The ZOGZAG THAILAND Web Site (the “Site”) is an online information service provided by ZOGZAG THAILAND
(“ZOGZAG THAILAND“), subject to your compliance with the terms and
conditions set forth below. PLEASE READ THIS DOCUMENT CAREFULLY BEFORE
ACCESSING OR USING THE SITE. BY ACCESSING OR USING THE SITE, YOU AGREE
TO BE BOUND BY THE TERMS AND CONDITIONS SET FORTH BELOW. IF YOU DO NOT
WISH TO BE BOUND BY THESE TERMS AND CONDITIONS, YOU MAY NOT ACCESS OR
USE THE SITE. ZOGZAG THAILAND MAY MODIFY THIS AGREEMENT AT ANY
TIME, AND SUCH MODIFICATIONS SHALL BE EFFECTIVE IMMEDIATELY UPON POSTING
OF THE MODIFIED AGREEMENT ON THE SITE. YOU AGREE TO REVIEW THE
AGREEMENT PERIODICALLY TO BE AWARE OF SUCH MODIFICATIONS AND YOUR
CONTINUED ACCESS OR USE OF THE SITE SHALL BE DEEMED YOUR CONCLUSIVE
ACCEPTANCE OF THE MODIFIED AGREEMENT.
1. Copyright, Licenses and Idea Submissions.
The entire contents of the Site are protected by international copyright
and trademark laws. The owner of the copyrights and trademarks are ZOGZAG THAILAND,
its affiliates or other third party licensors. YOU MAY NOT MODIFY,
COPY, REPRODUCE, REPUBLISH, UPLOAD, POST, TRANSMIT, OR DISTRIBUTE, IN
ANY MANNER, THE MATERIAL ON THE SITE, INCLUDING TEXT, GRAPHICS, CODE
AND/OR SOFTWARE. You may print and download portions of material from
the different areas of the Site solely for your own non-commercial use
provided that you agree not to change or delete any copyright or
proprietary notices from the materials. You agree to grant to ZOGZAG THAILAND
a non-exclusive, royalty-free, worldwide, perpetual license, with the
right to sub-license, to reproduce, distribute, transmit, create
derivative works of, publicly display and publicly perform any materials
and other information (including, without limitation, ideas contained
therein for new or improved products and services) you submit to any
public areas of the Site (such as bulletin boards, forums and
newsgroups) or by e-mail to ZOGZAG THAILAND by all means and in any media now known or hereafter developed. You also grant to ZOGZAG THAILAND
the right to use your name in connection with the submitted materials
and other information as well as in connection with all advertising,
marketing and promotional material related thereto. You agree that you
shall have no recourse against ZOGZAG THAILAND for any alleged or actual infringement or misappropriation of any proprietary right in your communications to ZOGZAG THAILAND.
TrafficServer 1.01 TRADEMARKS.
Publications, products, content or services referenced herein or on the Site are the exclusive trademarks or service marks of ZOGZAG THAILAND. Other product and company names mentioned in the Site may be the trademarks of their respective owners.
2. Use of the Site.
You understand that, except for information, products or services clearly identified as being supplied by ZOGZAG THAILAND, ZOGZAG THAILAND does not operate, control or endorse any information, products or services on the Internet in any way. Except for ZOGZAG THAILAND-
identified information, products or services, all information, products
and services offered through the Site or on the Internet generally are
offered by third parties, that are not affiliated with ZOGZAG THAILAND a. You also understand that ZOGZAG THAILAND
cannot and does not guarantee or warrant that files available for
downloading through the Site will be free of infection or viruses,
worms, Trojan horses or other code that manifest contaminating or
destructive properties. You are responsible for implementing sufficient
procedures and checkpoints to satisfy your particular requirements for
accuracy of data input and output, and for maintaining a means external
to the Site for the reconstruction of any lost data.YOU ASSUME TOTAL
RESPONSIBILITY AND RISK FOR YOUR USE OF THE SITE AND THE INTERNET. ZOGZAG THAILAND
PROVIDES THE SITE AND RELATED INFORMATION “AS IS” AND DOES NOT MAKE ANY
EXPRESS OR IMPLIED WARRANTIES, REPRESENTATIONS OR ENDORSEMENTS
WHATSOEVER (INCLUDING WITHOUT LIMITATION WARRANTIES OF TITLE OR NON
INFRINGEMENT, OR THE IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS
FOR A PARTICULAR PURPOSE) WITH REGARD TO THE SERVICE, ANY MERCHANDISE
INFORMATION OR SERVICE PROVIDED THROUGH THE SERVICE OR ON THE INTERNET
GENERALLY, AND ZOGZAG THAILAND SHALL NOT BE LIABLE FOR ANY COST
OR DAMAGE ARISING EITHER DIRECTLY OR INDIRECTLY FROM ANY SUCH
TRANSACTION. IT IS SOLELY YOUR RESPONSIBILITY TO EVALUATE THE ACCURACY,
COMPLETENESS AND USEFULNESS OF ALL OPINIONS, ADVICE, SERVICES,
MERCHANDISE AND OTHER INFORMATION PROVIDED THROUGH THE SERVICE OR ON THE
INTERNET GENERALLY. ZOGZAG THAILAND DOES NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE OR THAT DEFECTS IN THE SERVICE WILL BE CORRECTED.
YOU UNDERSTAND FURTHER THAT THE PURE NATURE OF THE INTERNET CONTAINS
UNEDITED MATERIALS SOME OF WHICH ARE SEXUALLY EXPLICIT OR MAY BE
OFFENSIVE TO YOU. YOUR ACCESS TO SUCH MATERIALS IS AT YOUR RISK. ZOGZAG THAILAND HAS NO CONTROL OVER AND ACCEPTS NO RESPONSIBILITY WHATSOEVER FOR SUCH MATERIALS.
LIMITATION OF LIABILITY
IN NO EVENT WILL ZOGZAG THAILAND BE LIABLE FOR (I) ANY
INCIDENTAL, CONSEQUENTIAL, OR INDIRECT DAMAGES (INCLUDING, BUT NOT
LIMITED TO, DAMAGES FOR LOSS OF PROFITS, BUSINESS INTERRUPTION, LOSS OF
PROGRAMS OR INFORMATION, AND THE LIKE) ARISING OUT OF THE USE OF OR
INABILITY TO USE THE SERVICE, OR ANY INFORMATION, OR TRANSACTIONS
PROVIDED ON THE SERVICE, OR DOWNLOADED FROM THE SERVICE, OR ANY DELAY OF
SUCH INFORMATION OR SERVICE. EVEN IF ZOGZAG THAILAND OR ITS
AUTHORIZED REPRESENTATIVES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH
DAMAGES, OR (II) ANY CLAIM ATTRIBUTABLE TO ERRORS, OMISSIONS, OR OTHER
INACCURACIES IN THE SERVICE AND/OR MATERIALS OR INFORMATION DOWNLOADED
THROUGH THE SERVICE. BECAUSE SOME STATES DO NOT ALLOW THE EXCLUSION OR
LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE
ABOVE LIMITATION MAY NOT APPLY TO YOU. IN SUCH STATES, ZOGZAG THAILAND LIABILITY IS LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW.ZOGZAG THAILAND
makes no representations whatsoever about any other web site which you
may access through this one or which may link to this Site. When you
access a Non-ZOGZAG THAILAND web site, please understand that it is independent from ZOGZAG THAILAND, and that ZOGZAG THAILAND has no control over the content on that web site. In addition, a link to a ZOGZAG THAILAND web site does not mean that ZOGZAG THAILAND endorses or accepts any responsibility for the content, or the use, of such web site.
3. Indemnification.
You agree to indemnify, defend and hold harmless ZOGZAG THAILAND,
its officers, directors, employees, agents, licensors, suppliers and any
third party information providers to the Service from and against all
losses, expenses, damages and costs, including reasonable attorneys’
fees, resulting from any violation of this Agreement (including
negligent or wrongful conduct) by you or any other person accessing the
Service.
4. Third Party Rights.
The provisions of paragraphs 2 (Use of the Service), and 3 (Indemnification) are for the benefit of ZOGZAG THAILAND
and its officers, directors, employees, agents, licensors, suppliers,
and any third party information providers to the Service. Each of these
individuals or entities shall have the right to assert and enforce those
provisions directly against you on its own behalf.
5.Term; Termination.
This Agreement may be terminated by either party without notice at any
time for any reason. The provisions of paragraphs 1 (Copyright, Licenses
and Idea Submissions), 2 (Use of the Service), 3 (Indemnification), 4
(Third Party Rights) and 6 (Miscellaneous) shall survive any termination
of this Agreement.
6.Miscellaneous.
This Agreement shall all be governed and construed in accordance with
the laws of India applicable to agreements made and to be performed in
India. You agree that any legal action or proceeding between ZOGZAG THAILAND
and you for any purpose concerning this Agreement or the parties’
obligations hereunder shall be brought exclusively in a federal or state
court of competent jurisdiction sitting in India . Any cause of action
or claim you may have with respect to the Service must be commenced
within one (1) year after the claim or cause of action arises or such
claim or cause of action is barred. ZOGZAG THAILAND failure to
insist upon or enforce strict performance of any provision of this
Agreement shall not be construed as a waiver of any provision or right.
Neither the course of conduct between the parties nor trade practice
shall act to modify any provision of this Agreement. ZOGZAG THAILAND may assign its rights and duties under this Agreement to any party at any time without notice to you.
Any rights not expressly granted herein are reserved.
