Terms of Use
ZENCAT PRODUCTIONS -
TERMS OF USE
WELCOME ABOARD OUR
SITE--UNCENSOREDINTERVIEW.COM! HERE’S THE DEAL, EVEN WITH AN
UNCENSORED SITE LIKE OURS, IT’S IMPORTANT TO INCORPORATE LEGAL
GUIDLELINES AND TO RESPECT THE RIGHTS OF OTHERS. IF WE’RE GOING
TO PRESENT OUR VIDEOS AND YOUR V-SPONSES FOR ALL TO SEE, WE NEED TO
FOSTER AN ENVIRONMENT PROTECTIVE OF OWNERS’ RIGHTS, PERSONAL
PRIVACY AND CHILDREN’S INTEGRITY. THEREFORE, WE PROHIBIT
COPYRIGHT INFRINGEMENT, HACKING, KIDDIE PORN….YOU GET THE
PICTURE, RIGHT?
PLEASE READ THIS
DOCUMENT CAREFULLY! IT DESCRIBES YOUR RIGHTS AND RESPONSIBILITIES
AND CONSTITUTES A LEGALLY BINDING AGREEMENT BETWEEN YOU AND ZENCAT
PRODUCTIONS LLC (“ZENCAT,” “WE,” “US”
OR “OUR”), THE OWNER AND OPERATOR OF UNCENSORED
INTERVIEW.COM (THE “SITE”) REGARDING YOUR USE THE SITE.
BY USING THE SERVICE, INCLUDING VIEWING CONTENT, YOU AGREE TO BE
BOUND BY THESE TERMS AND CONDITIONS (WHETHER OR NOT YOU CHOOSE TO
BECOME A MEMBER). YOUR ACCESS TO AND USE OF UNCENSOREDINTERVIEW.COM
IS EXPRESSLY CONDITIONED ON YOUR COMPLIANCE WITH THESE TERMS OF USE.
These Terms of Use govern your use of the Site, as well
as the associated webpages, services, features and functions made
available by ZENCAT and the Site and any and all branded, equivalent,
mirror, replacement, substitute or backup websites and webpages and
those containing authorized content owned by ZENCAT (individually and
collectively, the "ZENCAT Services"). These Terms of Use,
together with ZENCAT’s Privacy Policy
and
ZENCAT’S V-sponse Upload Service Agreement constitute
legally binding agreements between you and ZENCAT
(collectively, the “Agreements”). In order to
participate in ZENCAT Services, you may be required to download
software or content and/or agree to additional terms and conditions.
Unless otherwise provided by additional terms and conditions
applicable to ZENCAT Services in which you choose to participate,
those additional terms are hereby incorporated into the Agreements.
TERMS OF SERVICE:
ZENCAT Services are offered
and made available only to users 13 years of age or older - ZENCAT
Services are not intended for children under 13. Your account may be
terminated without warning, if we believe, in our sole discretion,
that you are under 13 years of age. By using or attempting to use
ZENCAT Services, you certify that you are at least 13 years of age
and are fully able and competent to enter into the terms, conditions,
obligations, affirmations, representations and warranties set forth
in the Agreements and to abide by and comply with the Agreements. If
you are not yet 13 years old, or your use of ZENCAT Services is
prohibited or restricted in any way by the laws, regulations or other
governmental requirements of the jurisdiction in which you live or
reside, or if, for any reason or at any time, you do not agree with
all of the terms and conditions of the Agreements, please do not use
ZENCAT Services. Use of ZENCAT Services is void where prohibited.
By
using ZENCAT Services, you understand, acknowledge and agree to be
bound by the Agreements, whether you are a "Visitor,"
meaning that you simply browse the Site or you are a "Member"
meaning that you have registered with ZENCAT. The term "User"
refers to a Visitor or a Member. This Agreement will remain in full
force and effect as long as you are a User of ZENCAT Services, even
if your use of or participation in any particular service, feature,
function or promotional activity terminates, expires, ceases, is
suspended or deactivated for any reason.
The words "use"
or "using" in the Terms of Use means any time a User,
directly or indirectly, with or without the aid of a machine or
device, does or attempts to access, interact with, display, view,
print or copy from ZENCAT Services, transmit, receive or exchange
data or communicate with the ZENCAT Services, or in any way benefits,
takes advantage of or interacts with any function, service or feature
of the ZENCAT Services, for any purpose whatsoever. The Agreements do
not cover your rights or responsibilities with respect to third party
content or any websites or links that may direct your browser or your
connection to third party websites or webpages.
Please choose
carefully the information you post on ZENCAT Services and that you
provide to other Users. For your own protection and ours, you may not
post the following items: telephone numbers, street addresses, last
names, or photographs, writings or graphics that contain nudity,
obscene, lewd, excessively violent, harassing, sexually explicit or
otherwise objectionable subject matter. Despite this prohibition,
information provided by other Users may contain inaccurate,
inappropriate, offensive or sexually explicit material, products or
services, and ZENCAT assumes no responsibility or liability for this
material. If you become aware of misuse of ZENCAT Services by any
person or if you believe any content on the ZENCAT Services violates
these Terms of Use and would like to report it, please contact us at
content@uncensoredinterview.com. We do not guarantee a response and
we reserve the right to decide what, if any, action to take in
response.
The Agreements, and any rights and licenses granted
under them, may not be transferred or assigned by you, but may be
assigned by ZENCAT without restriction or notice to you.
1.
REGISTRATION
The Agreements shall remain in full force
and effect while you use ZENCAT Services. There are portions of
ZENCAT Services that we make available to Users in the general public
without registering and you may visit and browse those portions
without charge or obligation; provided, however, we reserve the right
to make changes, limit or restrict those portions at any time in our
discretion, without notice to you.
ZENCAT reserves the right,
in its sole discretion, to reject, refuse to post or remove any
posting by you, or to restrict, suspend or terminate your access to
all or any part of ZENCAT Services at any time, for any or no reason,
with or without prior notice, and without liability. Even after your
account is terminated, the Agreements will remain in effect.
You
acknowledge that ZENCAT reserves the right to charge for ZENCAT
Services and to change its fees from time to time in its discretion.
If ZENCAT terminates your account because you have breached the Terms
of Use, you shall not be entitled to the refund of any unused portion
of fees.
In order to access and use certain services, features
or functions of the ZENCAT Services, such as V-sponses, Comments and
Communities (as defined below and in the ZENCAT V-sponse Upload
Service Agreement), and in general any interactive feature of the
ZENCAT Services, we require Users to register and create an account.
As part of the registration process, you will need to select and
provide us with a unique user name and choose a password which must
form a unique combination (a "User ID"). You must also
provide your valid e-mail address and other information that we may
require. We may also, at any time, provide Users with additional
codes or passwords necessary to access and use certain services,
features or functions of the ZENCAT Services. Please read our Privacy Policy, which describes the non-public, personally
identifiable information we collect, use, disclose, manage and store.
When creating your account, you must provide accurate and complete
information. You are solely responsible for the activity that occurs
with your User ID and you must keep your account password secure. You
are entirely responsible for maintaining the confidentiality of your
password. Your User ID is personal to you and you may not allow any
others to use your User ID under any circumstances. You may never use
another's account without permission. We are not liable for any harm
caused or related to the theft or misappropriation or disclosure of
all or any portion of your User ID caused by your disclosure of it or
your authorization of anyone else to use your User ID. You agree to
immediately notify ZENCAT if you become aware of or believe there is
or may have been any unauthorized use of (or activity using) your
User ID or any other need to deactivate your User ID due to security
concerns. Although ZENCAT will not be liable for any losses caused by
any unauthorized use of your account, you may be liable for the
losses of ZENCAT or others due to such unauthorized use.
2.
MODIFICATIONS
ZENCAT may modify the Agreements from time
to time at our sole discretion and such modification shall be
effective upon posting by ZENCAT on the Site. We will post or display
notices of material changes on the Site and we may also, in our sole
discretion, e-mail you about such changes. Once we post them on
ZENCAT Services, these changes become effective immediately and if
you use the ZENCAT Services after they become effective it will
signify your agreement to be bound by the changes. You should check
back frequently and review the Agreements regularly so you are aware
of the most current rights and obligations that apply to you. We
reserve the right to change, modify, withdraw, suspend or even
permanently discontinue all or any portion of the ZENCAT Services at
any time, without any liability or obligation to you, with or without
notice.
3. PRIVACY
We respect your privacy and
the use and protection of your personally identifiable information.
Please see our Privacy Policy for
important information and disclosures relating to the collection and
use of your personally identifiable information. If you have any
questions regarding ZENCAT’s privacy practices, you may send
your question to us by e-mail to: info@uncensoredinterview.com.
4.
OWNERSHIP AND PROPRIETARY RIGHTS
ZENCAT Services (except
for postings by Users), including without limitation, all content,
media and materials, software, code, design, text, scripts, messages,
images, photographs, illustrations, audio and video material, media
files, artwork, graphic material, articles, databases, proprietary
information, writings, spoken statements, music, video recordings,
audio-visual works and recordings, slides, portraits, works of
authorship, animated and/or motion pictures, interactive features,
caricatures, likenesses, profiles, vocal or other sounds, sound
recordings, voices, voice reproductions, computer graphics and visual
effects, as well as any accompanying documentation, packaging or
other materials, tangible or intangible, and all copyrightable or
otherwise legally protectable elements of ZENCAT Services, including,
without limitation, trademarks, service marks and logos (“Marks”),
the selection, sequence, “look and feel” and arrangement
of items, and all derivative works, translations, adaptations or
variations of same, regardless of the medium, format or form, now
known or hereinafter developed or discovered, and regardless of where
produced, on location, in a studio or elsewhere, in black-and-white
or in color, alone or in conjunction with other work, characters,
real or imaginary, in any part of the world (all of the foregoing,
individually and/or collectively, is referred to herein as "Content")
are owned by or licensed by ZENCAT and/or its affiliates, and their
advertisers, licensors, suppliers, service providers, promotional
partners and/or sponsors, subject to copyright and other intellectual
property rights under United States and foreign laws and
international conventions. Our Content is legally protected, without
limitation, under U.S. Federal and State, as well as applicable
foreign laws, regulations and treaties. Unless the context clearly
requires otherwise or we explicitly say so in writing, the term
"ZENCAT Services" includes "Content" as well.
ZENCAT Services also contain material submitted by Users, such as “V-sponses,” “Comments” and other User postings (collectively, “Posts” or “Postings”) which are further defined below or in the ZENCAT V-sponse Upload Service Agreement.
ZENCAT Services are
provided to you AS IS for your information and personal use only.
Unless we specifically notify you otherwise in writing, you shall
not, nor will you allow any third party, whether or not for your
benefit, to reproduce, use, copy, modify, adapt, translate, create
derivative works from, display, perform, publish, post, distribute,
sell, license, upload, transmit, disseminate, broadcast or circulate
to any third party (including, without limitation, on or via a third
party website) or otherwise exploit, any Content. ZENCAT authorizes
you to access, and grants you the right to use, ZENCAT Services
solely for your non-commercial, non-exclusive, non-assignable,
non-transferable and limited personal use and for no other purpose
whatsoever. You must not alter, delete or conceal any copyright or
other notices contained on ZENCAT Services including notices on any
Content you download, transmit, display, print or reproduce from
ZENCAT Services. ZENCAT reserves all rights not expressly granted in
and to the Services and the Content. If you download or print a copy
of the Content for personal use, you must retain all copyright and
other proprietary notices contained therein. You agree not to
circumvent, disable or otherwise interfere with security related
features of ZENCAT Services or features that prevent or restrict use
or copying of any Content or enforce limitations on use of ZENCAT
Services or the Content therein. Any unauthorized or prohibited use
of any Content or Postings, including use in contravention of the
Agreements, may subject you to civil liability, criminal prosecution,
or both. The brands, names, logos, trade names, trademarks, service
marks and other distinctive identifications on or of ZENCAT Services,
including, without limitation, "ZENCAT PRODUCTIONS LLC" and
"UncensoredInterview.com," are the intellectual property
of, and proprietary to ZENCAT PRODUCTIONS LLC, its affiliates, its or
their advertisers, suppliers and others with whom these entities may
do business. You have no right to use any of these marks or any
confusingly similar marks for any purpose without the express prior
written consent of ZENCAT.
5. PROCEDURE
FOR MAKING CLAIMS OF COPYRIGHT INFRINGEMENT ZENCAT does not
permit infringement of intellectual property rights on the ZENCAT
Services. You may not post, modify, distribute, or reproduce in any
way any copyrighted material, trademarks or other proprietary
information belonging to others without obtaining the prior written
consent of the owner of such proprietary rights. On notice, we will
act expeditiously to remove material on the ZENCAT Services that
infringes the copyrights of others and will disable the access to
ZENCAT Services of anyone who uses them repeatedly to infringe the
intellectual property rights of others.
If you believe ZENCAT Services contain elements that infringe your copyrights in your work, please notify us by implementing the following procedures:
Notice and Procedure for Making Claims of Copyright Infringement Pursuant to Title 17, United States Code
NOTE: The following
information is provided solely for notifying us that your copyrighted
material may have been infringed. DO NOT SEND ANY INQUIRIES
UNRELATED TO COPYRIGHT INFRINGEMENT TO THE CONTACT LISTED BELOW. YOU
WILL NOT RECEIVE A RESPONSE IF SENT TO THAT CONTACT. Feedback,
comments, requests for technical support, or customer service and
other such communications (other than copyright notices) should be
directed to the Webmaster at
webmaster@uncensoredinterview.com.
UNDER FEDERAL LAW, IF
YOU KNOWINGLY MISREPRESENT THAT ONLINE CONTENT IS INFRINGING, YOU MAY
BE SUBJECT TO HEAVY CIVIL PENALTIES, INCLUDING 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 RELIANCE UPON YOUR MISREPRESENTATION. YOU MAY ALSO BE
SUBJECT TO CRIMINAL PROSECUTION FOR PERJURY.
Written
notification must be submitted to the Designated Agent for ZENCAT
PRODUCTIONS LLC.
Name of Agent Designated to Receive
Notification of Claimed Infringement: Kathleen Conkey, Esq.
Full Address of Designated Agent to Whom Notification Should be Sent: c/o ZENCAT Productions, LLC 137A Christopher Street, Suite 4B New York, NY 10014
Telephone Number of
Designated Agent: (646) 649-3946
Facsimile Number of
Designated Agent: (646) 649-3946
E-mail Address of
Designated Agent: copyright@uncensoredinterview.com
For clarity, only DMCA notices should go to the Designated Agent.
You acknowledge that if
you fail to comply with all of the notice requirements of the law,
your DMCA notice may not be valid.
Under Title 17, United
States Code, Section 512(c)(3)(A), the Notification of Claimed
Infringement must include the following:
(1) An electronic or
physical signature of the owner or of the person authorized to act on
behalf of the owner of the copyright interest;
(2)
Identification of the copyrighted work (or works) that you claim has
been infringed;
(3) 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 page of the website where it is lawfully posted; the name,
edition and pages of a book from which an excerpt was copied, etc.);
(4) A clear description of where the infringing material is
located on our website, including as applicable its URL, so that we
can locate the material;
(5) Your name, address,
telephone number and e-mail address;
(6) 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
(7) A
statement by you, made under penalty of perjury, that the information
in your notice is accurate and that you are the copyright owner or
authorized to act on the copyright owner's behalf.
6. WEB
COMMUNITIES AND POSTINGS
In addition to ZENCAT’s
owned and licensed Content, ZENCAT Services contain forums, web
communities and other message and communication facilities
("Communities") that may provide you and other Users an
opportunity to submit, upload, post, display, transmit and/or
exchange information, ideas, opinions, videos, information, files,
messages, transmissions, V-sponses and Comments with other Users
and/or with us and these are collectively referred to in the
Agreements as a "Post" or "Posting." You
understand that whether or not such Postings are published, ZENCAT
does not guarantee any confidentiality with respect to any
submissions. ZENCAT reserves the right at all times, but does not
have the obligation, to edit, refuse to post, or to remove any
Posting, in whole or part, that ZENCAT deems inappropriate for
inclusion on the Services. For any reason or for no reason, ZENCAT
may delete any Posting that in its sole judgment violates the
Agreements or which may be offensive, illegal or violate the rights,
harm, or threaten the safety of any person. ZENCAT assumes no
responsibility for monitoring the Communities for inappropriate
Postings or conduct. If at any time ZENCAT chooses, in its sole
discretion, to monitor ZENCAT Services, ZENCAT nonetheless assumes no
responsibility for Postings, no obligation to modify or remove any
inappropriate Postings and no responsibility for the conduct of the
User submitting any such Posting. Communities are public and not
private and you should assume your Postings will be seen by others,
with or without your knowledge or permission. Although a particular
Community may have a policy of limited membership or access, ZENCAT
shall have no liability if unauthorized persons nevertheless obtain
access to the Community. Your use of the Communities is at your own
risk and for your own protection you should not disclose or make
available your personally identifiable information in any Posting or
in any Community. Remember that once you have uploaded your Posting,
you will not be able to remove it. Your Posting will become public
and in some cases permanent.
ZENCAT does not endorse and has
no control over Postings. Postings do not reflect the views of
ZENCAT and ZENCAT expressly disclaims any and all liability in
connection with Postings. You understand that when using ZENCAT
Services, you will be exposed to Postings from a variety of sources,
and that ZENCAT is not responsible for the accuracy, usefulness,
safety, or intellectual property rights of or relating to such
Postings. You use the Communities solely at your own risk; you are
solely responsible for the material you post on or through any of
ZENCAT Services, and any material or information that you transmit to
other Users and for your interactions with other Users. You further
understand and acknowledge that you may be exposed to Postings that
are inaccurate, offensive, indecent or objectionable, and you agree
to waive, and hereby do waive, any legal or equitable rights or
remedies you have or may have against ZENCAT with respect thereto,
and agree to indemnify and hold ZENCAT, its owners and operators,
affiliates, licensees and/or licensors, harmless to the fullest
extent allowed by law regarding all matters related to your use of
the ZENCAT Services. You are solely responsible for your interactions
with other ZENCAT Users. ZENCAT reserves the right, but has no
obligation, to monitor disputes between you and other Users.
You understand,
acknowledge and agree that Postings originating from any User ID are
the sole responsibility of the individual associated with that User
ID. This means that you, and not ZENCAT, are entirely responsible for
the consequences of all Postings on ZENCAT Services emanating from
your User ID. In no event shall ZENCAT have or be construed to have
any responsibility or liability for or in connection with any Posting
whatsoever; provided, however, if we determine, in our sole
discretion and judgment, that any Posting does or may violate the
Agreements, we reserve the right, at any time and without limiting
any and all other rights we may have under the Agreements, at law or
in equity, to: (a) refuse to allow you to Post; (b) remove and delete
Postings; (c) revoke your right to use ZENCAT Services; and/or (d)
use any technological, legal, operational or other means available to
us to enforce the provisions of the Agreements, including, without
limitation, blocking specific IP addresses or deactivating your
registration on ZENCAT Services; (e) in the case of Postings or
conduct that may violate laws, regulations or international treaties,
to report you to law enforcement authorities.
If a Posting originates from you or your User ID, you hereby agree that:
You are granting to ZENCAT the non-exclusive, unqualified, unrestricted, unconditional, unlimited, worldwide, irrevocable, perpetual and royalty free right, license, authorization and permission, in any form or format, on or through any medium and with any technology or device now known or hereafter developed or discovered, in whole or in part, to host, cache, store, maintain, use, reproduce, distribute, display, exhibit, perform, publish, broadcast, transmit, modify, supplement, enhance, excerpt, extract, prepare derivative works of, adapt, reformat, translate and otherwise exploit all or any portion of your Posting on ZENCAT Services, and any sites, channels, services, and other distribution platforms of ZENCAT and its affiliates (collectively, the “Platforms”), for not-for-profit, commercial, educational or any purpose whatsoever (including, without limitation, for the promotion of ZENCAT, the ZENCAT Services, and the Platforms) without accounting, notification or other obligation to you, and the right to license and sub-license and authorize others to exercise any of the rights granted hereunder to ZENCAT in our sole discretion. For the avoidance of doubt, without limiting the generality of the rights granted to ZENCAT, these rights include, without limitation, the right to create derivative works of, distribute and synchronize all or any portion of your Posting in timed relation to any other visual elements; to webcast, podcast, re-publish, re-broadcast, re-platform, port, syndicate, route, and link to and from all or any portion of your Posting; to encrypt, encode and decode, and compress and decompress all or any portion of your Posting; to edit, mix, combine, merge, distort, superimpose, create or add special effects, illusions and/or other material to or of all or any portion of your Posting; to create composite, stunt, comic or unusual photographs, videos, animations, motion pictures and/or voice reproductions from all or a portion of your Posting; and to excerpt and/or extract portions of your Posting in order to host, store, index, categorize and display your Posting on or through the Platforms.
By submitting your Posting, in addition to the rights, licenses and privileges referred to above, you are also granting ZENCAT and its licensees the nonexclusive, unqualified, unrestricted, unconditional, unlimited, worldwide, irrevocable, perpetual and royalty free right, license, authorization and permission to use and refer to your name, logo, marks, image, characteristics or other distinctive identification on the Platforms and in presentations, marketing materials, customer lists and financial reports, to do, perform, take advantage of and exploit any and all of the rights set forth herein in connection with the marketing, advertising and promotion of ZENCAT, the Platforms, and any products, goods, features, functions, capabilities and/or services associated with ZENCAT and/or its licensees and to use and otherwise exploit any ideas, concepts, content, material, expression or form of expression, in whole or in part, contained in your Posting, for any purpose whatsoever, without any compensation or accounting to you, in products or services developed by ZENCAT and its licensees without limitation or restriction whatsoever. You also hereby grant each User of ZENCAT Services a non-exclusive license to access your Posting through the Platforms, and to use, reproduce, distribute, prepare derivative works of, display and perform such Posting as permitted through the functionality of the Platforms and under the Agreements;
you represent and warrant that (i) you own or have the necessary licenses, rights, consents, and permissions to use and authorize ZENCAT to use all patent, trademark, trade secret, copyright or other proprietary rights in and to any and all Postings to enable inclusion and use of the Postings in the manner contemplated by the Platforms and the Agreements; the Posting is original to you or fully cleared for use as contemplated herein, (ii) the Posting does not and will not, in any way, violate or breach any of the terms of the Agreements, (iii) the Posting does not contain libelous, tortious, obscene, defamatory, threatening, pornographic, harassing, hateful, racially, ethnically, culturally or sexually offensive material, sexually or violently exploitative material or material that encourages conduct that would be considered a criminal offense, give rise to civil liability, violate any law, regulation or other governmental requirement or restriction, infringe or violate any copyright, trademark, patent, trade secret or other third party proprietary rights, including privacy and publicity rights, unless you are the owner of such rights or have permission from their rightful owner to post the material and to grant ZENCAT all the rights granted herein, (iv) you have the written consent, release, and/or permission of each and every identifiable individual, business, firm or enterprise in the Posting to use their names, voices, Marks, premises and/or likenesses in the Posting in the manner contemplated by the Platforms and the Agreements, (v) the Posting does not contain falsehoods or misrepresentations that could damage ZENCAT or any third party, (vi) the Posting shall not be damaging or injurious to ZENCAT, any affiliates or any user, (vii) you will not post advertisements or solicitations of business; (viii) you will not impersonate another person; and (ix) we shall not be required to pay or incur any sums to any person or entity as a result of our use or exploitation of the Posting;
(c) The amount of storage space on ZENCAT Services per User is limited and some Postings may not be processed due to space constraints or outbound message limitations. You understand, acknowledge and agree we assume no responsibility for deletion of Postings or any failure to store, receive or deliver Postings in a timely manner or at all or as to any other matter relating to Postings;
(d) Posting is for noncommercial purposes only and you may not Post in any manner which does or is intended to promote or generate revenue for any business enterprise or commercial activity. ZENCAT permits you to link to materials on the Site for personal, non-commercial purposes only;
you are subject to all other terms and conditions regarding Postings in the ZENCAT V-sponse Upload Service Agreement.
7.
ADVERTISING
From time to time, you may choose to
communicate with, receive communications from, be re-directed to,
interact with, or participate in or use the services or obtain goods
and services of or from, third parties such as our advertisers,
sponsors, or promotional partners ("Advertisers") as a
result of or in connection with your use of ZENCAT Services or a
hyperlinked site. All such communication, interaction and
participation is strictly and solely between you and the Advertiser
involved and we shall not be responsible or liable to you in any way
in connection with these activities or transactions (including,
without limitation, any representations, warranties, covenants,
contracts or other terms or conditions that may exist between you and
the Advertiser or any goods or services you may purchase or obtain
from any Advertiser). ZENCAT will not be a party to or is in no way
responsible for monitoring any transaction between you and an
Advertiser.
8. RULES OF CONDUCT
You shall not
use, allow, or enable others to use ZENCAT Services, or knowingly
condone use of ZENCAT Services by others, in any manner that is,
attempts to, or is likely to:
1) affect us adversely or
reflect negatively on us, our goodwill, name or reputation or cause
extreme distress to us or anyone else, or discourage any person, firm
or enterprise from using all or any portion, features or functions of
ZENCAT Services, or from advertising, linking or becoming a supplier
to us in connection with the ZENCAT Services;
2) further or
promote any criminal or tortious activity or enterprise including
child pornography, fraud, trafficking in obscene material, drug
dealing, gambling, harassment, stalking, copyright, trademark or
patent infringement, or theft of trade secrets; or provide
instructional information about illegal activities including, but not
limited to making or buying illegal weapons, violating someone's
privacy, or providing or creating computer viruses;
3) promote
information that you know is false or misleading;
4) promote
the illegal or unauthorized copying of another person's copyrighted
work, such as providing pirated computer programs or links to them,
providing information to circumvent manufacturer-installed
copy-protect devices, or providing pirated music or links to pirated
music files;
5) send or result in the transmission of junk
e-mail, chain letters, duplicative or unsolicited messages and/or
mass mailings, instant messaging, or so-called "spamming,"
“spimming” and "phishing." ZENCAT reserves the
right to restrict the number of emails that a Member may send to
other Users in any 24-hour period to a number which ZENCAT deems
appropriate in its sole discretion. If you breach these Terms of Use
and send unsolicited bulk email, instant messages or other
unsolicited communications of any kind through ZENCAT Services, you
acknowledge that you will have caused substantial harm to ZENCAT, but
that the amount of such harm would be extremely difficult to
ascertain. As a reasonable estimation of such harm, you agree to pay
ZENCAT $50 for each such unsolicited email or other unsolicited
communication you send through ZENCAT Services;
6) be used for
commercial or business purposes without prior written consent of
ZENCAT , including, without limitation, advertising, marketing,
contests, sweepstakes, barter, advertising, pyramid schemes or
offering goods or services, whether or not for financial or any other
form of compensation or through linking with any other website or
webpages, advertising to, or solicitation of, any User to buy or sell
any products or services through ZENCAT Services. It is also a
violation of these rules to use any information obtained from ZENCAT
Services in order to contact, advertise to, solicit, or sell to any
User without their prior explicit consent.
7) transmit, distribute
or upload programs or material that contain malicious code, such as
viruses, time bombs, cancel-bots, worms, Trojan horses, spyware, or
other potentially harmful files, programs or other material or
information;
8) interfere with, disrupt, or create an undue
burden on ZENCAT Services or the networks or services connected to
ZENCAT Services or the use and enjoyment of ZENCAT Services by any
other person or entity;
9) forge any TCP/IP packet header or
part of the header information in any e-mail or newsgroup posting for
any reason;
10) cover or obscure the banner advertisements on
your personal profile page, or any ZENCAT Services’ page via
HTML/CSS or any other means;
11) sell or otherwise transfer
your profile;
12) violate any laws, regulations (including,
without limitation, laws regarding the transmission of technical data
or software exported from the United States), judicial or
governmental order, any treaties or violate or infringe upon any
intellectual property rights, rights of publicity or privacy, or any
other rights of ours or of any other person, firm or enterprise; no
software may be downloaded from ZENCAT Services or otherwise exported
or re-exported in violation of U.S. export laws. By downloading or
using software, you represent and warrant that such download or use
is not in violation of any such law. ZENCAT makes no representation
that any Content is legal or appropriate for use outside of the
United States or that it is authorized for export from the United
States or for import into any other country. You are solely
responsible for complying with all import and export laws and
regulations and all applicable laws of any jurisdiction inside and
outside of the United States from which you may access ZENCAT
Services;
13) gain unauthorized access to ZENCAT Services,
other Users' accounts, names, User IDs, Personal Information or other
computers, websites or webpages, connected or linked to ZENCAT
Services or to use ZENCAT Services in any manner which violates or is
inconsistent with the terms and conditions of the Agreements;
14)
use the account, username, or password of another User at any time or
disclose your password to any third party or permit any third party
to access your account; or attempt to impersonate another User or
person;
15) solicit passwords or personally identifiable
information for commercial or unlawful purposes from other Users; or
solicit personally identifiable information from anyone under
18;
16) include a photograph or image of another person that
you have posted without that person's consent;
17) provide any
telephone numbers, street addresses, last names, URLs or email
addresses;
18) contain restricted or password only access
pages or hidden pages or images (those not linked to or from another
accessible page);
19) collect, obtain, compile, gather,
transmit, reproduce, delete, revise, view or display any material or
information, whether personally identifiable or not, posted by or
concerning any other person, firm or enterprise, in connection with
their or your use of ZENCAT Services, unless you have obtained the
express, prior permission of such other person, firm or enterprise to
do so;
20) use any computerized or automatic mechanism, including without limitation, scripts to add friends, any web scraper, offline reader, spider or robot, to access, extract or download any Content from the ZENCAT Services, unless you are expressly authorized to do so by ZENCAT. You agree not to use or launch any automated system that accesses ZENCAT Services in a manner that sends more request messages to ZENCAT servers in a given period of time than a person can reasonably create in the same period by using a conventional on-line web browser. Notwithstanding the foregoing, ZENCAT grants the operators of public search engines permission to use spiders to copy materials from the site for the sole purpose of creating publicly available searchable indices of the materials, but not caches or archives of such materials. ZENCAT reserves the right to revoke these exceptions either generally or in specific cases. (Such operators of public search engines hereby agree not to collect or harvest any personally identifiable information, including account names, from the Site, nor to use the communication systems provided by the Site for any commercial solicitation purposes, nor to use ZENCAT Services for any unlawful purpose or purpose prohibited by the Agreements.)
If you violate any
part of the Agreements, your permission to use ZENCAT SERVICES
automatically terminates and you must immediately destroy any copies
you have made of any of Content.
9. PROMOTIONS
From
time to time, ZENCAT, its affiliates or its service providers,
suppliers and Advertisers may conduct promotions on or through the
ZENCAT Services, including, without limitation, auctions, contests
and sweepstakes ("Promotions"). Each Promotion may have
additional rules which will be posted or otherwise made available to
you and, for purposes of each Promotion, will be deemed incorporated
into and form a part of the Terms of Use; provided, however, if there
is any conflict between the rules for any particular Promotion and
these Terms of Use, the rules for that Promotion shall govern that
Promotion.
10. HYPERLINKS TO THIRD PARTY SITES
The
appearance, availability or your use of URLs or hyperlinks referenced
or included anywhere on ZENCAT Services or any other form of link or
re-direction of your connection to, with or through ZENCAT Services,
does not constitute an endorsement by, nor does it incur any
obligation, responsibility or liability on the part of ZENCAT, its
affiliates or any of its or their respective officers, directors,
employees, agents, representatives, licensors, suppliers, and service
providers, successors and permitted assigns. We do not verify,
endorse, or have any responsibility for, any such third party sites,
their business practices (including their privacy policies), or any
goods or services associated with or obtained in connection with any
such site, whether ZENCAT or any affiliates' logo or sponsorship
identification is on the third party site as part of a co-branding or
promotional arrangement.
If any third party site obtains or
collects personally identifiable information from you, in no event
shall we assume or have any responsibility or liability. Please read
our Privacy Policy, which
describes how ZENCAT collects and uses your personally identifiable
information including in co-branding relationships.
11.
TERMINATION OF YOUR REGISTRATION
You may terminate your
registration and User ID, at any time and for any reason, by sending
an e-mail requesting termination of your registration to
webmaster@uncensoredinterview.com with your username, password, and
e-mail address. We will use commercially reasonable efforts to
promptly remove your registration from the ZENCAT Services. We may
terminate your use of and registration on ZENCAT Services, at any
time and for any reason, with or without cause, without prior notice
to you and without any liability or further obligation of any kind
whatsoever to you or any other party.
12. DISCLAIMER AND
LIMITATIONS OF LIABILITY
ZENCAT SERVICES ARE
MADE AVAILABLE ON AN "AS IS" AND "AS AVAILABLE"
BASIS, WITHOUT ANY REPRESENTATION OR WARRANTY OF ANY KIND, EXPRESS OR
IMPLIED, INCLUDING, BUT NOT LIMITED TO, ALL WARRANTIES OF
MERCHANTABILITY, OF FITNESS FOR A PARTICULAR PURPOSE, TITLE AND
NON-INFRINGEMENT. IN ADDITION, ZENCAT MAKES AND PROVIDES NO GUARANTY
OR ASSURANCE ZENCAT SERVICES OR ANY CONTENT WILL OPERATE WITHOUT
INTERRUPTION OR THAT ALL SERVICES, PRODUCTS, FEATURES, FUNCTIONS,
CONTENT OR OPERATIONS WILL BE AVAILABLE OR PERFORM AS DESCRIBED OR AT
ANY PARTICULAR TIME OR TIMES. WITHOUT LIMITING THE FOREGOING, ZENCAT
IS NOT RESPONSIBLE OR LIABLE FOR 1) MALICIOUS CODE, DELAYS,
INACCURACIES, ERRORS, OMISSIONS OR MISTAKES ARISING OUT OF YOUR USE
OF ZENCAT SERVICES OR ANY SITES LINKED TO ZENCAT SERVICES 2) ANY
UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND
ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN
3) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR SITE,
(4) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE
TRANSMITTED TO OR THROUGH OUR SITE BY ANY THIRD PARTY; OR 5) THE
DEFAMATORY, OFFENSIVE, INFRINGING, BREACHING, FRAUDULENT, OR ILLEGAL
CONDUCT OF OTHER USERS OR THIRD PARTIES. YOU ACKNOWLEDGE AND AGREE
THAT YOU ARE ASSUMING THE ENTIRE RISK OF USING ZENCAT SERVICES AND
THE FEATURES AND FUNTIONS OF AND/OR ASSOCIATED WITH ZENCAT SERVICES.
YOU UNDERSTAND AND AGREE THAT, TO THE FULLEST EXTENT
PERMISSIBLE BY LAW, NEITHER ZENCAT, ITS AFFILIATES, OR ITS OR THEIR
RESPECTIVE SUCCESSORS AND ASSIGNS, NOR ANY OF ITS OR THEIR RESPECTIVE
OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, LICENSORS, REPRESENTATIVES,
SERVICE PROVIDERS, ADVERTISERS, OR SUPPLIERS, SHALL BE LIABLE FOR ANY
LOSS OR DAMAGE, OF ANY KIND, DIRECT OR INDIRECT, IN CONNECTION WITH
OR ARISING FROM USE OF ZENCAT SERVICES OR RELATED TO THIS AGREEMENT,
INCLUDING, BUT NOT LIMITED TO, COMPENSATORY, CONSEQUENTIAL,
INCIDENTAL, INDIRECT, SPECIAL OR PUNITIVE DAMAGES, REGARDLESS OF THE
FORM OF ACTION OR THE BASIS OF THE CLAIM AND EVEN IF ADVISED OF THE
POSSIBILITY OF SUCH DAMAGES.
Notwithstanding any claim
that a sole or exclusive remedy which is provided in the Terms of Use
may or does fail of its essential purpose, you specifically
acknowledge and agree that your sole and exclusive remedy for any
loss or damage shall be to have ZENCAT, upon written notice from you,
attempt to repair, correct or replace any deficient goods or services
under the Terms of Use and, if repair, correction or replacement is
not reasonably commercially practicable, to refund any monies
actually paid by you for the services and/or products involved and to
terminate and discontinue your registration and use of ZENCAT
Services. You further understand and acknowledge the capacity of
ZENCAT Services, in the aggregate and for each user, is limited and
some messages and transmissions may not be processed in a timely
fashion or at all, and some services, features or functions may be
restricted or delayed or become completely inoperable. As a result,
you acknowledge and agree that ZENCAT assumes no liability,
responsibility or obligation to transmit, process, store, receive or
deliver transactions or Postings or for any failure or delay
associated with any Postings and you are hereby expressly advised not
to rely upon the timeliness or performance of ZENCAT Services for any
transactions or Postings. Some jurisdictions do not allow for the
exclusion of certain warranties or certain limitations on damages and
remedies, accordingly some of the exclusions and limitations
described in the Terms of Use may not apply to you.
UncensoredInterview.com is controlled and offered by ZENCAT
from its facilities in the United States of America. ZENCAT makes no
representations that this Site is appropriate or available for use in
other locations. Those who access or use this Site from other
jurisdictions do so at their own volition and are responsible for
compliance with local law.
13. INDEMNIFICATION
You
agree to indemnify, defend and hold ZENCAT, its affiliates,
subsidiaries and its and their respective officers, directors,
partners, employees, agents, licensors, representatives, Advertisers,
service providers and suppliers harmless from and against: (i) any
and all claims, actions, losses, expenses, damages, demand,
obligation, liabilities, debt and costs (including reasonable
attorneys' fees), resulting from any breach or violation of the Terms
of Use by you, or resulting from your use of ZENCAT Services and/or
Postings you provide, submit or make available on or through ZENCAT
Services or your unauthorized use of any Content (ii) your violation
of any third party right, including without limitation any copyright,
property, or privacy right; or (iii) any claim that one of your
Postings caused damage to a third party. This defense and
indemnification obligation will survive the Agreements and your use
of the ZENCAT Services.
ZENCAT reserves the right to assume,
at its sole expense, the exclusive defense and control of any such
claim or action and all negotiations for settlement or compromise,
and you agree to fully cooperate with ZENCAT in the defense of any
such claim, action, settlement or compromise negotiations, as
requested by ZENCAT.
14. LAW THAT APPLIES TO THIS
AGREEMENT; MISCELLANEOUS TERMS
The Agreements and any
additional terms and conditions that apply to your use of any
specific services, features and functions or the purchase of any
products, as well as any other documents, policies and provisions we
refer to in any of the foregoing, all of which are hereby
incorporated by this reference, contain the entire understanding and
agreement between you and ZENCAT and supersedes any and all prior,
inconsistent or other understandings relating to ZENCAT Services and
your use of ZENCAT Services. The Agreements cannot be modified,
changed or terminated, except as specifically described in Section 2.
If any provision of the Agreements is held to be illegal, invalid or
unenforceable, this will not affect any other provisions and the
Agreements will be deemed amended to the extent necessary to make
them legal, valid and enforceable. Any provision which must survive
in order to allow us to enforce its meaning shall survive termination
of the Agreements; provided, however, no action arising out of the
Agreements or your use of ZENCAT Services, regardless of form or the
basis of the claim, may be brought by you more than one year after
the cause of action has arisen (or if multiple causes, from the date
the first such cause arose).
The Agreements and your use of
ZENCAT Services shall be governed by, construed and enforced in
accordance with the substantive laws of the State of New York
applicable to contracts made, executed and wholly performed in that
State, and, for the purposes of any and all legal or equitable
actions, you specifically agree and submit to the exclusive
jurisdiction and venue of the State and Federal Courts situated in
the State of New York and County of New York and agree you will not
object to such jurisdiction or venue on the grounds of lack of
personal jurisdiction, forum non conveniens or otherwise; provided,
however, that notwithstanding the foregoing, you agree that ZENCAT
has the right to commence and prosecute an action against you in
connection with the Agreements, in your home jurisdiction. To the
extent it may be applicable, you agree to opt out from and expressly
exclude any applicability of the Uniform Computer Information
Transactions Act.
IN ANY ACTION OR PROCEEDING COMMENCED TO
ENFORCE ANY RIGHT OR OBLIGATION OF THE PARTIES UNDER THE TERMS OF
USE, YOUR USE OF ZENCAT SERVICES OR WITH RESPECT TO THE SUBJECT
MATTER HEREOF, YOU HEREBY WAIVE ANY RIGHT YOU MAY NOW HAVE OR
HEREAFTER POSSESS TO A TRIAL BY JURY. YOU AND ZENCAT AGREE THAT ANY
CAUSE OF ACTION ARISING OUT OF OR RELATED TO ZENCAT SERVICES MUST
COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES.
OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.
A
printed version of the Terms of Use and of any notice given in
electronic form shall be admissible in judicial or administrative
proceedings based upon or relating to the Terms of Use to the same
extent and subject to the same conditions as other business documents
and records originally generated and maintained in printed form.
ZENCAT’S Terms of
Use was last modified February 18, 2008.
© 2007-2008
ZENCAT PRODUCTIONS LLC


















