1. Rights to Use Site Content.   

Subject to your compliance with these Website Terms of Use (these “Terms”), Ziva Dynamics, Inc. grants you a limited, non-exclusive, non-transferable, royalty-free license (without the right to sublicense) to access, view, download and print Site Content solely for your personal and non-commercial purposes. You will not use, copy, adapt, modify, prepare derivative works based upon, distribute, license, sell, transfer, publicly display, publicly perform, transmit, stream, broadcast or otherwise exploit the Site, the Ziva Community or Site Content, except as expressly permitted in these Terms. No licenses or rights are granted to you by implication or otherwise under any intellectual property rights owned or controlled by us or our licensors, except for the licenses and rights expressly granted in these Terms.

2. Your Content.  

You acknowledge and agree that all information, data and other materials, whether publicly posted or privately transmitted, are the sole responsibility of the person from whom the Your Content originated. By making available Your Content through the Site and the Ziva Community, you grant to us a worldwide, irrevocable, perpetual, non-exclusive, transferable, royalty-free license, with the right to sublicense, to use, copy, modify, view, publicly display, transmit and otherwise exploit such Your Content only on, through or by means of the Site, the Ziva Community and in our social media channels. We do not claim any ownership rights in Your Content and nothing in these Terms will be deemed to restrict any rights that you may have to use and exploit Your Content.

You represent and warrant that: (i) Your Content and your use of the Site and the Ziva Community will comply with all applicable laws, rules and regulations; (ii) you own or control all rights in Your Content as necessary to grant the rights and licenses you grant to us pursuant to these Terms;  (iii) Your Content does not include any offensive, defamatory, pornographic, hateful, abusive or otherwise objectionable materials and is not targeted at individuals under the age of 13 (or under the age of 16 for those in the European Economic Area); (iv) Your Content does not infringe or misappropriate the intellectual property or proprietary rights of any person or entity; and (v) Your Content does not contain any viruses, malware, spyware, malicious code or other destructive content that could have an adverse impact on any software, data, computer systems, networks, hardware or and devices.

You acknowledge and agree that you are solely responsible for all Your Content and that your user name may be associated with Your Content.

3. Private Discussions.  

the Ziva Community give users the ability to send each other private messages through the Private Discussions functionality. While we do not normally access or screen private messages, we reserve the right to access private message content in instances of suspected or alleged harassment, offensive behavior, spam or as required by a law enforcement agency. If you use the private message system in a way that violates these Terms, we may ban you from using private messaging or from having access to the Ziva Community.

4. Feedback.  

We welcome and encourage you to provide Feedback. You may submit Feedback via the Site and the Ziva Community. All Feedback will be our sole and exclusive property, and you hereby irrevocably assign all of your right, title, and interest in and to all Feedback, including without limitation all worldwide patent, copyright, trade secret, moral and other proprietary or intellectual property rights therein to us. At our request and expense, you will execute documents and take such further acts as we may reasonably request to assist us to acquire, perfect, and maintain our intellectual property rights and other legal protections for the Feedback.

5.  General Prohibitions.

You agree not to do any of the following:

• Upload, publish, submit or transmit any text, graphics, images, software, music, audio, video, information or other material that: (i) infringes, misappropriates or violates a third party’s patent, copyright, trademark, trade secret, moral rights or other intellectual property rights, or rights of publicity or privacy; (ii) violates, or encourages any conduct that would violate, any applicable law or regulation or would give rise to civil liability; (iii) is fraudulent, false, misleading or deceptive; (iv) is defamatory, obscene, pornographic, vulgar or offensive; (v) promotes discrimination, bigotry, racism, hatred, harassment or harm against any individual or group; (vi) promotes violence or actions that are threatening to anyone; (vii) promotes illegal or harmful activities; or (viii) is targeted for any audience under the age of 13 (or under the age of 16 for those in the European Economic Area); 
• Use, display, mirror or frame the Site or any individual element within the Site, our name, any our trademarks, logos or other proprietary information, or the layout and design of any page or form contained on a page, without our express written consent;
• Attempt to probe, scan, or test the vulnerability of our systems or networks, or breach any of our security or authentication measures;
• Bypass, remove, deactivate or otherwise circumvent any technological measure implemented by us or any of our providers or any other third party (including another user) to protect our Site, the Ziva Community or Site Content;
• Access, tamper with, or use non-public areas of the Site, our computer systems, or the technical delivery systems of our providers;
• Attempt to access or search the Site, the Ziva Community, or Site Content or to download Site Content (including our software and other licensed materials we make available through the Site) via use of any engine, software, tool, agent, device or mechanism (including spiders, robots, crawlers, data mining tools or the like) other than the software and/or search agents provided by us or other generally available third party web browsers;
• Send any unsolicited or unauthorized advertising, promotional materials, email, junk mail, spam, chain letters or other form of solicitation to us or any of our users;
• Use any meta tags or other hidden text or metadata utilizing our trademarks, logo, URL or product names without our express written consent;
• Forge any TCP/IP packet header or any part of the header information in any email or newsgroup posting, or in any way use the Site, the Ziva Community, or Site Content to send altered, deceptive or false source-identifying information;
• Attempt to decipher, decompile, disassemble or reverse engineer any of the software used to provide the Site or the Ziva Community;
• Interfere with, or attempt to interfere with, the access of any user, host or network, including, without limitation, sending a virus, overloading, flooding, spamming, or mail-bombing the Site;
• Collect or store any personally identifiable information from the Site or the Ziva Community from other users without their express permission;
• Impersonate or misrepresent your affiliation with any person or entity; 
• Violate any applicable law or regulation; 
• Use the Site, the Ziva Community or Site Content in any manner not permitted by these Terms; or
• Encourage or enable any other individual to do any of the foregoing

You acknowledge and agree that we reserve the right, but do not assume any obligation, to (i) monitor your access to and use of the Site, the Ziva Community, Site Content and your publication and use of Your Content on the Site and the Ziva Community; and (ii) review, edit, reject, move or remove any Your Content for the purposes of operating the Site and the Ziva Community, ensuring your compliance with these Terms, and complying with applicable law or the order or requirement of a court, administrative agency or other governmental body. 

We do not verify or sanction Your Content, and you agree that you must evaluate and bear all risks associated with use of Your Content and your reliance on the accuracy, completeness, or usefulness of Site and Site Content. You understand that by using the Ziva Community, you may be exposed to Site Content that you may consider offensive or objectionable. Furthermore, you acknowledge and agree that if the Ziva Community are offered or provided through another entity, including, but limited to, through another entity's website (e.g. Facebook), you agree to abide by that third party's terms of service, and we encourage you to review such terms of service.

6. Links.

The Site may contain links to third-party websites or resources. We are not responsible or liable for the availability or accuracy of such websites or resources, nor the content, products, or services on or available from such websites or resources. Links to such websites or resources do not imply any endorsement by us of such websites or resources or the content, products, or services available from such websites or resources. 

7. DISCLAIMER.  

WE MAKE NO WARRANTY REGARDING THE QUALITY, ACCURACY, TIMELINESS, TRUTHFULNESS, COMPLETENESS OR RELIABILITY OF THE SITE, the Ziva Community, ANY SITE CONTENT OR YOUR CONTENT OBTAINED THROUGH THE SITE OR the Ziva Community.

YOU ARE SOLELY RESPONSIBLE FOR ALL OF YOUR COMMUNICATIONS AND INTERACTIONS WITH OTHER USERS OF THE SITE AND THE ZIVA COMMUNITY. WE DO NOT SCREEN OR INQUIRE INTO THE BACKGROUND OF ANY USERS OF THE SITE OR the Ziva Community, NOR DO WE MAKE ANY ATTEMPT TO VERIFY THE STATEMENTS OF USERS OF THE SITE OR THE ZIVA COMMUNITY. FURTHER, WE ARE NOT LIABLE FOR MAKE NO REPRESENTATIONS OR WARRANTIES AS TO THE CONDUCT OF USERS OF THE SITE OR THE ZIVA COMMUNITY. YOU AGREE TO TAKE REASONABLE PRECAUTIONS IN ALL COMMUNICATIONS AND INTERACTIONS WITH OTHER USERS OF THE SITE AND THE ZIVA COMMUNITY, PARTICULARLY IF YOU DECIDE TO MEET OFFLINE OR IN PERSON.

8.  Definitions.

1. “Feedback” means any feedback, comments and suggestions for improvements to the Site and/or the Ziva Community that you provide to us. 
2. “Site” means our website available at https://zivadynamics.com, including all subpages that we maintain and any successor sites.  
3. “Site Content” means the text, graphics, images, music, audio, video, information or other materials that we (or our other users) publish, submit, transmit or otherwise make available through the Site or the Ziva Community 
4. “We”, “us” and “our” refer to Ziva Dynamics, Inc. and our affiliates. 
5. “You”, “your” means an individual or the legal entity exercising rights under these Terms, including any entity that controls, is controlled by, or is under common control with such legal entity. 
6. “Your Content” means the text, graphics, images, music, audio, video, information or other materials that you or your users post, upload, publish, submit, transmit or otherwise make or make available through the Site or the Ziva Community. 
7. “Ziva Community” means our community forum available at https://community.zivadynamics.com/, including any successor sites.