Terms of Use
Terms of Use (Rev. 1343F05) 1 / 12
State of California Rev. 1343F05
TERMS OF USE
ZESTFUL MEDIA & DESIGN
Version Date: August 28, 2022
TERMS OF USE AGREEMENT
This Terms of Use Agreement (“Agreement”), along with our Company Privacy Policy
(https://zestfulmediadesign.com/privacy-policy-2/), constitutes a legally binding
agreement made between you, whether personally or on behalf of an entity (“user” or “you”) and Zestful
Media & Design and its affiliated companies, Websites, applications and tools (collectively, Zestful Media
& Design, “Company” or “we” or “us” or “our”), concerning your access to and use of the
zestfulmediadesign.com Website(s) as well as any other media form, media channel, mobile website or
mobile application related or connected thereto (collectively, the “Sites”). The Sites provide the following
service: Branding, Graphic Design, Web Design, DIY Course, Funnels. (“Company Services”).
Supplemental terms and conditions or documents that may be posted on the Sites from time to time, are
hereby expressly incorporated into this Agreement by reference.
Company makes no representation that the Sites is appropriate or available in other locations other than
where it is operated by Company. The information provided on the Sites is not intended for distribution to
or use by any person or entity in any jurisdiction or country where such distribution or use would be
contrary to law or regulation or which would subject Company to any registration requirement within such
jurisdiction or country. Accordingly, those persons who choose to access the Sites from other locations do
so on their own initiative and are solely responsible for compliance with local laws, if and to the extent
local laws are applicable.
All users who are minors in the jurisdiction in which they reside (generally under the age of 18) must have
the permission of, and be directly supervised by, their parent or guardian to use the Sites. If you are a
minor, you must have your parent or guardian read and agree to this Agreement prior to you using the
Sites. Persons under the age of 13 are not permitted to register for the Sites or use the Company
Services.
YOU ACCEPT AND AGREE TO BE BOUND BY THIS AGREEMENT BY ACKNOWLEDGING SUCH
ACCEPTANCE DURING THE REGISTRATION PROCESS (IF APPLICABLE) AND ALSO BY
CONTINUING TO USE THE SITES. IF YOU DO NOT AGREE TO ABIDE BY THIS AGREEMENT, OR
TO MODIFICATIONS THAT COMPANY MAY MAKE TO THIS AGREEMENT IN THE FUTURE, DO NOT
USE OR ACCESS OR CONTINUE TO USE OR ACCESS THE COMPANY SERVICES OR THE SITES.
PURCHASES; PAYMENT
Zestful Media & Design may offer free trial or sample of our products or services. The duration of the free
trial period and all other details of the offer will be posted on our Sites If you wish to try our free options
Terms of Use (Rev. 1343F05) 2 / 12
please read through them carefully first. Zestful Media & Design will bill you through a payment provider
for our Services. By using our paid options you agree to pay Zestful Media & Design all charges at the
prices then in effect for the products or services you or other persons using your billing account may
purchase, and you authorize Zestful Media & Design to charge your chosen payment provider for any
such purchases. You agree to make payment using that selected payment method. If you have ordered a
product or service that is subject to recurring charges then you agree to us charging your payment
method on a recurring basis, without requiring your prior approval from you for each recurring charge until
such time as you cancel the applicable product or service. Zestful Media & Design reserves the right to
correct any errors or mistakes in pricing that it makes even if it has already requested or received
payment. Sales tax will be added to the sales price of purchases as deemed required by Company.
Company may change prices at any time. All payments shall be in U.S. dollars.
REFUND AND RETURN
All sales are final and no refunds shall be issued.
USER REPRESENTATIONS
Regarding Your Registration
By using the Zestful Media & Design Services, you represent and warrant that:
A. all registration information you submit is truthful and accurate;
B. you will maintain the accuracy of such information;
C. you will keep your password confidential and will be responsible for all use of your password and
account;
D. you are not a minor in the jurisdiction in which you reside, or if a minor, you have received parental
permission to use our Sites; and
E. your use of the Company Services does not violate any applicable law or regulation.
You also agree to: (a) provide true, accurate, current and complete information about yourself as
prompted by the Sites’ registration form and (b) maintain and promptly update registration data to keep it
true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current
or incomplete, or Company has reasonable grounds to suspect that such information is untrue,
inaccurate, not current or incomplete, Company has the right to suspend or terminate your account and
refuse any and all current or future use of the Sites (or any portion thereof).
We reserve the right to remove or reclaim or change a user name you select if we determine appropriate
in our discretion, such as when the user name is obscene or otherwise objectionable or when a
trademark owner complains about a username that does not closely relate to a user’s actual name.
Regarding Content You Provide
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We may invite you to chat or participate in blogs, message boards, online forums and other functionality
and may provide you with the opportunity to create, submit, post, display, transmit, perform, publish,
distribute or broadcast content and materials to our Sites and/or to or via the Sites’ forms, emails, chat
agents, popups, including, without limitation, text, writings, video, audio, photographs, graphics,
comments, suggestions or personally identifiable information or other material (collectively
“Contributions”). Any Contributions you transmit to Zestful Media & Design will be treated as nonconfidential
and non-proprietary. When you create or make available a Contribution, you thereby
represent and warrant that:
A. the creation, distribution, transmission, public display and performance, accessing, downloading
and copying of your Contribution does not and will not infringe the proprietary rights, including but not
limited to the copyright, patent, trademark, trade secret or moral rights of any third party;
B. you are the creator and owner of or have the necessary licenses, rights, consents, releases and
permissions to use and to authorize Zestful Media & Design and the Sites’ users to use your
Contributions as necessary to exercise the licenses granted by you under this Agreement;
C. you have the written consent, release, and/or permission of each and every identifiable individual
person in the Contribution to use the name or likeness of each and every such identifiable individual
person to enable inclusion and use of the Contribution in the manner contemplated by our Sites;
D. your Contribution is not obscene, lewd, lascivious, filthy, violent, harassing or otherwise
objectionable (as determined by Zestful Media & Design), libelous or slanderous, does not ridicule,
mock, disparage, intimidate or abuse anyone, does not advocate the violent overthrow of any
government, does not incite, encourage or threaten physical harm against another, does not violate
any applicable law, regulation, or rule, and does not violate the privacy or publicity rights of any third
party;
E. your Contribution does not contain material that solicits personal information from anyone under 18
or exploit people under the age of 18 in a sexual or violent manner, and does not violate any federal or
state law concerning child pornography or otherwise intended to protect the health or well-being of
minors;
F. your Contribution does not include any offensive comments that are connected to race, national
origin, gender, sexual preference or physical handicap;
G. your Contribution does not otherwise violate, or link to material that violates, any provision of this
Agreement or any applicable law or regulation.
CONTRIBUTION LICENSE
By posting Contributions to any part of the Sites, or making them accessible to the Sites by linking your
account to any of your social network accounts, you automatically grant, and you represent and warrant
that you have the right to grant, to Zestful Media & Design an unrestricted, unconditional, unlimited,
irrevocable, perpetual, non-exclusive, transferable, royalty-free, fully-paid, worldwide right and license to
host, use, copy, reproduce, disclose, sell, resell, publish, broadcast, retitle, archive, store, cache, publicly
perform, publicly display, reformat, translate, transmit, excerpt (in whole or in part) and distribute such
Contributions (including, without limitation, your image and voice) for any purpose, commercial,
advertising, or otherwise, to prepare derivative works of, or incorporate into other works, such
Contributions, and to grant and authorize sublicenses of the foregoing. The use and distribution may
occur in any media formats and through any media channels. Such use and distribution license will apply
Terms of Use (Rev. 1343F05) 4 / 12
to any form, media, or technology now known or hereafter developed, and includes our use of your name,
company name, and franchise name, as applicable, and any of the trademarks, service marks, trade
names and logos, personal and commercial images you provide. Company does not assert any
ownership over your Contributions; rather, as between us and you, subject to the rights granted to us in
this Agreement, you retain full ownership of all of your Contributions and any intellectual property rights or
other proprietary rights associated with your Contributions. We will not use your contribution in a way that
infringes on your rights and always process your personal information lawfully and with your consent.
Company has the right, in our sole and absolute discretion, to (i) edit, redact or otherwise change any
Contributions, (ii) re-categorize any Contributions to place them in more appropriate locations or (iii) prescreen
or delete any Contributions that are determined to be inappropriate or otherwise in violation of this
Agreement.
By uploading your Contributions to the Sites, you hereby authorize Company to grant to each end user a
personal, limited, no-transferable, perpetual, non-exclusive, royalty-free, fully-paid license to access,
download, print and otherwise use your Contributions for their internal purposes and not for distribution,
transfer, sale or commercial exploitation of any kind.
SUBMISSIONS
You acknowledge and agree that any questions, comments, suggestions, ideas, feedback or other
information about the Sites or the Zestful Media & Design Services (“Submissions”) provided by you to
Zestful Media & Design are non-confidential and Zestful Media & Design (as well as any designee of
Company) shall be entitled to the unrestricted use and dissemination of these Submissions for any
purpose, commercial or otherwise, without acknowledgment or compensation to you.
PROHIBITED ACTIVITIES
You may not access or use the Sites for any other purpose other than that for which Zestful Media &
Design makes it available. The Sites may not be used in connection with any commercial endeavors
except those that are specifically endorsed or approved by Zestful Media & Design.
INTELLECTUAL PROPERTY RIGHTS
The content on the Sites (“Zestful Media & Design Content”) and the trademarks, service marks and logos
contained therein (“Marks”) are owned by or licensed to Zestful Media & Design, and are subject to
copyright and other intellectual property rights under United States and foreign laws and international
conventions. Zestful Media & Design Content, includes, without limitation, all source code, databases,
functionality, software, Sites’ designs, audio, video, text, photographs and graphics. All Zestful Media &
Design graphics, logos, designs, page headers, button icons, scripts and service names are registered
trademarks, common law trademarks or trade dress of Zestful Media & Design in the United States and/or
other countries. Zestful Media & Design trademarks and trade dress may not be used, including as part of
trademarks and/or as part of domain names, in connection with any product or service in any manner that
Terms of Use (Rev. 1343F05) 5 / 12
is likely to cause confusion and may not be copied, imitated, or used, in whole or in part, without the prior
written permission of the Zestful Media & Design.
Zestful Media & Design Content on the Sites is provided to you “AS IS” for your information and personal
use only and may not be used, copied, reproduced, aggregated, distributed, transmitted, broadcast,
displayed, sold, licensed, or otherwise exploited for any other purposes whatsoever without the prior
written consent of the respective owners. Provided that you are eligible to use the Sites, you are granted
a limited license to access and use the Sites and the Zestful Media & Design Content and to download or
print a copy of any portion of the Zestful Media & Design Content to which you have properly gained
access solely for your personal, non-commercial use. Zestful Media & Design reserves all rights not
expressly granted to you in and to the Sites and Zestful Media & Design Content and Marks.
THIRD PARTY WEBSITES AND CONTENT
The Sites contains (or you may be sent through the Sites or the Zestful Media & Design Services) links to
other websites (“Third Party Websites”) as well as articles, photographs, text, graphics, pictures, designs,
music, sound, video, information, applications, software and other content or items belonging to or
originating from third parties (the “Third Party Content”). Such Third Party Websites and Third Party
Content are not investigated, monitored or checked for accuracy, appropriateness, or completeness by
us, and we are not responsible for any Third Party accessed through the Sites or any Third Party Content
posted on, available through or installed from the Sites, including the content, accuracy, offensiveness,
opinions, reliability, privacy practices or other policies of or contained in the Third Party Websites or the
Third Party Content. Inclusion of, linking to or permitting the use or installation of any Third Party
Websites or any Third Party Content does not imply approval or endorsement thereof by us. If you decide
to leave the Sites and access the Third Party Websites or to use or install any Third Party Content, you
do so at your own risk and you should be aware that our terms and policies no longer govern. You should
review the applicable terms and policies, including privacy and data gathering practices, of any websites
to which you navigate from the Sites or relating to any applications you use or install from the Sites. Any
purchases you make through Third Party Websites will be through other websites and from other
companies, and Zestful Media & Design takes no responsibility whatsoever in relation to such purchases
which are exclusively between you and the applicable third party.
SITE MANAGEMENT
Zestful Media & Design reserves the right but does not have the obligation to:
A. monitor the Sites for violations of this Agreement;
B. take appropriate legal action against anyone who, in Zestful Media & Design sole discretion,
violates this Agreement, including without limitation, reporting such user to law enforcement
authorities;
C. in Zestful Media & Design sole discretion and without limitation, refuse, restrict access to or
availability of, or disable (to the extent technologically feasible) any user’s contribution or any portion
thereof that may violate this Agreement or any Zestful Media & Design policy;
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D. in Company’s sole discretion and without limitation, notice or liability to remove from the Sites or
otherwise disable all files and content that are excessive in size or are in any way burdensome to
Zestful Media & Design ‘s systems;
E. otherwise manage the Sites in a manner designed to protect the rights and property of Zestful
Media & Design and others and to facilitate the proper functioning of the Sites.
TERM AND TERMINATION
This Agreement shall remain in full force and effect while you use the Sites or are otherwise a user or
member of the Sites, as applicable. You may terminate your use or participation at any time, for any
reason, by following the instructions for terminating user accounts in your account settings, if available, or
by contacting us using the contact information below.
WITHOUT LIMITING ANY OTHER PROVISION OF THIS AGREEMENT, COMPANY RESERVES THE
RIGHT TO, IN COMPANY’S SOLE DISCRETION AND WITHOUT NOTICE OR LIABILITY, DENY
ACCESS TO AND USE OF THE SITES AND THE COMPANY SERVICES, TO ANY PERSON FOR ANY
REASON OR FOR NO REASON AT ALL, INCLUDING WITHOUT LIMITATION FOR BREACH OF ANY
REPRESENTATION, WARRANTY OR COVENANT CONTAINED IN THIS AGREEMENT, OR OF ANY
APPLICABLE LAW OR REGULATION, AND COMPANY MAY TERMINATE YOUR USE OR
PARTICIPATION IN THE SITES AND THE COMPANY SERVICES, DELETE YOUR PROFILE AND ANY
CONTENT OR INFORMATION THAT YOU HAVE POSTED AT ANY TIME, WITHOUT WARNING, IN
COMPANY’S SOLE DISCRETION.
In order to protect the integrity of the Sites and Company Services, Company reserves the right at any
time in its sole discretion to block certain IP addresses from accessing the Sites and Company Services.
Any provisions of this Agreement that, in order to fulfill the purposes of such provisions, need to survive
the termination or expiration of this Agreement, shall be deemed to survive for as long as necessary to
fulfill such purposes.
YOU UNDERSTAND THAT CERTAIN STATES ALLOW YOU TO CANCEL THIS AGREEMENT,
WITHOUT ANY PENALTY OR OBLIGATION, AT ANY TIME PRIOR TO MIDNIGHT OF COMPANY’S
THIRD BUSINESS DAY FOLLOWING THE DATE OF THIS AGREEMENT, EXCLUDING SUNDAYS
AND HOLIDAYS. TO CANCEL, CALL A COMPANY CUSTOMER CARE REPRESENTATIVE DURING
NORMAL BUSINESS HOURS USING THE CONTACT INFORMATION LISTING BELOW IN THIS
AGREEMENT OR BY ACCESSING YOUR ACCOUNT SETTINGS. THIS SECTION APPLIES ONLY TO
INDIVIDUALS RESIDING IN STATES WITH SUCH LAWS.
If Company terminates or suspends your account for any reason, you are prohibited from registering and
creating a new account under your name, a fake or borrowed name, or the name of any third party, even
if you may be acting on behalf of the third party. In addition to terminating or suspending your account,
Company reserves the right to take appropriate legal action, including without limitation pursuing civil,
criminal, and injunctive redress.
MODIFICATIONS
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To Agreement
Company may modify this Agreement from time to time. Any and all changes to this Agreement will be
posted on the Sites and revisions will be indicated by date. You agree to be bound to any changes to this
Agreement when you use the Company Services after any such modification becomes effective.
Company may also, in its discretion, choose to alert all users with whom it maintains email information of
such modifications by means of an email to their most recently provided email address. It is therefore
important that you regularly review this Agreement and keep your contact information current in your
account settings to ensure you are informed of changes. You agree that you will periodically check the
Sites for updates to this Agreement and you will read the messages we send you to inform you of any
changes. Modifications to this Agreement shall be effective after posting.
To Services
Company reserves the right at any time to modify or discontinue, temporarily or permanently, the
Company Services (or any part thereof) with or without notice. You agree that Company shall not be
liable to you or to any third party for any modification, suspension or discontinuance of the Company
Services.
DISPUTES
Between Users
If there is a dispute between users of the Sites, or between users and any third party, you understand and
agree that Company is under no obligation to become involved. In the event that you have a dispute with
one or more other users, you hereby release Company, its officers, employees, agents and successors in
rights from claims, demands and damages (actual and consequential) of every kind or nature, known or
unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way related to
such disputes and/or the Company Services.
With Company
A. Governing Law; Jurisdiction. This Agreement and all aspects of the Sites and Company Services
shall be governed by and construed in accordance with the internal laws of the State of California,
without regard to conflict of law provisions. With respect to any disputes or claims not subject to
informal dispute resolution or arbitration (as set forth below), you agree not to commence or prosecute
any action in connection therewith other than in the state and federal courts located in __________
County, State of California, and you hereby consent to, and waive all defenses of lack of personal
jurisdiction and forum non conveniens with respect to, venue and jurisdiction in such state and federal
courts. Application of the United Nations Convention on Contracts for the International Sale of Goods
is excluded from this Agreement. Additionally, application of the Uniform Computer Information
Transaction Act (UCITA) is excluded from this Agreement. In no event shall any claim, action or
proceeding by you related in any way to the Sites or Company Services be instituted more than two
(2) years after the cause of action arose.
Terms of Use (Rev. 1343F05) 8 / 12
B. Informal Resolution. To expedite resolution and control the cost of any dispute, controversy or
claim related to this Agreement (“Dispute”), you and Company agree to first attempt to negotiate any
Dispute (except those Disputes expressly provided below) informally for at least thirty (30) days before
initiating any arbitration or court proceeding. Such informal negotiations commence upon written
notice from one person to the other.
C. Binding Arbitration. If you and Company are unable to resolve a Dispute through informal
negotiations, either you or Company may elect to have the Dispute (except those Disputes expressly
excluded below) finally and exclusively resolved by binding arbitration. Any election to arbitrate by one
party shall be final and binding on the other. YOU UNDERSTAND THAT ABSENT THIS PROVISION,
YOU WOULD HAVE THE RIGHT TO SUE IN COURT AND HAVE A JURY TRIAL. The arbitration
shall be commenced and conducted under the Commercial Arbitration Rules of the American
Arbitration Association (“AAA”) and, where appropriate, the AAA’s Supplementary Procedures for
Consumer Related Disputes (“AAA Consumer Rules”), both of which are available at the AAA website
www.adr.org. The determination of whether a Dispute is subject to arbitration shall be governed by the
Federal Arbitration Act and determined by a court rather than an arbitrator. Your arbitration fees and
your share of arbitrator compensation shall be governed by the AAA Consumer Rules and, where
appropriate, limited by the AAA Consumer Rules. If such costs are determined by the arbitrator to be
excessive, Company will pay all arbitration fees and expenses. The arbitration may be conducted in
person, through the submission of documents, by phone or online. The arbitrator will make a decision
in writing, but need not provide a statement of reasons unless requested by a party. The arbitrator
must follow applicable law, and any award may be challenged if the arbitrator fails to do so. Except
where otherwise required by the applicable AAA rules or applicable law, the arbitration will take place
in __________ County, State of California. Except as otherwise provided in this Agreement, you and
Company may litigate in court to compel arbitration, stay proceedings pending arbitration, or to
confirm, modify, vacate or enter judgment on the award entered by the arbitrator.
D. Restrictions. You and Company agree that any arbitration shall be limited to the Dispute between
Company and you individually. To the full extent permitted by law, (1) no arbitration shall be joined
with any other; (2) there is no right or authority for any Dispute to be arbitrated on a class-action basis
or to utilize class action procedures; and (3) there is no right or authority for any Dispute to be brought
in a purported representative capacity on behalf of the general public or any other persons.
E. Exceptions to Informal Negotiations and Arbitration. You and Company agree that the following
Disputes are not subject to the above provisions concerning informal negotiations and binding
arbitration: (1) any Disputes seeking to enforce or protect, or concerning the validity of any of your or
Company’s intellectual property rights; (2) any Dispute related to, or arising from, allegations of theft,
piracy, invasion of privacy or unauthorized use; and (3) any claim for injunctive relief. If this Section is
found to be illegal or unenforceable then neither you nor Company will elect to arbitrate any Dispute
falling within that portion of this Section found to be illegal or unenforceable and such Dispute shall be
decided by a court of competent jurisdiction within the courts listed for jurisdiction above, and you and
Company agree to submit to the personal jurisdiction of that court.
CORRECTIONS
Terms of Use (Rev. 1343F05) 9 / 12
Occasionally there may be information on the Sites that contains typographical errors, inaccuracies or
omissions that may relate to service descriptions, pricing, availability, and various other information.
Company reserves the right to correct any errors, inaccuracies or omissions and to change or update the
information at any time, without prior notice.
DISCLAIMERS
Company cannot control the nature of all of the content available on the Sites. By operating the Sites,
Company does not represent or imply that Company endorses any blogs, contributions or other content
available on or linked to by the Sites, including without limitation content hosted on third party websites or
provided by third party applications, or that Company believes contributions, blogs or other content to be
accurate, useful or non-harmful. We do not control and are not responsible for unlawful or otherwise
objectionable content you may encounter on the Sites or in connection with any contributions. The
Company is not responsible for the conduct, whether online or offline, of any user of the Sites or
Company Services.
YOU AGREE THAT YOUR USE OF THE SITES AND COMPANY SERVICES WILL BE AT YOUR SOLE
RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, COMPANY, ITS OFFICERS, DIRECTORS,
EMPLOYEES, AND AGENTS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN
CONNECTION WITH THE SITES AND THE COMPANY SERVICES AND YOUR USE THEREOF,
INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS
FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. COMPANY MAKES NO WARRANTIES
OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THE SITES CONTENT
OR THE CONTENT OF ANY WEBSITES LINKED TO OUR SITES AND ASSUMES NO LIABILITY OR
RESPONSIBILITY FOR ANY (A) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT AND
MATERIALS, (B) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER,
RESULTING FROM YOUR ACCESS TO AND USE OF OUR SITES, (C) ANY UNAUTHORIZED
ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL
INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (D) ANY INTERRUPTION
OR CESSATION OF TRANSMISSION TO OR FROM THE SITES OR COMPANY SERVICES, (E) ANY
BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR
THROUGH OUR SITES BY ANY THIRD PARTY, AND/OR (F) ANY ERRORS OR OMISSIONS IN ANY
CONTENT AND MATERIALS OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A
RESULT OF THE USE OF ANY CONTENT POSTED, TRANSMITTED, OR OTHERWISE MADE
AVAILABLE VIA THE SITES. COMPANY DOES NOT WARRANT, ENDORSE, GUARANTEE, OR
ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A
THIRD PARTY THROUGH THE SITES OR ANY HYPERLINKED SITES OR FEATURED IN ANY
BANNER OR OTHER ADVERTISING, AND COMPANY WILL NOT BE A PARTY TO OR IN ANY WAY
BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY
PROVIDERS OF PRODUCTS OR SERVICES. AS WITH THE PURCHASE OF A PRODUCT OR
SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST
JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE.
LIMITATIONS OF LIABILITY
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IN NO EVENT SHALL COMPANY OR ITS DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE TO
YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, EXEMPLARY,
INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING LOST PROFIT, LOST REVENUE,
LOSS OF DATA OR OTHER DAMAGES ARISING FROM YOUR USE OF THE SITES OR COMPANY
SERVICES, EVEN IF COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, COMPANY’S LIABILITY
TO YOU FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION,
WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO COMPANY FOR THE
COMPANY SERVICES DURING THE PERIOD OF THREE (3) MONTHS PRIOR TO ANY CAUSE OF
ACTION ARISING.
CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE
EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR
ALL OF THE ABOVE DISCLAIMERS OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY
HAVE ADDITIONAL RIGHTS.
IF YOU ARE A CALIFORNIA RESIDENT, YOU WAIVE CALIFORNIA CIVIL CODE SECTION 1542,
WHICH SAYS: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR
DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE
RELEASE, WHICH, IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT
WITH THE DEBTOR.”
INDEMNITY
You agree to defend, indemnify and hold Company, its subsidiaries, and affiliates, and their respective
officers, agents, partners and employees, harmless from and against, any loss, damage, liability, claim, or
demand, including reasonable attorneys’ fees and expenses, made by any third party due to or arising out
of your contributed content, use of the Company Services, and/or arising from a breach of this Agreement
and/or any breach of your representations and warranties set forth above. Notwithstanding the foregoing,
Company reserves the right, at your expense, to assume the exclusive defense and control of any matter
for which you are required to indemnify Company, and you agree to cooperate, at your expense, with
Company’s defense of such claims. Company will use reasonable efforts to notify you of any such claim,
action, or proceeding which is subject to this indemnification upon becoming aware of it.
NOTICES
Except as explicitly stated otherwise, any notices given to Company shall be given by email to the
address listed in the contact information below. Any notices given to you shall be given to the email
address you provided during the registration process, or such other address as each party may specify.
Notice shall be deemed to be given twenty-four (24) hours after the email is sent, unless the sending
party is notified that the email address is invalid. We may also choose to send notices by regular mail.
USER DATA
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Our Sites will maintain certain data that you transfer to the Sites for the purpose of the performance of the
Company Services, as well as data relating to your use of the Company Services. Although we perform
regular routine backups of data, you are primarily responsible for all data that you have transferred or that
relates to any activity you have undertaken using the Company Services. You agree that Company shall
have no liability to you for any loss or corruption of any such data, and you hereby waive any right of
action against Company arising from any such loss or corruption of such data.
ELECTRONIC CONTRACTING
Your use of the Company Services includes the ability to enter into agreements and/or to make
transactions electronically. YOU ACKNOWLEDGE THAT YOUR ELECTRONIC SUBMISSIONS
CONSTITUTE YOUR AGREEMENT AND INTENT TO BE BOUND BY AND TO PAY FOR SUCH
AGREEMENTS AND TRANSACTIONS. YOUR AGREEMENT AND INTENT TO BE BOUND BY
ELECTRONIC SUBMISSIONS APPLIES TO ALL RECORDS RELATING TO ALL TRANSACTIONS YOU
ENTER INTO RELATING TO THE COMPANY SERVICES, INCLUDING NOTICES OF CANCELLATION,
POLICIES, CONTRACTS, AND APPLICATIONS. In order to access and retain your electronic records,
you may be required to have certain hardware and software, which are your sole responsibility.
MISCELLANEOUS
This Agreement constitutes the entire agreement between you and Company regarding the use of the
Company Services. The failure of Company to exercise or enforce any right or provision of this
Agreement shall not operate as a waiver of such right or provision. The section titles in this Agreement
are for convenience only and have no legal or contractual effect. This Agreement operates to the fullest
extent permissible by law. This Agreement and your account may not be assigned by you without our
express written consent. Company may assign any or all of its rights and obligations to others at any time.
Company shall not be responsible or liable for any loss, damage, delay or failure to act caused by any
cause beyond Company’s reasonable control. If any provision or part of a provision of this Agreement is
unlawful, void or unenforceable, that provision or part of the provision is deemed severable from this
Agreement and does not affect the validity and enforceability of any remaining provisions. There is no
joint venture, partnership, employment or agency relationship created between you and Company as a
result of this Agreement or use of the Sites and Company Services. Upon Company’s request, you will
furnish Company any documentation, substantiation or releases necessary to verify your compliance with
this Agreement. You agree that this Agreement will not be construed against Company by virtue of having
drafted them. You hereby waive any and all defenses you may have based on the electronic form of this
Agreement and the lack of signing by the parties hereto to execute this Agreement.
CONTACT US
In order to resolve a complaint regarding the Company Services or to receive further information
regarding use of the Company Services, please contact Company as set forth below or, if any complaint
with us is not satisfactorily resolved, and you are a California resident, you can contact the Complaint
Assistance Unit of the Division of Consumer Services of the Department of Consumer Affairs in writing at
400 “R” Street, Sacramento, California 95814 or by telephone at 1-916-445-1254.
Terms of Use (Rev. 1343F05) 12 / 12
Zestful Media & Design
908 Spruance Road
Monterey, CA 93940
Email: hello@zestfulmediadesign.com
Phone: 9373444037
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Terms of Use (Rev. 1343F05)
GENERAL INSTRUCTIONS
WHAT IS A TERMS OF USE
AGREEMENT?
A Terms of Use Agreement is a written set of
rules and regulations between two parties, the
User and the Company, that the User must
agree to follow in order to use the Company’s
website and services.
WHEN IS A TERMS OF USE
AGREEMENT NEEDED?
While Terms and Conditions are not required by
law, any website, especially e-commerce or
social networking websites or applications and
any website or internet service provider that
stores a User’s personal data, should consider
having Terms and Conditions.
A written set of Terms and Conditions protects
the Company and acts an instruction manual for
its website. It allows the Company to explain
things related to its service or product, including,
among other things:
• how purchases, payment, and returns are
handled
• ownership and use of content and intellectual
property
• how Users must conduct themselves, including
any prohibited behavior
• limitations on liability and disclaimers
• the Company’s privacy policy
WHO NEEDS A TERMS OF USE
AGREEMENT?
Almost every website or application that
provides a service or product has a Terms of
Use Agreement.
Here are some examples of websites and apps
that use a Terms of Use Agreement:
• E-Commerce Company – Ebay, Amazon,
Target, Gap
• Social Media Website or Application –
Facebook, Instagram, Twitter, Snapchat
• Search Engine – Google, Yahoo, Bing
• Website or Application
Providing a Service or Product –
YouTube, Apple, Uber
• Gaming Website or Application –
Playstation, Pokemon Go, Candy Crush
WHAT SHOULD BE INCLUDED IN A
TERMS OF USE?
A simple Terms of Service should generally
have at least the following:
• Who is the Company providing the service or
product
• What is the service or product provided by the
Company
• Where is the Company’s website
• When will the agreement terminate
• Why might the User not be granted access to
the website
• How does the User agree to accept the Terms
of Service
The Company can tailor the rules and
regulations, or “terms of use”, according to the
service or product it provides and its specific
needs. The Terms of Use Agreement can be
posted on the Company’s website either as a
browsewrap agreement or a clickwrap
agreement.
OTHER NAMES
As a reference, a Terms of Use Agreement is
known by other names:
• Terms of Service Agreement
• Terms and Conditions
• User Agreement
• Statement of Rights and Responsibilities
• Disclaimer
• TOU
• ToS
• TOS
• TOC