As a visitor to and user of Zavive.com, Zavive-LIVE.com and ClubZavive.com you agree to the following Terms and Conditions.
1. Acceptance of Terms
1.1. The Zavive family of websites noted above (“Zavive Websites”) are provided by Zavive (“Zavive” or “The Company”) and are each subject to the following Terms and Conditions (“TACS”), which may be updated by Zavive from time to time without notice to you.
1.2. This website contains images, graphics/artwork, written works, photography and other data created and/or owned by Zavive and/or Zavive Websites Registered Members. You are not permitted to download or use any images, or other material from Zavive Websites or use such material other than for personal use or display on Zavive Websites.
2. Description of Services
Zavive currently provides online based resources and services including but not limited to: a business directory and special offers portal (zavive-live.com); a magazine (zavive.com); and a dating website (clubzavive.com). Unless explicitly stated otherwise, any new features that augment or enhance Zavive, including the release of new Services, software tools or resources, shall be subject to the TACS. Zavive may add, delete or change some or all of the Services provided at any time. Unless otherwise stated these TACS apply to you whether you are a casual user of any Zavive Website, a Member, Customer or other user.
2. Proprietary Rights and Licenses
2.1. You acknowledge and agree that content, including but not limited to graphics/artworks, text, software, music, sound, photographs, graphics, video, page layout and design or other material contained in Zavive Websites or information presented through Zavive Websites by Zavive or by advertisers is protected by Zavive’s or their copyright, trademarks, service marks, patents, or other proprietary rights and laws. You acknowledge and agree that Zavive can display images and text throughout Zavive Websites, including the insertion of sponsor messages into messages distributed on Zavive Websites, via mailing lists and through other forms of communication.
2.2. Except as expressly authorised by Zavive or advertisers, you agree not to copy, reproduce, republish, transmit, rent, loan, sell, lease, licence, sub-licence, distribute or create in any way content and/or derivative works from Zavive Websites, in whole or in part.
3. External links
Zavive Websites may provide, or third parties may provide, links to other World Wide Web sites or resources. These links are provided solely as a convenience to you and not as an endorsement by the Company of the contents on such third-party web sites. As the Company has no control over the content or security of such sites and resources, you acknowledge and agree that Zavive is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any content, advertising, products, services or other materials on or available from such sites or resources. You further acknowledge and agree that Zavive shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such site or resource. If you decide to access linked third-party websites, you do so at your own risk. Any concerns regarding any external link should be directed to Zavive.
4. Disclaimer of warranties
4.1. You expressly understand and agree that:
(a) Your use of Zavive Websites is at your sole risk. Zavive products and services are provided on an “as is” and “as available” basis and Zavive and its suppliers, to the fullest extent permitted by law, make no warranties, express or implied, in relation to Zavive Websites or their contents, including, but not limited to, security, warranties of title, fitness for a particular purpose, merchantability and non-infringement of proprietary or third party rights. Zavive and its suppliers make no warranties about the accuracy, reliability, completeness, or timeliness of the material, products, services, software, text, graphics, and links.
(b) Zavive makes no warranty that (i) Zavive Websites will meet your requirements, (ii) that Zavive Websites will be uninterrupted, timely, secure, or error-free, (iii) the results that may be obtained from the use of Zavive Websites will be accurate or reliable, (iv) the quality of any products, services, information, or other material purchased or obtained by you through Zavive Websites will meet your expectations, and (v) any errors in the software or content will be corrected. Further, if your use of the website or the material results in the need for servicing or replacing equipment or data, Zavive is not responsible for those costs.
(c) Any material downloaded or otherwise obtained through the use of Zavive Websites is done at your own discretion and risk and that 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.
(d) No advice or information, whether oral or written, obtained by you through or from Zavive Websites shall create any warranty not expressly stated in the TACS.
5. Indemnity
5.1. You agree to defend, indemnify, and hold harmless Zavive and its officers, managers, employees, partners and agents, from and against any claims, actions or demands, including without limitation reasonable legal and accounting fees, alleging or resulting from your use of the content, software, services or connection to Zavive Websites or your breach of the terms of these TACS, including, but not limited to:
(a) any injury to any person or property caused by products or services supplied through the medium of Zavive Websites;
(b) any material which infringes the proprietary or intellectual property rights of any third party;
(c) copyright infringement; or
(d) any defects in products sold through the medium of Zavive Websites.
5.2. Zavive shall provide notice to you promptly of any such claim, action or demand as described in paragraph 5.1 and shall provide you with reasonable assistance, at your expense, in defending any such claim, suit or proceeding.
6. Limitation of Liability
6.1. Your use of Zavive Websites and Zavive’s products and services is at your own risk. If you are dissatisfied with any of the website’s content or Zavive’s products and services or with these TACS, or any other rules or policies, your sole remedy is to discontinue use of Zavive Websites and Zavive’s services.
6.2. You expressly understand and agree that Zavive shall not be liable for any direct, indirect, incidental, special, consequential or exemplary damages, whether in an action of contract or tort, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses (even if Zavive has been advised of the possibility of such damages), resulting from: (i) the use or the inability to use Zavive Websites; (ii) the cost of procurement of substitute goods and services resulting from any goods, data, information or services purchased or obtained or messages received or transactions entered into through or from Zavive Websites and the Company; (iii) unauthorised access to or alteration of your transmissions or data; (iv) statements or conduct of any third party on the service; or (v) any other matter relating to Zavive.
6.3. Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for incidental or consequential damages. Accordingly, some of the above limitations of this paragraph 6 may not apply to you.
6.4. Zavive’s Comment and On-site Social Interaction, proprietary rights: Upon posting any comments or content at Zavive Websites that are to appear publically, you agree to grant Zavive and its successors and assigns, a non-exclusive, world-wide, royalty free, perpetual, non-revocable license under your copyrights or other intellectual property rights, if any, in such material, to use, distribute, display, reproduce, and create derivative works from such material in any and all media, in any manner, in whole or part, without any duty to account to you. You also grant Zavive the right to authorise the downloading and printing in whole or in part of any material (except content in Private Messages between members) that you have posted to the website, by end-users for their personal use.
7. Modifications to the TACS or to Zavive Websites
Zavive reserves the right to change the TACS at any time without notice. Zavive also reserves the right at any time and from time to time to modify or discontinue Zavive Websites temporarily or permanently, with or without notice to you. You agree that Zavive shall not be liable to you or any third party for any modification, suspension or discontinuance of Zavive Websites. If you make recurring payments for any Service provided by Zavive and that Service is purposefully suspended or discontinued by Zavive, you will not be charged for any period that the service is not provided.
8. Uses and Storage
You acknowledge that Zavive may establish general practices and limits concerning use of Zavive Websites. You agree that Zavive has no responsibility or liability for the deletion or failure to store any messages and other communications or other content maintained or transmitted by Zavive Websites. You further acknowledge that Zavive reserves the right to change these general practices and limits at any time, in its sole discretion, with or without notice.
9. Termination
9.1. You agree that Zavive, in its sole discretion, may terminate your password, account (or any part thereof) or use of Zavive Websites or online service run by Zavive, and remove and archive or discard any content within Zavive Websites or online service run by Zavive, without limitation, if Zavive believes that you have violated or acted inconsistently with the letter or spirit of the TACS. Zavive may also in their sole discretion and at any time discontinue providing Zavive Websites, online service run by Zavive, or any parts thereof, with or without notice. You agree that any termination of your access to Zavive Websites or online service run by Zavive under any provision of these TACS may be effected without prior notice, and acknowledge and agree that Zavive may immediately deactivate, archive or delete your account and all related information and files in your account and/or bar any further access to such files or Zavive Websites or online service run by Zavive. Further, you agree that Zavive shall not be liable to you or any third-party for any termination of your access to Zavive Websites or online service run by Zavive.
9.2. If such action is taken as a result of your breach of this contract, the remainder of any payment made by you will not be refundable.
10. General
10.1. The TACS constitute the entire agreement between you and Zavive (including, but not limited to, any prior versions of the TACS). You also may be subject to additional terms and conditions that may apply when you use certain services of Zavive, third-party content, third party services or third-party software.
10.2. Zavive makes no claims that the content of Zavive Websites is appropriate for any particular purpose or audience, or that it may be downloaded outside of the United Kingdom. Access to the content (including any software) may not be legal by certain persons or in certain countries. If you access Zavive from outside the United Kingdom, you are responsible for compliance with the laws of your jurisdiction.
10.3. Zavive is headquartered in Nottingham, England. All legal issues arising from or related to the use of Zavive Websites shall be construed in accordance with and determined by the laws of England. By using Zavive Websites, you agree that the exclusive forum for the bringing of any claims or causes of action arising out of or relating to your use of Zavive Websites and the Zavive services and products is the English courts. You hereby accept and submit to the jurisdiction of such courts in any such proceeding or action, and irrevocably waive, to the fullest extent permitted by law, any objection which you may have now or hereafter have to be laying of the venue of any such action or proceeding brought in such a court and any claim that any such action or proceeding brought in such a court has been brought in an inconvenient forum.
10.4. If any provision of these TACS is found to be invalid by any court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these TACS, which shall remain in full force and effect. No waiver of any term of these TACS shall be deemed a further or continuing waiver of such term or any other term.