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The policies and terms below are applicable to The Zack Files Online
(www.TheZackFiles.com) which shall hereinafter be referred to as "ZACK
SITE".
PLEASE READ THESE TERMS AND CONDITIONS OF USE OF THIS SITE (the "Terms
of Use") BEFORE USING ZACK SITE. By using ZACK SITE, you acknowledge
your assent to all Terms of Use. If you do not agree to the Terms of Use,
kindly refrain from using this website. We advise you to frequently check
the Terms of Use for the most recent updates. We reserve the right to
modify, add, change or delete portions of these Terms of Use at any time.
Your continued use of ZACK SITE following the posting of changes to any
of the Terms of Use on the site will mean you accept all changes.
RESTRICTIONS ON USE OF MATERIALS
Modification of the materials or use of the materials on ZACK SITE for
any purpose is a violation of The Zack Files copyright and possibly other
proprietary rights.
LIMITATION OF OUR LIABILITY
UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, SHALL
DECODE/ZACK PRODUCTIONS INC, DECODE ENTERTAINMENT INC., its subsidiary
or affiliated companies and its or their officers, directors or employees
(collectively called "Decode") INVOLVED IN THE PRODUCTION OR
DISTRIBUTION OF ZACK SITE BE LIABLE FOR ANY SPECIAL OR CONSEQUENTIAL DAMAGES
THAT RESULT FROM THE USE OF, OR THE INABILITY TO USE, THE MATERIALS IN
THIS SITE, EVEN IF AN AUTHORIZED REPRESENTATIVE OF DECODE HAS BEEN ADVISED
OF THE POSSIBILITY OF SUCH DAMAGES.
SUBMISSIONS TO THE WEB SITE
ZACK SITE welcomes comments and postings on the website. Unfortunately,
it is our policy not to accept or consider creative ideas, suggestions,
or materials other than those specifically requested. We hope you will
understand that it is the intent of this policy to avoid the possibility
of future misunderstandings when projects developed by in-house staff
or by other professionally related partners might seem to others to be
similar to their own creative work. Accordingly, we must, regretfully,
ask that you do not send any original creative materials such as stories
or character ideas, screenplays, or original artwork.
Without limitation of the foregoing, ZACK SITE shall exclusively own
all now known or hereafter existing rights to Submissions (as defined
below), whether or not specifically requested, submitted to ZACK SITE
of every kind and nature throughout the universe and shall be entitled
to unrestricted use of the Submissions for any purpose whatsoever, commercial
or otherwise, without compensation to the provider of the Submissions.
If for any reason, you submit creative artwork, ideas, concepts, drawings,
or any other content (collectively, the "Submissions"), ZACK
SITE shall not be liable for any use or disclosure of any Submissions.
By uploading materials to any portion of the site or submitting any materials
to us, you automatically grant (or warrant that the owner of such rights
has expressly granted) us a nonexclusive perpetual, royalty-free, irrevocable
right and license to use, reproduce, adapt, publish, modify, translate,
create derivative works from, and distribute such materials or incorporate
such materials into any form, medium, or technology now known or later
developed throughout the universe. In addition, you warrant that all so-called
moral rights in those materials have been waived.
You shall not upload to, distribute through, or otherwise publish through
ZACK SITE any content that is libelous, defamatory, obscene, pornographic,
threatening, invasive of privacy or publicity rights, abusive, illegal,
or otherwise objectionable that would constitute or encourage a criminal
offense, violate the rights of any party, or that would otherwise give
rise to liability or violates any law.
It is unacceptable to post any personally identifiable information. This
includes any information that will indicate your name, age, location or
other contact information such as e-mail address, address or instant messaging
names.
This site is controlled and operated from Toronto, Ontario Canada under
the laws governed by this region. Those who choose to access this site
from other locations do so on their own initiative and are responsible
for compliance with local laws.
DISCLAIMER
ALL MATERIALS IN THIS SITE ARE PROVIDED "AS IS" AND WITHOUT
WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED. ZACK SITE DISCLAIMS
ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED
WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. ZACK
SITE DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE MATERIALS WILL
BE UNINTERRUPTED OR FREE OF ERRORS, THAT DEFECTS WILL BE CORRECTED, OR
THAT THIS SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES
OR OTHER HARMFUL COMPONENTS. ZACK SITE DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS
REGARDING THE USE OR THE RESULTS OF THE USE OF THE MATERIALS IN THIS SITE
IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. YOU
(AND NOT ZACK SITE) ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING,
REPAIR, OR CORRECTION. APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OF IMPLIED
WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.
ZACK SITE ONLINE PRIVACY POLICY
ZACK SITE will only collect personally identifying information in the
event of: 1) contest registration, 2) subscription registration for web
pages and sections of ZACK FILES that require subscription, and (3) for
the purpose of e-commerce online shopping. In addition, registration is
required and information is collected in certain portions of sites in
which guests provide content submissions and suggestions or participate
in interactive online activities such as community postings, chat forums
and areas that involve the submission of material by visitors to ZACK
SITE. ZACK SITE may use such information to fulfill prizes, to allow visitors
to subscribe to online magazines as requested, to limit postings of obscene
and unacceptable commentary on the site, and to gather information that
is volunteered by our visitor for the purpose of promotion including (but
not limited to) e-mailing newsletters to participants who so desire to
receive the electronic publication. Please be assured that we will not
disclose your personal information.
ZACK SITE may collect IP addresses for the purposes of system administration
and to report aggregate information to site sponsors, broadcast partners
and advertisers. We may monitor aggregate information such as the number
of unique users who visit the certain sections of our site and the length
of visits to given sections of the site. Rest assured that this information
is non-personally identifiable and is used for quality improvement of
the website.
The following are ZACK SITE
POLICIES FOR INDIVIDUALS OF ALL AGES:
Unless otherwise disclosed during collection, ZACK SITE does not provide
any personally identifying information, regardless of its source, to any
commercial third party firms unrelated to the production, broadcast and
distribution of the television series and ZACK SITE for any purpose whatsoever.
We may provide non-personally identifiable information to third party
firms affiliated with the television series or involved in merchandising
ventures related to the series. Guests' e-mail addresses are never posted
at ZACK SITE. No information should be submitted to or posted to ZACK
SITE by guests under 13 years of age without the consent of their parent
or guardian.
ZACK SITE may use cookies. Cookies are pieces of information that a Web
site transfers to an individual's hard drive for record-keeping purposes.
Cookies make Web-surfing easier for end users by saving passwords and
preferences while a visitor is at a web site. By showing how and when
guests use the site, cookies help us see which areas are popular and which
are not. Many improvements and updates to the site are based on such data
as total number of visitors and pages viewed. This information is most
easily tracked with cookies. The use of cookies is an Industry standard
and therefore you will find them at most major web sites.
ZACK SITE will not use cookies to retrieve information from your computer
that was not originally sent in a cookie. ZACK SITE does not use cookies
to identify specific individuals, except in such cases of e-commerce purchases
and in some contests. During registration you may occasionally get cookies
from our advertisers. ZACK SITE does not control these cookies, and these
cookies are not subject to the ZACK SITE policy. See your internet browser
for options on refusing cookies if desired.
Links to Other Sites: Although there are very few links outside of the
ZACK site, users should be aware that when you are on ZACK SITE you could
be directed to other sites that are beyond our control. There are links
that take visitors outside our service. For example, If a visitor were
to click on the DECODE Logo, it may take the visitor away from the domain:
www.TheZackFiles.com and transfer you to the web site for Decode Entertainment.
Other sites may send their own cookies to users, or otherwise collect
data or solicit personal information. Always be aware of where you end
up.
Please be aware that when you offer personal information online -- for
example, through the Posting board -- that information can be collected
and used by organizations and people without your knowledge. ZACK SITE
cannot guarantee the security of any information you disclose online,
and you do so at your own risk.
By using this site, you signify your assent to the ZACK SITE Privacy
Policy.
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