|Zabaware Terms of Service|
PLEASE READ THE FOLLOWING TERMS AND CONDITIONS OF USE CAREFULLY BEFORE USING THIS WEBSITE. All users of this site agree that access to and use of this site are subject to the following terms and conditions and other applicable law. If you do not agree to these terms and conditions, please do not use this site.
The entire content included in this site, including but not limited to text, graphics or code is copyrighted as a collective work under the United States and other copyright laws, and is the property of Zabaware, Inc. The collective work includes works that are licensed to Zabaware, Inc. Copyright 2010, Zabaware, Inc. ALL RIGHTS RESERVED. Permission is granted to electronically copy and print hard copy portions of this site for the sole purpose of placing an order with Zabaware, Inc. or purchasing Zabaware products. Any other use, including but not limited to the reproduction, distribution, display or transmission of the content of this site is strictly prohibited, unless authorized by Zabaware, Inc. You further agree not to change or delete any proprietary notices from materials downloaded from the site.
All trademarks, service marks and trade names of Zabaware, Inc. used in the site are trademarks or registered trademarks of Zabaware, Inc.
This site and the materials and products on this site are provided "as is" and without warranties of any kind, whether express or implied. Zabaware disclaims any warranties of performance, compatibility, fitness for a particular purpose, merchantability or non-infringement. Under no circumstances shall Zabaware be held liable for any damages, whether incidental or consequential, and all damages shall be limited to the purchase price you paid for this product. Zabaware is not responsible for anything the "Ultra Hal" conversational system states during a conversation.
Limitation of Liability
Zabaware, Inc. shall not be liable for any special or consequential damages that result from the use of, or the inability to use, the services and products offered on this site, or the performance of the services and products.
In the event that a Zabaware, Inc. product is mistakenly listed at an incorrect price, Zabaware, Inc. reserves the right to refuse or cancel any orders placed for product listed at the incorrect price. Zabaware, Inc. reserves the right to refuse or cancel any such orders whether or not the order has been confirmed and your credit card charged. If your credit card has already been charged for the purchase and your order is cancelled, Zabaware, Inc. shall issue a credit to your credit card account in the amount of the incorrect price.
These terms and conditions are applicable to you upon your accessing the site and/or completing the registration or shopping process. These terms and conditions, or any part of them, may be terminated by Zabaware, Inc. without notice at any time, for any reason. The provisions relating to Copyrights, Trademark, Disclaimer, Limitation of Liability, Indemnification and Miscellaneous, shall survive any termination.
Zabaware, Inc. may deliver notice to you by means of e-mail, a general notice on the site, or by other reliable method to the address you have provided to Zabaware, Inc.
In the event of invalidity of any provision of this license, the parties agree that such invalidity shall not affect the validity of the remaining portions of this license.
Use of Site
Harassment in any manner or form on the site, including via e-mail, chat, or by use of obscene or abusive language, is strictly forbidden. Impersonation of others, including a Zabaware, Inc. or other licensed employee, host, or representative, as well as other members or visitors on the site is prohibited. You may not upload to, distribute, or otherwise publish through the site any content which is libelous, defamatory, obscene, threatening, invasive of privacy or publicity rights, abusive, illegal, or otherwise objectionable which may constitute or encourage a criminal offense, violate the rights of any party or which may otherwise give rise to liability or violate any law. You may not upload commercial content on the site or use the site to solicit others to join or become members of any other commercial online service or other organization.
Content given to Zabaware, Inc.
Conversational exchanges with Zabaware's online conversational system (called "Ultra Hal") are stored in our database and utilized by the conversational system in future exchanges. No personally identifiable data is added to these database entries beyond what is directly provided by you during the conversation exchange. For any content that you post to the conversational system, you hereby grant to Zabaware the royalty-free, irrevocable, perpetual, exclusive and fully sublicensable license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform and display such content in whole or in part, world-wide and to incorporate it in other works, in any form, media or technology now known or later developed.
Zabaware, Inc. does not and cannot review all communications and materials posted to or created by users accessing the site, and is not in any manner responsible for the content of these communications and materials. You acknowledge that by providing you with the ability to view and distribute user-generated content on the site, Zabaware, Inc. is merely acting as a passive conduit for such distribution and is not undertaking any obligation or liability relating to any contents or activities on the site. However, Zabaware, Inc. reserves the right to block or remove communications or materials that it determines to be (a) abusive, defamatory, or obscene, (b) fraudulent, deceptive, or misleading, (c) in violation of a copyright, trademark or; other intellectual property right of another or (d) offensive or otherwise unacceptable to Zabaware, Inc. in its sole discretion.
You agree to indemnify, defend, and hold harmless Zabaware, Inc. its officers, directors, employees, agents, licensors and suppliers (collectively the "Service Providers") from and against all losses, expenses, damages and costs, including reasonable attorneys' fees, resulting from any violation of these terms and conditions or any activity related to your account (including negligent or wrongful conduct) by you or any other person accessing the site using your Internet account.
In an attempt to provide increased value to our visitors, Zabaware, Inc. may link to sites operated by third parties. However, even if the third party is affiliated with Zabaware, Inc. Zabaware, Inc. has no control over these linked sites, all of which have separate privacy and data collection practices, independent of Zabaware, Inc. These linked sites are only for your convenience and therefore you access them at your own risk. Nonetheless, Zabaware, Inc. seeks to protect the integrity of its web site and the links placed upon it and therefore requests any feedback on not only its own site, but for sites it links to as well (including if a specific link does not work).
Zabaware is a participant in the Amazon Services LLC Associates Program, an affiliate advertising program designed to provide a means for sites to earn advertising fees by advertising and linking to amazon.com