Welcome to the Zudy (”Zudy”) web site. The following notices, terms and conditions (the “Terms”) apply to the www.zudy.com web site and all associated sites linked or redirecting to it, including Zudy’s sites worldwide (collectively, the “Web Site”). By accessing, using or downloading any information or materials from the Web Site, you agree to follow and be bound by these Terms. IF YOU DO NOT AGREE TO THESE TERMS, PLEASE DO NOT USE THIS WEB SITE.
In addition to these Terms, your purchase of any Zudy product or service subjects you to the terms, rules, guidelines, policies, and conditions applicable to such purchase, including but not limited to licenses and non-disclosure agreements. Furthermore, the following policies and guidelines also govern and apply to your use of the Web Site, and are incorporated herein by reference:
• Privacy
• Trademark & Copyright Guidelines
• Zudy Ready Marketplace Terms of Service
• Security and Compliance
• Zudy Forum Terms and Conditions
Zudy may change or revise these Terms at any time without notice by updating this posting. Your continued use of the Web Site following such revisions indicates your acknowledgement and acceptance of the new Terms. Additionally, Zudy reserves the right, at any time and for any reason, to modify the Web Site and to suspend, interrupt or terminate operation of or access to the Web Site. Any rights not expressly granted herein are reserved by Zudy.
Except where expressly provided otherwise by Zudy, nothing on this Web Site shall be construed to confer any license offer for license or sale under any of Zudy’s or any Third Party Provider’s intellectual property rights, whether by estoppel, implication, or otherwise. You acknowledge sole responsibility for obtaining any such licenses. See the “Legal Contact Information” below if you have any questions about obtaining such licenses. Materials provided by Third Party Providers have not been independently reviewed, tested, certified, or authenticated in whole or in part by Zudy and as such, Zudy makes no warranty with respect to its contents. Zudy does not provide, sell, license, or lease any of the Materials other than those expressly identified as being provided by Zudy.
Zudy hereby grants you permission to display, copy, distribute and download certain Materials that have specifically been made available by Zudy for downloading from the Web Site, provided that: (1) both the copyright notice identified below and this permission notice appear in the Materials; (2) the Materials are used solely for personal, non-commercial and informational purposes and will not be copied or posted on any networked computer, broadcast in any media, or used for commercial gain; and (3) the Materials are not modified in any way. This permission terminates automatically without notice if you breach any of these Terms. Upon termination, you agree to immediately destroy any downloaded or printed Materials. Any unauthorized use of any Materials contained on this Web Site may violate copyright laws, trademark laws, the laws of privacy and publicity, and communications regulations and statutes.
The following is a non-inclusive list of activities are expressly prohibited by Zudy:All content and materials provided on this Web Site, including but not limited to information, documents, text, products, logos, graphics, photographs, sounds, images, videos, trademarks, logos, interfaces, music, software, computer code and services (collectively, the ”Materials”), are owned, controlled or licensed by or to Zudy, its affiliates or subsidiaries, or its third party manufacturers, authors, developers and vendors (collectively, ”Third Party Providers”) and are the copyrighted work of Zudy and/or its Third Party Providers. Except as stated herein, none of the Materials may be copied, reproduced, distributed, republished, downloaded, displayed, posted or transmitted in any form or by any means, including but not limited to electronic, mechanical, photocopying, printing, recording, or other means, without the prior express written permission of Zudy. Also, you may not appropriate or copy the general “look and feel” of the Materials or Web Site in any form or by any means.
By using this Web Site, you agree that Zudy may at any time and in its sole discretion terminate and block your access to the Web Site if Zudy determines that you have violated these Terms or any other Zudy agreements or guidelines which may be associated with your use of the Web Site. Further, you agree that your violation of the Terms will constitute unlawful and unfair business practices and will cause irreparable harm to Zudy for which monetary damages would be inadequate. Additionally, you consent to Zudy obtaining any injunctive or equitable relief that it deems appropriate or necessary under the circumstances. The foregoing remedies are in addition to any other remedies Zudy may have.
Zudy reserves the right to disclose information about you that it deems necessary to comply with any applicable laws, regulations, or legal requests. In the event of any investigation or complaint regarding your use of the Web Site, Zudy may disclose information about you if it determines such action is necessary. Zudy may also disclose identifying information about you in order to contact, identify or take action against someone injuring or interfering with the rights of Zudy, its customers, or other users of the Web Site.
This Web Site may contain links to web sites controlled by parties other than Zudy. Zudy is not responsible for and does not endorse or accept any responsibility for the contents or use of these third party web sites. Zudy is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by Zudy of the linked web site. It is your responsibility to take precautions to ensure that whatever third party content you use is free of viruses or other items of a destructive nature.
Any software that may be made available to download from this Web Site (”Software”) is the copyrighted work of Zudy and/or of Third Party Providers. Use of the Software is governed by the terms of the end user license agreement that accompanies or is included with the Software (”License Agreement”). An end user agrees to the License Agreement terms by installing, copying, or using the Software. The Software is made available for downloading solely for use by end users according to the License Agreement. Without limiting the foregoing, the unauthorized copying or reproduction of the Software to any other server or location for further reproduction or redistribution is expressly prohibited. Any reproduction or redistribution of the Software not in accordance with these Terms or the License Agreement is expressly prohibited by law, and may result in severe civil and criminal penalties. Violators will be prosecuted to the maximum extent possible. THE SOFTWARE IS WARRANTED, IF AT ALL, ONLY ACCORDING TO THE TERMS OF THE LICENSE AGREEMENT. EXCEPT AS MAY BE EXPRESSLY WARRANTED IN THE LICENSE AGREEMENT, ZUDY HEREBY DISCLAIMS ALL EXPRESS OR IMPLIED REPRESENTATIONS, WARRANTIES, GUARANTIES, AND CONDITIONS WITH REGARD TO THE SOFTWARE, INCLUDING BUT NOT LIMITED TO ANY IMPLIED REPRESENTATIONS, WARRANTIES, GUARANTIES, AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT, EXCEPT TO THE EXTENT THAT SUCH DISCLAIMERS ARE HELD TO BE LEGALLY INVALID.
Any Software which is downloaded from the Web Site for or on behalf of the United States of America, its agencies and/or instrumentalities (”U.S. Government”), is provided with Restricted Rights. Use, duplication, or disclosure by the U.S. Government is subject to restrictions as set forth in subparagraph (c)(1)(ii) of the Rights in Technical Data and Computer Software clause at DFARS 252.227-7013 or subparagraphs (c)(1) and (2) of the Commercial Computer Software — Restricted Rights clause at 48 CFR 52.227-19, as applicable. The manufacturer is Vinyl Development LLC, dba Zudy, 1560 Lenox Ave #203, Miami Beach, FL 33139.
Except where expressly provided otherwise by Zudy, all comments, feedback, information or materials submitted to Zudy through or in association with this Web Site (”Submissions”) shall be considered non-confidential and property of Zudy. By providing such Submissions to Zudy, you agree to assign to Zudy, at no charge, all worldwide rights, title and interest in copyrights and other intellectual property rights to the Submissions. Zudy shall be free to use and/or disseminate such Submissions on an unrestricted basis for any purpose. You acknowledge that you are responsible for the Submissions that you provide, and that you, not Zudy, have full responsibility for the Submissions, including their legality, reliability, appropriateness, originality and copyright.
EXCEPT WHERE EXPRESSLY PROVIDED OTHERWISE BY ZUDY, THE MATERIALS ON THE WEB SITE ARE PROVIDED “AS IS” AND ZUDY HEREBY DISCLAIMS ALL EXPRESS OR IMPLIED REPRESENTATIONS, WARRANTIES, GUARANTIES, AND CONDITIONS, INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT, EXCEPT TO THE EXTENT THAT SUCH DISCLAIMERS ARE HELD TO BE LEGALLY INVALID. ZUDY MAKES NO REPRESENTATIONS, WARRANTIES, GUARANTIES, OR CONDITIONS AS TO THE QUALITY, SUITABILITY, TRUTH, ACCURACY, OR COMPLETENESS OF ANY OF THE MATERIALS CONTAINED ON THE WEB SITE.
ZUDY SHALL NOT BE LIABLE FOR ANY DAMAGES SUFFERED AS A RESULT OF USING, MODIFYING, CONTRIBUTING, COPYING, DISTRIBUTING, OR DOWNLOADING THE MATERIALS. IN NO EVENT SHALL ZUDY BE LIABLE FOR ANY INDIRECT, PUNITIVE, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGE (INCLUDING BUT NOT LIMITED TO LOSS OF BUSINESS, REVENUE, PROFITS, USE, DATA OR OTHER ECONOMIC ADVANTAGE), HOWEVER IT ARISES, WHETHER IN AN ACTION OF CONTRACT, NEGLIGENCE OR OTHER TORTIOUS ACTION, ARISING OUT OF OR IN CONNECTION WITH THE USE OR PERFORMANCE OF INFORMATION OR MATERIALS AVAILABLE FROM THIS WEB SITE, EVEN IF ZUDY HAS BEEN PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. YOU HAVE SOLE RESPONSIBILITY FOR THE ADEQUATE PROTECTION AND BACKUP OF DATA AND/OR EQUIPMENT USED IN CONNECTION WITH THE WEB SITE AND YOU WILL NOT MAKE A CLAIM AGAINST ZUDY FOR LOST DATA, RE-RUN TIME, INACCURATE OUTPUT, WORK DELAYS, OR LOST PROFITS RESULTING FROM THE USE OF THE MATERIALS. YOU AGREE TO HOLD ZUDY, ITS OFFICERS, DIRECTORS, SHAREHOLDERS, PREDECESSORS, SUCCESSORS IN INTEREST, EMPLOYEES, AGENTS, AFFILIATES AND SUBSIDIARIES HARMLESS FROM, AND YOU COVENANT NOT TO SUE ZUDY FOR, ANY CLAIMS BASED ON OR RELATED TO THE USE OF THE WEB SITE AND/OR MATERIALS.
Forward-looking statements in Zudy press releases on this Web Site are made pursuant to the safe harbor provisions of Section 21E of the Securities Exchange Act of 1934. Investors are cautioned that statements in such press releases which are not strictly historical statements, including, without limitation, statements regarding current or future financial performance, management’s plans and objectives for future operations, product plans and performance, management’s assessment of market factors, as well as statements regarding the strategy and plans of Zudy and its strategic partners, constitute forward-looking statements which involve risks and uncertainties. For a detailed description of the risk factors associated with Zudy, please refer to the risks detailed in the company’s filings with the Securities and Exchange Commission, including the company’s Annual Report, Form 10-K and 10Q on file with the SEC. Zudy assumes no obligation to update any forward-looking information contained on this Web Site or with respect to announcement described herein.
The Web Site and Materials are protected by trade dress, trademark, copyright and other laws and may not be transmitted, reproduced, repurposed, copied or imitated in whole or in part unless expressly permitted by Zudy.
Zudy the name and logo, along with our other trademarks, and other Zudy product names referenced in the Materials and on the Web Site are registered trademarks of Vinyl Development LLC and/or one of its subsidiaries, and may be registered in the United States Patent and Trademark Office and in other countries. All other product names, company names, marks, logos, and symbols are trademarks of their respective owners.
Zudy respects the intellectual property rights of others. Zudy may, in appropriate circumstances and at its sole discretion, terminate the access of users who infringe the copyrights or intellectual property rights of others.
If you believe your work has been copied and is accessible on the Web Site in a way that constitutes copyright infringement, or that the Web Site contains links or other references to another online location that contains material or activity that infringes your copyright, you may notify us by providing the following information to our copyright agent pursuant to the U.S. Digital Millennium Copyright Act, 17 U.S.C. §512:
Our agent for notice of claims of copyright infringement related to our products or our Web Site can be reached as follows:
Any action related to these Terms will be governed by Florida law and controlling U.S. federal law. No choice of law rules of any jurisdiction will apply.
If you have any questions about these Terms, or if you would like to request permission to use any Materials, please contact the Zudy Legal Department at +1 305-763-8287
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