Welcome to Zenger, which is published by Z News Service, Inc. (“Z News”). These Terms and Conditions apply to www.zenger.news, our paid content, and any other of our websites, digital services or mobile or other applications on which a link to these Terms and Conditions appears (collectively, “Zenger”), all of which are provided by Z News at any time and from time to time in its sole discretion. Z News may change, suspend or discontinue any or all of the Zenger Services at any time. Z News does not control, and is not responsible for, any third-party site to which Zenger Services link or that links to any Zenger Services.
You agree that your use of the Zenger Services is subject to the following Terms and Conditions. If you do not agree with the Terms and Conditions in their entirety, please do not use any Zenger Services. These Terms and Conditions may be modified at any time and from time to time; the date of the most recent changes or revisions will appear on this page. Continued access to the Zenger Services by you will constitute your acceptance of any changes or revisions to these Terms and Conditions. Portions of the Zenger Services may be governed by different or additional terms and conditions. In the event of a conflict between any provision of these Terms and Conditions, on the one hand, and any specific terms and conditions for a particular Zenger Service, on the other hand, the applicable provision of the specific terms and conditions for that Zenger Service shall prevail with respect to your use of the Zenger Services.
The materials and tools contained on the Zenger Services are provided by Z News as a service to you for your noncommercial, personal use on an “as is, as available” basis and may be used by you for informational purposes only. You acknowledge that you are using the Zenger Services at your own risk. Z News assumes no responsibility for errors or omissions in these materials. Z News makes no commitment to update the information contained herein. Z News makes no, and expressly disclaims any and all, representations or warranties, express or implied, regarding the Zenger Services, including without limitation the accuracy, completeness, or reliability of text, graphics, links, products and services, and other items accessed from or via the Zenger Services, or that use of the Zenger Services will be uninterrupted, error-free, or free of viruses or other harmful components. No advice or information given by Zenger or any other party on the Zenger Services shall create any warranty or liability. The content provided through Zenger Services should be used for informational purposes only; the content is not intended to be a substitute for professional advice. Always seek the advice of a relevant professional with any questions about any health, financial or other decision you are seeking to make. In the case of our product reviews, consumers should always consult the manufacturer and/or their dealer/distributor for the most up-to-date product information, features and specifications.
Z News does not warrant or make any representations regarding the use or the results of the use of the materials on the Zenger Services in terms of their correctness, accuracy, timeliness, reliability, or otherwise. Under no circumstances shall Z News or any of its subsidiaries, affiliates, licensors, or their respective constituent entities, partners, officers, directors, employees, agents, or representatives be held liable for any damages, whether direct, incidental, indirect, special, or consequential, and including, without limitation, lost revenues or lost profits, arising from or in connection with your use, reliance on, or performance of the information on the Zenger Services. Your sole remedy in the event of any deficiency, defect, failure, error or interruption in the Zenger Services or any goods or services offered for sale through the Zenger Services shall be to request that Zenger correct the matter or, if Zenger fails to do so, to discontinue use of the Zenger Services. In no event shall Z News’ liability exceed an amount equal to all fees paid by you to Z News in connection with your use of the Zenger Services.
Z News periodically schedules system downtime for maintenance and other purposes. Unplanned outages also may occur. Z News shall have no liability for the resulting unavailability of the Zenger Services or for any loss of data or transactions caused by planned or unplanned system outages, or any outages of web host providers or the internet infrastructure and network external to the Zenger Services.
All materials published on or in the Zenger Services are protected by copyright laws, and may not be reproduced, republished, distributed, transmitted, resold, displayed, broadcast, or otherwise exploited in any manner without the express written permission of either Z News or, in the case of content licensed by Z News from third parties, the entity that is credited as the copyright holder of such licensed content. You may download freely accessible material (one copy per page) from the Zenger Services for your personal and noncommercial use only, without altering or removing any trademark, copyright, or other notice from such material; you must pay a fee to access that content which requires a fee for access. To request use of Zenger Services content—other than personal, non-commercial use as described above—contact [email protected] to request specific, written authorization, which may require payment of a fee and may be granted or denied in the sole discretion of Z News.
In the event you believe that any content posted on the Zenger Services infringes your copyright or other intellectual-property rights, you may notify Z News by providing the information required by the Online Copyright Infringement Liability Limitation Action of the Digital Millennium Copyright Act, 17 U.S.C. 512, to Z News’s Copyright Agent:
Attention: Paul Mansky
Chief Financial Officer
2303 Ranch Road, 620 South
Austin, TX 78734
User Generated Content
Z News may provide users an opportunity to transmit or post content, which may include text, videos, photographs, images, sound files and/or other content, to the Zenger Services (collectively, “User Content”) and may provide for the hosting, sharing and/or publishing of such User Content. Z News does not necessarily endorse, support, sanction, encourage, or agree with User Content and expressly disclaims any and all liability in connection with any User Content.
You shall not transmit or post any User Content that: (a) is unlawful, threatening, harassing, abusive, false, inaccurate, deceptive, misleading, offensive, distasteful, inappropriate, libelous, defamatory, obscene, vulgar, pornographic, profane, indecent, invasive of another’s privacy or harmful to minors in any way; (b) constitutes or encourages conduct that would constitute a criminal offense, give rise to civil liability, or otherwise violate any local, state, national, or international law; (c) is copyrighted, protected by trade secret, patent, trademark 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 submit or post the material and to grant Z News all of the license rights granted herein; (d) refers derisively to the goods or services of others; (e) includes any disruptive elements that may damage or interfere with the Zenger Services such as malware, spyware or other malicious code; (f) includes advertisements or solicitations of business; (g) impersonates another person; (h) includes any person’s full name or personal or identifying information without that person’s authorization; (i) violates the law or otherwise violates these Terms and Conditions; or (j) provides a link to any of the above.
In connection with any User Content that you submit, you affirm, represent, and/or warrant that: (i) you own or have the necessary licenses, rights, consents, and permissions to use, and to authorize Z News to use, all patent, trademark, trade secret, copyright or other proprietary rights in and to any and all User Content to enable inclusion and use of the User Content in the manner contemplated by the Zenger Services and these Terms and Conditions; (ii) you have the written consent, release, and/or permission of each and every identifiable individual person in the User Content to use the name or likeness of each and every such identifiable individual person to enable inclusion and use of the User Content in the manner contemplated by the Zenger Services and these Terms and Conditions; and (iii) it complies with these Terms and Conditions.
You understand that all User Content is the sole responsibility of the person who transmits or posts that User Content. This means that you, and not Z News, are entirely and solely responsible for all User Content that you transmit or post and for the consequences of Z News publishing such User Content. Z News does not and cannot review the User Content transmitted or posted by users and is not responsible for such content. However, Z News shall have the right, but not the obligation, to refuse, delete, move, remove, or edit any User Content that violates these Terms and Conditions or is otherwise objectionable, as determined by Z News in its sole discretion and without notice. Any specific complaints regarding User Content must be directed to [email protected], and any promise by Z News to investigate, delete, remove, or otherwise edit any User Content shall be non-binding unless expressly provided in writing by Z News.
You agree to indemnify Z News and its parents, subsidiaries, and affiliates, and each of their respective constituent entities, partners, officers, directors, employees, agents and representatives, against, and to hold each of them harmless from, any and all claims and liabilities (including attorney’s fees) that may arise from your use of the Zenger Services, your transmission or posting of User Content, your unauthorized use of material obtained from the Zenger Services, your breach of these Terms and Conditions, your violation of any law, regulation or any right of any other person or entity, and any unauthorized use of your account or password. Z News reserves the right to assume the exclusive defense and control of any matter which is subject to indemnification under this section. In such case, you agree to cooperate with any reasonable requests assisting our defense of such matter.
Z News does not claim any ownership rights in the User Content. By transmitting or posting User Content, you grant to Z News the perpetual, non-terminable, worldwide, nonexclusive, royalty-free, sub-licensable and transferable right and license to use, reproduce, edit, remove, modify (including the size and aspect ratio of photographs), publish, transmit, display, distribute, have distributed, promote, perform, translate, and prepare derivative works of, all or any portion of such User Content in any form, in any medium now existing or hereinafter invented for any purpose, including commercial uses, including without limitation, in connection with:
- the Zenger Services,
- other Z News publications,
- Z News’ (and our successors’) business,
- promoting and redistributing part or all of the Zenger Services (and derivative works thereof) without additional notice, approval, consent, compensation or attribution, or
- stories featuring the Zenger Services or any content on the Zenger Services in other news and media websites or other outlets.
You waive any moral rights you may have in the User Content. You also grant each user of the Zenger Services a non-exclusive license to access your User Content through the Zenger Services and to use, reproduce, distribute, prepare derivative works of, display and perform such User Content as permitted through the functionality of the Zenger Services and under these Terms and Conditions.
Third Party Provider Content Notices
By accessing the Zenger Services, you specifically acknowledge and agree that: (a) Zenger text, photo, graphic, audio and/or video material shall not be published, broadcast, rewritten for broadcast or publication or redistributed directly or indirectly in any medium except through a written agreement; (b) no Zenger materials nor any portion thereof may be stored in a computer other than for personal and non-commercial use except through a written agreement; and (c) Zenger will not be liable for any delays, inaccuracies, errors or omissions in any materials or in the transmission or delivery of any part thereof or for any damages arising therefrom or occasioned thereby.
Purchasers of paid content are not permitted to share, distribute, sell, or otherwise transfer their password to other individuals. The password is for the purchaser’s sole use. Significant or unusual use of a single password (including but not limited to significant use of a single password on multiple computers or devices) could result in suspension of that password. Paid content is protected by copyright laws and may not be transmitted (whether by e-mail or otherwise), reproduced, republished, distributed, resold, displayed, broadcast, or otherwise exploited in any manner without the express written permission of Z News.
Some of the features included in the Zenger Services are provided by third parties. The companies that Z News selects as service providers offer products and services that site visitors may find useful. Z News in certain cases may have a business relationship with the third parties that it selects as service providers. Z News is not responsible for the accuracy or reliability of any advice or information given, or of any statement made, by the companies providing featured services, or for the content, services, products, or advertising on or available from their websites, or for the availability and operations of their websites.
You agree that any claim, action, or proceeding arising out of these Terms and Conditions, or your use of the Zenger Services, shall be governed by and construed in accordance with the laws of the State of Texas applicable to contracts to be wholly performed therein, and any action based on or alleging a breach of this Agreement must be brought exclusively in a state or federal court located in Austin, Texas. You agree to submit to the personal jurisdiction of such courts.