Welcome to theZtage.com, an Internetbased interactive videoplatform for uploading videos. The Ztage.com webiste is owned and operated by Digient Ltd, a UK company ( www.thedigient.com )
PLEASE READ THESE TERMS OF USE CAREFULLY AS THEY CONTAIN IMPORTANT INFORMATION REGARDING YOUR LEGAL RIGHTS, REMEDIES AND OBLIGATIONS. THESE INCLUDE VARIOUS LIMITATIONS AND EXCLUSIONS, AND A DISPUTE RESOLUTION CLAUSE THAT GOVERNS HOW DISPUTES WILL BE RESOLVED.
A. By using and/or visiting this website (collectively, including all content and functionality available through the theZtage.com domain name, the "Ztage ", or "Website"), you accept to comply with these terms and conditions. If you do not agree to any of these terms, please do not use the Ztage Website.
B. We will attempt to bring your attention to when major changes are made to these Terms of Use, you should periodically review the most up-to-date version. The Ztage reserves the right to, in its sole discretion, modify or revise these Terms of Use and Content Guidelines at any time, and you agree to be bound by such modifications or revisions. Nothing in this Agreement shall be deemed to confer any third-party rights or benefits.
A. These Terms of Use apply to all users of the the Ztage Website, not ony viewers but also including users who are contributors of video content, information, and other materials or services of any kind on the Website. The Ztage Website includes all aspects of the Ztage and other applications that may be accesible from the Ztage website from time to time.
B. On the Ztage webiste there may be links that lead the user to third party websites that are not owned or controlled by the Ztage. This means that the Ztage has no control over, and therefore cannot assume any responsibility or liability for, the content, privacy policies, or practices of any third party websites. By using the Ztage website, you expressly relieve the Ztage from any and all responsability and liability arising from the use of any third-party website.
A. In order to be able to access some features of the Ztage website, you will have to register for a log in account. You are requested never to use another's account without permission. When you are setting up your account, you are requested and must provide accurate and complete information. You are at all times solely responsible for the activity that occurs on your account, and you must keep your account password secure. You also agree to notify The Ztage immediately of any breach of security or unauthorized use of your account.
By using the Ztage website and if you are setting up an account, you are granted permission to access and use the Ztage website according to theseTerms of Use, provided that:
A. You agree not to distribute in any medium any part of the Website, including but not limited to User Submissions (defined below), without The Ztage's prior written authorization.
B. You agree not to alter or modify any part of the Website, or any of its related technologies.
C. You agree not to access User Submissions (defined below) or The Ztage content through any technology or means other than the video playback pages of the Ztage website itself.
D. You agree not to use The Ztage website for any commercial use, without the prior written authorization of the Ztage. Prohibited commercial uses include any of the following actions taken without The Ztage's express approval:E. Prohibited commercial uses do not include:
If you have any questions or are in doubt – please contact us at faq@theztage.com.
F. If you use The Ztage webiste, you agree that it may automatically download and install updates on your computer from time to time.
G. You agree not to use or launch any automated system, including without limitation, "robots," "spiders," or "offline readers," that accesses The Ztage website in a manner that sends more request messages to the servers used by The Ztage servers in a given period of time than a human can reasonably produce in the same period by using a conventional on-line web browser.
H. You agree not to collect or harvest any personally identifiable information, including account names, from The Ztage website, nor to use the communication systems provided by The Ztage website (e.g. comments, email) for any commercial solicitation purposes. You agree not to solicit, for commercial purposes, any users of The Ztage website.
I. In your use of The Ztage website, you will otherwise comply with the terms and conditions of these Terms of Use as well as our Content Guidelines, and all applicable local, national, and international laws and regulations.
J. The Ztage reserves the right to discontinue any aspect of The Ztage website at any time.
In addition to the general restrictions above, the following restrictions and conditions apply specifically to your use of content on The Ztage website.
A. The content on The Ztage website, including but without limitation, the text, software, scripts, graphics, photos, sounds, music, videos, interactive features and the like ("Content") and the trademarks, service marks and logos contained therein ("Marks"), are owned by or licensed to The Ztage, subject to copyright and other intellectual property rights under the law. Content on The Ztage website is provided to you as is for your information and personal use only and may not be downloaded, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited for any other purposes whatsoever without the prior written consent of the respective owners. The Ztage reserves all rights not expressly granted in and to The Ztage website and the content.
B. You may access User Submissions solely:
"Streaming" means a contemporaneous digital transmission of an audiovisual work via the Internet from The Ztage webiste to a user's device in such a manner that the data is intended for real-time viewing and not intended to be copied, stored, permanently downloaded, or redistributed by the user. Accessing User Videos for any purpose or in any manner other than Streaming is expressly prohibited. User Videos are made available "as is."
C. User Comments are made available to you for your information and personal use solely as intended through the normal functionality of the Ztage Service. User Comments are made available "as is", and may not be used, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, downloaded, or otherwise exploited in any manner not intended by the normal functionality of The Ztage Service or otherwise as prohibited under this Agreement.
D. You may access The Ztage Content, User Submissions and other content only as permitted under this Agreement. The Ztage reserves all rights not expressly granted in and to The Ztage Content and The Ztage Service.
E. You agree to not engage in the use, copying, or distribution of any of the Content other than expressly permitted herein, including any use, copying, or distribution of User Submissions of third parties obtained through the Website for any commercial purposes.
F. You agree not to circumvent, disable or otherwise interfere with security-related features of The Ztage Website or features that prevent or restrict use or copying of any Content or enforce limitations on use of The Ztage Website or the Content therein.
G. You understand that when using The Ztage Website, you will be exposed to User Submissions from a variety of sources, and that The Ztage is not responsible for the accuracy, usefulness, safety, or intellectual property rights of or relating to such User Submissions. You further understand and acknowledge that you may be exposed to User Submissions that are inaccurate, offensive, indecent, or objectionable, and you agree to waive, and hereby do waive, any legal or equitable rights or remedies you have or may have against The Ztage with respect thereto, and agree to indemnify and hold The Ztage, its Owners/Operators, affiliates, and/or licensors, harmless to the fullest extent allowed by law regarding all matters related to your use of the site.
A. As a Ztage account holder you may upload video content ("Videos") and textual content ("Comments") to The Ztage website. Videos and Comments are collectively referred to as "Submissions." You understand that whether or not such Submissions are published, The Ztage does not guarantee any nonconfidentiality with respect to any r Submissions.
B. You are and shall be solely responsible for your own Submissions and the consequences of posting or publishing them. In connection with Submissions, you affirm, represent, and/or warrant that: you own or have the necessary licenses, rights, consents, and permissions to use and authorize The Ztage to use all patent, trademark, trade secret, copyright or other proprietary rights in and to any and all Submissions to enable inclusion and use of the Submissions in the manner contemplated by the Website and these Terms of Use.
C. For clarity, you retain all of your ownership rights in your Submissions. However, by submitting Submissions to The Ztage, you hereby grant The Ztage and its owners a worldwide, non-exclusive, royalty-free, sublicenseable and transferable license to use, reproduce, distribute, prepare derivative works of, display, and perform the Submissions in connection with The Ztage website and The Ztage's (and its successors' and affiliates') business, including without limitation for promoting and redistributing part or all of The Ztage website (and derivative works thereof) in any media formats and through any media channels. You also hereby grant each user of The Ztage website a non-exclusive license to access your User Submissions through The Ztage website, and to use, reproduce, distribute, display and perform such User Submissions as permitted through the functionality of The Ztage website and under these Terms of Use. The above licenses granted by you in Videos terminate within a commercially reasonable time after you remove or delete your Videos from The Ztage’s services. You understand and agree, however, that The Ztage may retain, but not display, distribute, or perform, server copies of Submissions that have been removed or deleted. The above licenses granted by you in Comments are perpetual and irrevocable.
D. In connection with Submissions, you further agree that you will not submit material that is copyrighted, protected by trade secret or otherwise subject to third party proprietary rights, including privacy and publicity rights, unless you are the owner of such rights or have permission from their rightful owner to post the material and to grant The Ztage all of the license rights granted herein.
E. You further agree that you will not, in connection with Submissions, submit material that is contrary to The Ztage Content Guidelines, found at www.theztage.com/content_guidelines which may be updated from time to time, or contrary to applicable local, national, and international laws and regulations.
F. The Ztage does not endorse any Submission or any opinion, recommendation, or advice expressed therein, and The Ztage expressly disclaims any and all liability in connection with User Submissions. The Ztage does not permit copyright infringing activities and infringement of intellectual property rights on its Website, and The Ztage will remove all Content and Submissions if properly notified that such Content or Submission infringes on another's intellectual property rights. The Ztage, accordingly, reserves the right to remove Content and Submissions without prior notice.
A. The Ztage will terminate a User's access to its website if, under appropriate circumstances, if the User is determined to be a repeat infringer.
B. The Ztage therefore and unconditionally reserves the right to decide whether Content or a Submission is appropriate and complies with these Terms of Use or the Content Guidelines for violations other than copyright infringement, such as, but not limited to, pornography, obscene or defamatory material, or excessive length. The Ztage may remove such Submissions and/or terminate a User's access for uploading such material in violation of these Terms of Use at any time, without prior notice and at its sole discretion.
A.In the case you are a copyright owner or an agent thereof and have reason to believe or assume that any Submission or other content infringes upon your or your clients copyrights, you may submit a notification pursuant to the Digital Millennium Copyright Act ("DMCA") by providing us with the following information in writing (see 17 U.S.C 512(c)(3) for further detail):
Please submit all relevant documents to the following emailaddress: copyright@theztage.com.
B. Counter-Notice. If you believe that your Submission that has been removed (or to which access was disabled) is not infringing, or that you have the authorization from the copyright owner, the copyright owner's agent, or pursuant to the law, to post and use the content in your Submission, you may send a counter-notice containing the following information to the Copyright Agent:
If a counter-notice is received by the Copyright Agent, The Ztage may send a copy of the counter-notice to the original complaining party informing that person that it may replace the removed content or cease disabling it in 10 business days. Unless the copyright owner files an action seeking a court order against the content provider, member or user, the removed content may be replaced, or access to it restored, in 10 to 14 business days or more after receipt of the counter-notice, at The Ztage's sole discretion.
YOU AGREE AND ACCEPT THAT ALL YOUR USE OF THE ZTAGE WEBSITE SHALL BE AT YOUR OWN RISK. TO THE EXTENT PERMITTED BY LAW, THE ZTAGE, ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE WEBSITE AND ANY OF YOUR USE THEREOF. THE ZTAGE DOES NOT MAKE ANY WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THIS SITE'S CONTENT OR THE CONTENT OF ANY SITES LINKED TO THIS SITE AND THERFORE ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND YOUR USE OF OUR WEBSITE, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR WEBSITE, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH OUR WEBSITE BY ANY THIRD PARTY, AND/OR (V) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE ZTAGE WEBSITE. THE ZTAGE DOES NOT AND CAN NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE ZTAGE WEBSITE OR ANY HYPERLINKED WEBSITE OR FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND THE ZTAGE 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.
IN NO EVENT SHALLTHE ZTAGE, ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS, BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER RESULTING FROM ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR WEBSITE, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR WEBSITE, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH OUR WEBSITE BY ANY THIRD PARTY, AND/OR (V) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF YOUR USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE ZTAGE WEBSITE, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT THE COMPANY IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION. YOU SPECIFICALLY ACKNOWLEDGE THAT THE ZTAGE SHALL NOT BE LIABLE FOR USER SUBMISSIONS OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY AND THAT THE RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH YOU.
The Website is controlled and offered by The Ztage from its facilities in Sweden. The Ztage makes no representations that The Ztage Website is appropriate or available for use in other locations than Sweden. Those who access or use The Ztage Website from other jurisdictions do so at their own risk and are responsible for compliance with the local law of that jurisdiction.
You agree to defend, indemnify and hold harmless The Ztage, its owners, officers, directors, employees and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney's fees) arising from: (i) your use of and access to The Ztage Website; (ii) your violation of any term of these Terms of Use; (iii) your violation of any third party right, including without limitation any copyright, property, or privacy right; or (iv) any claim that one of your Submissions caused damage to a third party. This defense and indemnification obligation will survive these Terms of Use and your use of The Ztage Website.
You confirm that you are either more than 15 years of age, or an emancipated minor, or possess legal parental or guardian consent, and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in these Terms of Use, and to abide by and comply with these Terms of Use. In any case, you confirm that you are over the age of 15, as the Ztage Website is not intended for children under 15. If you are under 15 years of age, then please do not use the the Ztage Website.
These Terms of Use, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by The Ztage without restriction.
You agree that: (i) The Ztage Website shall be deemed solely based in Gothenburg, Sweden; and (ii) The Ztage Website shall be deemed a passive website that does not give rise to personal jurisdiction over The Ztage, either specific or general, in jurisdictions other than Sweden. These Terms of Use shall be governed by the internal substantive laws of Sweden, without respect to its conflict of laws principles. Any claim or dispute between you and The Ztage that arises in whole or in part from The Ztage Website shall be decided exclusively by a court of competent jurisdiction located in Gothenburg, Sweden. These Terms of Use and any other legal notices published by The Ztage on the Website, shall constitute the entire agreement between you and The Ztage concerning the Ztage Website. If any provision of these Terms of Use is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms of Use, which shall remain in full force and effect. No waiver of any term of this these Terms of Use shall be deemed a further or continuing waiver of such term or any other term, and The Ztage's failure to assert any right or provision under these Terms of Use shall not constitute a waiver of such right or provision. The Ztage reserves the right to amend these Terms of Use at any time and without notice, and it is your responsibility to review these Terms of Use for any changes. Your use of the Ztage Website following any amendment of these Terms of Use will signify your assent to and acceptance of its revised terms. YOU AND THE ZTAGE AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE ZTAGE WEBSITE MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.