From all of us here at zeldaB, thanks for using the service. It is a labor of love.
Our goal is that zeldaB will be with you and yours for years to come and that you’ll
tell others about us. We will earn your trust every minute of every day.
What follows is legal stuff. As always, if you have any questions please feel free
to call or email. Make sure you read it all, it’s important.
zeldaB is owned and operated by ZeldaBell LLC, (“ZeldaBell”) in Eagle, CO. ZeldaBell
means (company, us, or we). When you ( you or anyone in your family) sign-up for
an account at zeldaB you agree that you’ve read our Terms of Use and that you’ll
abide by them. We will change our Terms of Use from time to time. When we do, we
will notify you of the change at least 30 days in advance, so you can decide if
the changes work for you. If not, just let us know and we’ll close your account
immediately. We hope you never close your account but if you do, know that all your
account information is erased and that we don’t save anything. If we don’t hear
from you, you agree you’re cool with our changes.
If you violate our Terms of Use, any other rule or condition we have, we may cancel
your account immediately and without notice.
1) Who can use zeldaB
We you sign-up for zeldaB it’s up to you to make sure it’s OK to use a site like
ours wherever you are. You m
ust be 13 or older. Anyone can use zeldaB, but we reserve
the right to cancel your account at any time (more on that coming). If you’re under
13, you’ll need your parent or legal guardian to sign-up, then add you as a child
account.
2) Who can’t use zeldaB
We reserve the right to refuse service to anyone, for any reason. We don’t allow
sex offenders. If you’re a sex offender and you’ve gained access, we will report
you to the local authorities.
3) User Conduct
In general, if you do anything that we think is not cool, that could cause us or
anyone else harm or problems, your account could be closed.
zeldaB cannot be used to conduct any type of illegal activity. You can’t post content
that’s; sexually graphic, hateful, discriminatory, defamatory, abusive, vulgar or
threatening – to name some. You can’t harass anyone, you can’t post anything that
might be interpreted as invasion of privacy. You can’t use zeldaB for advertising.
All videos and pictures posted must be your own and not protected by copyright law.
You can’t do anything that would harm us or anyone else or potentially cause or
anyone else harm or damages. It’s up to you to take care of problems between you
and another member, but we may step in if we feel the need. If we find out you’ve
signed up for an account and not used your real name, or misrepresented yourself,
your account will be immediately closed and we may consider such an action theft
of services. You can’t sign up for more than one account. If you’ve broken any of
our rules, conditions, or agreements and we have cause, we’ll report you to the
law.
4) Login and login information
Never give out your login information. We may track where you’re logging in from
for security purposes only.
5) Confidential information
What goes on at zeldaB stays at zeldaB. You are not to show the site to anyone who
is not a member. Instead, have them go and take the Tour.
“CONFIDENTIAL INFORMATION”. Commencing on the date Customer executes this Agreement
and continuing for a period of three (3) years from the termination of this Agreement,
each party shall protect as confidential, and shall not disclose to any third party,
any Confidential Information received from the disclosing party or otherwise discovered
by the receiving party during the term of this Agreement, including, but not limited
to, the pricing and terms of this Agreement, and any information relating to the
disclosing party’s technology, type and/or nature of services offered, business
affairs, and marketing or sales plans (collectively the “Confidential Information”).
The parties shall use Confidential Information only for the purpose of this Agreement.
The foregoing restrictions on use and disclosure of Confidential Information do
not apply to information that: (a) is in the possession of the receiving party at
the time of its disclosure and is not otherwise subject to obligations of confidentiality;
(b) is or becomes publicly known, through no wrongful act or omission of the receiving
party; (c) is received without restriction from a third party free to disclose it
without obligation to the disclosing party; (d) is developed independently by the
receiving party without reference to the Confidential Information, or (e) is required
to be disclosed by law, regulation, or court or governmental order.
6) DISCLAIMER OF CERTAIN DAMAGES
ZeldaBell SHALL NOT BE LIABLE TO THE CUSTOMER FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY,
SPECIAL, INCIDENTAL OR PUNITIVE DAMAGES, INCLUDING WITHOUT LIMITATION LOSS OF USE
OR LOST BUSINESS, REVENUE, PROFITS, OR GOODWILL, ARISING IN CONNECTION WITH THIS
AGREEMENT, UNDER ANY THEORY OF TORT, CONTRACT, INDEMNITY, WARRANTY, STRICT LIABILITY
OR NEGLIGENCE, EVEN IF ZeldaBell KNEW OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF
SUCH DAMAGES.
7) DISCLAIMER OF WARRANTIES
EXCEPT AS SPECIFICALLY SET FORTH IN THIS AGREEMENT, ZeldaBell MAKES NO WARRANTIES,
EXPRESS OR IMPLIED, AS TO ANY ZeldaBell SERVICES, RELATED PRODUCTS, EQUIPMENT, SOFTWARE
OR DOCUMENTATION. ZeldaBell SPECIFICALLY DISCLAIMS ANY AND ALL IMPLIED WARRANTIES,
INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS
FOR A PARTICULAR PURPOSE, OR TITLE OR NON-INFRINGEMENT OF THIRD PARTY RIGHTS.
8) LIMITATION OF LIABILITY
THE TOTAL LIABILITY OF ZeldaBell TO CUSTOMER IN CONNECTION WITH THIS AGREEMENT,
FOR ANY AND ALL CAUSES OF ACTIONS AND CLAIMS, INCLUDING, WITHOUT LIMITATION, BREACH
OF CONTRACT, BREACH OF WARRANTY, GROSS NEGLIGENCE OR INTENTIONAL MISCONDUCT, STRICT
LIABILITY, MISREPRESENTATION AND OTHER TORTS, SHALL BE LIMITED TO THE LESSER OF:
(A) DIRECT DAMAGES PROVEN BY CUSTOMER, OR (B) THE AMOUNT PAID BY CUSTOMER TO ZeldaBell
UNDER THIS AGREEMENT FOR THE ONE (1) MONTH PERIOD PRIOR TO ACCRUAL OF THE MOST RECENT
CAUSE OF ACTION. NOTHING IN THIS SECTION SHALL LIMIT ZeldaBell’s LIABILITY: (A)
IN TORT FOR ITS WILLFUL OR INTENTIONAL MISCONDUCT; OR (B) FOR BODILY INJURY OR DEATH
DIRECTLY AND PROXIMATELY CAUSED BY ZeldaBell’s GROSS NEGLIGENCE OR INTENTIONAL MISCONDUCT;
OR (C) LOSS OR DAMAGE TO REAL PROPERTY OR TANGIBLE PERSONAL PROPERTY DIRECTLY AND
PROXIMATELY CAUSED BY ZeldaBell’s GROSS NEGLIGENCE OR INTENTIONAL MISCONDUCT.
9) GOVERNING LAW, JURISDICTION AND VENUE
This Agreement shall be construed and enforced according to the laws of the State
of Colorado, without regard to its choice of laws rules. The parties stipulate and
agree that the exclusive jurisdiction and venue for any dispute arising under this
agreement shall be in the District Court for the City and County of Eagle, Colorado.
Provided, however, that nothing herein shall preclude ZeldaBell institution of proceedings
in any other state in which Customer or its guarantor maintains offices, facilities
or assets.
10) Notice
If anything in your agreement with us changes we will notify you of the change at
least 30 days in advance, to give you the opportunity to review the changes. If
we do not hear back from you after we notify you that means you accept and agree
to the changes.
11) ENFORCEMENT COSTS
If any action in law or in equity, including an action for declaratory or injunctive
relief, is brought to enforce or interpret the provisions of this Agreement, the
prevailing party shall be entitled to all of its actual attorney's fees and costs
in prosecuting or defending that action.
12) SEVERABILITY
If any provision of this Agreement is held to be invalid or unenforceable, all the
remaining provisions shall never the less continue in full force and effect.
13) Termination
We will terminate your account without notice for breaking our rules or for doing
something that we feel isn’t cool or would/might cause us or others harm.
14) Indemnity
CUSTOMER HEREBY AGREES TO INDEMNIFY, DEFEND, AND HOLD ZeldaBell HARMLESS FROM ANY
LOSS, LIABILITY, CLAIM OR DAMAGES, INCLUDING PUNITIVE OR EXEMPLARY DAMAGES, ARISING
FROM CUSTOMER’S BREACH OF THIS AGREEMENT OR FROM CUSTOMER’S USE OF THE SYSTEM, OR
OF ZeldaBell’s PRODUCTS OR SERVICES.
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