Please read this Agreement carefully before accessing or using our Services. By accessing or using any part of our Services, you agree to become bound by the Terms of this Agreement. If you do not agree to all the Terms of this Agreement, then you may not access or use any of our Services. If these Terms are considered an offer by zenly, acceptance is expressly limited to these Terms.
Our Services are not directed to children younger than 13, and access and use of our Services is only offered to users 13 years of age or older. If you are under 13 years old, please do not register to use our Services. Any person who registers as a user or provides their personal information to our Services represents that they are 13 years of age or older.
Use of some of our Services requires an account. You agree to provide us with complete and accurate information when you register for an account. You will be solely responsible and liable for any activity that occurs under your registered email address. You are responsible for keeping your password secure.
- Your zenly.org Account. If you create an account on zenly.org, you are responsible for maintaining the security of your account, and you are fully responsible for all activities that occur under the account. You must immediately notify zenly of any unauthorized uses of your your account or any other breaches of security. zenly will not be liable for any acts or omissions by you, including any damages of any kind incurred as a result of such acts or omissions.
- Responsibility of Contributors. If you comment on a post, post material to zenly.org, post links on zenly.org, or otherwise make (or allow any third party to make) material available (any such material, “Content”), you are entirely responsible for the content of, and any harm resulting from, that Content or your conduct. That is the case regardless of what form the Content takes, which includes, but is not limited to text, photo, video, audio, or code. By using zenly.org, you represent and warrant that your Content and conduct do not violate these Terms. Without limiting any of those representations or warranties, zenly has the right (though not the obligation) to, in zenly’s sole discretion, (i) reclaim your username due to prolonged inactivity, (ii) refuse or remove any content that, in zenly’s reasonable opinion, violates any zenly policy or is in any way harmful or objectionable, or (iii) terminate or deny access to and use of zenly.org to any individual or entity for any reason. zenly will have no obligation to provide a refund of any amounts previously paid.
- Payment and Renewal.
- General Terms. Optional paid services such as for premium content are available (any such services, an “Upgrade”). By selecting an Upgrade you agree to pay zenly the fees indicated for that service. Payments will be charged on a pre-pay basis on the day you sign up for an Upgrade and will cover the use of that service for a monthly, annual, or lifetime subscription period as indicated.
- Automatic Renewal. For our one-time-payment courses, there is no automatic renewal. For subscription products, unless you notify zenly before the end of the applicable subscription period that you want to cancel an Upgrade, your Upgrade subscription will automatically renew, and you authorize us to collect the then-applicable annual or monthly subscription fee for such Upgrade (as well as any taxes) using any credit card or other payment mechanism we have on record for you. Upgrades can be canceled at any time by emailing us at support [at] zenly.org.
- Refunds. We offer a money back guarantee on applicable products. For more information, please visit our refund policy.
2. Content Posted on Other Websites.
We have not reviewed, and cannot review, all of the material, including computer software, made available through the websites and webpages to which zenly.org links, and that link to zenly.org. zenly does not have any control over those websites, and is not responsible for their contents or their use. By linking to an external website, 10ZXen does not represent or imply that it endorses such website. You are responsible for taking precautions as necessary to protect yourself and your computer systems from viruses, worms, Trojan horses, and other harmful or destructive content. zenly disclaims any responsibility for any harm resulting from your use of non-zenly.org websites and webpages.
3. Copyright Infringement and DMCA Policy.
As zenly asks others to respect its intellectual property rights, it respects the intellectual property rights of others. If you believe that material located on or linked to by zenly.org violates your copyright, you are encouraged to notify zenly at support [at] zenly.org.
4. Intellectual Property.
This Agreement does not transfer from zenly to you any zenly or third party intellectual property, and all right, title, and interest in and to such property will remain (as between the parties) solely with zenly. Trademarks, service marks, graphics and logos used in connection with our Services may be the trademarks of third parties. Your use of our Services grants you no right or license to reproduce or otherwise use any zenly or third-party trademarks.
zenly reserves the right, at its sole discretion, to modify or replace any part of this Agreement. It is your responsibility to check this Agreement periodically for changes. Your continued use of or access to the Website following the posting of any changes to this Agreement constitutes acceptance of those changes. zenly may also, in the future, offer new services and/or features through the Website (including, the release of new tools and resources). Such new features and/or services shall be subject to the terms and conditions of this Agreement.
zenly may terminate your access to all or any part of our Services at any time, with or without cause, with or without notice, effective immediately. If you wish to terminate this Agreement or your zenly.org account (if you have one), you may simply discontinue using our Services. All provisions of this Agreement which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.
7. Disclaimer of Warranties.
Our Services are provided “as is.” zenly and its suppliers and licensors hereby disclaim all warranties of any kind, express or implied, including, without limitation, the warranties of merchantability, fitness for a particular purpose and non-infringement. Neither zenly nor its suppliers and licensors, makes any warranty that our Services will be error free or that access thereto will be continuous or uninterrupted. You understand that you download from, or otherwise obtain content or services through, our Services at your own discretion and risk.
8. Limitation of Liability.
In no event will zenly, or its suppliers or licensors, be liable with respect to any subject matter of this Agreement under any contract, negligence, strict liability or other legal or equitable theory for: (i) any special, incidental or consequential damages; (ii) the cost of procurement for substitute products or services; (iii) for interruption of use or loss or corruption of data; or (iv) for any amounts that exceed the fees paid by you to zenly under this Agreement during the twelve (12) month period prior to the cause of action. zenly shall have no liability for any failure or delay due to matters beyond their reasonable control. The foregoing shall not apply to the extent prohibited by applicable law.
9. General Representation and Warranty.
You agree to indemnify and hold harmless zenly, its contractors, and its licensors, and their respective directors, officers, employees, and agents from and against any and all claims and expenses, including attorneys’ fees, arising out of your use of our Services, including but not limited to your violation of this Agreement.
This Agreement constitutes the entire agreement between zenly and you concerning the subject matter hereof, and they may only be modified by a written amendment signed by an authorized executive of zenly, or by the posting by zenly of a revised version.
If any part of this Agreement is held invalid or unenforceable, that part will be construed to reflect the parties’ original intent, and the remaining portions will remain in full force and effect. A waiver by either party of any term or condition of this Agreement or any breach thereof, in any one instance, will not waive such term or condition or any subsequent breach thereof.
You may assign your rights under this Agreement to any party that consents to, and agrees to be bound by, its terms and conditions; zenly may assign its rights under this Agreement without condition. This Agreement will be binding upon and will inure to the benefit of the parties, their successors and permitted assigns.