Terms & Conditions
1. COMPLIANCE WITH TERMS.
Zenxel allows you to create, design, order, store, organize and distribute marketing and advertising materials using content from our website or your own content for personal or business needs. Users submit a project description and Zenxel assigns professional designers to create the design. Zenxel develops the design and timely presents the ondemand project (“Project”) to the user within the pre-selected time frame. Projects include, but are not limited to: product photography and image processing, image editing, vector tracing, banner advertisements, postcards, flyers, coupons, brochures, logos and social media kits.
3. OWNERSHIP AND USE OF CONTENT.
- (a) Website Content. This Site, the content of this Site, and the features and functionality of the Site (“Content”) are and shall remain the sole and exclusive property of Zenxel. The Content of the Site is also protected under the United States copyright laws as a collective work. The Site and Content are intended for use by visitors to our site and to our customers.
- (b) Service Content. The Service includes certain software, graphics, scripts, source code, designs, digital images, texts or other information which are subject to Site’s intellectual property rights, including, but not limited to, copyrights, trademarks, trade secrets or other proprietary rights, whether in current technology forms or as developed in the future.
4. USE OF CONTENT.
Subject to your compliance with these Terms, Zenxel grants you the limited, non-exclusive, revocable, non-assignable, personal and non-transferable right to access and use the Site and Service. You may not use the Site or the Content for any purpose unrelated to doing business with Zenxel. Unauthorized use of the Site or the Content may violate copyright, trademark, other intellectual property laws, the laws of privacy and publicity, and applicable communications regulations and statutes. All rights in the Content not expressly granted to you in the Terms are reserved and retained by Zenxel. Zenxel retains full ownership of all of the Content.
Zenxel retains full ownership of all Content and Projects. Zenxel does not replicate, reuse, or resell Projects created for a particular user without the explicit permission from the user. Zenxel may utilize design components from any Project in future Projects. You will obtain limited ownership for your Project created by Zenxel, and you may exclusively use the Project for personal or business purposes. Zenxel retains the right to administer and collect commission payments or similar remuneration on its behalf for your subsequent sale and distribution of a Project.
Except as may be expressly permitted by these Terms or expressly authorized herein, or in writing by Zenxel, you may not reproduce, redistribute, lend, lease, rent, display, transmit, modify, prepare derivative works from, disassemble, reverse engineer, or exploit the Site, the Content or the Service in any way. Use of Zenxel other than as permitted by these Terms is strictly prohibited and may constitute an infringement of Zenxel’s intellectual property rights. Such infringement may subject you to civil and criminal penalties.
5. CUSTOMER CONTENT.
Zenxel shall have no responsibility or liability for the materials which you create, upload, store, organize and distribute using the Site.
6. CUSTOMER MATERIALS.
If you transmit, upload, or distribute any content, data, graphics, software code, digital images, files, data, photographs, video graphics, videos, links, or any other items (“Materials”) using the Service or the Site, you represent and warrant to Zenxel that:
- (a) You own or have the valid legal right to use such Materials, including any likenesses included in the Materials, and such Materials will not cause harm to any third party.
- (b) You will not utilize Materials when creating a Project or using the Site or the Service which could lead to a claim for copyright infringement or any other claim of intellectual property infringement against Zenxel.
- (c) If you upload any Materials when using the Service, you grant Zenxel the right to store, download, print, and host such Materials for the purpose of providing the Service.
- (d) You grant Zenxel a nonexclusive, royalty-free, perpetual, irrevocable and fully sublicensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform and display such Materials throughout the world in any media.
7. MONITORING OF CUSTOMER MATERIALS.
Zenxel has the right to fully cooperate with any law enforcement authorities or court order requesting or directing us to disclose the identity or other information of anyone posting any Materials on or through the Website. YOU WAIVE AND HOLD HARMLESS ZENXEL, ITS MEMBERS, OFFICERS, DIRECTORS, EMPLOYEES, CONTRACTORS OR AGENTS FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY ANY OF THE FOREGOING PARTIES DURING OR AS A RESULT OF ITS INVESTIGATIONS AND FROM ANY ACTIONS TAKEN AS A CONSEQUENCE OF INVESTIGATIONS BY EITHER SUCH PARTIES OR LAW ENFORCEMENT AUTHORITIES.
9. YOUR ACCOUNT; PURCHASES AND PAYMENTS.
- (a) Creation of Account. To create, design, and purchase Projects from Zenxel, you will be required to subscribe to our Service, establish an account (“Account”) and create a password. You will need to provide information about yourself and the entity your represent (if applicable), such as your name, address, phone number, a valid email address, and billing information. When registering for or using your Account, you agree to provide accurate and complete information, and to update such information from time to time.
- (b) Consent. You consent to Zenxel storing and using your information to bill your Account for Projects purchased. By using this Service, you represent and warrant that you have the right, authority, and capacity to enter into these Terms and to abide by all the terms and conditions.
- (c) Confidentiality. You are solely responsible for maintaining the confidentiality and security of your Account and for all activities that occur on or through your Account. You agree to immediately notify Zenxel of any breach of the security of your Account. Zenxel shall not be responsible for any liabilities, losses, or damages arising out of the unauthorized use of your Account. You agree not to transfer your email address or password, or lend or otherwise transfer your use of or access to the Service, to anyone else. You are also solely responsible for any and all activities that occur under your Account. You should exercise caution when accessing your Account from a public or shared electronic device so that others may not view or record your personal information. Zenxel reserves the right to disable any Account at any time in our sole discretion and for any reason, including for any violation of these Terms.
- (d) Access. To utilize the Service you need an appropriate Internet access plan and mobile data plan from your Internet service provider and mobile provider, at your own expense.
- (e) Billing. You agree to pay for any Projects that you purchase from Zenxel and that Zenxel may charge your credit card or other form of payment for the fees associated with such purchased Services. Zenxel may add, modify, or remove payment processing methods in its sole discretion. You agree to abide by the terms and conditions of any third party that may provide a particular payment processing method used by you. Except as may be expressly set forth in these Terms, all sales of Projects are final.
10. USE OF THE SITE.
You may not modify or use the Content except to access or use the Service or for viewing information about our Company and our Service
11. ACCEPTABLE USE POLICY.
- (a) We restrict the use of the Service to individuals age 13 or older. If you are 13 or older but under the age of 18 (or the age of majority in your state), you must have the permission of your parent or guardian to purchase Projects using the Service. By using the Service, you represent and warrant that you are over the age of 18 (or the age of majority in your state) or have the permission of your parent or guardian to use the Service and will abide by these Terms.
- (b) If you are using the Service on behalf of any entity, you represent and warrant that you are authorized to accept these Terms on such entity’s behalf, and that such entity agrees to indemnify Zenxel for violations of these Terms.
- (c) Modification of the Content or use of the Content for any purpose other than for your use of the Service, including use of any such Content on any other website or networked computer environment, is strictly prohibited.
12. ACCEPTABLE USE POLICY.
The following activities are prohibited when you access or use the Site or the Service:
- (a) Use of the Service to upload, transmit, or deliver anything that is: (i) illegal; (ii) invades the privacy of another; (iii) libelous or defamatory; (iv) fraudulent; (v) protected by copyright, trademark, trade secret, right of publicity or other proprietary right (“Intellectual Property Rights”) without the express prior consent of the owner of such Intellectual Property Rights; or (vi) Materials that you are prevented from sharing as a result of its confidential or proprietary nature, such as materials disclosed as part of your employment.
- (b) Use of the Service to introduce any virus, Trojan horse, worm, or other malware, including, but not limited to, spyware, time bombs, or other harmful or invasive computer code that may damage or hijack the operation of, or monitor the use of, any hardware, software or equipment of Zenxel.
- (c) Use of the Service to defame, abuse, harass, stalk, threaten, intimidate, or otherwise violate the legal rights of others.
- (d) Use of the Service to violate a person’s privacy rights or rights of publicity, or to harvest or collect personally identifiable information, including email addresses, about users of the Service or the Site.
- (e) Use of the Service that harms minors in any way.
- (f) Use of the Service that interferes with or disrupts the operation of the Service or the servers or networks used to make the Service available; or violates any requirements, procedures, policies or regulations of such networks.
- (g) Use the Service to upload, distribute, transmit, deliver, or otherwise publish or post any material that is pornographic, vulgar, obscene, indecent, or sexually explicit; or that contains hate speech, is racist, promotes or encourages violence, is illegal or promotes illegal behavior, violates anyone’s intellectual property rights, or is otherwise offensive or inappropriate as determined in Zenxel’s sole discretion.
- (h) Attempts to gain unauthorized access to the Service, other accounts, computer systems or networks connected to the Service.
- (i) Removal of any notice of Intellectual Property Rights from the Service, the Site or the Content.
- (j) Framing or mirroring any part of the Service or the Content without our express prior written consent.
- (k) Using any robot, spider, site search/retrieval application or other manual or automatic device to retrieve, index, “scrape,” “data mine” or in any way gather Content from the Service or the Site or reproduce or circumvent the navigational structure or presentation of the Service or the Site.
- (l) Alter, damage, or delete any Zenxel Content.
- (m) Engaging in any other conduct which, in Zenxel’s sole discretion, is considered inappropriate, unauthorized, objectionable, or is for any purpose other than its intended purpose.
In order to permit us to protect the quality of our Service, you hereby consent to our employees, contractors, and representatives accessing your Account for any reason, in our sole discretion. We also reserve the right, but do not assume the responsibility, to monitor or review your conduct while using the Service or the Site.
13. VIOLATION OF TERMS AND TERMINATION OF SERVICE.
In the event you violate any of these Terms, Zenxel may terminate your access to the Site or the Service without notice and without refund as follows:
- (a) We may terminate your Account, your password or the Service and remove or delete any Materials you store within the Service, for any reason, at any time, without notice to you.
- (b) We may terminate your Account if you violate any law and we will cooperate with law enforcement agencies on such matters.
- (c) We may, in our sole discretion and at any time, discontinue providing the Service or the Site, or any part thereof, with or without notice. You agree that we shall not be liable to you or any third party for any termination of your access to the Service or the Site.
- (d) We reserve the right, at any time and from time to time, temporarily or permanently, in whole or in part, to: (i) modify or discontinue the Service, including, but not limited to: (1) restricting the time the Service is available, (2) restricting the amount of use of the Service permitted, and (3) restricting or terminating any user’s right to use the Service, with or without notice; (ii) charge fees in connection with the use of the Service; (iii) modify and/or waive any fees charged in connection with the Service; and/or (iv) offer opportunities to some or all users of the Service. Zenxel shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Service, in whole or in part, or of any service, content or feature offered through the Service.
14. DISCLAIMER OF WARRANTIES.
YOU AGREE THAT THE ZENXEL SERVICE, THE SITE, AND THE CONTENT ARE PROVIDED ON AN “ASIS” BASIS. ZENXEL EXPRESSLY DISCLAIMS ALL EXPRESS OR IMPLIED WARRANTIES WITH REGARD TO THE SERVICE, THE SITE, OR THE CONTENT, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, TITLE, NON-INFRINGEMENT, OR FITNESS FOR A PARTICULAR PURPOSE TO THE FULLEST EXTENT PERMISSIBLE BY LAW. ZENXEL MAKES NO WARRANTY THAT THE ZENXEL SERVICE OR THE SITE WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT DEFECTS IN THE SERVICE WILL BE CORRECTED. ZENXEL MAKES NO WARRANTIES REGARDING THE ACCURACY, COMPLETENESS, SECURITY, RELIABILITY, QUALITY, TIMELINESS, OR AVAILABILITY OF THE ZENXEL SERVICE AND SITE OR ANY ERROR OR OMISSIONS IN THE ZENXEL SERVICE. THE ABOVE EXCLUSION MAY NOT APPLY TO YOU IN THE EVENT YOUR JURISDICTION DOES NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, AND YOU MAY HAVE ADDITIONAL RIGHTS BY OPERATION OF LAW.
15. LIMITATION OF LIABILITY.
UNDER NO CIRCUMSTANCES SHALL ZENXEL, ITS DIRECTORS, OFFICERS, EMPLOYEES, MEMBERS, AFFILIATES, AGENTS, CONTRACTORS, OR LICENSORS, BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY CONSEQUENTIAL, INCIDENTAL, INDIRECT, PUNITIVE, OR CONTINGENT DAMAGES WHATSOEVER, WHETHER ARISING OUT OF BREACH OF CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE AND STRICT LIABILITY) OR OTHER THEORIES OF LAW, WITH RESPECT TO THE SERVICE, THE CONTENT, OR THE SITE. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, ZENXEL SHALL HAVE NO LIABILITY FOR PROPERTY OR PERSONAL INJURY DAMAGES, PENALTIES, SPECIAL OR PUNITIVE DAMAGES, DAMAGE FOR LOST PROFITS OR REVENUES, LOSS OF USE, COST OF CAPITAL, COST OF SUBSTITUTE GOODS OR SERVICES, OR FOR ANY OTHER TYPES OF ECONOMIC LOSS, OR FOR CLAIMS BY ANY THIRD PARTY FOR ANY SUCH DAMAGES.
ZENXEL DOES NOT REPRESENT, WARRANT, OR GUARANTEE THAT THE SERVICE, THE SITE, OR THE CONTENT WILL BE FREE FROM DEFECTS, VIRUSES, HACKING OR ANY OTHER ATTACK, INTRUSION, OR INTERRUPTION. ZENXEL EXPRESSLY DISCLAIMS ANY LIABILITY RELATING TO ANY SUCH ATTACK, INTRUSION, OR INTERRUPTION.
IN NO EVENT SHALL ZENXEL’S TOTAL LIABILITY TO YOU ARISING UNDER OR RELATED TO THESE TERMS OR YOUR USE OR INABILITY TO USE THE SERVICE, THE SITE, OR THE CONTENT EXCEED ONE HUNDRED DOLLARS. ANY CLAIM ARISING UNDER THESE TERMS OR YOUR USE OF THE SERVICE, THE SITE, OR THE CONTENT MUST BE BROUGHT WITHIN ONE YEAR AFTER SUCH CLAIM ARISES.
16. COPYRIGHT INFRINGEMENT POLICY.
In accordance with the Digital Millennium Copyright Act (“DMCA”), copyright holders have the right to seek removal from our Site of any Content which you believe infringes your U.S. copyrights. If you believe that any material on the Site infringes upon any copyright that you own or control, you may file a notification of such infringement with our Designated Agent as set forth below. If you believe in good faith that the Content on our Site infringes your copyright, you may send use a written notice by mail, email or facsimile requesting that we remove such Content or block access to it. If you believe in good faith that someone has wrongly filed a notice of copyright infringement against you, the DMCA permits you to send us a counter-notice. Notices and counter-notices must meet the then-current statutory requirements imposed under the DMCA. Send notices and counter-notices to: Zenxel LLC, 6316 Eastwood Court, Mequon WI 53092.
17. CALIFORNIA CONSUMER RIGHTS.
Under California Civil Code Section 1789.3, California residents may request information regarding the disclosure of your personal information by Zenxel to third parties for the third parties’ direct marketing purposes. To make such a request, please send an email to email@example.com or write us. If you would like to make such a request, please send an email to firstname.lastname@example.org. California residents may reach the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs by mail at 1625 North Market Blvd., Sacramento, CA 95834, or by telephone at (916) 4451254 or (800) 9525210.
You agree to defend, Zenxel its officers, directors, employees, members consultants, agents, successors and assigns (“Indemnified Parties”) from any and all claims, allegations, or actions (“Claims”), and pay any losses, liabilities, damages, judgments, awards, costs, expenses or fees, including, but not limited to, Zenxel’s attorneys’ fees and court costs) (“Losses”) arising out of or related to: (a) your use of the Site, the Service or the Content; (b) the violation of these Terms of Service by you; (c) the infringement by you (or other user of the Service using your account) of any Intellectual Property Rights or other right of any person or entity; (d) your violation of any applicable law or regulation; or (e) your violation or your representations in this Agreement.
- (b) Changes to Terms. Zenxel reserves the right to change these Terms at any time in its sole discretion. All changes are effective immediately upon their posting to this page. Your continued use of the Site or access to the Service constitutes your acceptance of any such changes to these Terms.
- (c) Severability. If any provision of these Terms is held to be invalid, illegal, or unenforceable, the validity, legality, and enforceability of the remaining provisions shall not in any way be affected or impaired.
- (d) No Waiver. Zenxel’s waiver of any provision or rights hereunder on any one occasion shall not operate as a waiver of any provision or right under on any future occasion.
- (e) Notices. Zenxel may provide any notice to you regarding Zenxel or these Terms by regular postal mail or email to the mailing address or email address you provided for your Account, or by posting such notice to Zenxel. Any such notice shall be effective (i) three days after mailing, if by regular postal mail; (ii) upon confirmation of receipt when transmitted by email; or (iii) immediately, if posted to Zenxel.
- (f) Assignment. Zenxel may assign these Terms, in whole or in part, at any time with or without notice to you. You may not assign, transfer, or sublicense these Terms or any or all of your rights or obligations under these Terms. These Terms of Service will inure to the benefit of Zenxel and its successors, assigns, and licensees.
- (g) Choice of Law. These Terms shall be governed by and interpreted in accordance with the laws of the State of Wisconsin, without regard to conflict of laws principles. You agree to submit any dispute arising out of or related to these terms of Service in the state or federal courts located in Milwaukee County, Wisconsin and you irrevocably consent and submit to the personal jurisdiction of such courts for the purposes of resolving any dispute.
- (h) Trademark Rights. Zenxel and the related logos are trademarks of Zenxel. You may not use our name or trademarks in connection with any product or service that is not ours, or in any manner that is likely to cause confusion. Nothing contained on the Service or Site should be construed as granting, any license or right to use our name or trademarks without receiving advance written permission from us.
- (i) Compliance with Laws. We operate the Service and the Site from the United States of America. If you choose to access and use the Service, the Site, or any Content, you do so at your own risk and you are responsible for complying with all applicable laws, rules, and regulations. We may limit the Service’s availability, in whole or in part, to any person, geographic area or jurisdiction we choose, at any time and in our sole discretion.