Updated - January, 2011
By using the Zen Cart® web site and/or other services, you agree to the following terms and conditions (the "Terms & Conditions"). We will make the most current version of these Terms & Conditions available on this page. Additionally, you shall be subject to any posted guidelines applicable to any other Zen Cart® services. If you do not agree to these Terms & Conditions please do not use the site and do not register to be a member of Zen Cart®. We reserve the right, at our discretion, to change, modify, add, or remove portions of these Terms & Conditions at any time. Please check these terms periodically for changes. Your continued use of the Zen Cart® Service following the posting of changes to these terms (including Zen Cart®' Forum Guidelines) will mean you accept those changes.
Zen Cart® is an Open Source Shopping Cart program and ecommerce resource portal, with user contributed add-ons, as well as forums and links to hosting, merchant services, articles, tips, tutorials and a range of other content (collectively, the "Zen Cart® Service"). These Terms & Conditions apply to the Zen Cart® Service as well as any new products or services that we may add in the future (unless stated otherwise).
By accessing the Zen Cart® Service web site, becoming a member of the forum, contributing any code, images or templates, you agree to be legally bound and to abide by the Terms & Conditions, just as if you had signed this Agreement. If you do not comply with the Terms & Conditions at any time, Zen Cart® reserves the right to limit your access to the Zen Cart® Service. Zen Cart® may discontinue or alter any aspect of the Zen Cart® Service, including, but not limited to, (a) restricting the time the Zen Cart® Service is available, (b) restricting the amount of use permitted, and (c) restricting or terminating any user's right to use the Zen Cart® Service, at our sole discretion and without prior notice or liability.
In order to permit Zen Cart® to protect the quality of its products and services, you hereby consent to Zen Cart® staff and volunteers being able to access your account and records on a case by case basis to investigate complaints or other allegations or abuse.
You acknowledge that the Zen Cart® Service may contain information, software (including scripts posted by others), photos, video, text, graphics, music, sounds or other material (collectively, "Content") that are protected by copyrights, patents, trademarks, trade secrets or other proprietary rights, and that these rights are valid and protected in all forms, media and technologies existing now or here after developed. All Content is copyrighted as a collective work under the U.S. copyright laws, and Zen Cart® owns a copyright in the selection, coordination, arrangement and enhancement of such Content.
You acknowledge that all Content, whether publicly posted or privately transmitted, is the sole responsibility of the person from which such Content originated. This means that you are entirely responsible for all Content that you post, email or otherwise transmit via the Zen Cart® Service. Zen Cart® does not control all of the Content posted via the Zen Cart® Service and, as such, does not guarantee the accuracy, integrity or quality of such Content. You understand that by using the Zen Cart® Service, you may be exposed to Content that is offensive, indecent or objectionable. Under no circumstances will Zen Cart® be liable in any way for any Content, including, but not limited to, for any errors or omissions in any Content, or for any loss or damage of any kind incurred as a result of the use of any Content posted, emailed or otherwise transmitted via the Zen Cart® Service.
You agree to not use the Zen Cart® Service (including the Zen Cart® Forums described below) to:
A "Forum" refers to any chat area, bulletin board, "instant messaging" or virtual community offered as part of the Zen Cart® Service.
All Zen Cart® Forum communications are public and not private communications. You shall remain solely responsible for the content of your messages. Although Zen Cart® reserves the right to remove without notice any Forum posting for any reason, we have no obligation to delete content that you may find objectionable or offensive. By uploading materials to any Forum or submitting any materials to us, you automatically grant (or warrant that the owner of such materials has expressly granted) us a perpetual, royalty-free, irrevocable, non- exclusive right and license to use, reproduce, modify, adapt, publish, translate, create derivative works from and distribute such materials or incorporate such materials into any form, medium, or technology now known or later developed throughout the universe. In addition, you warrant that all so-called "moral rights" in those materials have been waived.
Your privilege to use the Zen Cart® Forums and contribute to discussions on the Zen Cart® Forums depends on your compliance with the member conduct guidelines set forth above. Zen Cart® may revoke your registration privileges and/or take any other appropriate measures to enforce these guidelines if violations are brought to our attention. Further, Zen Cart®, in its sole discretion, may terminate your membership or participation in any community, chat room or other Forum for any reason.
Zen Cart® reserves the right to monitor some, all, or no areas of Zen Cart® Forums for adherence to these or other rules that may be published from time to time. You acknowledge that by providing you with the ability to distribute your content, Zen Cart® is acting as a passive conduit for such distribution and Zen Cart® is not undertaking any obligation or liability relating to any content or activities on the Web Site or in any Forum or Forum area.
By posting or submitting content to this site, you grant Zen Cart® and its affiliates and licensees the right to use, reproduce, display, perform, adapt, modify, distribute, have distributed, and promote the content in any form, anywhere and for any purpose; and warrant and represent that you own or otherwise control all of the rights to the content and that public posting and use of your content by Zen Cart® will not infringe or violate the rights of any third party.
If you send us scripts, creative suggestions, ideas, notes, drawings, or other information (collectively, the "Submissions"), the Submissions shall be deemed, and shall remain, the property of Zen Cart®. None of the Submissions shall be subject to any obligation of confidence on the part of Zen Cart®, and Zen Cart® shall not be liable for any use or disclosure of any Submissions. Without limitation of the foregoing, Zen Cart® shall exclusively own all now known or hereafter existing rights to the Submissions of every kind and nature throughout the universe and shall be entitled to unrestricted use of the Submissions for any purpose whatsoever, commercial or otherwise, without compensation to the provider of the Submissions.
The Zen Cart® Service may provide, or third parties may provide, links to other World Wide Web sites or resources. Because Zen Cart® has no control over such sites and resources, you acknowledge and agree that Zen Cart® is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any Content, advertising, products, or other materials on or available from such sites or resources. You further acknowledge and agree that Zen Cart® shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such Content, goods or services available on or through any such site or resource.
Zen Cart® uses diligent efforts to maintain the Zen Cart® Service, but Zen Cart® is not responsible for any defects or failures associated with the Zen Cart® Service or any damages (such as lost profits or other consequential damages) that may result from any such defects or failures. In addition, Zen Cart® makes no guarantees as to the sites and information located worldwide throughout the Internet to which you may access as a result of the use of the Zen Cart® Service, including as to the accuracy, content, or quality of any such sites and information.
PLEASE NOTE THE FOLLOWING IMPORTANT DISCLAIMERS OF WARRANTIES:
THE ZEN Cart® SERVICE IS PROVIDED "AS IS" AND YOU USE IT AT YOUR SOLE RISK. ZEN Cart® EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
WITHOUT LIMITATION, ZEN Cart® MAKES NO WARRANTY THAT THE ZEN Cart® SERVICE WILL MEET YOUR REQUIREMENTS, THAT IT WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, THAT THE RESULTS OBTAINED FROM THE USE OF THE ZEN Cart® SERVICE WILL BE ACCURATE OR RELIABLE, OR THAT THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL OBTAINED THROUGH THE ZEN Cart® SERVICE WILL MEET YOUR EXPECTATIONS.
ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE ZEN Cart® SERVICE IS DONE AT YOUR SOLE RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.
YOU EXPRESSLY UNDERSTAND AND AGREE THAT ZEN Cart® SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF ZEN Cart® HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (i) THE USE OR THE INABILITY TO USE THE ZEN Cart® SERVICE; (ii) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE ZEN Cart® SERVICE; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (iv) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE ZEN Cart® SERVICE; OR (v) ANY OTHER MATTER RELATING TO THE ZEN Cart® SERVICE. IN NO EVENT SHALL ZEN Cart®' TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT, TORT (INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE), OR OTHERWISE EXCEED THE AMOUNT PAID BY YOU, IF ANY, FOR ACCESSING THIS SITE.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
You agree that Zen Cart®, in its sole discretion, may terminate your password, account (or any part thereof) or use of the Zen Cart® Service, and remove and discard any Content within the Zen Cart® Service, for any or no reason. Zen Cart® may also in its sole discretion and at any time discontinue providing the Zen Cart® Service, or any part thereof, with or without notice. You agree that any termination of your access to the Zen Cart® Service under any provision of this Terms & Conditions may be effected without prior notice, and acknowledge and agree that Zen Cart® may immediately deactivate or delete your account and all related information and files in your account and/or bar any further access to such files or the Zen Cart® Service. Further, you agree that Zen Cart® shall not be liable to you or any third-party for any termination of your access to the Zen Cart® Service.
The validity and effect of these Terms and Conditions shall be governed by and construed and enforced in accordance with the laws of the State of Oregon, without regard to its conflicts of laws principles. The parties expressly disclaim application of the United Nations Convention on Contracts for the International Sale of Goods. ANY SUIT, ACTION OR PROCEEDING CONCERNING THE ZEN Cart® SERVICE, ITS USE, THESE TERMS AND CONDITIONS, OR CONCERNING ANY OTHER POLICY OR PROCEDURE OF ZEN Cart®, MUST BE BROUGHT IN A COURT OF COMPETENT JURISDICTION IN THE STATE OF OREGON (OR THE APPROPRIATE FEDERAL COURT FOR SUCH AREA), AND YOU HEREBY IRREVOCABLY CONSENT TO THE JURISDICTION OF SUCH COURT (AND OF THE APPROPRIATE APPELLATE COURTS THEREFROM) IN ANY SUCH SUIT, ACTION OR PROCEEDING; AND YOU IRREVOCABLY WAIVE, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, ANY OBJECTION WHICH YOU MAY NOW OR HEREAFTER HAVE TO THE LAYING OF THE VENUE OF ANY SUCH SUIT, ACTION OR PROCEEDING IN ANY SUCH COURT OR THAT ANY SUCH SUIT, ACTION OR PROCEEDING WHICH IS BROUGHT IN ANY SUCH COURT HAS BEEN BROUGHT IN AN INCONVENIENT FORUM.
Zen Cart® respects the intellectual property of others, and we ask our users to do the same. Zen Cart® may, in appropriate circumstances and at its discretion, terminate the accounts of users who infringe the intellectual property rights of others. If you believe that your work has been copied in a way that constitutes copyright infringement, please provide Zen Cart®'s Copyright Agent the following information:
Please note: Our copyright enforcement only extends to the web sites owned and operated by Zen Cart®.