Zuild.net Terms of Service
Duck Pond, Inc.
Version 1.0. Last update 2007 September 16.
Preface
Zuild.net is an online service providing tools to allow digital gamers to communicate
with one another, plan events, create personal profiles, and share digital content.
This Terms of Service Agreement (“Agreement”) establishes an entire, legally binding
contract between you (“User”) and Duck Pond, Inc. (“DPInc”), owner and operator
of Zuild.net. By visiting this site, whether having created an account (“Account”)
with Zuild.net (a “Member”) or having not (a “Visitor”), you hereby agree to the
terms set forth in this Agreement. If you do not wish to or cannot agree to the
terms set forth in this Agreement then cease using any Zuild.net services immediately.
If there are any questions about this agreement please contact us at
help@zuild.net.
Term & Eligibility
By using any Zuild.net services you maintain that you are in the legal capacity
to do so, are of 14 years of age or older. Use of any Zuild.net services is void
where prohibited. The Agreement shall be in full effect while using Zuild.net or
while a registered member of Zuild.net.
Membership
Should the User create an Account and become a Member, the User is granted access
to additional Zuild.net services. Membership in Zuild.net may be terminated by DPInc
at any time for any reasons including by not limited to violation of the Agreement.
It is the User’s sole responsibility to maintain the confidentiality of his or her
Account password. The User agrees not to disclose his or her Account password to
other persons or entities at any time. The User also agrees not to use the Account
username or password of any other Zuild.net users. Should the User suspect his or
her Account password’s confidentiality has been compromised, the User must notify
DPInc immediately.
Prohibited Activity
The User, whether a Visitor or Member, may not use content hosted or provided by
Zuild.net for commercial or for-profit reasons. The User may not upload or post
inflammatory or offensive content, nor upload or post links to such content, including
but not limited content featuring pornography, nudity, sexual behavior, racism,
hatred, genocide, or serious physical harm to humans or animals. The User may not
use Zuild.net services or content seen on Zuild.net to harass or threaten other
Users or other persons. The User may not send or encourage the sending of “spam”,
“junk mail”, or “chain letters” using Zuild.net services or any other services.
The User may not solicit passwords or account information, be it Zuild.net account
information or otherwise, from other Users or other persons. The User may not impersonate
or attempt to impersonate official Zuild.net administrators and moderators. The
User may not impersonate other Users or other persons. The User may not use Zuild.net
services to carry out or plan for any illegal activity.
Content
Content posted or uploaded by the User does not become the property of DPInc. The
User may only post or upload content of which the User has proper license or ownership
to do so. The User may not post or upload, knowingly or otherwise, content which
is owned by other persons or entities without proper license to do so. By posting
or uploading content to Zuild.net, the User grants DPInc a limited, non-exclusive
license to reproduce and redistribute said content, and the User ensures that he
or she has the legal ability to grant such a license. The User may not post or upload
content featuring the likenesses of other persons without permission from such other
persons. The User may not post or upload content which encourages or invokes violent
or unlawful activity, and may not post or upload content which is unlawful to posses
or share. Content upload or posted by the User becomes in no way endorsed or protected
by DPInc. DPInc may at any time, for any reason, remove content uploaded or posted
by the User.
Disclaimers
Zuild.net services are offered as-is, with no express or implied warranties other
than those explicitly described in this Agreement if any. DPInc is not responsible
for inaccurate, incomplete, or incorrect content seen on or accessed by Zuild.net
services, regardless of the origin of such content. DPInc is not responsible for,
nor necessarily endorses, content accessed by means other than Zuild.net services,
including content accessed via links posted on Zuild.net. DPInc is not responsible
for any property damage or bodily or mental harm that may occur as a result of using
any Zuild.net services.
Limitation on Liability
Under no circumstances shall DPInc be liable to you or any third parties for any
indirect, incidental, consequential, exemplary, special or punitive damages, including
lost profit damages arise from your use of any Zuild.net services, even if DPInc
was or has been advised on the possibility of any such damages. You agree to indemnify
and hold DPInc, its subsidiaries, and affiliates, and their respsective officers,
agents, partners and employees, harmless from any loss, liability, claim, or demand,
including reasonable attorneys’ fees, made by any third party due to or arising
out of your use of any Zuild.net services.
Agreement
The failure of DPInc fulfill or enforce any right or provision of the Agreement
shall not act as a waiver of such right or provision. Should any portion of the
Agreement be deemed unlawful, all remaining portions of the Agreement shall remain
in fullest effect possible under the law.