Terms of service

Our aim is to keep this Agreement as readable as possible, but in some cases for legal

reasons, some of the language is required "legalese".

Your Acceptance of this Agreement

The following terms and conditions, together with any documents and/or additional terms they expressly

incorporate by reference including, without limitation, our Privacy Policy (as defined below), constitute a

legal agreement (collectively, this "Agreement") and are entered into by and between you ("you", "your",

"User") and ZombieBay ("Company" "we" "us", & "our").

This Agreement contains very important information regarding your rights and obligations, as well as

conditions, limitations, and exclusions that apply to your access and use of https://www.zombiebay.com/

(the "Website "). Please read the Agreement carefully.

BY ACCESSING AND USING THIS WEBSITE, YOU:

(A) ACCEPT AND AGREE TO BE BOUND AND COMPLY WITH THIS AGREEMENT;

(B) YOU REPRESENT AND WARRANT THAT YOU ARE THE LEGAL AGE OF MAJORITY UNDER

APPLICABLE LAW TO FORM A BINDING CONTRACT WITH US; AND,

(C) YOU AGREE IF YOU ACCESS THE WEBSITE FROM A JURISDICTION WHERE IT IS NOT

PERMITTED, YOU DO SO AT YOUR OWN RISK.

 

Updates to this Agreement or the Website

We may revise this Agreement and the Website and its content at any time without notice and all such

revisions are effective immediately upon posting and apply to all access to and continued use of the

Website. By continuing to use this Website you are agreeing to be bound by the then current version of

this Agreement.

Your Responsibilities

You are required to ensure that all persons who access the Website are aware of this Agreement and

comply with it. The Website, including content or areas of the Website, may require user registration. It is

a condition of your use of the Website that all the information you provide on the Website is correct,

current, and complete.

Any username, password, or any other piece of information chosen by you, or provided to you as part of

our security procedures, must be treated as confidential, and you must not disclose it to any other person. Prohibited Activities

You are prohibited from attempting to circumvent and from violating the security of this Website,

including, without limitation:

(a) accessing content and data that is not intended for you;

(b) attempting to breach or breaching the security and/or authentication measures which are not

authorized;

(c) restricting, disrupting or disabling service to users, hosts, servers, or networks;

(d) illicitly reproducing TCP/IP packet headers;

(e) disrupting network services and otherwise disrupting our ability to monitor the Website;

(f) using any robot, spider, or other automatic device, process, or means to access the Website for

any purpose, including monitoring or copying any of the material on the Website;

(g) introducing any viruses, trojan horses, worms, logic bombs, or other material that is malicious or

technologically harmful;

(h) attacking the Website via a denial-of-service attack, distributed denial-of-service attack,

flooding, mailbombing, or crashing; and

(i) otherwise attempting to interfere with the proper working of the Website.

Ownership of the Website and Content

You understand and agree that the Website and any and all of its entire contents (including without

limitation all text, graphics, interfaces, images, video, sounds, music, artwork, designs, computer code,

data, and other elements available on or through the Website, and the design, structure, selection,

arrangement, and look and feel of those items, and the Website as a whole), features, and functionality are

owned by us, our licensors, or other providers of such material and are protected in all forms by

intellectual property laws including without limitation, copyright, trademark, patent, trade secret, and any

other proprietary rights. Your use of the Website does not transfer to you any right, title or interest in, to

or associated with the Website or its content.

Your Limited Rights to Access and Use the Website

The viewing or downloading of any content, grants you only a limited, non-exclusive, revocable, nontransferable license for use solely by you for your own personal use and not for republication, distribution, assignment, sublicense, sale, preparation of derivative works or other use. No part of any content, form or document may be reproduced in any form or incorporated into any information retrieval system, electronic or mechanical, other than for your personal use (but not for resale or redistribution).

 

Our Rights

We have the right, without provision of notice to:

(A) take appropriate legal action including without limitation referral to or cooperation with law enforcement or regulatory authorities, or notifying the harmed party of any illegal or unauthorized

use of the Website;

(B) terminate or suspend your access to all or part of the Website for any or no reason, including,

without limitation, any violation of this Agreement;

YOU ARE SOLELY AND ENTIRELY RESPONSIBLE FOR YOUR USE OF THE WEBSITE AND YOUR

COMPUTER, INTERNET, AND DATA SECURITY.

YOU WAIVE AND HOLD HARMLESS COMPANY AND ITS PARENT, SUBSIDIARIES, AFFILIATES, AND

THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, SERVICE PROVIDERS,

CONTRACTORS, LICENSORS, LICENSEES, SUPPLIERS, AND SUCCESSORS FROM ANY AND ALL

CLAIMS RESULTING FROM ANY ACTION TAKEN BY THE COMPANY AND ANY OF THE FOREGOING

PARTIES RELATING TO ANY, INVESTIGATIONS BY EITHER THE COMPANY OR BY LAW

ENFORCEMENT AUTHORITIES.

Third-Party Links and Content

For your convenience, this Website may provide links or pointers to third-party sites or third-party

content. We make no representations about any other websites or third-party content that may be

accessed from this Website. If you choose to access any such sites, you do so at your own risk. We have no

control over the third-party content or any such third-party sites and accept no responsibility for such

sites or for any loss or damage that may arise from your use of them. You are subject to any terms and

conditions of such third-party sites.

 

Disclaimers

YOU UNDERSTAND AND AGREE THAT YOUR USE OF THE WEBSITE, ITS CONTENT, AND ANY

GOODS, DIGITAL PRODUCTS, SERVICES, INFORMATION OR ITEMS FOUND OR ATTAINED

THROUGH THE WEBSITE IS AT YOUR OWN RISK. THE WEBSITE, ITS CONTENT, AND ANY GOODS,

SERVICES, DIGITAL PRODUCTS, INFORMATION OR ITEMS FOUND OR ATTAINED THROUGH THE

WEBSITE ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT ANY WARRANTIES

OR CONDITIONS OF ANY KIND, EITHER EXPRESS OR IMPLIED INCLUDING, BUT NOT LIMITED TO,

THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR

NON-INFRINGEMENT. THE FOREGOING DOES NOT AFFECT ANY WARRANTIES THAT CANNOT BE

EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

YOU ACKNOWLEDGE AND AGREE THAT COMPANY OR ITS RESPECTIVE DIRECTORS, OFFICERS,

EMPLOYEES, AGENTS, SERVICE PROVIDERS, CONTRACTORS, LICENSORS, LICENSEES, SUPPLIERS,

OR SUCCESSORS MAKE NO WARRANTY, REPRESENTATION, OR ENDORSEMENT WITH RESPECT TO

THE COMPLETENESS, SECURITY, RELIABILITY, SUITABILITY, ACCURACY, CURRENCY, OR

AVAILABILITY OF THE WEBSITE OR ITS CONTENTS OR THAT ANY GOODS, SERVICES, DIGITAL

PRODUCTS, INFORMATION OR ITEMS FOUND OR ATTAINED THROUGH THE WEBSITE WILL BE

ACCURATE, RELIABLE, ERROR-FREE, OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED,

THAT OUR WEBSITE OR THE SERVER THAT MAKES IT AVAILABLE OR CONTENT ARE FREE OF

VIRUSES OR OTHER HARMFUL COMPONENTS OR DESTRUCTIVE CODE. THE COMPANY NOR ITS RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, SERVICE PROVIDERS, CONTRACTORS, LICENSORS, LICENSEES, SUPPLIERS, OR SUCCESSORS BE LIABLE FOR NEGLIGENCE, GROSS NEGLIGENCE, NEGLIGENT MISREPRESENTATION, FUNDAMENTAL BREACH, DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING, BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT, BREACH OF PRIVACY, OR OTHERWISE, EVEN IF THE PARTY WAS ALLEGEDLY ADVISED OR HAD REASON TO KNOW, ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT, YOUR USE, OR INABILITY TO USE, OR RELIANCE ON, GOODS, DIGITAL PRODUCTS, SERVICES, INFORMATION, THE WEBSITE, ANY LINKED WEBSITES OR SUCH OTHER THIRD-PARTY WEBSITES, NOR ANY WEBSITE CONTENT, MATERIALS, POSTING, OR INFORMATION THEREON EVEN IF COMPANY WAS ALLEGEDLY ADVISED OR HAD REASON TO KNOW.

 

Indemnification

To the maximum extent permitted by applicable law, you agree to defend, indemnify, and hold harmless

Company, its parent, subsidiaries, affiliates, and their respective directors, officers, employees, agents,

service providers, contractors, licensors, suppliers, successors, and assigns from and against any claims,

liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys'

fees) arising out of or relating to your breach of this Agreement or your use of the Website including, but

not limited to, third-party sites and content, any use of the Website's content and services other than as

expressly authorized in this Agreement.


Last Updated: 04/18/2022