TERMS OF USE

Last updated: June 1st, 2019.

This service (“Website”) is provided by Red Zebra LLC. The following terms and conditions govern all use of the website and all content, services and products available at or through the website. The Website is owned and operated by Red Zebra LLC. The Website is offered subject to your acceptance without modification of all of the terms and conditions contained herein and all other operating rules, policies (including, without limitation, our Privacy Policy) and procedures that may be published from time to time on this Site (collectively, the Agreement).

Please read this Agreement carefully before accessing or using the Website. By accessing or using any part of the web site, you agree to become bound by the terms and conditions of this agreement. If you do not agree to all the terms and conditions of this agreement, then you may not access the Website or use any services. If these terms and conditions are considered an offer by Red Zebra LLC, acceptance is expressly limited to these terms. The Website is available only to individuals who are at least 13 years old.

Your Account

If you create an account on the Website, you are responsible for maintaining the security of your account and its content, and you are fully responsible for all activities that occur under the account and any other actions taken in connection with the account. You must immediately notify Red Zebra LLC of any unauthorized uses of your account or any other breaches of security. Red Zebra LLC 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.

Submitted Content

In submitting Content, you agree to allow others to view, fork and edit your Content. For submitted Content, you grant Red Zebra LLC the perpetual, worldwide, non-exclusive, no charge, royalty-free, irrevocable copyright license to reproduce, prepare Derivative Works of, publicly display, publicly perform, sublicense, and distribute the Work and such Derivative Works in Source or Object form, with or without modification (“Content License”). You warrant, represent and agree you have the right to grant Red Zebra LLC and the Website the rights set forth above. You represent, warrant and agree that you will not contribute any Content that (a) infringes, violates or otherwise interferes with any copyright or trademark of another party, (b) reveals any trade secret, unless you own the trade secret or have the owner’s permission to post it, (c) infringes any intellectual property right of another or the privacy or publicity rights of another, (d) violates any law or right of any third party, (e) is intended to damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or information.

Content Removal

Without limiting any of those representations or warranties, Red Zebra LLC has the right (though not the obligation) to, in Red Zebra LLC’s sole discretion (i) refuse or remove any content that, in Red Zebra LLC’s reasonable opinion, violates any Red Zebra LLC policy or is in any way harmful or objectionable, or (ii) terminate or deny access to and use of the Website to any individual or entity for any reason, in Red Zebra LLC’s sole discretion. Red Zebra LLC will have no obligation to provide a refund of any amounts previously paid.

Responsibility of Website Visitors.

Red Zebra LLC has not reviewed, and cannot review, all of the material posted to the Website, and cannot therefore be responsible for that materials content, use or effects. By operating the Website, Red Zebra LLC does not represent or imply that it endorses the material there posted, or that it believes such material to be accurate, useful or not harmful. You are responsible for taking precautions as necessary to protect yourself and your computer systems. The Website may contain content that is offensive, indecent, or otherwise objectionable, as well as content containing technical inaccuracies, typographical mistakes, and other errors. The Website may also contain material that violates the privacy or publicity rights, or infringes the intellectual property and other proprietary rights, of third parties, or the downloading, copying or use of which is subject to additional terms and conditions, stated or unstated. Red Zebra LLC disclaims any responsibility for any harm resulting from the use by visitors of the Website, or from any downloading by those visitors of content there posted.

Intellectual Property.

This Agreement does not transfer from Red Zebra LLC to you any content or third party intellectual property, and all right, title and interest in and to such property will remain (as between the parties) solely with Red Zebra LLC. The Website, logo, and all other trademarks, service marks, graphics and logos used in connection with Red Zebra LLC, or the Website are trademarks or registered trademarks of Red Zebra LLC or Red Zebra LLC’s licensors. Other trademarks, service marks, graphics and logos used in connection with the Website may be the trademarks of other third parties. Your use of the Website grants you no right or license to reproduce or otherwise use any content or third-party trademarks.

Changes.

Red Zebra LLC 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. Red Zebra LLC 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.

Termination.

Red Zebra LLC may terminate your access to all or any part of the Website at any time, with or without cause, with or without notice, effective immediately. If you wish to terminate this Agreement or your account (if you have one), you may simply discontinue using the Website. 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.

Disclaimer of Warranties.

The Website is provided “as is”. Red Zebra LLC 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 Red Zebra LLC nor its suppliers and licensors, makes any warranty that the Website 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, the Website at your own discretion and risk.

Limitation of Liability.

In no event will Red Zebra LLC, 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 or 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 Red Zebra LLC under this agreement during the twelve (12) month period prior to the cause of action. Red Zebra LLC 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.

General Representation and Warranty.

You represent and warrant that (i) your use of the Website will be in strict accordance with the our Privacy Policy, with this Agreement and with all applicable laws and regulations (including without limitation any local laws or regulations in your country, state, city, or other governmental area, regarding online conduct and acceptable content, and including all applicable laws regarding the transmission of technical data exported from the United States or the country in which you reside) and (ii) your use of the Website will not infringe or misappropriate the intellectual property rights of any third party.

Indemnification.

You agree to indemnify and hold harmless Red Zebra LLC, its contractors, and its licensors, and their respective directors, officers, employees and agents from and against any and all claims and expenses, including attorney’s fees, arising out of your use of the Website, including but not limited to your violation of this Agreement.

Waiver.

The failure of Red Zebra LLC to exercise or enforce any right or provision of the Terms will not constitute a waiver of such right or provision. Any waiver of any provision of the Terms will be effective only if in writing and signed by Red Zebra LLC.

Severability.

If any provision of the Terms or any Guidelines is held to be unlawful, void, or for any reason unenforceable, then that provision will be limited or eliminated from the Terms to the minimum extent necessary and will not affect the validity and enforceability of any remaining provisions.

Assignment.

The Terms and related Guidelines, and any rights and licenses granted hereunder, may not be transferred or assigned by You without Red Zebra LLC’s prior written consent, but may be assigned by Red Zebra LLC without consent or any restriction. Any assignment attempted to be made in violation of the Terms shall be null and void.

Headings.

The heading references herein are for convenience purposes only, do not constitute a part of the Terms, and will not be deemed to limit or affect any of the provisions hereof.

Miscellaneous.

This Agreement constitutes the entire agreement between Red Zebra LLC and you concerning the subject matter hereof, and they may only be modified by a written amendment signed by an authorized executive of Red Zebra LLC, or by the posting by Red Zebra LLC of a revised version. Except to the extent applicable law, if any, provides otherwise, this Agreement, any access to or use of the Website will be governed by the laws of the state of MN, U.S.A.

Copyright Infringement.

As Red Zebra LLC 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 Red Zebra LLC violates your copyright, you are encouraged to notify Red Zebra LLC. Red Zebra LLC will respond to all such notices, including as required or appropriate by removing the infringing material or disabling all links to the infringing material. In the case of a visitor who may infringe or repeatedly infringes the copyrights or other intellectual property rights of Red Zebra LLC or others, Red Zebra LLC may, in its discretion, terminate or deny access to and use of the Website. In the case of such termination, Red Zebra LLC will have no obligation to provide a refund of any amounts previously paid to Red Zebra LLC. The form of notice set forth below is consistent with the form suggested by the United States Digital Millennium Copyright Act (“DMCA”) which may be found at the U.S. Copyright official website: http://www.copyright.gov.

To expedite Red Zebra LLC’s handling of your notice, please use the following format or refer to Section 512(c)(3) of the Copyright Act.

1. Identify in sufficient detail the copyrighted work you believe has been infringed upon. This includes identification of the web page or specific posts, as opposed to entire sites. Posts must be referenced by either the dates in which they appear or by the permalink of the post. Include the URL to the concerned material infringing your copyright (URL of a website or URL to a post, with title, date, name of the emitter), or link to initial post with sufficient data to find it.

2. Identify the material that you allege is infringing upon the copyrighted work listed in Item #1 above. Include the name of the concerned litigious material (all images or posts if relevant) with its complete reference.

3. Provide information on which Red Zebra LLC may contact you, including your email address, name, telephone number and physical address.

4. Provide the address, if available, to allow Red Zebra LLC to notify the owner/ administrator of the allegedly infringing webpage or other content, including email address.

5. Also include a statement of the following: “I have a good faith belief that use of the copyrighted materials described above on the infringing web pages is not authorized by the copyright owner, or its agent, or the law.”

6. Also include the following statement: “I swear, under penalty of perjury, that the information in this notification is accurate and that I am the copyright owner, or am authorized to act on behalf of the owner, of an exclusive right that is allegedly infringed.”

7. Your physical or electronic signature

Send the written notification via regular postal mail to the following:

312 Clydesdale Trail

Medina, MN 55340

If you have any questions or comments about our Terms of Service, please Contact us.

312 Clydesdale Trail

Medina, MN 55340