Last updated: April 20, 2020
These Terms of Use ("Agreement") apply to the use of the zeitcaster.com website, mobile application Widget, and the content and data available through those channels (collectively, the "Platform"). Certain areas of the Platform may also have other terms that apply specifically to those areas. Those terms are incorporated herein by reference with regard to use of those specific areas.
The Platform is operated by Zeitbyte, LLC ("we," "us" or "Zetitcaster"). "You" means you, the person accessing or using the Platform. The "Widget," which allows you to display on other websites the data from our Platform, is described in Section 4.2, below.
By accessing or using the Platform, you agree to be bound by the terms of this Agreement. This Agreement affects your rights – please read it carefully.
Your use of the Platform is expressly conditioned on your acceptance without modification of this Agreement. If you do not agree to the terms of this Agreement, you may not use the Platform. By using the Platform, you signify your acceptance of this Agreement, as we may amend it from time to time. We reserve the right to modify this Agreement at any time without prior notice.
The Platform, and the products and services available via the Platform, are not intended to be used by persons under the legal age of majority in their jurisdiction. By agreeing to the terms of this Agreement, you represent that you are at least the legal age of majority where you live.
Subject to the terms of this Agreement, you may establish an account through the zeitcaster.com website or mobile app (an "Account"). An Account allows you access to 30 days of Zeitcaster data, the use of our search tools, the ability to create entries in your Address Book and to create Saved Searches, and access to other features. It also lets you create and preview Widgets (putting a Widget on your website requires a separate fee; please see Section 4.2, below).
When you subscribe for an Account, you will be billed a monthly fee on a recurring basis, unless and until you cancel your subscription through the zeitcaster.com website or mobile app, or by contacting us at support@zeitcaster.com. You may cancel your Account subscription at any time, which will stop the automatic monthly renewal. Partial refunds are not given for the current month.
We use a third party payment processor, currently Stripe, Inc., to process financial transactions. Apple, Inc. may process a financial transaction if you make a purchase through the Apple App Store. If you have any concerns with a payment, please contact us at support@zeitcaster.com and we will endeavor to resolve the matter with the payment processor.
Your Account may be accessed only through your user name and password. You are solely responsible for all information posted via, and for all activities that occur under, your Account. For security reasons, you must keep your user name and password confidential and not disclose them to any person or permit any person to use them. You should choose a password that is unique to you and not easily guessed by others. You should change your password on a regular basis, and you should log out at the end of each session.
We may suspend your Account or cancel your user name or password at any time at our sole discretion, without prior notice or liability to you or any other person. We are not under any obligation to verify the actual identity or authority of the user of any user name or password.
You must immediately notify us of any unauthorized use of your Account, or if you know or suspect that your user name or password has been lost or stolen, has become known to any other person, or has been otherwise compromised. We are not responsible for the unauthorized use of your Account.
The Platform allows you to make purchases through your Account, which are subject to the terms of this Agreement. You are responsible for all activity through your Account, including payment for all charges incurred.
All purchases are final sale, and may not be canceled, exchanged or refunded.
We reserve the right, in our sole discretion, to limit the sales of our products or services to any person, geographic region or jurisdiction, and to reject, correct, limit quantities of, cancel or refuse orders, including when we believe there may be a violation of applicable law or harm to our interests or the interests of any third party. We may exercise these rights on a case-by-case basis.
We attempt for the information on the Platform to be as accurate as possible, but the Platform may contain typographical errors, inaccuracies or omissions. At times, these may relate to product or service descriptions, product or service availability, pricing, promotions, offers, event dates and timing, and/or other matters. We reserve the right, without prior notice, to correct any errors, inaccuracies or omissions, and/or to change or update information, or adjust product or service information, if any information is inaccurate or becomes inaccurate at any time (which may include after you have submitted your order or confirmed a purchase, in which case we will work with you to rectify the situation). We reserve the right at any time to modify or discontinue the availability of any products or services shown on the Platform without prior notice. While we endeavor to fulfill your requests, at times we may need to change or cancel products or services based on availability and other circumstances.
All products and services advertised on the Platform are invitations for you to purchase goods or services from us, and are not offers to sell by us. Your order is deemed accepted by us only when we send a confirmation e-mail to the e-mail address you provided. If you would like to change your order, please contact Customer Service at support@zeitcaster.com.
If you would like to display Zeitcaster event data on another website, you may request a Widget subscription through your Account. Widgets are a simple and cost-effective way to put Zeitcaster event data on other websites. A Widget recurring monthly fee subscription allows you to create and preview Widgets on your own website. You may customize the data displayed so it appeals to your unique audience. You may cancel your Widget subscription at any time, which will stop the automatic monthly renewal. Partial refunds are not given for the current month.
This Section 4 describes uses of the Platform that are prohibited ("Prohibited Uses"). You are not permitted to use the Platform for any Prohibited Use. Unauthorized use of the Platform or its data or content is a breach of this Agreement and may violate applicable copyright, trademark, intellectual property or other laws.
Neither the Platform nor its content may be, in whole or in part, copied, reproduced, republished, uploaded, posted, modified, transferred, transmitted, sold or distributed without our express written permission, except that you may download, display and print the content presented on the Platform solely for your personal, non-commercial use. You may not alter any copyright, trademark or other proprietary notice on the Platform.
Except as otherwise expressly permitted by Zeitcaster (such as through use of a Widget per Section 4.2, above), you may not use content or data from our Platform on any other website or in any other media, nor may you frame the Platform or any of its content or data in any form and by any method.
You may not use the Platform for an illegal or objectionable purpose, nor may you use the Platform in any activity that could be deemed illegal, harmful to others, or give rise to liability. This includes any activity:
In addition, you may not:
You may not use the Platform where, or in any way, prohibited by applicable law.
We reserve the right, but are not obligated, to monitor transmissions and investigate any use of the Platform, and to disclose to others any and all information relating to any Prohibited Use or otherwise posted via the Platform.
We and our affiliates, and our and their respective directors, officers, employees, agents, partners, and/or contractors expressly disclaim any and all liability relating to any Prohibited Use of this Platform.
You represent that you have read and agree to the Privacy Notice ("Notice") for our Platform, the terms of which are incorporated into this Agreement. You consent to the collection, use and disclosure of your personal information as specified in the Notice.
We may, at any time and without prior notice or any liability, change, update, modify, revise, terminate, restrict access to, suspend, or otherwise alter any feature, functionality, component, content, area or other attribute of the Platform, or terminate access to the Platform altogether. In addition to our rights specified elsewhere in this Agreement, if you are responsible for a Prohibited Use or otherwise violate any other provision of this Agreement, we may suspend or terminate your Account and take any other action we determine to be appropriate under the circumstances.
The content and data, and their aggregation and display via the Platform, along with the selection and arrangement thereof, and the Platform design, graphics and content, are the property of Zeitcaster, and are protected under the copyright and other laws of the United States and other countries. Other components of the Platform, including software, are our property and/or the property of our affiliates, third party providers, licensors and/or distributors, and are also protected under the copyright and other laws of the United States and other countries.
The Platform contains trademarks, trade names, service marks, copyrights, and/or logos ("Marks") that belong to us, and may contain Marks of other parties. The Marks appearing on the Platform are the property of their respective owners. You acknowledge and agree that you do not acquire, through use of the Platform, any right, title or interest in or to any of these Marks. All rights to these Marks are reserved. Any use of the Marks without the express written authorization of their owner is strictly prohibited.
Our Privacy Notice will govern our collection, use and disclosure of any personal information you provide or we otherwise collect via the Platform.
The Platform may contain links to other websites. These links are provided as a convenience and to assist you in navigating to those websites. Those websites are independent of us, and we do not control the content of or activities associated with them, nor do we endorse any of the information available on those websites. We and our affiliates, and our and their respective officers, directors, employees, agents, partners, and/or contractors disclaim any and all liability for those linked websites or the content or data available through them, and are not accountable for any damages, of any kind, incurred by those who visit such websites. If you decide to access other websites, you do so at your own risk.
Your use of the Platform is "as is" and at your sole risk. We do not provide any representations or warranties, nor do we guarantee, represent nor warrant that your use of the Platform will be uninterrupted, timely, secure or error-free. We do not guarantee, represent nor warrant that the information or results you obtain from the Platform will be accurate or reliable.
WE DISCLAIM ALL WARRANTIES, EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
You hereby agree to indemnify and hold harmless, Zeitbyte, LLC and its affiliates, and its and their respective officers, directors, employees, contractors, subcontractors, agents and partners ("Indemnified Parties"), and if requested by us, to defend the Indemnified Parties, for, from and against all liabilities, harm, losses, damages, costs and expenses (including reasonable attorneys' fees) arising out of or in connection with any claims, actions, suits and demands asserted by any third party as a result of your use of the Platform or any products, services, content, data or information available via the Platform. We have the right to control the defense of such claim, and to settle such claim, with your consent, not to be unreasonably withheld, delayed or conditioned.
IN NO EVENT SHALL WE OR ANY OF THE INDEMNIFIED PARTIES BE LIABLE FOR ANY SPECIAL, INDIRECT, INCIDENTAL, PUNITIVE, CONSEQUENTIAL, OR EXEMPLARY DAMAGES RELATING TO OR ARISING FROM THIS AGREEMENT, THE PLATFORM, OR ANY PRODUCTS, SERVICES, CONTENT, DATA OR INFORMATION AVAILABLE VIA THE PLATFORM, REGARDLESS OF OUR KNOWLEDGE, ACTUAL OR CONSTRUCTIVE, THAT SUCH DAMAGES MIGHT BE INCURRED. TO THE MAXIMUM EXTENT ALLOWED BY LAW, WE AND THE INDEMNIFIED PARTIES DISCLAIM ANY AND ALL LIABILITY RELATING TO OR ARISING FROM THIS AGREEMENT, THE PLATFORM, OR ANY PRODUCTS, SERVICES, CONTENT, DATA OR INFORMATION AVAILABLE VIA THE PLATFORM, AND YOUR USE OF OR INABILITY TO USE THE PLATFORM.
If, notwithstanding the foregoing, we or any of the Indemnified Parties should be found liable for any harm, loss or damage of any kind relating to or in any way arising from this Agreement, the Platform, any products, services, content, data or information available via the Platform, or your use or inability to use the Platform, to the maximum extent allowed by law our liability and the liability of the Indemnified Parties shall not exceed in the aggregate US $250. You agree that this limitation of liability is a reasonable allocation of risk under these circumstances.
You may have other rights available to you by law. These disclaimers and limitations of liability are intended to limit our liability to maximum extent allowed by law.
Force Majuere. Notwithstanding any other provision set forth in this Agreement, we shall not be liable for any failure or delay in performance due to any cause beyond our reasonable control, including, without limitation, any act of war or civil insurrection, national emergencies, acts of God, fire, explosion, vandalism, storm, earthquake, flood, embargo, riot, sabotage, industry-wide strikes, lockouts, work stoppages or other labor difficulties, industry-wide supplier failures, unavailability of materials or governmental acts.
Relationship. Nothing in this Agreement is intended to or shall be construed to constitute or establish an agency, joint venture, partnership, or fiduciary relationship between the parties, and neither party shall have the right or authority to act for or on behalf of the other party.
Entire Agreement. This Agreement constitutes the full and entire understanding and agreement between the parties pertaining to the subject matter and supersede in their entirety any and all written or oral agreements previously existing between the parties with respect to the subject matter hereof, and may not be amended or modified except by us as set forth above.
Severability. This Agreement shall be deemed severable. In the event that any provision is determined to be unenforceable or invalid, such provision shall nonetheless be enforced to the fullest extent permitted by applicable law, and such determination shall not affect the validity and enforceability of any other remaining provisions.
Waiver. Our failure to enforce any provision of this Agreement shall not be construed as a waiver of such provision.
Governing Law. This Agreement shall be governed by, construed and enforced in accordance with the laws of the State of New York, United States of America, without regard to any choice of law principles.
Jurisdiction. You hereby agree and irrevocably consent to submit to the exclusive jurisdiction and venue of the Federal and State courts sitting in New York County, New York State for any and all claims arising from this Agreement and your use of the Platform or any content, data, information, products or services available via the Platform, and waive any claim of inconvenient venue or improper forum.
If you have any questions, please contact our customer service at: support@zeitcaster.com.
END OF TERMS OF USE
