Thank you for visiting www.zaccho.org (the “Site”), which is owned and operated by Zaccho SF, a 501(c)(3) public charity organization (“Zaccho”). These Terms of Use govern your use of the Site.
1. Effective Date. These Terms of Use are effective as of October 15, 2021.
2. Your Acceptance of These Terms of Use. These Terms of Use apply to all users of this Site. By using this Site, you agree to comply with and be bound by these Terms of Use. Please do not access or use this Site if you do not agree to the terms and conditions set forth herein.
3. Your Acceptance of Zaccho’s Privacy Policy. By agreeing to these Terms of Use, you also agree to the terms of Zaccho’s Privacy Policy, which is expressly incorporated herein by reference. All personal information provided to Zaccho by you as a result of your use of this Site will be handled in accordance with the Privacy Policy.
4. License to Use the Site. Permission is hereby granted to you to the extent necessary to allow you to lawfully access and use this Site and to display, download, or print portions of this Site on a temporary basis and for your personal, noncommercial use only, provided that, except with the prior express written permission of Zaccho, (1) you do not modify or create derivative works of the Content; (2) you retain any and all copyright and other proprietary notices contained in the Content; and (3) you do not copy or post the Content elsewhere or broadcast the Content in any media.
5. Ownership of This Site and Its Content. This Site, including all content made available on the Site, including, without limitation, software and code comprising or used to operate this Site, all of the text, photographs, images, illustrations, graphics, sound recordings, video and audio-video clips, and other materials available on this Site (the “Content”), is solely owned by Zaccho and its collaborative partners, or the material is included with the permission of the rights owner and is protected pursuant to applicable copyright, trademark, and all other applicable intellectual property laws and other laws, including, without limitation, the laws of the United States and other countries. The presence of any Content on this Site does not constitute a waiver of any right in such Content. Except as otherwise provided herein, none of this Content may be used, copied, reproduced, distributed, republished, downloaded, modified, displayed, posted or transmitted in any form or by any means, including, but not limited to, electronic, mechanical, photocopying, recording or otherwise, without the prior express written permission of an authorized representative of Zaccho.
6. Your Feedback. Ownership of any content, materials, or feedback you provide to us through this Site, including as comments on third party blog posts or by email (“Feedback”), will be and remain your exclusive property. However, in submitting Feedback to Zaccho, you hereby grant Zaccho the worldwide, sublicenseable, non-exclusive, royalty-free right and license to use, copy, disclose, display or perform publicly, distribute, improve and/or modify any Feedback you submit for any purpose whatsoever, without restriction and without compensation to you. Do not send to Zaccho any Feedback for which you are not comfortable granting such a license to Zaccho.
7. Trademarks. Zaccho trademarks, names and logos, icons and graphics appearing within this Site, unless otherwise noted, are trademarks (whether registered or not), service marks and/or trade dress of Zaccho (the “Zaccho Marks”). All other trademarks, product names, company names, logos, service marks and/or trade dress mentioned, displayed, cited or otherwise indicated within this Site are the property of their respective owners. You are not authorized to display or use the Zaccho Marks in any manner without Zaccho’s prior express written permission. You are not authorized to display or use trademarks, product names, company names, logos, service marks and/or trade dress of other owners featured within this Site without the prior written permission of such owners.
8. Your Obligations. In consideration of your use of this Site, you agree that, to the extent you provide any information or Feedback to Zaccho, the content of such information or feedback will be true, accurate, current and complete to the best of your knowledge, that you have the right to submit such Feedback and grant the license to Zaccho contained herein, and that you will update all information as necessary to correct any known errors or misstatements.
9. Your Use of the Site. You agree to use this Site in a manner consistent with any and all applicable rules and regulations. You agree not to upload or transmit through this Site any computer viruses, Trojan horses, worms or anything else designed to interfere with, interrupt or disrupt the normal operating procedures of a computer. Any unauthorized modification, tampering or change of any information, or any interference with the availability of or access to this Site is strictly prohibited. Zaccho reserves all rights and remedies available to it.
10. Infringement Notices. Zaccho respects the rights of intellectual property owners and asks its users to do the same. If you believe any content posted on the Site is infringing your copyright or trademark or the copyright or trademark of any third party, is libelous, or violates the rights of privacy or publicity of you or a third party, please notify Zaccho in accordance with the following procedure:
All notifications must be in writing and directed to Zaccho’s designated agent at the following mailing address or email address:
Zaccho SF
Attn: Managing Director
1777 Yosemite Ave., #330
San Francisco, CA 94124
Tel: (415) 822-6744
office@zaccho.org
Please make sure to include in each copyright infringement notification the following information:
a) A physical or electronic signature of the owner (or person authorized to act on behalf of the owner) of the copyright that is allegedly being infringed;
b) Specific identification of each copyrighted work claimed to have been infringed;
c) A description of where the material believed to be infringed is located on the Zaccho Site (e.g. hyperlink);
d) Contact information for the complaining party, including a complete name, address, telephone number, and email address;
e) A statement that the complaining party has a good faith belief that use of the work(s) in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
f) A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
11. DISCLAIMERS. ZACCHO MAKES NO REPRESENTATIONS OR WARRANTIES WITH RESPECT TO THIS SITE OR ITS CONTENT, OR ANY PRODUCT OR SERVICE AVAILABLE ON OR PROMOTED THROUGH THIS SITE. THIS SITE AND ALL OF ITS CONTENT ARE PROVIDED ON AN “AS IS,” “AS AVAILABLE” BASIS, WITHOUT REPRESENTATIONS OR WARRANTIES OF ANY KIND. TO THE FULLEST EXTENT PERMITTED BY LAW, ZACCHO, ON BEHALF OF ITS DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, SUPPLIERS, LICENSORS AND SERVICE PROVIDERS, DISCLAIMS ANY AND ALL REPRESENTATIONS AND WARRANTIES, WHETHER EXPRESS, IMPLIED, ARISING BY STATUTE, CUSTOM, COURSE OF DEALING, COURSE OF PERFORMANCE OR IN ANY OTHER WAY, WITH RESPECT TO THIS SITE, ITS CONTENT, AND ANY PRODUCTS OR SERVICES AVAILABLE OR PROMOTED THROUGH THIS SITE. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, ZACCHO AND THEIR SERVICE PROVIDERS AND LICENSORS DISCLAIM ALL REPRESENTATIONS AND WARRANTIES (A) OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE; (B) RELATING TO THE SECURITY OF THIS SITE; (C) THAT THE CONTENT OF THIS SITE IS ACCURATE, COMPLETE OR CURRENT; OR (D) THAT THIS SITE WILL OPERATE SECURELY OR WITHOUT INTERRUPTION OR ERROR. ZACCHO DOES NOT REPRESENT OR WARRANT THAT THIS SITE, ITS SERVERS OR ANY TRANSMISSIONS SENT FROM ZACCHO OR THROUGH THIS SITE WILL BE FREE OF ANY HARMFUL COMPONENTS (INCLUDING VIRUSES). Applicable law may not allow the limitation of certain warranties, so all or part of this disclaimer of warranties may not apply to you.
12. LIMITATION OF LIABILITY. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAWS, ZACCHO, ON BEHALF OF ITS DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, SUPPLIERS, LICENSORS AND SERVICE PROVIDERS, EXCLUDE AND DISCLAIM LIABILITY FOR ANY LOSSES AND EXPENSES OF WHATEVER NATURE AND HOWSOEVER ARISING INCLUDING, WITHOUT LIMITATION, ANY DIRECT, INDIRECT, GENERAL, SPECIAL, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN CONNECTION WITH THE USE OF THIS SITE. IF ANY PART OF THIS LIMITATION ON LIABILITY IS FOUND TO BE INVALID OR UNENFORCEABLE FOR ANY REASON, THE AGGREGATE LIABILITY OF THE RELEASED PARTIES FOR LIABILITIES THAT OTHERWISE WOULD HAVE BEEN LIMITED SHALL NOT EXCEED ONE HUNDRED DOLLARS ($100.00). Some jurisdictions do not allow certain kinds of limitations or exclusions of liability, so the limitations and exclusions set out in these Terms of Use may not apply to you. Other jurisdictions allow limitations and exclusions subject to certain conditions. In such a case, the limitations and exclusions set out in these Terms of Use shall apply to the fullest extent permitted by the laws of such applicable jurisdictions.
13. Links to Third-Party Websites. This Site may provide links to other websites operated by third parties. Because Zaccho has no control over third-party websites, Zaccho is not responsible for the availability of those websites and does not endorse and is not responsible or liable for any content, advertising, services, products, or other materials on or available from such websites. Zaccho 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 the use of or reliance on any content, advertising, services, products or other materials on or available from such websites. These Terms of Use do not apply to your use of third-party websites; your use of such websites is subject to the terms and policies of the owner of such websites.
14. Modification and Discontinuation. Zaccho reserves the right, from time to time and at any time, to modify, edit, delete, suspend or discontinue, temporarily or permanently, this Site (or any portion thereof) and/or the information, materials, products and/or services available through this Site (or any part thereof) with or without notice. You agree that Zaccho shall not be liable to you or to any third party for any such modification, editing, deletion, suspension or discontinuance of this Site.
15. Waiver. Any failure by Zaccho at any time to require performance of any provision of these Terms of Use or to exercise any right provided for herein will not be deemed a waiver of such provision or such right. All waivers must be in writing. Unless the written waiver contains an express statement to the contrary, no waiver by Zaccho of any breach of any provision of these Terms of Use or of any right provided for herein will be construed as a waiver of any continuing or succeeding breach of such provision, a waiver of the provision itself, or a waiver of any right under these Terms of Use.
16. Severability. If any provision of these Terms of Use is held by a court of competent jurisdiction to be contrary to law, such provision will be changed and interpreted so as to best accomplish the objectives of the original provision to the fullest extent allowed by law, and the remaining provisions of these Terms of Use will remain in full force and effect.
17. Governing Law, Jurisdiction and Venue. These Terms of Use will be governed under the laws of the State of California without regard to its conflicts of law provisions. All actions or proceedings commenced by you and arising out of or relating to these Terms of Use will be brought exclusively in state or federal court in the City and County of San Francisco, California. You hereby irrevocably consent and submit to the personal jurisdiction of said courts for all such purposes. Notwithstanding the foregoing, Zaccho retains the right to bring legal proceedings in any jurisdiction where Zaccho believes that infringement of these Terms of Use is taking place or originating.
18. Indemnity. You agree to indemnify and hold Zaccho and its directors, officers, employees agents, suppliers, licensors and service providers harmless from any loss, liability, claim or demand, including attorneys’ fees and costs, made by any third party due to or arising out of your use of this Site in violation of these Terms of Use and/or arising from a breach of these Terms of Use and/or any breach of your representations and warranties set forth above and/or if any material that you post using this Site causes or is alleged to cause Zaccho to be liable to another. Zaccho reserves the right to defend any such claim, and you agree to provide Zaccho with such reasonable cooperation and information as it may request.
19. These Terms of Use May Change. Zaccho reserves the right to update or modify these Terms of Use at any time, without prior notice, by posting the revised version of these Terms of Use behind the link marked “Terms of Use” on this Site. These changes will be effective as of the date the revised version is posted on this Site. Your continued use of this Site after the revised Terms of Use have been posted on this Site constitutes your agreement to be bound by the revised Terms of Use.
20. Entire Agreement. These Terms of Use (together with the Zaccho Privacy Policy) contain the entire understanding and agreement between you and Zaccho with respect to this Site and supersedes all previous communications, negotiations, and agreements, whether oral, written or electronic, between you and Zaccho with respect to this Site and your use of this Site.
21. Contact. If you have any questions about this Site or these Terms of Use, please contact Zaccho at:
Zaccho SF
Attn: Managing Director
1777 Yosemite Ave., #330
San Francisco, CA 94124
Tel: (415) 822-6744
office@zaccho.org
