Copyright Policy

Software. Any software made available to you via download is copyrighted by Zuno and/or our third party vendors. Our Terms of Use govern use of the software, together with any terms accepted by you during the download.

If you need to make a claim of copyright infringement. Zuno will investigate notices of copyright infringement and take appropriate actions under the Digital Millennium Copyright Act, Title 17, United States Code, Section 512(c)(2) ("DMCA"). Pursuant to the DMCA, written notification of claimed copyright infringement must be submitted via U.S. registered mail to our Designated Agent as follows:

To be effective, the notification must include the following:

A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
Identification of the copyrighted 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;
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 the service provider to locate the material;
Information reasonably sufficient to permit the service provider to contact the complaining party, such as an address, telephone number, and if available, an electronic mail address at which the complaining party may be contacted;
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
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.

Counter-Notification to Claimed Copyright Infringement. Pursuant to Sections 512(g)(2) and (3) of the DMCA, if a claim of copyright infringement has been asserted against you, you may elect to make a counter-notification with the Designated Agent identified above. Such counter-notification must contain the following information:

Your physical or electronic signature;
Identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access to it was disabled;
A statement by you under penalty of perjury that you have a good faith belief that the material was removed or disabled as a result of mistake or misidentification; and your name, address, and telephone number, and a statement that you consent to the jurisdiction of the Federal District Court for the federal district in which you are located (or San Francisco County, State of California, if you reside outside of the U.S.), and that you will accept service of process from the person who filed the notice of copyright infringement or an agent of such person.

If Zuno Inc. receives a valid counter-notification, it may reinstate the removed or disabled material in accordance with Section 512(g)(2) of the DMCA.

Liability for Misrepresentation under the DMCA

Please note that, under Section 512(f) of the DMCA, any person who knowingly materially misrepresents that material or activity is infringing, or that material or activity was removed or disabled by mistake or misidentification, will be liable for damages, including costs and attorneys’ fees, incurred by the alleged infringer, by any copyright owner or copyright owner’s authorized licensee, or by a service provider, who is injured by such misrepresentation, as the result of the service provider relying upon such misrepresentation in removing or disabling access to the material or activity claimed to be infringing, or in replacing the removed material or ceasing to disable access to it.

Accordingly, if you are not sure whether certain material or activity infringes your or others’ copyrights, please consult with a copyright attorney first.

Trademark Notice Product or service names, logos, designs, titles, words or phrases used on any Zuno Inc. website is owned by Zuno Inc., its licensors, or other entities. Such trademarks, service marks and trade names may be registered in the United States and internationally.

Government Users. Any use, duplication, or disclosure by the United States Government is subject to the restrictions set forth in DFARS 252.227-7013(c)(1)(ii) and FAR 52.227-19.

Governing Law; Jurisdiction and Venue. California law governs the interpretation and enforcement of these Terms of Use. You irrevocably consent to jurisdiction and venue in a state or federal court located in the City and County of San Francisco, which means those courts will be the exclusive forum for resolving any dispute or claim you may have against Zuno or the Site.

Indemnity Against Third Party Claims. If anyone brings a claim against us related to your actions, content or information on the Site, you will indemnify and hold us harmless from and against all damages, losses, and expenses of any kind (including reasonable legal fees and costs) related to such claim.

DISCLAIMER OF WARRANTIES. ZUNO PROVIDES THE SITE "AS IS" WITHOUT ANY EXPRESS OR IMPliED WARRANTIES INCLUDING, BUT NOT liMITED TO, IMPliED WARRANTIES OF MERCHANTABIliTY, FITNESS FOR A PARTICulAR PURPOSE, AND NON-INFRINGEMENT. WE DO NOT GUARANTEE THAT THE SITE WILL BE ERROR FREE, CONTINUOUSLY AVAILABLE OR SECURE FROM HACKING OR VIRUSES.

LIMITATION OF LIABIliTY. ZUNO IS NOT RESPONSIBLE FOR THE ACTIONS OF THIRD PARTIES, AND YOU RELEASE ZUNO AND ITS SHAREHOLDERS, OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS FROM ANY CLAIMS, KNOWN AND UNKNOWN, ARISING OUT OF OR IN ANY WAY CONNECTED WITH SUCH THIRD PARTIES. IF YOU ARE A CAliFORNIA RESIDENT, YOU WAIVE CAliFORNIA CIVIL CODE §1542, WHICH SAYS: "A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR." WE WILL NOT BE liABLE TO YOU FOR ANY LOSS OF BUSINESS GOODWILL, LOST PROFITS, LOST DATA OR OTHER CONSEQUENTIAL, SPECIAL, INDIRECT, OR INCIDENTAL DAMAGES ARISING OUT OF OR IN CONNECTION WITH THIS TERMS OF USE OR THE SITE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBIliTY OF SUCH DAMAGES. OUR AGGREGATE liABIliTY ARISING OUT OF THIS TERMS OF USE OR THE SITE WILL NOT EXCEED THE GREATER OF ONE HUNDRED DOLLARS ($100) OR THE AMOUNT YOU HAVE PAID US IN THE PAST TWELVE MONTHS. APPliCABLE LAW MAY NOT ALLOW THE liMITATION OR EXCLUSION OF liABIliTY OR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE liMITATION OR EXCLUSION MAY NOT APPLY TO YOU. IN SUCH CASES, THE SITE'S liABIliTY WILL BE liMITED TO THE FulLEST EXTENT PERMITTED BY APPliCABLE LAW.

Users Outside the United States. The following provisions apply to users outside the United States:

You consent to having your personal data transferred to and processed in the United States.
If you are located in a country embargoed by the United States, or are on the U.S. Treasury Department's list of Specially Designated Nationals you will not engage in commercial activities on The Site (such as advertising or payments).

Other

These Terms of Use constitute the entire agreement between Zuno and users and visitors to the Site, and supersede any prior or contemporaneous agreements or understandings regarding the Site.
If any portion of these Terms of Use is found to be unenforceable, it will be deemed modified to the extent necessary to cure the invalidity and the remaining portion will remain in full force and effect.
Failure to enforce any of these Terms of Use will not be considered a waiver.
Any amendment to or waiver of these Terms of Use must be made in writing and signed by Zuno.
Nothing in these Terms of Use shall prevent us from complying with the law or cooperating with a law enforcement investigation.

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