ZeFridge – User Agreement to Terms of Service
We are please to welcome you to ZeFridge. By using ZeFridge (the "Website"), you agree to abide and be bound by the Service Terms (the "ST") and/or any revised version. Any new service available on the Website or any modification of an existing service shall be governed by the ST, which may be modified or updated from time to time. We strongly encourage you to regularly review the ST.
The Website is operated by ZeFridge, Inc., #2700, 1000 Sherbrooke W., Montreal QC Canada, H3A 3G4, ("ZeFridge" or "we").
I. Description of Service
ZeFridge provides its users ("You"), for personal use, with a customizable website enabling you to manage your family calendars, including Third-Party calendars, select and aggregate Third-Party Content such as, including, but not limited to, RSS feeds, podcasts, or calendar events through Modules (the "Service"). A Module (also called widgets) is defined as a software element providing content, including feeds and data, you can add, remove, resize and reposition. ZeFridge does not provide content but rather operates as an enhanced personal Web browser.
Third-Party Content may be added from your/the ZeFridge home page, the ZeFridge system or from the Internet and is provided by professional content providers or other users. You may customize your pages of the website by adding or deleting content and moving and editing each module. The Website also enables you to create, submit and share content (including, but not limited to, forums, blogs, feeds, or calendar events.) ("Your Content").
The use of the Service is free, although Third-Parties may decide to charge a fee for accessing their content or services in whole or in part.
Each time you access the Website on your computer, or, if you are a registered user, on any computer by using your email address and password, the latest version of your ZeFridge personalized pages will be displayed as all modifications made to your page are saved in real time.
ZeFridge does not host Third-Party Content and keeps only technical and personal data in accordance with our privacy policy.
II. Registration and Conduct
Important Information
To access and use the Service, you must be legally capable of entering into a binding agreement and acknowledge that some Third-Party Content might be found offensive by some and might not be suitable for individuals under the age of 18. You must also abide by all applicable statutes and regulations in the Province of Quebec, Canada and, if applicable, in your home country.
You also acknowledge that the activity of creating, submitting or sharing Your Content may give rise to various types of legal liabilities and you represent that Your Content (whether or nor you are the author of said content) complies at all times (both when first submitted and throughout its accessibility on the Website) with the ST and all applicable laws. You understand that ZeFridge does not exercise any control over (other than technical if necessary) and does not pre-screen Your Content and Third-Party Content and may not be held liable for their communication to the public.
Registration, Email and Password
You do not need to register nor provide any personal data to access and use the Service. However, if you wish to access your personalized ZeFridge Web pages from any computer you will need to open an account by providing a valid email address and a password of your choice. Your email address must remain valid as long as your ZeFridge account remains active and it is your responsibility to update it should it no longer be accurate or current. More generally, all personal information communicated to ZeFridge must always be promptly updated as soon as it stops being true, complete, accurate, or current.
Your password is confidential and you shall not communicate it to any third-party individual or website. You should immediately contact ZeFridge should you have reason to believe that an unauthorized third party is using your password. You shall be liable for all actions taken with your password as well as for any loss or liability consequential to such use. We may cancel your account without notice in the case of any violation of the ST.
Posting and Sharing Content
You may post and share Your Content with the ZeFridge Community. You understand that you may share Your Content under your sole responsibility and represent that you own all the rights to, or have secured the necessary authorizations for, Your Content. As we do not exercise any control over Third-Party Content, when posting Your Content it is your responsibility to clearly and truly identify its actual or potential nature to ensure its classification in the proper category. This is necessary for the good operation of the Service and in order to protect other users by identifying content that may be explicit or pornographic. You shall verify that Your Content is in compliance with the ST and, more generally, is not harmful or unlawful. You understand that you may not request any payment from ZeFridge for posting or sharing content.
Conduct of Users
As a condition for accessing and using the Website and the Service, you agree:
Not to post, share, or otherwise transmit any content that is unlawful, obscene, harmful, threatening, defamatory or hateful or that contains objects or symbols of hate, invades the privacy of any third party, or is otherwise objectionable;
To respect the privacy of others and the confidentiality of the information you may receive and not to post, email or otherwise transmit any unsolicited or unauthorized advertising, promotional materials, "junk mail", "spam", "chain letters", "pyramid schemes", or any other form of solicitation;
Not to harass any other user of the Website or to impersonate another user by any means including by using her/his email address and password;
To always provide truthful, sincere and actual personal data and information and to update said data and information as needed so that it remains true, complete, accurate, and current;
To respect the rights of others and, more generally, all applicable laws and regulations relevant to your use of the Service, and not to make available any content that you do not have the lawful right to transmit (including any content that would violate any confidentiality or fiduciary obligations you might have), that would infringe the intellectual or proprietary rights of any third party (including, but not limited to, copyright, trademark, service mark or patent rights), or that would violate the right of privacy or publicity of any public or non-public persons;
Not to engage in any conduct or to post or share any content that would interrupt, destroy, limit or more generally harm the Website and/or the Service or enable you to gain unauthorized access to the Website, including the use of viruses, malicious computer code, programs or files;
Not to reproduce, copy, sell, or commercially use (including the right to access) in whole or in part, the Service and/or Website.
In case of any violation of the above, ZeFridge reserves the right to cancel or rename your account and/or to block you from accessing the Website as well as to disclose any information as necessary to satisfy any law, regulation, governmental request or partner request, at its sole discretion. ZeFridge also reserves the right to block the distribution of Your Content or any Third-Party Content through the Service. You also agree that ZeFridge modifies, at its sole discretion, the name of your universe for any reason, including your use of a generic name to identify your universe.
Further, you represent that you shall hold harmless (including reasonable attorneys' fees) ZeFridge, its affiliated companies, its principals, its agents, its administrators, and its employees from and against any claim by any third party arising out of or connected with the use of the Service, the violation of the ST or of any other document therein, or, more generally, the violation of the law.
III. Privacy Policy
ZeFridge respects your privacy and that of others. We encourage you to read our privacy policy. The personal information requested (email address and password) is necessary to make your personalized ZeFridge Web pages available from any computer and/or to safeguard your selections in case of deletion of the cookies files on your computer.
IV. Proprietary Rights
Access to the Website
ZeFridge is the sole holder of all proprietary rights to the Website and the Service including the users' databases. Any reproduction, display, publication, transmission or, more generally, any unauthorized use of the Website or the Service may trigger your liability and result in criminal or civil legal action. You undertake not to access the Service by any means other than those made available to you by ZeFridge. The use of Third-Party Content may only be done in compliance with the authorization or license granted by the respective right holders.
Intellectual Property and Copyright
The Website is an original work protected by intellectual property laws and international conventions. Its structure and the Third-Party Content available may be protected by copyright or any other intellectual property right. You warrant that you will not modify, lease, borrow, sell, or distribute these works, or create derivative works based wholly or partly on the Website or on Third-Party Content. You may access the Website for your personal and private use. Printing is limited to your personal non-commercial use; any other use or communication is prohibited without receiving ZeFridge's prior written consent.
Trademarks
The registered ZeFridge trademark and logo and all other ZeFridge trademarks are owned by ZeFridge. You agree not to use or communicate said trademarks or logo without our written consent. However, and by exception, you may reproduce the ZeFridge button on your Website to enable users to add Your Content to their personalized ZeFridge Web pages.
Intellectual Property of Others
We respect the intellectual property of others. If you believe that material over which you have rights has been reproduced or used in such a way as to constitute an infringement, please contact us with your personal information, a description of your work, the location on the Website of the potentially infringing material, a statement of the rights you have asserted over the work, and a statement of the absence of authorization given to the party using said material.
V. Disclaimer
Limitation of Liability
The Service and the Website are made available to you "as is." ZeFridge makes no warranty, whether implied or express, as to the Service and the Website. In particular and without limitation, we may not warrant the continuity and quality of the Service available on this Website, or the fact that the Website will be permanently accessible, or that our users will not violate the ST or our Privacy Policy. We may limit the use of our Service. We may not be held liable for the failure to make available, or for the deletion of, content or messages exchanged between users.
You understand that you are accessing and using the Website and the Service at your own risk. ZeFridge may not be held liable for your reliance on any information or data you may have accessed, directly or indirectly, through the Service, nor for your accessing or downloading of any material, program, or file through the Service. ZeFridge may not be held liable for any loss of data or for any damage to your computer system or any other device used to access the Service.
Although we use our best efforts and all available means to ensure the confidentiality of your personal data, we may not be held liable in the case of a breach of said confidentiality, regardless of its cause (including, but not limited to, technical difficulty, intrusion into our data processing system, or human mistake).
More generally, you accept that we may not be held liable for any consequential, special, or incidental damages, direct or indirect, resulting from the access to or use of the Service and/or Website and that the limitation of liability applies to ZeFridge Ltd. and to its affiliated companies, principals, directors, agents, and employees.
Third-Party Content - Links
ZeFridge has no control over and does not host Third-Party Content and Third-Party Services. Similarly, we cannot control links to other Websites or other Internet resources. These resources, content and services are provided to you "as is" to facilitate your Web browsing.
As such, you acknowledge that we may not be held liable with respect to third-party resources, content or services and you undertake to directly and exclusively contact the appropriate third party with any claim or request you may have. We may not be held liable with respect to the content, advertisements, products, services or any other data or information available on or from those external Websites or sources. Furthermore, you understand that we may not be held liable for any damages or loss arising from or connected with the use of or the reliance on the contents, goods, or services available on those external Websites or sources.
VI. Miscellaneous
Update and Modification
We reserve the right to correct possible errors on the Website and, more generally, to modify, from time to time and without notice, the Website or any part thereof. We may not be held liable for any modification, interruption, or suspension of the Service or for any resulting damages.
Notices
We may send you notices via email, or display on the Website links to said notices. We may use this method, for instance, to inform you of future revisions to the ST.
Termination of Account
You may terminate your account at any time. In the case of violation of the ST, we reserve the right to limit your access to the Website and/or to rename or terminate your account. You understand and accept that we may not be held liable for the cancellation of your account.
Severability
If any provision of the ST is adjudged by a court to be void or unenforceable, this shall in no way affect any other provision of the ST, which shall remain in full force and effect.
Entire Agreement
The ST and the Privacy Policy constitute the entire agreement between You and ZeFridge and shall supersede any prior agreement.
No Waiver
A waiver by ZeFridge of any term or condition of the ST shall not be deemed or construed to be a waiver of such term or condition for the future or any subsequent breach thereof.
Headings
The headings of the clauses do not form part of and shall not be read into the construction of the ST.
Choice of Law - Forum
ST and your relationship with ZeFridge are governed by the laws of the Province of Quebec and the applicable Canadian Federal Laws. The Quebec Superior Court shall have jurisdiction over any dispute arising out of or connected with the use of the Service or the Website.
