Zatswho® Terms and Conditions

1. Use of This Webs Site Subject to Terms and Conditions.   Your use of this Web site is subject to your agreeing to these terms and conditions. (“Terms and Conditions”). You agree to these Terms and Conditions to use this Web site. Your access to and use of this Web site, located at www.Zatswho.com (“Web Site”) and any services offered or provided by or through this Web Site (“Services”) and any products offered or provided by or through this Web Site (“Products), are subject to the terms and conditions stated in this legal notice and agreement. If you do not agree to these Terms, do not access or use  this Web Site. These Terms and Conditions are subject to change from time to time, without notice, by updating or revising these Terms and Conditions. You are responsible for reviewing the Web Site for any modifications to these Terms and Conditions, including the Privacy Statement (see Paragraph No. 4 below), that may affect your rights or obligations. Any access or use after changes to these terms and conditions will constitute acceptance of the revised Terms and Conditions. Persons Under 13 Not Allowed.   You must be 13 years of age or older to use this Zatswho™ Web site. The information you provide to Zatswho ™must be true and complete, including your age, and e-mail address.

2. Personal Use Only.   Zatswho®  as well as the Services and Products provided through www.Zatswho.com are for your own personal use, and not for commercial use.

3. Inappropriate Content.    Users of Zatswho® shall not use its Services to process or produce inappropriate Content (“Inappropriate Content”). Inappropriate Content includes, without limitation:
a.  content which is abusive, deceptive, pornographic, obscene, defamatory, slanderous, offensive, or otherwise inappropriate;
b. copyrighted material used without the express permission of the owner;
c. material which violates or infringes on the rights of others, including without limitation, the intellectual property rights of any person or entity, including without limitation, as to any copyright or trademark rights
d. material which contains viruses, worms, corrupt files, Trojan horses and other forms of corruptive code, or any other content which may compromise the Service;
e. content which advocates illegal activity;
f. content that harms anyone, including minors; or
g. content that provides a link to or refers to any Web site containing any of the above.

Zatswho ®may, at its sole discretion, delete, remove, discard, block, take down, eliminate, or otherwise prohibit the use of any Content which it determines, in its sole discretion, to be such Inappropriate Content, including without limitation, prohibit the processing, designing or development of any cards or materials containing such Inappropriate Content. Zatswho® has the sole discretion to determine whether Content is Inappropriate Content, and any Content submitted to the Zatswho® may be subject to inspection. Zatswho™ is not obligated to review any or all Content submitted or transmitted to it. Zatswho™ may, at its sole discretion, delete, remove, edit materials for any reason, at any time, without notice.

No Commercial Use.   You will not (i) reproduce, duplicate, copy, sell, resell or exploit any part of the Service, or (ii) use or access the Service for any commercial purpose.

4. Privacy Statement.   We respect the privacy of your information and Zatswho® takes reasonable steps to protect it.

5. Third Party Software.   Zatswho® may make third-party software available through the Service. If you use such third-party software, you agree to be bound by the terms and conditions imposed by the third party software provider, and that said agreement is between you and said software provider.

6. Providing Information.  Zatswho® reserves the right to discontinue or change its Service or product specifications and prices without prior notice. Products are available while supplies last. Inadvertent errors in advertised prices are not binding on Zatswho® and may be adjusted by Zatswho® at any time. You’re placing an order and your receipt of an order confirmation do not constitute final acceptance of an order. Certain information may need to be confirmed prior to accepting your order. Your order, or any portion thereof, may be declined even after your receipt of an order confirmation.

7. Idea Submissions.   Any ideas or suggestions that you transmit to Zatswho® concerning the materials contained in this website will be on a non-confidential basis. Zatswho®will be free to reproduce, use, disclose and distribute such ideas or suggestions without limitation or obligation.

8. Third Party Web sites.   Links to other Internet Web sites operated by third parties, including suppliers or service providers of Zatswho® do not constitute sponsorship, endorsement or approval by Zatswho® of the content, policies or practices of such linked sites. Zatswho® is not responsible for the availability, content, security, policies or practices of linked sites, including without limitation the accuracy of content on linked sites and the privacy policies and practices of linked sites.

9. Personal Use.   The copyright in the materials and other content, including without limitation, images (“Material”) on the Web Site is owned by or licensed to Zatswho®.You are authorized to use this Material only for personal, non-commercial purposes. You may download, print and store copies of this Material for your own personal, non-commercial use. The images of people or places displayed on the site are either the property of, or used with permission by Zatswho®.The use of these images or by you, or anyone else authorized by you, is prohibited unless expressly permitted by these Terms and Conditions or expressly permitted elsewhere on this Web site. Any unauthorized use of the Material may violate copyright laws, trademark laws, rights of privacy or publicity, and communications regulations and statutes. Nothing contained on this Web Site or Service should be construed as granting, by implication or otherwise, any license or right to use any trademark or service mark displayed on the Web site without the express written permission of Zatswho® or any third party that may own the trademarks or service marks displayed on the site. Zatswho® will aggressively enforce its intellectual property rights to the fullest extent of the law.

10. Rights in Content.   In order for Zatswho®to assist you in the creation of cards from your photos, you assure Zatswho® that you have the legal right to use the digital image or other content, and you grant Zatswho certain rights to use that content as well. You hereby grant Zatswho®,its affiliates and its service providers a perpetual, world-wide, non-exclusive, royalty-free right to copy, display, modify, transmit, make derivative works of and distribute your content, solely for the purpose of providing the Service or Product. You represent and warrant to Zatswho® that you either own your content or have written permission from the copyright owner to make such content available to the Service or to grant these rights to Zatswho®.You also represent and warrant that your use of the content and the transmitting of the content to Zatswho® does not violate the rights of any person whose likeness appears. You shall not upload or otherwise transmit to Zatswho® photos or content for which you do not have the legal right to do so or for which you do not have the legal right to use in connection with the Service or Product. You are solely responsible for any violations as to copyright law, or laws with respect to right of publicity or right of privacy regarding the use or transmittal of any content in connection with the Web site, Service or Product.

11. Termination.   Zatswho® may, in its sole discretion, terminate or restrict your right to use this Web site, the Service, purchase a Product and delete, remove and/or discard any content at any time, without notice, for any reason, including, without limitation, for (a) conduct that violates these Terms or other policies or guidelines set forth by Zatswho® elsewhere on this Web Site, (b) conduct Zatswho® believes is harmful to the business of Zatswho®, or affiliates. Zatswho®will not be liable to you or any third-party for any termination or restriction of your membership or access to the Web site.

12. DMCA Copyright Claim Notice.   If you believe that your work or the work of another has been copied in a way that constitutes copyright infringement, Zatswho® has a process in place to respond to your concerns.
Digital Millennium Copyright Act Copyright Agent Notice
This notice is provided in accordance with the Digital Millennium Copyright Act. If you believe your copyright has been infringed in connection with this Web site or the services provided on or through this Web site, then provide Zatswho®’s  Copyright Agent with the following information in a written notice:
a. an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;
b. a description of the copyrighted work that you claim has been infringed;
c. a description of where the material that you claim is infringing is located on the site;
d. your address, telephone number, and email address;
e. a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent or the law;
f. a statement by you, made under penalty of perjury, that the above information in your Notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf.

Claims of copyright infringement should be addressed to:

Copyright Agent
Zatswho, LLC
PO Box 330
Hope, NJ 07844

Or email claims of infringement to: Copyright   CustomerService@zatswho.com

13. LIMITED WARRANTY, DISCLAIMER, REMEDY
a. LIMITED WARRANTY.  Zatswho, LLC WARRANTS THAT ITS PRODUCT SHALL BE FREE FROM DEFECT FOR A PERIOD OF 10 DAYS. THIS LIMITED WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS, AND YOU MAY HAVE OTHER RIGHTS WHICH VARY FROM STATE TO STATE.

b. DISCLAIMER OF WARRANTY.   EXCEPT FOR THE ABOVE EXPRESS LIMITED WARRANTY (IN SUBSECTION 12(a)), TO THE EXTENT PERMITTED UNDER APPLICABLE LAW, ZATSWHO, LLC,  AND ZATSWHO, LLC AFFILIATES EXPRESSLY DISCLAIM ANY AND ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION THE IMPLIED WARRANTIES OF MERCHANTABILITY, SUITABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. ZATSWHO, LLC MAKES NO WARRANTY THAT THIS WEB SITE OR THE PRODUCTS OR SERVICES PROVIDED THROUGH THE WEB SITE OR BY ZATSWHO, LLC, INCLUDING WITHOUT LIMITATION, ANY DOWNLOADED OR UPLOADED CONTENT, SOFTWARE OR INFORMATION, (I) WILL BE PROVIDED IN A MANNER THAT IS UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE, (II) WILL BE FREE OF VIRUSES WORMS, OR TROJAN HORSES OR OTHER HARMFUL COMPONENTS, (III) WILL MEET YOUR REQUIREMENTS, OR (IV) CONTAIN ACCURATE INFORMATION. ZATSWHO, LLC MAKES NO WARRANTIES OF ANY KIND WITH RESPECT TO SOFTWARE, GOODS, OR SERVICES THAT ARE PURCHASED, ACCESSED, OR OBTAINED THROUGH THE WEB SITE OR THAT ARE ADVERTISED ON THE WEB SITE. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED FROM ZATSWHO, LLC OR BY OR THROUGH THE USE OF THE WEB SITE OR RELATED PRODUCTS OR SERVICES IS AT YOUR OWN DISCRETION AND RISK. YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL. THE LIMITED WARRANTY SET FORTH ABOVE IS IN LIEU OF ALL LIABILITIES OR OBLIGATIONS OF ZATSWHO, LLC FOR DAMAGES ARISING OUT OF OR IN CONNECTION WITH THE DELIVERY OF SERVICE OR PRODUCT. THE ZATSWHO WEB SITE, THE PRODUCTS AND THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE". . YOU AND ZATSWHO, LLC AGREE THAT THE FAILURE OF ZATSWHO, LLC TO PERFORM IN ACCORDANCE WITH THE LIMITED WARRANTY SET FORTH ABOVE IN SUBSUBSECTION 12(a) SHALL NOT BE CONSIDERED A FAILURE OF THE ESSENTIAL PURPOSE OF THE REMEDIES OR WARRANTIES CONTAINED HEREIN. TO THE FULLEST EXTENT PERMITTED UNDER LAW, THE REMEDIES SET FORTH IN THE FOLLOWING SUBSECTION 12(c) SHALL BE YOUR SOLE AND EXCLUSIVE REMEDY

c. Remedy.   In the event of breach of the Limited Warranty set forth in Section 12(a), ZATSWHO, LLC sole obligation shall be, to (i) repair the Product, (ii) replace the Product, or (iii) refund the purchase price for the Product.

14. LIMITATION OF LIABILITY.   TO THE TO THE FULLEST EXTENT PERMITTED UNDER LAW, ZATSWHO, LLC AND ZATSWHO, LLC AFFILIATES WILL HAVE NO OBLIGATION OR LIABILITY (WHETHER ARISING IN CONTRACT, TORT, INCLUDING NEGLIGENCE, PRODUCT LIABILITY, OR OTHERWISE) FOR ANY INCIDENTAL, DIRECT (EXCEPT AS ZATSWHO, LLC’S OBLIGATION UNDER SUBSECTION 12(c) “REMEDY”), INDIRECT, SPECIAL, OR CONSEQUENTIAL DAMAGES OR LIABILITIES LOSS OF GOOD WILL OR BUSINESS PROFITS, WORK STOPPAGE, DATA LOSS, COMPUTER FAILURE OR MALFUNCTION, ANY AND ALL OTHER COMMERCIAL DAMAGES OR LOSS, OR EXEMPLARY OR PUNITIVE DAMAGES, ARISING OUT OF WITH RESPECT TO YOUR USE OF THE WEB SITE, SERVICE OR PRODUCT, EVEN IF ZATSWHO, LLC HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THIS LIMITATION APPLIES TO DAMAGES ARISING FROM (i) USE OR INABILITY TO USE THE ZATSWHO WEB SITE, SERVICE OR PRODUCT, (ii) COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES, (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS BY THIRD PARTIES, (iv) THIRD PARTY CONTENT MADE AVAILABLE TO YOU THROUGH THE SERVICE, OR (v) ANY OTHER MATTER RELATING TO THE WEB SITE, PRODUCT OR SERVICE. ANY CAUSE OF ACTION BROUGHT BY YOU AGAINST ZATSWHO, LLC ARISING OUT OF OR IN CONNECTION WITH THE WEB SITE, SERVICE OR PRODUCT MUST BE COMMENCED WITHIN ONE YEAR OF THE ACCRUAL OF SAID CAUSE OF ACTION.

SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF DAMAGES, SO THE ALL OR PART OF THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.

15. INDEMNFICATION.   YOU WILL INDEMNIFY, DEFEND AND HOLD HARMLESS ZATSWHO, LLC, INCLUDING ITS MANAGERS, MEMBERS, OFFICERS, DIRECTORS, EMPLOYEES, AFFILIATES, LICENSORS, SUPPLIERS, INFORMATION PROVIDERS, AND AGENTS (COLLECTIVELY " ZATSWHO, LLC AFFILIATES") FROM AND AGAINST ALL CLAIMS, LOSSES, EXPENSES, DAMAGES AND COSTS, INCLUDING REASONABLE ATTORNEYS' FEES, RESULTING FROM (1) ANY VIOLATION OF THESE TERMS AND CONDITIONS OR YOUR CONDUCT, INCLUDING WITHOUT LIMITATION YOUR NEGLIGENT OR WRONGFUL CONDUCT, OR (2) ANY ONE WHO HAS USED YOUR ACCOUNT WITH EXPRESS OR IMPLIED AUTHORITY TO USE YOUR ACCOUNT, OR (3), ANY CLAIM BY A THIRD PARTY FOR VIOLATION OR INFRINGEMENT OF HIS, HER OR ITS RIGHTS ARISING OUT OF OR IN CONNECTION WITH ANY CONTENT YOU PROVIDED TO ZATSWHO, LLC, INCLUDING WITHOUT LIMITATION, COPYRIGHT, TRADEMARK, TRADE SECRET, PATENT, RIGHT OF PUBLICITY, RIGHT OF PRIVACY, DEFAMATION, OR DISPARAGEMENT.

16. Choice of Law; Forum.   You agree to submit to the jurisdiction of state courts located within the State of New Jersey, Warren County and the federal courts located within the State of New Jersey and agree that any cause of action against ZATSWHO, LLC must be brought in these courts and venues. You also agree that This Agreement shall be governed by and construed under the laws of the State of New Jersey without reference to its conflicts of law principles. In the event of any conflicts between foreign law, rules, and regulations, and United States of America law, rules, and regulations, then United States of America law, rules, and regulations shall prevail and govern.

17. Modification of Terms.   Zatswho, LLC reserves the right to amend these Terms and Conditions at any time, for any reason, and without notice, including the right to terminate the Service or any part of the Service. Any amendments or modifications made by Zatswho, LLC will be prospective only.

18. Entire Agreement.   These Terms and Conditions constitute the entire agreement between you and Zatswho, LLC governing your use of the Service. In the case of inconsistencies between these Terms and Conditions and any information included in off-line materials (for example, promotional materials and mailers), these Terms and Conditions will always control. You may also be subject to additional terms and conditions that may apply when you use Zatswho Affiliate services, third-party content, or third-party software.

19. No Waiver.   The failure of Zatswho, LLC to exercise or enforce any provision of these Terms and Conditions will not constitute a waiver of such provision. If any provision is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of these Terms and Conditions remain in full force and effect.

20. Severability.   It is the intent of the parties that in case any one or more of the provisions contained in this Agreement shall be held to be invalid or unenforceable in any respect, such invalidity or unenforceability shall not affect the other provisions of this Agreement, and this Agreement shall be construed as if such invalid or unenforceable provision had never been contained herein.