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ZONE EDIT TERMS & CONDITIONS

This Zone Edit Terms & Conditions ("Agreement") is by and between easyZone Acquisition Corp. ("Zone Edit", or "ZoneEdit"), and you, the person requesting services, your heirs, assigns, agents and contractors ("you") and is effective as of the date of electronic execution ("Effective Date"). This Agreement sets forth the terms and conditions of your use of the Services (as defined below) and Zone Edit’s website. By using the Services, you acknowledge that you have read, understand and agree to be bound by all the terms and conditions of this Agreement, along with any new, different or additional terms, conditions or policies.

On August 6, 2014 ZoneEdit was acquired by easyZone Acquisition Corp. ("easyZone") and the customer data has been (or will be) migrated to a new platform on or about September 27, 2014. For the purposes of this agreement, "Cutover", "the Cutover" or "Migration" or "The Migration" will refer to the point in time after which easyZone takes control of the ZoneEdit customer data and operations.

0. CUTOVER PROCESS

This section applies to all customers who were already on the system prior to the Cutover.

  • All existing services will be preserved and carried over into the new system. There are some functional differences in the way certain features are implemented. These will be described in the Knowledge Base

  • All customers must undergo a one-time account verificationprocess before using the new system in order to:
    • Verify their account contact data.
    • Set a new password.
    • Enter password recovery information
    • Accept these Terms and Conditions

  • All existing pricing will be grandfathered in to the new system for a minimum of 1-year

  • All existing pricing will be grandfathered in to the new system for a minimum of 1-year

  • All outstanding credit balances on the old system will be brought into the new system


1. DESCRIPTION OF SERVICES
  • 1.1 This Agreement applies to Zone Edit services, including, without limitation, DNS, MailForward, WebForward, WebPark, Failover, Backup MX, and other services, which may be offered from time to time by Zone Edit for use with your Zone Edit account (each feature individually and collectively referred to as the "Services"). Zone Edit currently provides certain of the Services for free and others for a fee.

  • 1.2 Zone Edit will offer the Services to you, provided, however, you abide by the terms and conditions set forth herein and in each of Zone Edit's policies and procedures. All such guidelines or rules are hereby incorporated by reference into the Agreement. Your continued use of the Services constitutes your agreement to all such terms, conditions, and notices.

  • 1.3 For-Fee Services. Zone Edit offers several for-fee subscription services including, but not limited to, DNS, MailForward, WebForward, WebPark, Failover, Backup MX, and others which may be purchased using Credits (as defined below) (“For-Fee Services”). For-Fee Services will automatically renew from one subscription period to the next so as long as Fees are paid as set out in Section 2. Zones obtained as For-Fee Services are considered “For-Fee Zones.”

  • 1.4 Free Zones.

    • (a) If you signed up for your account prior to March 16, 2012, and received any number of single-use zones for use at no charge (each a "Free Zone") at the time of sign up, you will continue to have access to your allotted Free Zones subject to all other terms and conditions contained herein.

    • (b) Each Free Zone is available for perpetual use but may be assigned to only one (1) domain name; reassignment of the Free Zone to another domain is not permitted. In order to maintain your use of the Free Zones, you must provide Zone Edit with a current email address and you must confirm you email address when requested by Zone Edit. You may not have more than one account to obtain more than two Free Zones. If you have more than one account, Zone Edit reserves the right to aggregate your usage across all of your accounts for the purposes of determining your access to Free Zones. Zone Edit reserves the right modify or discontinue the offering of Free Zones, temporarily or permanently, with or without notice.

    • (c) After Cutover all Free Zones will continue to be serviced in perpetuity provided that:
      • (i) Customer shall verify and update their account as per the One-Time Process implemented on Cutover (see Cutover Process)
      • (ii) Customer shall continue to maintain their account with current & accurate data and complete regular account verifications (not to exceed a frequency of every 3 months).
      • (iii)Customer agrees that ZoneEdit / easyZone will may send periodic emails outlining service offerings or upgrades.
      • (iv)Canadians understand that by maintaining a free account on ZoneEdit constitutes a "business relationship" with ZoneEdit / easyZone.
      • (v)Usage of system resources (DNS Queries, URL Forwarding, Email Forwarding) will not become excessive as defined by ZoneEdit / easyZone. If usage is deemed excessive customer will be provided opportunity to reduce usage, upgrade their service level or voluntarily leave the system before ZoneEdit / easyZone terminates service.
  • 1.5 Reseller Services. You may opt to act as a reseller of the Services. Resellers must (a) utilize the Zone Edit application programming interface (“API”) for all transactions relating to the Service and (b) must require its customers (“End Users”) to consent to an electronic or paper terms of use agreement containing terms equivalent to, and in no event in contravention to, the terms of this Agreement.

  • 1.6 You are responsible for obtaining access to the Services and that access may involve third party fees (such as Internet service provider or airtime charges). You are responsible for those fees, including any fees associated with the display or delivery of advertisements. In addition, you must provide and are responsible for all equipment necessary to access the Services.

  • 1.7 You also understand and agree that the Services may include certain communications from Zone Edit, such as service announcements and administrative messages, and that these communications are considered part of the Services and you will not be able to opt out of receiving them. Unless explicitly stated otherwise, any new features that augment or enhance the Services, including the release, shall be subject to the Agreement. You understand and agree that the Services are provided "AS-IS" and that Zone Edit assumes no responsibility for the timeliness, deletion, mis-delivery or failure to store any user communications or personalized settings.

2. BILLING
  • 2.1 Fees. As consideration for the Services, you agree to pay Zone Edit all applicable fees associated with all For-Fee Services (“Fees”). Payment of Fees must be made using one or more Credits (as defined below).

  • 2.2 Credits. A credit is a single unit purchased and placed in your account for use in applying to Fees incurred when you order Services (“Credit”). Credits must be purchased using a valid credit card or PayPal, and you acknowledge and agree that Zone Edit is authorized to charge such credit card or PayPal for the purchase of Credits.

    • (a) Any individual Service offered by Zone Edit may require application of one or more Credits at the initial Services order and at the time of each Services renewal.

    • (b) The balance of Credits in your account must meet or exceed the required number of Credits to result in payment of Fees required with an initial Services order or Services renewal. If the balance of Credits in your account does not meet or exceed the required number of Credits for the initial Services order or Services renewal, the Service may not activate and/or may be immediately discontinued.

  • 2.3 Expiration of Credits. Credits will expire after twelve (12) months if no Fees are incurred and paid with Credits during that 12-month period.

  • 2.4 No Refunds. Except as provided herein, all Fees and Credits are non-refundable, in whole and in part, even if the Services are suspended or cancelled prior to the end of your then-current Services term. In no event will you receive any refund if the Services are suspended or cancelled due to your violation of this Agreement.

3. MEMBER CONDUCT
  • 3.0 Prohibited Uses the following types of usage are not permitted to use ZoneEdit services and can be terminated on discovery (these are in addition to "network abuse" grounds for termination):
    • » HYIPs, ponzis
    • » All online pharmacy sites: must be PharmacyChecker or LegitScript approved.
    • » RBLs, Realtime Block Lists, any block list using DNS: No. Get your own infrastructure.
    • » DDoS Mitigation Service Providers: again, build your own DNS infrastructure, mitigate your own attacks. Contact us if you want some help or introductions with that, but don't put your DDoS mitigation customers on our nameservers

  • 3.1 You understand that you, and not Zone Edit, are entirely responsible for all communications and files that you transmit or otherwise make available via the Services. Zone Edit does not control the communications and files received or transmitted resulting from your use of the Services and, as such, does not guarantee the accuracy, integrity or quality of such communications and files. You understand that by using the Services you may be exposed to content that is offensive, indecent or objectionable. Under no circumstances will Zone Edit be liable in any way for any content, including, but not limited to, any errors or omissions in any content, or for any loss or damage of any kind incurred as a result of the use of any content transmitted or otherwise made available via the Services.

  • 3.2 You understand and agree that the following limitations apply to the Services:

    • (a) Free Zones:

      • (i) 1 million queries per month per Free Zone. If you exceed this limitation, an overage charge of 1 Credit per 1 million queries in excess of the first 1 million will be deducted from the Credit balance in your account. If your account does not contain sufficient Credits to cover this overage charge, you will have ninety (90) days from the date the overage first occurred to add the appropriate number of Credits to your account. Failure to pay the overage charges within this 90-day period will result in suspension of your Free Zones and your account.

      • (ii) 100 records per Free Zone.

    • (b) For-Fee Zones:

      • (i) 3 million queries per month per For-Fee Zones. If you exceed this limitation, an overage charge of 1 Credit per 3 million queries in excess of the first 3 million will be deducted from the Credit balance in your account. If your account does not contain sufficient Credits to cover this overage charge, you will have ninety (90) days from the date the overage first occurred to add the appropriate number of Credits to your account. Failure to pay the overage charges within this 90-day period will result in suspension of your For-Fee Zones and your account.

      • (ii) 100 records per For-Fee Services.

    • (c) Backup MX:

      • (i) The maximum length of time that email will be held in the queue for email forwarding is ten (10) calendar days from initial receipt. Email in excess of this limitation will be returned to the sender.

      • (ii) The maximum amount of email that can be held in the queue for email forwarding is 1 GB. Email in excess of this limitation will not be forwarded, may be returned to the sender, and may be permanently deleted.

    • (d) Dynamic IP Updates:

      • (i) You may (a) transmit the same IP address once every 24 hours, or (b) immediately when the IP address actually changes, whichever occurs first. IP address updates in violation of this provision may result in temporary or permanent suspension of your Services.

  • 3.3 You acknowledge and agree to not use the Services to:

    • (a) email, transmit or otherwise make available any content that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable, or promote or facilitate terrorism of any type;

    • (b) harm minors in any way;

    • (c) impersonate any person or entity, including, but not limited to, Zone Edit or a Zone Edit official, forum leader, guide or host, or falsely state or otherwise misrepresent your affiliation with any person or entity;

    • (d) forge headers or otherwise manipulate identifiers in order to disguise the origin of any content transmitted through the Service;

    • (e) email, transmit or otherwise make available any content that you do not have a right to make available under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);

    • (f) email, transmit or otherwise make available any content that infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party;

    • (g) email, transmit or otherwise make available any unsolicited or unauthorized advertising, promotional materials, "junk mail," "SPAM," "chain letters," "pyramid schemes," or any other form of illegal or unauthorized solicitation;

    • (h) email, transmit or otherwise make available any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;

    • (i) interfere with or disrupt the Services or servers or networks connected to the Services, or disobey any requirements, procedures, policies or regulations of networks connected to the Service;

    • (j) relay email from a third party's mail servers without the permission of that third party;

    • (k) use "robots" or otherwise harvest other email addresses from the Zone Edit site for purposes of sending unsolicited or unauthorized material;

    • (l) email, transmit or otherwise make available the same message, URL, or post multiple times in a manner that is unwanted or unauthorized by recipients of such communications;

    • (m) intentionally or unintentionally violate any applicable local, state, national or international law, including, but not limited to, regulations promulgated by the U.S. Securities and Exchange Commission, any rules of any national or other securities exchange, including, without limitation, the New York Stock Exchange, the American Stock Exchange or the NASDAQ, and any regulations thereof;

    • (n) "stalk" or otherwise harass another;

    • (o) collect or store personal data about other users without their permission; or

    • (p) email, transmit or otherwise make available any insecure credit card account data.

  • 3.4 In the normal operation and provision of the Services, Zone Edit does not pre-screen or intend to read, review, monitor, edit, or disclose emails, file attachments, and content associated with the Services, but you acknowledge that Zone Edit and its designees shall have the right (but not the obligation) in their sole discretion to refuse, delete or move any such email, file, or associated content that is available via the Services. You further acknowledge and agree that Zone Edit may preserve emails, file attachments, and all associated content and may also disclose if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to: (a) comply with legal process; (b) enforce the Agreement; (c) respond to claims that any email, file, or associated content violates the rights of a third party; (d) protect the rights, property, or personal safety of Zone Edit, its users and the public; or (e) is otherwise objectionable as determined by Zone Edit or its designees in their sole discretion.

  • 3.5 Zone Edit will discard abusive email, mail bombs, email with attachments, and will block people, networks and entities from connecting to our network that have been deemed abusive or who reside on networks that fail to monitor for abusive behavior, including networks with open proxies, viruses, hackers or any other network deemed abusive at Zone Edit’s sole discretion. Any damages and remedies are subject to the limitation of liability provisions shown above.

  • 3.6 In the event that you are the recipient of a denial-of-service attack (“DoS Attack”) or distributed denial-of-service attack (“DDoS Attack”) that in any way impacts the Services, Zone Edit reserves the right to modify, suspend, or discontinue the Services you receive, temporarily or permanently, with or without notice.

  • 3.7 Violations of this Agreement may result in legal action against you and the termination, without notice, of these Services, including, but not limited to, termination and removal of associated emails and files. Nothing in this Agreement is intended to grant any absolute right beyond the terms of this Agreement to transmit email to or through Zone Edit computer systems. Zone Edit does not waive any rights by the failure to enforce this Agreement in every instance in which a violation or breach of these terms occurs.

4. SPECIAL ADMONITIONS FOR INTERNATIONAL USE

Recognizing the global nature of the Internet, you agree to comply with all local rules regarding online conduct, SPAM, and acceptable content. You agree not to export or re-export the Software or any aspect of the Services, directly or indirectly, to any countries, persons or entities that are subject to USA export restrictions or sanctions. Specifically, you agree to comply with all applicable laws regarding the transmission of technical data exported from the United States or the country in which you reside, including without limitation restrictions on the use of technical data or controlled information for nuclear, chemical or biological weapons proliferation.

5. MODIFICATIONS TO SERVICES AND AGREEMENT
  • 5.1 Zone Edit reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Services (or any part thereof) with or without notice. You agree that Zone Edit shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Services.

  • 5.2 Except as otherwise provided in this Agreement, you agree that, during the term of this Agreement, Zone Edit may: (a) revise the terms and conditions of this Agreement; and/or (b) change part of the Services provided under this Agreement at any time. Any such revision or change will be binding and effective immediately upon posting of the revised Agreement or change to the service(s) on Zone Edit's websites, or upon notification to you by e-mail. You agree to periodically review our websites, including the current version of this Agreement available on our websites, to be aware of any such revisions. If you do not agree with any revision to the Agreement, you may terminate this Agreement at any time by providing us with notice via our support form or by United States mail addressed as follows, Zone Edit, LLC, Attention: Customer Support, PO Box 821067, Vancouver, Washington 98682. Notice of your termination will be effective on receipt and processing by us. If you terminate this Agreement for any reason, any fees already paid for the Services will be nonrefundable, but you will not incur any additional fees after the effective date of termination. By continuing to use the Services after any revision to this Agreement or change in the Services, you agree to abide by and be bound by any such revisions or changes. Zone Edit is not bound by nor should you rely on any representation by (y) any agent, representative or employee of any third party that you may use to apply for our Services; or in (z) information posted on our website of a general informational nature. Moreover, no employee contractor, agent or representative of Zone Edit is authorized to alter or amend the terms and conditions of this Agreement. Only Zone Edit may amend this Agreement through its authorized amendment procedures.

6. TERM AND TERMINATION

  • 6.1 Term. The term of this Agreement will begin on the Effective Date and will continue until terminated pursuant to this Agreement.

  • 6.2 Termination. You may terminate this Agreement by discontinuing use of the Services. You agree that Zone Edit may terminate this Agreement and your access to the Services at any time, with or without cause, with or without notice, effective immediately.

  • 6.3 Effect of Termination. Termination of the Services includes (a) removal of access to all offerings within the Service, (b) removal of your account and all related emails, information, files, and content associated with or inside your account (or any part thereof), and (c) barring further use of the Services without a new agreement in place. Further, you agree that all terminations by Zone Edit shall be made in Zone Edit’s sole discretion and that Zone Edit shall not be liable to you or any third party for any termination of your account, any associated information, files, and content associated with the Services, or access to the Services.

7. INDEMNIFICATION

You agree to indemnify, defend, and hold harmless Zone Edit, and its subsidiaries, affiliates, officers, agents, co-branders or other partners, and employees, from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of your use of the Services, your connection to the Services, your violation of the Agreement, or your violation of the rights of another.

8. DISCLAIMER OF WARRANTIES

THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH ZONE EDIT MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS AND YOU AGREE THAT ZONE EDIT SHALL NOT BE LIABLE TO YOU FOR ANY DAMAGES OR LIABILITY THAT MAY ARISE FROM SUCH INACCURACIES OR ERRORS. YOU EXPRESSLY UNDERSTAND AND AGREE THAT:
  • 8.1 YOUR USE OF THE SERVICES IS AT YOUR SOLE RISK. THE SERVICES ARE PROVIDED ON AN "AS-IS" AND "AS-AVAILABLE" BASIS. ZONE EDIT EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, BOTH EXPRESS AND IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.

  • 8.2 ZONE EDIT MAKES NO WARRANTY THAT (a) THE SERVICES WILL MEET YOUR REQUIREMENTS OR BE SUITABLE FOR YOUR USE, (b) THE SERVICES WILL BE AVAILABLE, UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (c) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICES WILL BE ACCURATE, TRUTHFUL OR RELIABLE, (d) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICES WILL MEET YOUR EXPECTATIONS, OR (e) ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED.

  • 8.3 ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICES IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL. ZONE EDIT DOES NOT GUARANTEE THAT THE SERVICES OR SOFTWARE WILL BE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

  • 8.4 NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM ZONE EDIT OR THROUGH OR FROM THE SERVICES SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE AGREEMENT.

9. LIMITATION OF LIABILITY

YOU EXPRESSLY UNDERSTAND AND AGREE THAT ZONE EDIT, ITS SUBSIDIARIES, AFFILIATES, OFFICERS, AGENTS, CO-BRANDERS OR OTHER PARTNERS, AND EMPLOYEES, SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF REVENUE, PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF ZONE EDIT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (a) THE USE OR THE INABILITY TO USE THE SERVICE; (b) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SERVICE; (c) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (d) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE; OR (e) ANY OTHER MATTER RELATING TO THE SERVICES. IN NO EVENT SHALL THE AGGREGATE LIABILITY OF ZONE EDIT AND ITS THIRD PARTY PROVIDERS EXCEED THE TOTAL AMOUNTS ACTUALLY PAID TO ZONE EDIT FOR THE SERVICES UNDER THIS AGREEMENT IN THE SINGLE MONTH IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO SUCH CLAIM.

10. EXCLUSIONS AND LIMITATIONS

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS OF SECTIONS 10 AND 11 MAY NOT APPLY TO YOU.

11. FORCE MAJEURE

Neither you nor Zone Edit or any of its third-party providers shall be responsible for failure or delay of performance if caused by an act of war, hostility, terrorism, sabotage, act of God, electrical or telecommunications failure, government laws, regulations or enforcement actions, or other event outside the reasonable control of a party. If such event causes a failure or delay of performance for longer than thirty (30) days, either party may cancel this Agreement. No cancellation hereunder shall excuse the payment of any fees owed hereunder to Zone Edit for Services provided to you.

12. MISCELLANEOUS
  • 12.1 Personal Data. Zone Edit incorporates its Privacy Statement by reference, and Zone Edit’s Privacy Statement explains how it collects information concerning identified or identifiable persons (``Personal Data''). Please read the Privacy Statement by CLICKING HERE. In addition, you hereby represent that you have provided Zone Edit’s Privacy Statement to any person whose Personal Data you disclose to Zone Edit and that you have obtained their consent to the foregoing. Zone Edit will not process or disclose Personal Data in a manner inconsistent with the foregoing without providing notice consistent with its Privacy Statement. Your continued use of the Services after such time period constitutes your agreement with any revised policy, your representation that you notified the persons whose Personal Data has been provided to Zone Edit, and that you have received their consent to any revised policy.

  • 12.2 Governing Law. This Agreement, your rights and obligations and all actions contemplated by this Agreement shall be governed by the laws of the State of Washington, as if the Agreement was a contract wholly entered into and wholly performed within the State of Washington. Any action to enforce this Agreement or any matter relating to your use of the Services (including class actions or individual suits, regardless of whether or not a similar action and/or comparable remedy could be pursued in a foreign state) shall be brought exclusively in the Superior Court in Clark County, Washington, or if there is no jurisdiction in such court, then in the United States District Court for the Western District of Washington in Tacoma.

  • 12.3 Notices. All notices given by you shall be in writing and addressed to Zone Edit, LLC, and sent either by mail to 8100 NE Parkway Drive, Suite 300, Vancouver, WA 98662 or by fax to +1.360.253.4234. All notices to you shall be sent via email to the email address provided by you in your account.

  • 12.4 Relationship. Nothing contained in this Agreement shall be construed as creating any agency, partnership, or other form of joint enterprise between the parties.

  • 12.5 Waiver. The failure by Zone Edit to require performance of any provision hereof shall not affect the full right to require such performance at any time thereafter; nor shall the waiver by Zone Edit of a breach of any provision hereof be taken or held to be a waiver of the provision itself.

  • 12.6 Severability. In the event that any provision of this Agreement shall be unenforceable or invalid under any applicable law or be so held by applicable court decision, such unenforceability or invalidity shall not render this Agreement unenforceable or invalid as a whole. Zone Edit will amend or replace such provision with one that is valid and enforceable and which achieves, to the extent possible, the original objectives and intent of Zone Edit as reflected in the original provision.

  • 12.7 Assignment. This Agreement may be assigned by Zone Edit without your consent. You may not assign this Agreement without the prior consent of Zone Edit.

  • 12.8 Intellectual Property.

  • (a) Zone Edit Intellectual Property. You understand and agree that all content and materials contained in this Agreement, other policies, the Zone Edit website, and any affiliated websites, are protected by the various copyright, patent, trademark, service mark and trade secret laws of the United States, as well as any other applicable proprietary rights and laws, and that Zone Edit or its licensor expressly reserves its rights in and to all such content and materials. You further understand and agree that you are prohibited from using, in any manner whatsoever, any of the content or materials described above without the express written permission of Zone Edit or its licensor. No license, distribution rights, or right under any copyright, patent, trademark, service mark or other proprietary right or license is granted to you or conferred upon you by this Agreement or otherwise. If any license is granted, it is strictly for the purpose of this agreement and may not be sold or used in any other manner without the express written consent from Zone Edit you agree that Zone Edit, or its licensor holds all rights, title and interest in all intellectual property, including other rights related to intangible property, unless otherwise indicated ("Intellectual Property Rights"). You acknowledge that no title or interest in such Intellectual Property Rights is being transferred to you and you agree to make no claim of interest in any such services.

  • (b) Your Intellectual Property. Zone Edit may identify you as its customer on Zone Edit’s website and in its advertising, marketing, and promotional materials, including using your name, trademark, service mark, or corporate logo. Zone Edit’s use of your trademark, service mark, or corporate logo will be made in compliance with any publicly posted usage guidelines posted by you.

  • 12.9 Entire Agreement. This Agreement constitutes the complete and exclusive agreement between you and Zone Edit, and supersedes and govern all prior proposals, agreements, or other communications.

Updated: September 24, 2014