License to Use the Site
Zend grants you a non-exclusive, non-transferable, limited right to access, use and display the Site and the materials thereon for your personal use only, provided that you comply fully with these terms and conditions of use. You shall not interfere or attempt to interfere with the operation of the Site in any way through any means or device including, but not limited to, spamming, hacking, uploading computer viruses or time bombs, or the means expressly prohibited by any provision of these terms and conditions of use. Except as expressly provided herein or otherwise allowed by Zend, you may not use the Site or the Services for any commercial purpose.
Changes to Terms and Conditions of Use
Zend reserves the right, at its sole discretion, to change, modify, add or remove any portion of these terms and conditions of use, in whole or in part, or to incorporate service fees for Members, at any time. Changes in these terms and conditions of use will be effective when posted. You agree to review these terms and conditions of use periodically to be aware of any changes. Your continued use of the Site after any changes to these terms and conditions of use are posted will be considered acceptance of those changes.
Zend owns, controls, licenses or has the right to use and provide the Site and all material on the Site, including without limitation text, images, articles, photographs, illustrations, audio and video clips, (collectively the "Content"). The Site is protected by copyright as a collective work and/or compilation, pursuant to U.S. copyright laws, international conventions, and other copyright laws. Zend, and/or its third party providers, are the owners of the copyright in the entire Site. Zend owns a copyright in the selection, coordination, arrangement and enhancement of the Site. You agree to abide by any and all copyright notices, information or restrictions displayed on the Site.
You may not modify, create derivative works from, participate in the transfer or sale of, post on the World Wide Web, mirror, or in any way exploit the Site or any portion thereof for any public or commercial use, other than as expressly provided by these terms and conditions of use, without the express written permission of Zend. You may download one (1) copy of Content from the Site for your personal use, provided that you maintain all copyright, attribution and other notices contained in or on such Content, including without limitation trademarks and service marks of Zend and its affiliates or the copyright holder identified in the individual Content's copyright notice. No other permission is granted to you to print, copy, reproduce, distribute, transmit, upload, download, store, display in public, alter, or modify the content contained on this Site. You acknowledge that you do not acquire any ownership rights by downloading copyrighted material. You are responsible for complying with all applicable laws, rules and regulations regarding your use of any such downloaded Content. In the event of any permitted copying, redistribution or publication of material from the Site, no changes in or deletion of author attribution, trademark, legend or copyright notice shall be made. You may obtain more information on the copyrights, trademarks, and service marks of Zend and its affiliates and Content owners by viewing the copyright and trademark notices posted on the Site.
This Site also contains trademarks of Zend protected under United States and International Trademarks laws. Use of such marks without Zend's written permission is strictly prohibited.
Change to Site or Content
Zend shall have the right for any reason, in its sole discretion, to terminate, change, suspend or discontinue any aspect of the Site or Services, including but not limited to Content, features, or hours of availability. Zend may also impose limits on certain features and Services or restrict your access to parts or all of the Site without notice or liability.
Acceptable Use Policy
As a condition of your use of this Site and the Services, you warrant to Zend that you:
Members who violate these terms and conditions of use, at Zend's sole discretion, may have their Member Account suspended or terminated, and may be prohibited from receiving Services thereafter.
Monitoring, Editing and Disclosure of User Material
You agree that Zend has the right, but not the obligation, to monitor all material on the Site at any time for any reason in its sole discretion to determine compliance with these terms and conditions of use and any other operating rules that Zend may establish from time to time. Notwithstanding this right of Zend, Zend does not and cannot review all materials posted to the Site by users, and Zend is not responsible for any such materials posted by users. Zend reserves the right at all times to edit, disclose, refuse to post, request removal of or remove any material or information as may be necessary to comply with any law, regulation or government or agency request or if, in Zend's sole discretion, such materials are objectionable or in violation of these terms and conditions of use. Zend does not represent or endorse the accuracy or reliability of any advice, opinion, statement, or other information displayed or distributed through the Site. You acknowledge that any reliance upon any such opinion, advice, statement, memorandum, or information shall be at your sole risk. Zend reserves the right, in its sole discretion, to correct any errors or omissions in any portion of the Site.
You shall indemnify, defend and hold harmless Zend, and all its officers, directors, owners, agents, employees, content providers, partners, affiliates, licensors and licensees (collectively, the "Indemnified Parties") from and against any and all losses, damages, liabilities, and claims and all fees, costs, expenses, of any kind related thereto (including, without limitation, reasonable attorneys' fees) incurred by the Indemnified Parties in connection with any claim arising out of, based upon or resulting from your use of the Site or receipt or use of the Services. Zend reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you and you shall not in any event settle any matter without the written consent of Zend.
Links to Other Web Site
The Site may contain links and pointers to other World Wide Web Internet sites, resources, and sponsors of the Site. Links to and from our Site do not constitute an endorsement by Zend or any of its subsidiaries, partners and affiliates of any third party resources or their services or contents. Links do not imply that Zend or the Site sponsors are affiliated or associated with or are legally authorized to use any trademark, trade name, logo or copyright symbol displayed in or accessible through the links, or that any linked sites are authorized to use any trademark, trade name, logo or copyright symbol of Zend or any of its affiliates. Zend is not responsible for content on or services provided by other Web sites that are linked to or from the Zend site, including without limitation Zend's partners' Web sites and services. You should direct any concerns regarding any external link to its site administrator or Webmaster.
Disclaimer of Warranties and Damages; Limitation of Liability
THE SITE, INCLUDING ALL SERVICES, CONTENT, SOFTWARE, FUNCTIONS, MATERIALS AND INFORMATION MADE AVAILABLE ON OR ACCESSED THROUGH THE SITE, IS PROVIDED TO SITE VISITORS, MEMBERS, AND ANY OTHER THIRD PARTY ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT REPRESENTATIONS OR WARRANTIES OF ANY KIND WHATSOEVER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, WARRANTIES OF NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. NEITHER ZEND NOR ITS CONTENT PROVIDERS OR PARTNERS WARRANT THAT THE SERVICES, FUNCTIONS, FEATURES OR CONTENT CONTAINED IN THE SITE WILL BE UNINTERRUPTED OR ERROR FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT ANY SITE OR THE SERVER THAT MAKES IT AVAILABLE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; NOR DO THEY MAKE ANY WARRANTY OR REPRESENTATION AS TO THE ACCURACY, MEANINGFULNESS, OR RELIABILITY OF THE SITE, CONTENT, MATERIALS, SERVICES, INFORMATION OR FUNCTIONS MADE ACCESSIBLE BY THE SITE, ANY PRODUCTS OR SERVICES OF OR HYPERTEXT LINKS TO, THIRD PARTIES OR FOR ANY BREACH OF SECURITY ASSOCIATED WITH THE TRANSMISSION OF SENSITIVE INFORMATION THROUGH THE SITE OR ANY LINKED SITE. ZEND AND ITS PARTNERS, SUBSIDIARIES AND AFFILIATES MAKE NO WARRANTIES AND SHALL NOT BE LIABLE FOR THE USE OF THE SITE, INCLUDING WITHOUT LIMITATION, THE CONTENT AND ANY ERRORS CONTAINED THEREIN UNDER ANY DIRECT OR INDIRECT CIRCUMSTANCES, INCLUDING BUT NOT LIMITED TO ZEND'S NEGLIGENCE. IF YOU ARE DISSATISFIED WITH THE SITE, SERVICES OR ANY MATERIALS ON THE SITE, YOUR SOLE REMEDY IS TO DISCONTINUE USING THE SITE.
UNDER NO CIRCUMSTANCES SHALL ZEND, ITS SUBSIDIARIES, PARTNERS, AFFILIATES OR CONTENT PROVIDERS BE LIABLE FOR ANY SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES THAT ARE DIRECTLY OR INDIRECTLY RELATED TO THE USE OF, OR THE INABILITY TO USE, THE SITE AND THE CONTENT, MATERIALS, SERVICES AND FUNCTIONS IN THE SITE, INCLUDING WITHOUT LIMITATION LOSS OF REVENUE OR ANTICIPATED PROFITS OR LOST BUSINESS, EVEN IF SUCH ENTITIES OR AN AUTHORIZED REPRESENTATIVE THEREOF HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. IN NO EVENT SHALL THE TOTAL LIABILITY OF ZEND, ITS SUBSIDIARIES, PARTNERS AND AFFILIATES TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT OR TORT, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE OR OTHERWISE) ARISING FROM THESE TERMS AND CONDITIONS OF USE OR YOUR USE OF THE SITE OR SERVICES EXCEED, IN THE AGGREGATE, $100.00.
Zend's Rights to Materials Provided by Users
Any or all material and information provided by you to the Site, including without limitation the information contained in your Member Account, if any, may be included in a database owned by Zend and its subsidiaries, partners and affiliates in which we have rights and interest, including but not limited to, the compilation copyright. We reserve the right to use any information or materials you provide to us or that we obtain through your use of the Site or Services to the fullest extent permitted by law.
By posting messages, uploading files, inputting data or engaging in any other form of communication (individually or collectively "Communications") to or within the Site, you grant to Zend a perpetual, worldwide, irrevocable, unrestricted, non-exclusive, royalty-free license to use (including use for promotional and advertising purposes), copy, license, sublicense, adapt, distribute, display, publicly perform, reproduce, transmit, modify, edit and otherwise exploit such Communications and any ideas or original materials contained in such Communications, in all media now known or hereafter developed, without any compensation to you. This grant shall include the right to exploit any and all proprietary rights in such Communications including, without limitation, any and all rights under copyright, trademark, service mark or patent laws under any relevant jurisdiction. You waive all rights to any claim against Zend for any alleged or actual infringements of any proprietary rights, rights of privacy and publicity, moral rights, and rights of attribution in connection with such Communications. You agree and understand that Zend is under no obligation to use any material or ideas submitted by you in any Communications in any way whatsoever.
No Responsibility for Transmitted Material
You acknowledge that transmissions to and from this Site are not confidential and your Communications may be read or intercepted by others. You acknowledge that by submitting Communications to Zend or the Site, no confidential, fiduciary, contractually implied or other relationship is created between you and Zend or any Zend affiliate or subsidiary other than pursuant to these terms and conditions of use. Zend shall not be responsible for the payment of any monies to any party in connection with Zend's use of Communications submitted by you to the Site.
No Resale / Exploitation
You understand and agree that you may not reproduce, copy, resell, manipulate, or exploit any part of the Site or Services for any commercial purpose.
Non-United States Residents
Zend makes no representation that materials in the Site and their copyrights, trademarks, patents, and licensing arrangements, are appropriate or available for use in locations other than the United States. Those who choose to access this Site from other locations outside of the U.S. do so on their own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable.
You understand and agree that Zend may, in its sole discretion and at any time, terminate your Member Account, if any, and discard and remove any content or information contained therein, for any reason. Zend may also, in its sole discretion and at any time, discontinue any Services, or limit or restrict any user's access to the Site or the Services, for any reason. You understand and agree that Zend may take any one or more of these actions without prior notice to you, but shall use commercially reasonable efforts to notify you of such termination. You understand and agree that Zend shall not have any liability to you or any other person for any termination of your Member Account or access to Services and/or the removal of such information. Member may terminate its Member Account at any time by sending a request of termination by e-mail to Zend at the following address: email@example.com.
These terms and conditions of use shall be governed by and construed in accordance with the laws of the State of New York, without regard to conflicts of laws provisions. The sole and exclusive jurisdiction for any action or proceeding arising out of or related to these terms and conditions of use shall be an appropriate State or Federal court located in New York County in the State of New York and you hereby irrevocably consent to the jurisdiction of such courts. If for any reason a court of competent jurisdiction finds any provision of these terms and conditions of use, or portion thereof, to be unenforceable, that provision shall be enforced to the maximum extent permissible so as to effect the intent of these terms and conditions of use, and the remainder of these terms and conditions of use shall continue in full force and effect. These terms and conditions of use constitute the entire agreement between you and Zend with respect to the subject matter hereof, and supersede all previous written or oral agreements between the parties with respect to such subject matter. No waiver by either you or Zend of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default. The section headings used herein are for convenience only and shall not be given any legal import.
During your visit to the Site, we may request non-personally identifiable demographic and profile data, though your provision of this information is optional. We may use this data to improve our Site and enhance your experience. For example, we may use this data to tailor your experience at our Site, show you content that we think you might be interested in, and display content according to your preferences. We may also share this information with others, such as advertisers interested in advertising on the Zend Site, in aggregate, anonymous form, which means that the information will not contain any personally identifiable information about you or any other person.
We may use your IP address to help diagnose problems with our server, and to administer our Site. Your IP address is used to help identify you for the duration of a session and to gather broad demographic information.
As you browse the Internet, a trail of electronic information is left at each Web site you visit. This information, which is sometimes called "clickstream" data, can be collected and stored by a Web site's server. Clickstream data can tell us the type of computer and browsing software you use, the address of the Web site from which you linked to the Zend Site, and in some instances, your e-mail address. We may use clickstream data to determine how much time visitors spend on each page of our Site and how they navigate throughout the Site. We will only use this information to improve the Zend Site.
When registering at our Site as a Member, you may be asked to provide certain personally identifiable information about yourself, such as your name, company name, job title, e-mail address and certain information about your business and preferences. You may also be given the option of providing additional personal information such as your URL, phone and fax number and mailing address.
We use personal information provided by Members to notify Members about opportunities, deliver Zend newsletters and otherwise communicate with Members about Zend and its products and services. Zend will not share any personal information of Members with any unaffiliated third parties, without your consent.
As part of your use of the Services, you are responsible for maintaining and updating, as applicable, your Member Account information with current, accurate and complete information. You may do this, using your password and user name, by visiting the customer service portion of the Zend Site at "My Account" to make such changes.
Consent to Processing
By providing any personal information to this Site, you fully understand and unambiguously consent to the collection and processing of such information in the United States and/or any other country.
Our Site may contain links to other sites. Other sites may also reference or link to our Site. Zend is not responsible for the privacy practices or the content of such other sites.
We may supplement the information that you provide to us with information that is received from third parties.
We take seriously the security for all personal and non-personal information associated with our visitors and participants. However, due to the open communication nature of the Internet, we can not guarantee that communications between you and Zend, and Zend and you, will be free from unauthorized access by third parties.
If we ever send you information by e-mail concerning new Zend products or services, we will provide you with an e-mail address by which you may request no future notices.
Your Acceptance of this Policy
Copyright 2000 by Zend Technologies, Ltd. All rights reserved.
If you believe that your work has been copied in a way that constitutes copyright infringement, please forward the following information to Zend's Copyright Agent, designated as such pursuant to the Digital Millennium Copyright Act, 17 U.S.C. Â§ 512(c)(2), named below:
Zend Technologies, Ltd.
P.O. Box 3619
Ramat Gan, 52136 Israel