any claims subject to this arbitration clause to be arbitrated on a class action or consolidated basis or on bases involving claims brought in a purported representative capacity on behalf of the general public (including, but not limited to, as a private attorney general).
WAIVER OF JURY TRIAL: YOU AND COMPANY EACH HEREBY IRREVOCABLY WAIVE ANY AND ALL RIGHT TO TRIAL BY JURY IN ANY LEGAL PROCEEDING ARISING OUT OF OR RELATED TO THIS AGREEMENT OR THE TRANSACTIONS CONTEMPLATED HEREBY.
Any cause of action you may have with respect to your use of the Service must be commenced within one (1) year after the claim or cause of action arises. A printed version of this agreement shall be admissible in judicial or administrative proceedings.
Nothing contained herein shall limit the Company’s ability to terminate or restrict your access to the Service as provided in this Agreement.
If any portion of this arbitration clause is determined by a court to be inapplicable or invalid, then the remainder shall still be given full force and effect.
BY USING OR ACCESSING THE SERVICE, YOU HEREBY ACKNOWLEDGE THAT YOU HAVE READ THIS AGREEMENT, UNDERSTAND IT, AND AGREE TO BE BOUND BY ITS TERMS AND CONDITIONS.
The Service is operated by ZEPPELINX Inc.
All feedback, comments, requests for technical support and other communications relating to the Service should be directed to: [email protected].