Effective as of December 15, 2020
IMPORTANT – THIS IS A LEGAL AGREEMENT BETWEEN YOU (referenced herein as “you” or “user” or with “your”) AND ZA ZA SNACKS LLC, A NEW YORK LIMITED LIABILITY COMPANY (referenced herein as “ZaZa”) THAT APPLIES EACH TIME YOU USE OR ACCESS A WEBSITE OR OTHER ONLINE PROPERTY (PAGE OR SITE, SUCH AS zaza-snacks.com) (referenced collectively herein as “Site”) THAT LINKS TO THESE TERMS OF USE (“TOU”). YOU SHOULD THEREFORE READ CAREFULLY THIS TOU AS IT GOVERNS YOUR USE OF THE SITE. IF YOU DO NOT AGREE TO THIS TOU, YOU ARE NOT PERMITTED TO USE OR OTHERWISE ACCESS THE SITE.
1. LICENSE GRANT. The Site is made available by ZaZa, and this TOU provides to you a personal, revocable, limited, non-exclusive, non-transferable, and non-sublicensable license to use the Site, conditioned on your continued compliance with this TOU. You may print and download materials and information from the Site solely for your personal use, provided that all hard copies contain all copyright and other applicable notices contained in such materials and information and that you do not further distribute or disclose such materials and information.
2. LICENSE GRANT RESTRICTIONS. This TOU is only a license and not an assignment or sale. ZaZa transfers no ownership or intellectual property interest or title in and to the Site to you or anyone else. Further, ZaZa reserves all rights not expressly granted by this TOU. Accordingly, you may not modify, translate, decompile, create derivative work(s) of, copy, distribute, disassemble, broadcast, transmit, publish, remove, or alter any proprietary notices or labels, licenses, or sublicenses; and you may not transfer, sell, mirror, frame, exploit, rent, lease, private label, grant a security interest in, or otherwise use in any manner not expressly permitted herein the Site.
3. USER OBLIGATIONS. By accessing or using the Site, you represent and warrant that you are at least eighteen (18) years of age (or the legal age of majority, whichever is greater) and will, at all times, provide true, accurate, current, and complete information when submitting information or materials on or through the Site, including, without limitation, when you provide information via Site registration or submission form. Individuals under the age of eighteen (18) (or the applicable age of majority) may utilize the Site only with the involvement and acceptance of this TOU by a parent or legal guardian, and then solely under the parent or legal guardian’s account. In addition, you agree to abide by all applicable local, state, national, and international laws and regulations with respect to your use of the Site. You also acknowledge and agree that use of the Internet and the Site is solely at your own risk.
4. CHANGES TO THE TOU. ZaZa may revise and update this TOU from time to time in its sole discretion. Your continued use of the Site following the posting of a revised TOU means that you accept and agree to these updates. Please review this TOU from time to time. ZaZa reserves the right to change the Site, and any service or material ZaZa provides on the Site, in its sole discretion, without notice. ZaZa will also not be liable if, for any reason, all or any part of the Site is unavailable at any time or for any period.
5. ACCOUNT. Registration for access to and use of particular areas or functionality of the Site may require access credentials, such as a user name and password, or adherence to other particular access requirements as designated by ZaZa in our sole discretion from time to time. You hereby agree to consider and maintain your access credentials as the confidential information of ZaZa. You shall immediately notify ZaZa if you suspect or become aware of any loss or theft of or unauthorized use of your access credentials. ZaZa has the right to disable any user name, password, or other identifier, whether chosen by you or provided by ZaZa, at any time in ZaZa’s sole discretion for any or no reason, including if, in ZaZa’s opinion, you have violated any provision of this TOU.
6. USER CONTRIBUTIONS. You may contribute content to this Site through the ZaZa discussion forum (with such content referenced as “User Contribution(s)”). You agree that you will not upload, post, display, or transmit any of the following:
ZaZa reserves the right to establish additional practices, parameters, and limits in its sole discretion concerning the storage, display, or availability of any User Contribution(s).
7. PERMISSION TO USE USER CONTRIBUTIONS. By submitting any type of a User Contribution(s), you automatically and hereby grant to ZaZa a perpetual, royalty-free, transferable, sublicensable, and non-exclusive right and license to adopt, publish, reproduce, disseminate, transmit, distribute, copy, use, create derivative works of, and display (in whole or in part) worldwide, or act on any such User Contribution(s), without additional approval or consideration, and you hereby waive any claim to the contrary. You represent that you have all necessary rights to make a User Contribution(s) available to ZaZa, and you also acknowledge that ZaZa has no control over the extent to which any idea or information in a User Contribution may be used by any party or person once it's posted or displayed.
8. NO PRE-SCREENING OF USER CONTRIBUTIONS. ZaZa is not responsible for pre-screening or editing your or any other user’s User Contribution(s) and encourages all of its users to use reasonable discretion and caution in evaluating or reviewing any User Contributions. Moreover, ZaZa does not endorse, oppose, or edit any opinion or information provided by you or another user (unless separately and expressly provided by ZaZa) and does not make any representation with respect to, nor does it endorse the accuracy, acceptability, completeness, timeliness, or reliability of any User Contribution(s) displayed, uploaded, or distributed by you or any other user. Nevertheless, ZaZa reserves the right to monitor, delete, access, read, preserve, disclose, or take other action with respect to User Contribution(s) that ZaZa believes in good faith violates this TOU and/or is, or potentially may be, unlawful or harmful to ZaZa, its services, or goodwill. ZaZa may, in its sole discretion, remove or delete the User Contribution(s) in its entirety, issue you a warning, and/or terminate your use of this Site.
9. RELIANCE ON INFORMATION POSTED. The information presented on or through the Site is made available solely for general information purposes. ZaZa does not warrant the accuracy, completeness, or usefulness of this information. Any reliance you place on such information is strictly at your own risk. ZaZa disclaims all liability and responsibility arising from any reliance placed on such materials by you or any other visitor to the Site, or by anyone who may be informed of any of its contents. ZaZa may update the content on this Site from time to time, but its content is not necessarily complete or up to date. Any of the material on the Site may be out of date at any given time, and ZaZa is under no obligation to update such material.
10. DMCA TAKEDOWN POLICY. It is ZaZa’s policy to respond to notices of alleged infringement that comply with the Digital Millennium Copyright Act (DMCA). ZaZa respects the intellectual property of others. Copyright owners who believe that their intellectual property rights have been infringed through the online services provided by ZaZa may contact ZaZa through their authorized agent and request that the infringing material be removed or access to it blocked. ZaZa's designated “Agent for Notice” of claims of copyright infringement can be reached as follows: copyright manager; hello@zaza-snacks.com; 917-940-8182.
Proper notification of copyright infringement must be sent to ZaZa’s Agent for Notice (as designated above) and must include the following information:
Please place the following label, “Notice of Infringement,” in the subject line of all such communications to ZaZa. ZaZa will promptly remove or disable access to materials that are the subject of a proper DMCA notification and notify the user responsible for the material about said removal.
11. PROPRIETARY RIGHTS. The Site is owned by Za Za Snacks LLC, a New York limited liability company and/or its licensors. All rights reserved. Any downloadable or printable information or materials available through the Site, unless otherwise indicated, are owned by ZaZa and/or ZaZa’s licensors. ZaZa’s name, logo, and all other names, logos, and icons identifying ZaZa and its software, solutions, products, and services are proprietary trademarks of ZaZa, and any use of such marks without the express written permission of ZaZa is strictly prohibited. Other services, products, or company names mentioned herein may be the trademarks and/or service marks of their respective owners.
12. FEEDBACK. ZaZa welcomes your feedback and suggestions about the Site or its products, as well as thoughts on how to generally improve the Site or ZaZa’s products. By transmitting any suggestions, information, material, or other content (collectively, “Feedback”) to ZaZa or its representative, you represent and warrant that such Feedback does not infringe or violate the intellectual property or proprietary rights of any third party (including, without limitation, patents, copyrights, or trademark rights); and that you have all rights necessary to convey to ZaZa and its representative, and to enable ZaZa and its representative to use such Feedback. In addition, any Feedback received will be deemed to include a royalty-free, perpetual, irrevocable, transferable, and non-exclusive right and license from you for ZaZa and its affiliates and representatives to adopt, publish, reproduce, disseminate, transmit, distribute, copy, use, create derivative works of, and display (in whole or in part) worldwide, or act on such Feedback without additional approval or consideration, in any form, media, or technology now known or later developed, for the full term of any rights that may exist therein; and you hereby waive any claim to the contrary.
13. PRIVACY POLICY. Please see the ZaZa Privacy Policy for a summary of ZaZa’s personally identifiable information, and collection and use practices. You further agree that any such notices, agreements, disclosures or other communications that ZaZa sends you electronically (using the contact information you provide through the Site) will satisfy any legal communication requirements.
14. LINKS TO OTHER SITES. ZaZa may provide links, in its sole discretion, to other sites on the World Wide Web for your convenience. Such other sites are maintained by third parties over which ZaZa exercises no control. These links do not imply an endorsement with respect to any third party or any third-party website, or the information, products, or services provided by any third party. ZaZa has no control over the contents of those sites or resources, and accepts no responsibility for them, or for any loss or damage that may arise from your use of them. If you decide to access any of the third-party websites linked to this Site, you do so entirely at your own risk, and subject to the terms and conditions of use for such websites.
15. DISCLAIMER. THE SITE IS PROVIDED ON AN “AS-IS” AND “AS AVAILABLE” BASIS AND MAY INCLUDE ERRORS, OMISSIONS, OR OTHER INACCURACIES. ZAZA EXPRESSLY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. ZAZA ALSO DISCLAIMS ANY RESPONSIBILITY FOR THE CONTENT, THE USER CONTRIBUTIONS, THE MATERIALS, THE ACCURACY OF THE INFORMATION, AND/OR THE QUALITY OF THE INFORMATION, PRODUCTS, OR SERVICES PROVIDED BY, AVAILABLE THROUGH, OR ADVERTISED ON THESE THIRD-PARTY WEB SOLUTIONS.
16. LIMITATION OF LIABILITY. TO THE FULLEST EXTENT PROVIDED BY LAW, YOU EXPRESSLY ABSOLVE AND RELEASE ZAZA AND ITS PARTNERS, SUPPLIERS, AND AFFILIATES, AND THEIR RESPECTIVE OWNERS, MEMBERS, AGENTS, DIRECTORS, OFFICERS, EMPLOYEES, REPRESENTATIVES, AFFILIATES, SUCCESSORS, AND ASSIGNS FROM ANY CLAIM OF HARM RESULTING FROM A CAUSE BEYOND ZAZA’S CONTROL. MOREOVER, IN NO EVENT SHALL ZAZA AND ITS PARTNERS, SUPPLIERS, AND AFFILIATES AND THEIR RESPECTIVE OWNERS, MEMBERS, AGENTS, DIRECTORS, OFFICERS, EMPLOYEES, REPRESENTATIVES, AFFILIATES, SUCCESSORS, AND ASSIGNS BE LIABLE FOR ANY INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF THE SITE OR WITH THE DELAY OR INABILITY TO USE THE SITE, EVEN IF ZAZA HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THESE TERMS OF USE OR THE SITE MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES; OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.
SOME JURISDICTIONS DO NOT ALLOW THE DISCLAIMER, EXCLUSION, OR LIMITATION OF CERTAIN WARRANTIES, CONDITIONS, LIABILITIES AND DAMAGES AND, ACCORDINGLY, SOME OF THE ABOVE DISCLAIMERS AND LIMITATIONS MAY NOT APPLY TO YOU. IN SUCH JURISDICTIONS, LIABILITY WILL BE LIMITED TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW.
17. ENFORCING SECURITY. You may not use the Site or any of its data, systems, network, or services to engage in, foster, or promote illegal, abusive, or irresponsible behavior, including, without limitation, accessing or using ZaZa’s data, systems, or networks in an unauthorized manner, attempting to probe, scan, or test the vulnerability of ZaZa’s system or network, circumventing any security or authentication measures, monitoring any data or traffic, interfering with any services, collecting or using from the Site email addresses or other identifiers, collecting or using from the Site information without the consent of the owner or licensor, using any false, misleading, or deceptive TCP-IP packet header information, using the Site to distribute software or tools that gather information, distributing advertisements, or engaging in conduct that is likely to result in retaliation against ZaZa or its data, systems, or network. Actual or attempted unauthorized use of the Site may result in criminal and/or civil prosecution, including, without limitation, punishment under the Computer Fraud and Abuse Act of 1986 under U.S. federal law. ZaZa reserves the right to view, monitor, and record activity on the Site without notice or permission from you. Any information obtained by monitoring, reviewing, or recording is subject to review by law enforcement organizations in connection with any investigation or prosecution of possible criminal or unlawful activity on the Site, as well as to disclosures required by or under applicable law or related government agency actions. ZaZa will also comply with all court orders or subpoenas involving requests for such information. In addition to the foregoing, ZaZa reserves the right to, at any time and without notice, modify, update, suspend, terminate, or interrupt operation of or access to the Site or any portion of the Site in order to protect the Site or ZaZa.
18. INJUNCTIVE RELIEF. You acknowledge that any breach, threatened or actual, of this TOU, including, without limitation, with respect to unauthorized use of ZaZa proprietary assets, will cause irreparable injury to ZaZa, such injury would not be quantifiable in monetary damages, and ZaZa would not have an adequate remedy at law. You therefore agree that ZaZa shall be entitled, in addition to other available remedies, to seek and be awarded an injunction or other appropriate equitable relief from a court of competent jurisdiction restraining any breach, threatened or actual, of your obligations under any provision of this TOU. Accordingly, you hereby waive any requirement that ZaZa post any bond or other security in the event any injunctive or equitable relief is sought by, or awarded to, ZaZa to enforce any provision of this TOU.
19. TERM AND TERMINATION. This TOU will take effect (or re-take effect) at the moment you begin downloading, accessing, or using the Site, whichever is earliest. ZaZa reserves the right at any time and on reasonable grounds to deny your access to the Site or to any portion thereof and this TOU will also terminate automatically if you fail to comply with its terms and conditions, subject to the survival rights of certain provisions identified below. Termination will be effective without prior notice. You may also terminate this TOU at any time by ceasing to use the Site, but all applicable provisions of this TOU will survive termination, as identified below, and each re-access or use of the Site will reapply this TOU (then in effect) to you. Upon termination, you must destroy all copies of any aspect of the Site in your possession. The provisions concerning ZaZa’s proprietary rights, Feedback, disclaimers of warranty, limitations of liability, waiver and severability, entire agreement, injunctive relief, and governing law will survive the termination of this TOU for any reason.
20. GOVERNING LAW. The Site is controlled and operated by ZaZa from its offices within the United States. This TOU has been made in, and will be construed and enforced in, accordance with the laws of the State of New York as applied to agreements entered into and completely performed in the State of New York. Any action to enforce this TOU will be brought in the courts presiding in the State of New York, and all parties to this TOU expressly agree to be subject to the jurisdiction of such courts. Access to the Site may not be legal by certain persons or in certain countries. If you access the Site from outside the United States, you do so on your own initiative and are responsible for compliance with local laws.
21. WAIVER & SEVERABILITY. Failure to insist on strict performance of any of the terms and conditions of this TOU will not operate as a waiver of any subsequent default or failure of performance. No waiver by ZaZa of any right under this TOU will be deemed to be either a waiver of any other right or provision or a waiver of that same right or provision at any other time. If any part of this TOU is determined to be invalid or unenforceable pursuant to applicable law, including, but not limited to, the warranty disclaimers, venue, claim, and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most clearly matches the intent of the original provision and the remainder of this TOU shall continue in effect.
22. ENTIRE AGREEMENT. No joint venture, partnership, employment, affiliate, or agency relationship exists between you and ZaZa as a result of this TOU or your utilization of the Site. This TOU represents the entire agreement between you and ZaZa with respect to use of the Site and supersedes all prior or contemporaneous communications and proposals, whether electronic, oral, or written between you and ZaZa, with respect to the Site. You may not assign or transfer any rights under this TOU without the prior written consent of ZaZa.
23. CONTACT INFORMATION. If you have questions regarding the Site, please contact hello@zaza-snacks.com.
