Zestats Terms of Services

1. INTRODUCTION

Welcome to Zestats.com (the “Website“). This Website is published by or on behalf of Zestats SAS (“Zestats” or “We” or “Us“) a company named ZESTATS SAS registered in France. The company is in formation at the moment. We will update our Terms of Services as soon as our company is fully operational. During that time, these T&S (Terms of Services) remains in force.

By accessing the Website or any Affiliated Websites owned and managed by or on behalf of Zestats SAS (“Zestats” or “We” or “Us”) (i) you agree to be bound by the following Terms of Services (“Terms“) and our privacy policy and our cookies policy and, (ii) You are agreeing to these Terms on behalf of a corporation or entity, that you are duly authorized to bind such corporation or entity and, (iii) you hereby certify to Zestats that you are at least 18 years of age.

Your use of the Website and any services offered by Us (collectively with the foregoing, “The Services”) is subject to you agreeing to these terms and conditions (“Terms”)

If you do not agree with these Terms, you should stop using the Website immediately.

2. LICENSE

As a condition to using certain Services, you will be required to register. You agree to provide us with accurate, complete, and updated registration information. Failure to do so shall constitute a breach of these Terms, which may result in immediate termination of your account. Upon registration, you will be provided with a login identifier (“Zestats User ID”) and a password. We reserve the right to refuse registration (or cancel a Zestats User ID) for any reason and in our sole discretion. You shall be responsible for maintaining the confidentiality of your Zestats User ID and password. You are not allowed to share your Zestats User ID and/or password for any reason and are fully and solely responsible for all activities that occur under your account. You agree to notify us immediately upon learning of any unauthorized use of your account or any other breach of security

3. GENERAL RULES RELATING TO CONDUCT

When you use the Website you must comply with all applicable English laws and with any applicable international laws, including the local laws in your country of residence (together referred to as “Applicable Laws”).

You agree that when using the Website you will comply with all Applicable Laws and these Terms. In particular, but without limitation, you agree not to:

  • Use the Website in any unlawful manner or in a manner which promotes or encourages illegal activity including (without limitation) copyright infringement; or
  • Attempt to gain unauthorised access to the Website or any networks, servers or computer systems connected to the Website; or
  • Modify, adapt, translate or reverse engineer any part of the Website or re-format or frame any portion of the pages comprising the Website, save to the extent expressly permitted by these Terms or by law; or
  • Interfere with or damage any part of the Website, including, without limitation, through the use of viruses, bots, flood pings, denial-of-service attacks, packet or IP spoofing or similar methods or technology; or
  • Use any automated mechanisms, including, without limitation, bots, scripts, spiders to collect information or otherwise interact with the Website without Zestats express written permission; or
  • Claim that Zestats is supporting your business, product or services without prior written permission by Zestats; or
  • Publish Zestats' private data in any kind of form without prior written approval from one of the officers of the company.

You agree to indemnify Zestats and its group companies in full and on demand from and against any loss, damage, costs or expenses which they suffer or incur directly or indirectly as a result of your use of the Website otherwise than in accordance with these Terms or Applicable Laws.

4. INTELLECTUAL PROPERTY IN THE EU AND REST OF THE WORLD

The Website is owned and operated by Zestats. Unless otherwise indicated, all Content excluding third parties (“Third Party Websites) and other materials on or in the Website, including, without limitation, The Website's logos, the visual interfaces, graphics, design, compilation, software, computer code (including source code or object code), services, text, pictures, information, data, sound files, other files and the selection and arrangement thereof (collectively, the " Materials ") are protected by the Copyright, Designs and Patents Act 1988 (the 1988 Act), trade dress, patent, and trademark laws, international conventions, and all other relevant intellectual property and proprietary rights, and applicable laws (including in your country of residence)

The trademarks, service marks, and logos (“Trade Marks“) contained on or in the Website are owned by Zestats or its group companies or Third Party companies. You cannot use, copy, edit, vary, reproduce, publish, display, distribute, store, transmit, commercially exploit or disseminate the Trade Marks without the prior written consent of Zestats or the relevant group company or the relevant Third Party companies.

As We care about your Intellectual Property and if you consider your copyright or other intellectual property rights have been infringed, then we invite you to contact us. You can contact [email protected] if you wish to discuss this further with us.

5. LIMITATION OF LIABILITY AND DAMAGES

IN NO EVENT SHALL ZESTATS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES, OR DAMAGES FOR LOSS OF PROFITS, REVENUE, DATA OR USE, INCURRED BY YOU OR ANY THIRD PARTY, WHETHER IN AN ACTION IN CONTRACT OR TORT, ARISING FROM YOUR ACCESS TO, OR USE OF, THE SERVICES, ANY CONTENT, OR ANY THIRD-PARTY SITES AND CONTENT. 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, ZESTATS’S LIABILITY WILL BE LIMITED TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW. IN NO EVENT SHALL ZESTATS’S CUMULATIVE LIABILITY UNDER THESE TERMS EXCEED THE GREATER OF THE AMOUNT PAID TO ZESTATS BY CUSTOMER FOR THE USE OF THE SERVICES OR $250.

6. PRIVACY POLICY

Your privacy is important to Us. Please visit our Privacy Policy for information relating to how we collect, use, and disclose your personal information available at zestats/legal/privacy

7. SERVICE SUSPENSION

Zestats reserves the right, in its sole discretion, to suspend or cease providing any services relating to The Website published by it, with or without notice, and shall have no liability or responsibility to you in any manner whatsoever if it chooses to do so.

8. PROMOTIONAL LICENCE

You hereby grant us a nonexclusive, worldwide, royalty-free, perpetual, irrevocable, sublicensable and transferable right to use your user name, company name, company logo, and any comments you make publicly or privately for promotional purposes (such as on our Sites, or on a third-party site) concerning your use of the Services in our communications materials (website, presentations, etc.).

9. SUBSCRIPTION FEATURES

Zestats offers and may add more features on subscription basis. If subscribed you agree to pay all fees agreed at the time of signing for the subscription.

10. MODIFICATIONS

Zestats reserves the right to update these Terms from time to time. If it does so, the updated version will be effective immediately. You are responsible for regularly reviewing these Terms so that you are aware of any changes to them and you will be bound by the new policy upon your continued use of the Website. No other variation to these Terms shall be effective unless in writing and signed by an authorised representative on behalf of Zestats.

These Terms shall be governed by and construed in accordance with French law and you agree to submit to the exclusive jurisdiction of the French Courts.