ZIPSCAPE LLC TERMS OF SERVICE

Version 22.11.09 (Posted November 9, 2022)

These Terms of Service (“Terms of Service”) govern your access and use of the website and its content. This website is owned and operated by Zipscape LLC (a Texas incorporated limited liability company) referred to herein as “Zipscape”, “We,” “Us,” and “Our”). If you (“You” or “Your”) continue to browse and use this website, You are agreeing to comply with and be bound by the following terms, which together with Our Privacy Policy govern Our relationship with You in relation to Your access and use of this website. If You disagree with any part of these terms, please do not use Our website.

General Conduct on Zipscape.com
1. ELIGIBILITY

This website is available only to people with enough capacity to bind in terms of applicable law. Consequently, this website and the information and services (if any) contained therein are not available or are not intended for minors. If You do not qualify, please stop using this website and leave it immediately. This website and the materials contained therein are for informational purposes only. By providing the materials, We are not providing any service or legal or professional advice. The information available on this website is based on sources believed to be accurate and reliable. We have made reasonable efforts to ensure the accuracy of this information, however, Zipscape does not in any way guarantee the accuracy of the information available on this website.

2. CONTENT PROVIDED “AS IS”; DISCLAIMER OF WARRANTY

The content of the pages of this website is for Your general information and use only. It is subject to change without notice. All content and information is provided “as is”, without any kind of warranties, either express or implied including, but not limited to, warranties of title or implied warranties of merchantability or fitness for a particular purpose.
Neither We, nor Our affiliates, Our respective employees, agents or third-party content providers or licensors, if any, warrant that the service will be uninterrupted or error-free and do not make any warranty about the results that may be obtained from using this website or the content on this website. While We make reasonable efforts to ensure that the information provided herein is accurate and complete, the aforementioned parties disclaim any liability related to the inaccuracy of any content or any information, service, merchandise provided on or through this website by third parties. By using, viewing, transmitting, storing in any way, or otherwise using this website, its content, services, or the features available on this website, You give Your consent to each and every one of the terms and conditions set forth herein and expressly waive any right to claim ambiguity, error, or lack of consent as related to Your use of this website.
While We make reasonable efforts to ensure that the information provided herein is accurate and complete, neither We, nor any third parties provide any warranty or guarantee as to the accuracy, timeliness, performance, completeness or suitability of the information and materials found or offered on this website for any particular purpose. You acknowledge that such information and materials may contain inaccuracies or errors and We expressly exclude liability for any such inaccuracies or errors to the fullest extent permitted by law.
This website occasionally uses material previously published in other places. We do Our best to secure proper reproduction rights. If, in any case, We have not named a source accurately, please contact Us so We can correct the name of the source.

3. MODIFICATIONS OF THESE TERMS

These Terms of Service are subject to change at Our sole discretion without prior notice. By purchasing products and services through Us, You acknowledge and agree to be bound by any posted revisions to these Terms of Service. If any provision in these Terms and Service is unenforceable, the unenforceability will not affect the validity of any other provision.

4. COPYRIGHT

This website contains material that are owned by or licensed to Us. This material includes, but is not limited to, the design, layout, look, appearance, and graphics. Reproduction is prohibited other than in accordance with the copyright notice, which forms part of these terms and conditions. You may not modify, publish, transmit, participate in the transfer or sale, create derivative works, or in any way exploit any of the content provided on this website. Except as otherwise permitted by copyright laws, You may not copy, redistribute, publish or use downloaded material, without the express written permission of Us. If permission is granted, the proper copyright notice must be attached. You acknowledge that You do not acquire any ownership rights by downloading any content from the site.
All trademarks reproduced in this website, which are not the property of, or licensed to Us, are acknowledged on the website. The website contains materials that are copyrighted, trademarked, or is the proprietary property of other individuals or companies. Only the individual artists have the right to reproduce, distribute, display, or prepare derivative works of their artwork or permit others to do the same with respect thereto. We own a copyright in the selection, coordination, arrangement, and enhancement of such website, including the original content. Unauthorized use of this website may give rise to a claim for damages and/or be a criminal offense.

5. CLAIMS OF COPYRIGHT INFRINGEMENT

We respect the intellectual property rights of others and ask that You do the same. If You believe in good faith that material or content on this website infringes Your copyrighted work, You (or Your agent) may send Us a written notice under the Digital Millennium Copyright Act that includes the following information:

      • A clear identification of the copyrighted work that You claim has been infringed.
      • A clear identification of the material You claim infringes the copyrighted work, and information that will allow Us to locate that material on the website, such as a link to the infringing material.
      • Your contact information so that We can reply to Your complaint, preferably including an email address and telephone number.
      • A statement that You have a “good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law.”
      • A statement that “the information in the notification is accurate, and under penalty of perjury, the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.”
      • The written notice must be signed by the person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

Copyright infringement notifications can be sent to by email or mail as follows: info@zipscape.com
We will not process your notice if it is incomplete. We reserve the right to remove content on the website alleged to be infringing without prior notice, at its sole discretion. You may wish to seek legal counsel prior to submitting a copyright infringement notification. You could be held liable for alleging false claims of copyright infringement.

6. INDEMNIFICATION

YOU AGREE TO DEFEND, INDEMNIFY AND HOLD HARMLESS US, OUR AFFILIATES AND THIRD-PARTY CONTENT PROVIDERS OR LICENSORS AND THEIR RESPECTIVE EMPLOYEES, DIRECTORS, OFFICERS, EMPLOYEES AND AGENTS FROM AND AGAINST ALL CLAIMS, INCLUDING BUT NOT LIMITED TO, THIRD PARTY CLAIMS, DAMAGES, COSTS AND LIABILITIES, INCLUDING REASONABLE ATTORNEY’S FEES ARISING OUT OF OR IN CONNECTION WITH, YOUR VIOLATION OF THESE TERMS OF SERVICE.

7. LIMITATION OF LIABILITY

Our disclaimers of liability apply to damages or injury caused by any performance failure, error, omission, interruption, deletion, defect, delay in operation or transmission, computer virus, communication line failure, theft or destruction or unauthorized access or alteration, whether the damage related to breach of contract, tortious acts, negligence, or any other cause of action. You acknowledge that We are not liable for defamatory, offensive, or illegal conduct of third parties, including Users to this website. We expressly disclaim and are not responsible for any information posted, shared, displayed, or written by users on any part of Our website. The risk of any of the above rests entirely with You. We and any individual or entity involved in creating, producing, or distributing any content or information on this website, are not liable for any direct, indirect, incidental, special, punitive, liquidated, exemplary, moral or consequential damages that result from the use or the inability to use this website or from the breach of any warranty.

8. CLASS ACTION WAIVER

YOU AND ZIPSCAPE AGREE THAT ANY PROCEEDING TO RESOLVE OR LITIGATE ANY DISPUTE, WHETHER IN ARBITRATION, IN COURT, OR OTHERWISE, WILL BE CONDUCTED SOLELY ON AN INDIVIDUAL BASIS, AND THAT NEITHER YOU NOR ZIPSCAPE WILL SEEK TO HAVE ANY DISPUTE HEARD AS A CLASS ACTION, A REPRESENTATIVE ACTION, A COLLECTIVE ACTION, A PRIVATE ATTORNEY-GENERAL ACTION, OR IN ANY PROCEEDING IN WHICH YOU OR ZIPSCAPE ACTS OR PROPOSES TO ACT IN A REPRESENTATIVE CAPACITY. YOU AND ZIPSCAPE FURTHER AGREE THAT NO ARBITRATION OR PROCEEDING WILL BE JOINED, CONSOLIDATED, OR COMBINED WITH ANOTHER ARBITRATION OR PROCEEDING WITHOUT THE PRIOR WRITTEN CONSENT OF YOU, ZIPSCAPE, AND ALL PARTIES TO ANY SUCH ARBITRATION OR PROCEEDING.
IF THE CLASS ACTION WAIVER (WHICH INCLUDES A WAIVER OF PRIVATE ATTORNEY-GENERAL ACTIONS) HEREIN IS FOUND TO BE ILLEGAL OR UNENFORCEABLE AS TO ALL OR SOME PARTS OF A DISPUTE, WHETHER BY JUDICIAL, LEGISLATIVE, OR OTHER ACTION, THEN THIS SECTION WILL NOT APPLY TO THOSE PARTS. INSTEAD, THOSE PARTS OF THE DISPUTE WILL BE SEVERED AND PROCEED IN A COURT OF LAW, WITH THE REMAINING PARTS PROCEEDING IN ARBITRATION.

9. LINKS TO THIRD PARTY SITES; NO ENDORSEMENT OF CONTENT

From time to time, this website may also include links to other websites. These links are provided for Your convenience to provide further information. They do not signify that We endorse the website(s). We have no responsibility for the content of the linked website(s).

10. UNAUTHORIZED USES OF THE SITE

DO NOT USE INFORMATION ON ZIPSCAPE.COM WITHOUT OUR PERMISSION
As a user of this website, you are not allowed to collect, aggregate, copy, scrape, duplicate, or display any part of the site through the use of data mining, robots, spiders, or other data gathering and extraction tools without Our permission.
You also agree not to do any of the following, unless otherwise previously authorized by Us in writing:

      • Copy, reproduce, upload, post, display, republish, distribute, or transmit any part of the content in any form whatsoever
      • Reproduce any portion of the site on your website
      • Modify, translate into any language or computer language, or create derivative works from any part of the site
      • Reverse engineer any part of the site
      • Sell, offer for sale, transfer, or license any portion of this website in any form to any third parties
      • Use the site and its inquiry functionality other than to advertise and/or research timeshare postings, or to make legitimate inquiries
      • Use the site or posting functionality or transmit information that is in any way false, fraudulent, or misleading, including making any inquiry under false pretenses, or taking any action that may be considered phishing or that would give rise to criminal or civil liability
      • Use or access the site in any way that, in Our sole discretion, adversely affects or could adversely affect the performance or function of the site or any other system used by Us or this website
11. CONSENT TO COMMUNICATIONS VIA EMAIL

  • By providing your email address, you agree to receive periodic emails from us regarding our products, services, promotions, and other related content.

  • You can unsubscribe from our email list at any time by clicking the “unsubscribe” link at the bottom of any of our emails.

  • We value your privacy and will not share or sell your email address to any third parties.

  • We reserve the right to modify or discontinue our email list at any time, without notice.

  • We are not responsible for any technical issues that may prevent you from receiving our emails, including but not limited to spam filters or email provider errors.