Copyright & Conditions of Use

Definitions

Zinc Panic and the Zinc Panic Collective ("ZIPA") is the interactive on-line service operated by non-compensated contributors on the World Wide Web of the Internet, consisting of information services and content provided by ZIPA, affiliates of ZIPA and other third parties. "User" means each person who establishes or accesses a connection ("Account") for access to and use of ZIPA.

Terms and Conditions

ZIPA maintains this site (the "Site") for your information, education, communication and personal enjoyment. Access to and use of this Site are subject to the terms and conditions set forth below.

Permission To Use

ZIPA's server or servers ("Server") contains copyrighted material, trademarks and other proprietary information, including, but not limited to, text, software, photos, video, graphics, music and sound, and the entire contents of ZIPA are copyrighted as a collective work under the United States and foreign copyright laws. ZIPA owns a copyright in the selection, coordination, arrangement and enhancement of such content, as well as in the content original to it. The User may not modify, publish, transmit, participate in the transfer or sale, create derivative works, or in any way exploit, any of the content, in whole or in part. The User may download copyrighted material for the User's personal use only. Except as otherwise expressly permitted under copyright law, no copying, redistribution, retransmission, publication or commercial exploitation of downloaded material will be permitted without the express permission of ZIPA and the copyright owner. In the event of any permitted copying, redistribution or publication of copyrighted material, no changes in or deletion of author attribution, trademark legend or copyright notice shall be made. Subscriber acknowledges that it does not acquire any ownership rights by downloading copyrighted material. Use for any unauthorized purpose is expressly prohibited by law, and may result in severe civil and criminal penalties. Violators will be prosecuted to the maximum extent possible.

Documents specified above do not include the design or layout of this web site. Elements of this web site are protected by trade dress and other laws and may not be copied or imitated in whole or in part. No logo, graphic, sound or image related to the design of the Site may be copied or retransmitted unless expressly permitted by ZIPA.

Conduct

The User shall use ZIPA for lawful purposes only. The User shall not post or transmit through ZIPA any material which violates or infringes in any way upon the rights of others, which is unlawful, threatening, abusive, defamatory, invasive of privacy or publicity rights, vulgar, obscene, profane or otherwise objectionable, which encourages conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any law, or which, without ZIPA's express prior approval, contains advertising or any solicitation with respect to products or services. Any conduct by a User that in ZIPA's discretion restricts or inhibits any other User from using or enjoying ZIPA will not be permitted. The User shall not use ZIPA to advertise or perform any commercial solicitation, including, but not limited to, the solicitation of users to become subscribers of other on-line information services competitive with ZIPA.

Disclaimer

While ZIPA uses reasonable efforts to include accurate and up-to-date information on this web site, ZIPA makes no warranties or representations as to its accuracy. ZIPA assumes no liability or responsibility for any typographical or other errors or omissions in the content on this site.

ZIPA shall have the right at any time to change or discontinue any aspect or feature of this Site, including, but not limited to, content, hours of availability, and equipment needed for access or use.

Limitation of Liability

ZIPA AND/OR ITS RESPECTIVE CONTENT SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY OF THE INFORMATION CONTAINED IN THE CONTENT PUBLISHED ON THIS SERVER FOR ANY PURPOSE. ALL SUCH CONTENT ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND AND ARE SUBJECT TO CHANGE WITHOUT NOTICE. THE ENTIRE RISK ARISING OUT OF THEIR USE REMAINS WITH THE RECIPIENT. IN NO EVENT SHALL ZIPA AND/OR ITS RESPECTIVE CONTENT SUPPLIERS BE LIABLE FOR ANY DIRECT, CONSEQUENTIAL, INCIDENTAL, SPECIAL, PUNITIVE OR OTHER DAMAGES WHATSOEVER (INCLUDING WITHOUT LIMITATION, DAMAGES FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, OR LOSS OF BUSINESS INFORMATION), EVEN IF ZIPA HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE USER SPECIFICALLY ACKNOWLEDGES THAT ZIPA IS NOT LIABLE FOR THE DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER SUBSCRIBERS OR THIRD-PARTIES AND THAT THE RISK OF INJURY FROM THE FOREGOING RESTS ENTIRELY WITH SUBSCRIBER.

Monitoring

ZIPA shall have the right, but not the obligation, to monitor the content of ZIPA, including chat rooms and forums, to determine compliance with this agreement and any operating rules established by ZIPA and to satisfy any law, regulation or authorized government request. ZIPA shall have the right in its sole discretion to edit, refuse to post or remove any material submitted to or posted on ZIPA. Without limiting the foregoing, ZIPA shall have the right to remove any material that ZIPA, in its sole discretion, finds to be in violation of the provisions hereof or otherwise objectionable.

Intellectual Property

Any materials, communications or information ("Information") sent to this Site outside of a specific established business relationship, or to ZIPA via unsolicited means will be deemed NOT CONFIDENTIAL and NONPROPRIETARY and will become the property of ZIPA. ZIPA may use such Information for any purpose whatsoever, including but not limited to use of any ideas, concepts, know-how or techniques contained in the Information. ZIPA may reproduce, display, transmit, perform, publish and broadcast the Information at any time and in any media.

Any Information downloaded, displayed, retrieved, or transferred by any means from the non-public portions of this Site (the portions that require access via a specially permitted account with this Site) are considered the proprietary, private, and confidential property of ZIPA, and shall not be used for any purpose other than the personal enjoyment of the user, nor shall any such Information be transferred to another party without the written permission of ZIPA.

Copyrights and Copyright Agent

ZIPA respects the rights of all copyright holders and in this regard, ZIPA has adopted and implemented a policy that provides for the termination in appropriate circumstances of Users and Account holders who infringe the rights of copyright holders. If you believe that your work has been copied in a way that constitutes copyright infringement, please provide ZIPA's Copyright Agent the following information required by the Online Copyright Infringement Liability Limitation Act of the Digital Millennium Copyright Act, 17 U.S.C. ¤ 512:

1. A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;

2. Identification of the copyright work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;

3. Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material;

4. Information reasonably sufficient to permit us to contact the complaining party;

5. A statement that the complaining party has 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; and

6. A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

Fair Use Notices

The Site contains copyrighted material the use of which has not always been specifically authorized by the copyright owner. This material is being made available to advance understanding of toy culture, and other academic, educational, and journalistic issues, which constitutes a "fair use" of any such copyrighted material as provided for in section 107 of the US Copyright Law. In accordance with Title 17 U.S.C. Section 107, the content on this Site is distributed without profit to Users. If you wish to use copyrighted material from this site for purposes of your own that go beyond "fair use," you must obtain permission from the copyright owner.

Trademarks

The trademarks, service marks, trade names, logos and other indications of origin displayed in this Site ("Trademarks") are owned by ZIPA or a third party who has granted ZIPA a right to use them in this Site, or are being used in compliance of the Fair Use Act and/or the Digital Millennium Copyright Act. Nothing contained herein should be construed as granting the User of this Site the right to use any Trademark displayed in this site without the written permission of the owner of the Trademark.

Zinc Panic and the names of Zinc Panic character mascots referenced herein are either trademarks and/or service marks or registered trademarks and/or service marks of ZIPA.

Other product, property and company names mentioned herein may be trademarks and/or service marks of their respective owners.

Third Party Content

ZIPA is a distributor (and not a publisher) of content supplied by third parties and Users. Accordingly, ZIPA has no more editorial control over such content than does a public library, bookstore, or newsstand. Any opinions, advice, statements, services, offers, or other information or content expressed or made available by third parties, including information providers, Users or any other user of ZIPA, are those of the respective author(s) or distributor(s) and not of ZIPA. Neither ZIPA nor any third-party provider of information guarantees the accuracy, completeness, or usefulness of any content, nor its merchantability or fitness for any particular purpose.

In many instances, the content available through ZIPA represents the opinions and judgments of the respective information provider, the User, or other user not under contract with ZIPA. ZIPA neither endorses nor is responsible for the accuracy or reliability of any opinion, advice or statement made on ZIPA by anyone other than authorized ZIPA spokespersons while acting in their spokesperson capacities. Under no circumstances will ZIPA be liable for any loss or damage caused by a User's reliance on information obtained through ZIPA. It is the responsibility of the User to evaluate the accuracy, completeness or usefulness of any information, opinion, advice or other content available through ZIPA. Please seek the advice of professionals, as appropriate, regarding the evaluation of any specific information, opinion, advice or other content.

Links to Third-Party Sites

ZIPA makes no representations whatsoever about any other web site which you may access through this one. When you access a non-ZIPA web site, even one that may contain the ZIPA logo, please understand that it is independent from ZIPA, and that ZIPA has no control over the content on that web site. In addition, a link to a non-ZIPA web site does not mean that ZIPA endorses or accepts any responsibility for the content, or the use, of such web site. It is up to you to take precautions to ensure that whatever you select for your use is free of such items as viruses, worms, trojan horses and other items of a destructive nature.

LINKED SITES ARE NOT UNDER THE CONTROL OF ZIPA AND ZIPA IS NOT RESPONSIBLE FOR THE CONTENTS OF ANY LINKED SITE OR ANY LINK CONTAINED IN A LINKED SITE. ZIPA PROVIDES LINKS TO YOU ONLY AS A CONVENIENCE, AND THE INCLUSION OF ANY LINK DOES NOT IMPLY ENDORSEMENT BY ZIPA OF THE SITE.

Indemnification

The User agrees to defend, indemnify and hold harmless ZIPA, its affiliates and their respective contributors and agents from and against all claims and expenses, including attorneys' fees, arising out of the use of ZIPA by the User or the User's Account.

International Operation and External Representation

Information ZIPA publishes on the World Wide Web may contain references or cross references to products, programs and services that are not announced or available in your area, or may not be available to certain individuals at all. ZIPA does not sell, barter, broker, furnish, or any way supply the products, programs and services routinely referenced on this Site. ZIPA is not a representative or agent for any other entities or organizations referenced on this Site. The users' relationship and transactions with entities external to ZIPA are solely their own.

Ongoing Modification

ZIPA may, from time to time, revise and modify the Site Terms and Conditions. You agree that your continued access and use of this Site shall bind you to any new terms or conditions.

Contact Us

If you have any questions or concerns about this Legal Notice, please contact us.

updated 04/08/2004