The following terms and conditions govern all use of the zivasms.com website and all content, services and products available at or through the website.
Please read this Agreement carefully before accessing or using the Website. By accessing or using any part of the web site, you agree to become bound by the terms and conditions of this agreement. If you do not agree to all the terms and conditions of this agreement, then you may not access the Website or use any services.
If these terms and conditions are considered an offer by zivasms.com acceptance is expressly limited to these terms.
Zivasms.com has the right (though not the obligation) to, in zivasms.com sole discretion
- Refuse or remove any content that, in zivasms.com reasonable opinion, violates any zivasms.com policy or is in any way harmful or objectionable, or
- Terminate or deny access to and use of the Website to any individual or entity for any reason, in zivasms.com sole discretion.
Zivasms.com will have no obligation to provide a refund of any amounts previously paid.
By using the software and services provided zivasms.com you agree to be bound by the terms, conditions and notices contained herein.
Generally, this service prohibits:
* Over-use our resources by repeatedly making many requests to our servers
* Reverse engineer, circumvent or attack our website for the purpose of gaining unauthorized privileges
* Use of our service for purposes other than intended
This service prohibits sending of messages, that:
* are unsolicited commercial messages (spam)
* are harassing, abusive, defamatory, obscene, in bad faith, unethical or otherwise illegal content
* distribute trojans, viruses or other malicious computer software
* are intending to commit fraud, impersonating other persons, phishing, scams, or related crime
* distribute intellectual property without ownership or a license to distribute such property
* Copyright violations, complaints or abuse reports should be reported to us.
Zivasms.com may terminate your access to all or any part of the Website at any time, with or without cause, with or without notice, effective immediately.
If you wish to terminate this Agreement or your zivasms.com account (if you have one), you may simply discontinue using the Website.
All provisions of this Agreement which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.
Disclaimer of Warranties
The Website is provided “as is”. zivasms.com and its suppliers and licensors hereby disclaim all warranties of any kind, express or implied, including, without limitation, the warranties of merchantability, fitness for a particular purpose and non-infringement. Neither zivasms.com nor its suppliers and licensors, makes any warranty that the Website will be error free or that access thereto will be continuous or uninterrupted.
You understand that you download from, or otherwise obtain content or services through, the Website at your own discretion and risk.
Limitation of Liability
In no event will zivasms.com, or its suppliers be liable with respect to any subject matter of this agreement under any contract, negligence, strict liability or other legal or equitable theory for:
- Any special, incidental or consequential damages;
- The cost of procurement for substitute products or services;
- For interruption of use or loss or corruption of data; or
- For any amounts that exceed the fees paid by you to zivasms.com under this agreement during the twelve (12) month period prior to the cause of action.
Zivasms.com shall have no liability for any failure or delay due to matters beyond their reasonable control. The foregoing shall not apply to the extent prohibited by applicable law.
General Representation and Warranty. You represent and warrant that
- Your use of the Website will not infringe or misappropriate the intellectual property rights of any third party.
You agree to indemnify and hold harmless zivasms.com its contractors, and its licensors, and their respective directors, officers, employees and agents from and against any and all claims and expenses, including attorneys’ fees, arising out of your use of the Website, including but not limited to your violation of this Agreement.
This Agreement constitutes the entire agreement between zivasms.com and you concerning the subject matter hereof, and they may only be modified by a written amendment signed by an authorized executive of zivasms.com, or by the posting by zivasms.com of a revised version.
You may assign your rights under this Agreement to any party that consents to, and agrees to be bound by, its terms and conditions; zivasms.com may assign its rights under this Agreement without condition.
This Agreement will be binding upon and will inure to the benefit of the parties, their successors and permitted assigns.