Legal

Zebra Digital Assets Inc. Terms of Service Use

Date of last modification: February 28, 2013

These terms of service (“Terms”) govern your access to and use of Zebra Digital Assets Inc. (“we” or “our” or “us” or “Zebra”) and our websites and products and services (collectively, “Services”). As a condition to your use of Zebra and the Services, you agree to these Terms. By using the Services you are agreeing to be bound by these Terms. You agree that you have the authority and legal capacity to bind yourself to these Terms, and that your use will be in compliance with these Terms. In the event you are using the Services on behalf of or as a representative of an organization, you are also agreeing to these Terms for that organization and represent that you have the authority and legal capacity to bind that organization, and in such event “you” and “your” will include that organization. You agree that the Services may change over time, and understand that we may discontinue, suspend, modify or stop the Services at any time without prior notice to you, or we may remove any content from our Services, all at our discretion. By using the Services, you grant us all rights and authority associated with your use of and our provision to you of the Services. Unless otherwise agreed upon in a specific writing executed between you and us, you agree to waive any and all liability against us, to hold us harmless, and that in no event will we have any liability for any damages, including, without limitation, consequential, exemplary, or punitive damages, all to the fullest extent permitted by law.

You will be associating your information in connection with your use of Zebra and our Services (your information, “your stuff”). You retain full ownership to your stuff to the extent of your ownership in and confidential nature of such stuff. However, by using our Services we are not making any representation as to the confidential nature of or ownership rights over your stuff. You are solely responsible for your conduct, the content of your files and folders, and your communications with others while using the Services. For example, it is your responsibility to ensure that you have the rights or permissions needed to comply with these Terms.

Zebra has no obligation to monitor any information on the Services. We are not responsible for the accuracy, completeness, appropriateness, or legality of files, user posts, or any other information you may be able to access using the Services or otherwise use in connection with the Services. You, and not Zebra, are responsible for maintaining and protecting all of your stuff. Zebra will not be liable for any loss or corruption of your stuff, or for any costs or expenses associated with backing up or restoring any of your stuff.

You agree to use Zebra and these Services at your risk. The Services include features that allow you to share your stuff with others or to make it public. There are many things that users may do or try to do with that stuff (for example, copy it, modify it, re-share it). Please consider carefully what and how you choose to share and with whom you share it, or make public. You agree and acknowledge that Zebra has no responsibility for any such activity. Files and other content in the Services may be protected by intellectual property rights of others. Please do not copy, upload, download, or share files unless you have the right to do so. You, not Zebra, will be fully responsible and liable for what you copy, share, upload, download or otherwise use while using the Services. You must not upload spyware or any other malicious software to the Service.

You are responsible for safeguarding the “authentication mechanism” (this mechanism may be a passphrase, a password and/or other authentication information and devices) that you use to access the Services. You agree not to disclose, reveal, or otherwise provide your authentication mechanism to any third party. You are responsible for any and all activity using your account. You should immediately notify Zebra of any unauthorized use of your account. You acknowledge that it is your responsibility to protect your transmission and storage of data or files with Zebra.

The services and software are provided “as is”, at your own risk, without express or implied warranty or condition of any kind. We also disclaim any warranties of merchantability, fitness for a particular purpose or non‐infringement. Zebra will have no responsibility for any harm to your computer system, loss or corruption of data, or other harm that results from your access to or use of the Services or Software.

Software and Zebra Property
Use of our Service may require you to download a client software package (“Software”). Zebra hereby grants you a limited, nontransferable, nonexclusive, revocable license to use the Software, solely to access the Services. Your license to use the Software is automatically revoked if you violate these Terms in a manner that implicates or involves in any manner our intellectual property rights. We hereby reserve all rights not expressly granted in these Terms. You must not reverse engineer or decompile the Software, nor attempt to do so, nor assist anyone else to do so. You agree that our Services may update the Software on your device automatically when a new version is available.

These Terms do not grant you any right, title, or interest in the Services, Software, or the content in the Services. While we appreciate it when users send us feedback, please be aware that we may use any feedback, comments, or suggestions you send us or post in our forums without any obligation to you.

The Software and other technology we use to provide the Services are protected by copyright, trademark, and other laws of both the United States and foreign countries. These Terms do not grant you any rights to use the Zebra trademarks, logos, domain names, or other brand features.

Copyright and Trademark
Zebra respects others’ intellectual property and asks that you do too. If your Zebra account configuration allows us to access your files, we may be legally required to, compelled, or may otherwise, in our sole discretion, determine to respond to notices of alleged copyright infringement. We reserve the right to delete or disable content alleged to be infringing and to terminate repeat infringers.

The information on Zebra’s Web site is protected by copyright:
Copyright© 2012 Zebra Digital Assets Inc. All Rights Reserved.

The products, brand names, trademarks, logos and service marks (“Marks”) displayed on the Zebra Web site and in the Zebra Software and in the ‘Zebra Marks List’ which is a part of the Terms of Service Use are the trademarks or registered trademarks of Zebra Digital Assets Inc. or other third parties. You are not permitted to use the Marks without the prior written consent of Zebra Digital Assets Inc. or such third party that may own the Marks. Appearance of third party trademarks on this Web site does not constitute an endorsement or a recommendation of those third parties and is not intended to imply that such third parties endorse or have any affiliation with Zebra Digital Assets Inc. unless otherwise specified. Except as specifically permitted herein, no portion of the information on this Web site may be reproduced in any form or by any means without prior written permission from Zebra Digital Assets Inc.
For further information on the use of Zebra Marks, please contact us at
Zebra Digital Assets Inc.
2825 East Cottonwood Parkway, #500,
Salt Lake City UT 84121
Unites States of America.

Third-Party Content
The Services may contain links to third-party websites or resources. Zebra does not endorse and is not responsible or liable for their availability, accuracy, the related content, products, or services. You are solely responsible for your use of any such websites or resources. Also, if we provide you with any software under an open source license, there may be provisions in those licenses that expressly conflict with these Terms, in which case the open source provisions will apply to the usage of that specific software component only.

Prices, Payment, Refunds
Zebra at its sole discretion may offer a Free Account for you to use the Services for no charge. You may use the Free Account or you may choose to subscribe to a Paid Account by paying a fee. Zebra may also offer different types of Paid Accounts called Personal Accounts and Professional Accounts. The Free Accounts and Personal Accounts are offered only for personal non-commercial use and you must not use them for commercial purposes. You may use Professional Accounts for personal or commercial purposes.

Prices of all Services, including but not limited to monthly subscription plan fees for the Service, are subject to change upon 30 day notice from Zebra Digital Assets, Inc. Such notice may be provided at any time by posting the changes to www.zebrada.com or via e-mail.

Zebra Digital Assets, Inc. reserves the right at any time and from time to time to modify the Service (or any part thereof) with or without notice. Zebra Digital Assets, Inc. shall not be liable to you or to any third party for any modification, price change, suspension, or discontinuance of the Service. Zebra reserves the right to discontinue or terminate a Free Account at its sole discretion at any time with or without notice.

The fee or charge associated with the Service (the “Service Fee”) is billed automatically in advance to your credit card on a monthly or yearly basis and IS NON-REFUNDABLE. There will be no refunds or credits for partial months of service, or refunds for months unused with an active subscription. You must notify Zebra Digital Assets, Inc. of any change to your billing information before the next billing cycle. For any upgrade or downgrade in plan level, your credit card that you provided will automatically be charged the new rate on your next billing cycle. You hereby authorize Zebra Digital Assets, Inc. to debit or credit, as applicable, the credit card or debit card you select to pay the Service Fee.

Your credit card information is processed securely using TLS 1.0, RC4 with 128 bit encryption (High), RSA with 2048 bit exchange.

Notices
Zebra may send you notices and other communications via email about the Services, including but not limited to (a) explanatory information about using the Services, (b) updates, (c) alerts about your stuff, (d) notices about your use of the Services including notices concerning violations, (e) promotional information about the Services, and (f) information that the law requires Zebra to provide. Zebra may send notices and other communications to you by updating Zebra’s website or by email at the address you specify in your account. Communications emailed to you will be deemed given and received when the email is sent. If you do not consent to receiving such email and electronic notices and communications you must stop using the Services.

Termination
You can stop using our Services at any time. We reserve the right to suspend or end the Services at any time, with or without cause, and with or without notice. For example, we may suspend or terminate your use if you are not complying with these Terms, or if you have not paid your Service Fee in a timely manner, or if you use the Services in any way that would cause us legal liability or disrupt others’ use of the Services. If we suspend or terminate your use, we will try to let you know in advance and help you retrieve data, though there may be some cases (for example, repeatedly or flagrantly violating these Terms, a court order, or danger to other users) where we may suspend immediately.

Once an account is canceled, Zebra Digital Assets, Inc. reserves the right to delete any associated data at any time. If you cancel the Service before the end of your current paid month or year, your cancellation will take effect immediately upon expiration of that paid month or year and your credit card will not be charged again; however, no refund or prorate will be issued.

Limitation of Liability
To the fullest extent permitted by law, in no event will Zebra, its affiliates, officers, employees, agents, suppliers or licensors be liable for (a) any indirect, special, incidental, punitive, exemplary or consequential (including loss of use, data, business, or profits) damages, regardless of legal theory, whether or not Zebra has been warned of the possibility of such damages, and even if a remedy fails of its essential purpose; (b) aggregate liability for all claims relating to the services more than the greater of $25 or the amounts paid by you to zebra for the past three months of the services in question.

Costs of Complying to Your Requests or Requests Related to Your Usage of Services
The scope of Services provided to you will be decided solely by Zebra. If any additional services are required to be provided by Zebra to you or to any third party acting on your behalf or to any legal authority with reference to your usage of Zebra, the costs for all such additional services shall be borne by you, and Zebra shall decide such costs at its sole discretion.

Export Restrictions
The export and re-export of the Software may be controlled by the United States Export Administration Regulations. The Software and Services may not be used in Cuba; Iran; North Korea; Sudan; or Syria or any country that is subject to an embargo by the United States. If you are a resident or national of, or a business located in, any of those countries, you may not download or use the Software and Services. In addition, the Software and Services may not be distributed to persons on the Table of Denial Orders; the Entity List; or the List of Specially Designated Nationals.

Zebra is subject to certain export restrictions of the United States Government. If you are (a) in a country to which export from the United States is restricted for anti-terrorism reasons, or a national of any such country, wherever located, (b) in a country to which the United States has embargoed or restricted the export of goods or services, or a national of any such country, wherever located, or (c) a person or entity who has been prohibited from participating in United States export transactions by any agency of the United States Government, then you may not subscribe to, install, download, access, use, or license Zebra Software or Services. By accepting this License, you warrant and represent to Zebra Digital Assets Inc. that (1) you do not match the criteria set forth in (a), (b), or (c) above, (2) that you will not export or re-export Zebra Software or Services to any country, person, or entity subject to U.S. export restrictions, including those persons and entities that match the criteria set forth in (a), (b), or (c) above, and (3) that neither the United States Bureau of Industry and Security, nor any other U.S. federal agency, has suspended, revoked, or denied your export privileges.

Consistent with 48 C.F.R. 12.212 and 48 C.F.R. 227.7202-1 through 227.7202-4, all U.S. Government end users may use, subscribe to, or acquire Zebra Software or Services and any related documentation with only those rights set forth in this License.

Modifications
We may revise these Terms from time to time and the most current version will always be posted on our website. If a revision, in our sole discretion, is material we will notify you (for example via email to the email address associated with your account). Other changes may be posted to our blog or terms page, so please check those pages regularly. By continuing to access or use the Services after revisions become effective, you agree to be bound by the revised Terms. If you do not agree to the new terms, please stop using the Services.

Miscellaneous Legal Terms
These terms and the use of the services and software will be governed by Utah and federal law except for its conflicts of laws principles. All claims arising out of or relating to these terms or the services or software must be litigated exclusively in the federal or state courts of Salt Lake City, Utah, and both parties consent to venue and personal jurisdiction there.

These Terms constitute the entire and exclusive agreement between you and Zebra with respect to the Software and Services, and supersede and replace any other agreements, terms and conditions applicable to the Services. These Terms create no third party beneficiary rights. Zebra’s failure to enforce a provision is not a waiver of its right to do so later. If a provision is found unenforceable the remaining provisions of the Agreement will remain in full effect and an enforceable term will be substituted reflecting our intent as closely as possible. You may not assign any of your rights in these Terms, and any such attempt is void, but Zebra may assign its rights to any of its affiliates or subsidiaries, or to any successor in interest of any business associated with the Services. Zebra and you are not legal partners or agents; instead, our relationship is that of independent contractors.

Zebra Marks List
The following is a non-exhaustive list of Zebra trademarks and service marks. The absence of a product name or service name or logo from the list does not constitute a waiver of Zebra’s trademark or other intellectual property rights concerning that name or logo.
Zebra logo™
Zebra Portable Safe™
ZPS™
ZPS File™
ZPS Explorer™
Neutral Cloud™
Security Evolved™