Zenkit Terms of Service

Last Updated on September 14, 2015

Welcome to Zenkit! These Terms of Service (the “Terms”) and our Privacy Policy govern your access to and use of the Zenkit services and the Zenkit website, including any browser extensions, mobile applications and other downloadable apps we provide (collectively, “Zenkit”), so please read them carefully.

By using Zenkit, you are agreeing to these Terms. If you do not agree to these Terms, do not use Zenkit. If you are using Zenkit on behalf of an organization such as your employer, you are agreeing to these Terms on behalf of that organization, and represent and warrant that you have the authority to agree to these terms on the organization's behalf. In that case, “you” and “your” will refer to that organization.

We may periodically revise the Terms. If a revision is material, as determined solely by us, we will notify you for example via email. The current version of our Terms will always be posted on our Terms page, so please check back regularly. By continuing to use Zenkit after revisions become effective, you are agreeing to the revised Terms. If you do not agree to the revised Terms, please stop using Zenkit.

Zenkit Account

To use Zenkit, you'll need to create an account, either via Zenkit or through a third-party service such as Google. In the latter case, personal information you provided to that third party, such as your name, email address and other information your privacy settings on that service allow us to access, will be used to create your Zenkit account.

You are responsible for safeguarding your Zenkit login credentials. You are responsible for activity on your account, whether or not you authorized that activity. You should immediately notify us of any unauthorized use of your notes and account or any other breaches of security. Zenkit will not be liable for any acts or omissions by you, including any damages of any kind incurred as a result of such acts or omissions.

Zenkit Content

By using Zenkit, you provide us with text, images, file attachments, and other information (“your content”). You retain full ownership of your content. These Terms don't give us any rights to your content except for the limited rights that enable us to offer the services.

We need your permission to, for example, host your content, back it up, and share it when you ask us to. Our services also provide you with features like sorting, editing, sharing and searching your content. These and other features may require our systems to access, store, and scan your content. You give us permission to do those things, and this permission extends to our affiliates and trusted third parties we work with.

You can remove your content by deleting it. However, in certain instances, some of your content may not be completely removed (when your data is shared with someone else, for example). We are not responsible or liable for the removal or deletion of any of your content, or the failure to remove or delete such content.

You are solely responsible for your content and indicate that you own or have the necessary rights to all of your content, and that use of your content does not infringe, misappropriate or violate a third party’s intellectual property rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation.

You must not add content in a misleading or unlawful manner, including in a manner intended to trade on the name or reputation of others. Zenkit may change or remove any content that it considers inappropriate or unlawful, or otherwise likely to cause Zenkit liability.

Use of Zenkit

Zenkit is owned by Axonic Informationssysteme GmbH and its licensors and are protected by German and international copyright, trademark, patent, trade secret and other intellectual property or proprietary rights laws.

You may only use Zenkit as permitted by law, including all applicable federal, state, local or international law or regulation.

If you post material to the website or otherwise make (or allow any third party to make) material available by means of the website (any such material, “content”), you are entirely responsible for the content of, and any harm resulting from, that content. By making content available, you represent and warrant that:

  • the downloading, copying and use of the content will not infringe the proprietary rights, including but not limited to the copyright, patent, trademark or trade secret rights, of any third party;
  • if your employer has rights to intellectual property you create, you have either (i) received permission from your employer to post or make available the content, including but not limited to any software, or (ii) secured from your employer a waiver as to all rights in or to the content;
  • you have fully complied with any third-party licenses relating to the content, and have done all things necessary to successfully pass through to end users any required terms;
  • the content does not contain harmful content;
  • the content is not spam, is not machine- or randomly-generated, and does not contain unethical or unwanted commercial content designed to drive traffic to third party sites or boost the search engine rankings of third party sites, or to further unlawful acts (such as phishing) or mislead recipients as to the source of the material (such as spoofing);
  • the content is not pornographic, does not contain threats or incite violence, and does not violate the privacy or publicity rights of any third party;
  • your content is not getting advertised via unwanted electronic messages such as spam links on newsgroups, email lists, other web sites, and similar unsolicited promotional methods;
  • your content is not presented in a manner that misleads your readers into thinking that you are another person or company; and
  • you have, in the case of content that includes computer code, accurately categorized and/or described the type, nature, uses and effects of the materials, whether requested to do so by Zenkit or otherwise.

You can also give other Zenkit users your permission to share your content and add their own content to it.

If you delete content, Zenkit will use reasonable efforts to remove it from the website, but you acknowledge that caching or references to the content may not be made immediately unavailable.

Without limiting any of those representations or warranties, Zenkit has the right (though not the obligation) to, in Zenkit’s sole discretion (i) refuse or remove any content that, in Zenkit’s reasonable opinion, violates any Zenkit policy or is in any way harmful or objectionable, or (ii) terminate or deny access to and use of the website to any individual or entity for any reason, in Zenkit’s sole discretion. We have the right to investigate violations of these Terms and may also consult and cooperate with law enforcement authorities to prosecute users who violate the law. Zenkit will have no obligation to provide a refund of any amounts previously paid.

Copyright Infringement and DMCA Policy

As Zenkit asks others to respect its intellectual property (IP) rights, it respects the intellectual property rights of others. If you believe that material located on or linked to by Zenkit violates your copyright, you are encouraged to notify Zenkit at copyright@zenkit.com and include the following information:

  1. Your full legal name and electronic or physical signature
  2. A description of the copyrighted work or other item that you believe has been infringed
  3. Enough information to properly identify and locate that content (including the relevant URL)
  4. Contact information, including telephone number, and email address
  5. The following statements in the body of notice:
    • “I hereby state that I have not authorized the challenged use, and I have a good-faith belief that the challenged use is not authorized by law.”
    • “I hereby state under penalty of perjury that all of the information in the notification is accurate and that I am the owner of the IP, or authorized to act on behalf of the owner of the IP.”

Zenkit will respond to such notices, including as required or appropriate by removing the infringing material or disabling all links to the infringing material. Zenkit will terminate a visitor’s access to and use of the website if, under appropriate circumstances, the visitor is determined to be a repeat infringer of the copyrights or other intellectual property rights of Zenkit or others. In the case of such termination, Zenkit will have no obligation to provide a refund of any amounts previously paid to Zenkit.

Intellectual Property

This agreement does not transfer from Zenkit to you any Zenkit or third party intellectual property, and all right, title and interest in and to such property will remain (as between the parties) solely with Zenkit. Zenkit and the Zenkit logo, and all other trademarks, service marks, graphics and logos used in connection with Zenkit, or the website are trademarks or registered trademarks of Zenkit or Zenkit’s licensors. Other trademarks, service marks, graphics and logos used in connection with the website may be the trademarks of other third parties. Your use of the website grants you no right or license to reproduce or otherwise use any Zenkit or third-party trademarks.

Attribution

Zenkit reserves the right to display attribution links such as ‘created using Zenkit’ or ‘powered by Zenkit’ in your published content.

Children under 13 and Zenkit

Zenkit is not directed to children, and we expect that any use by children will only be done with the guidance, supervision and consent of their parents, guardians and/or authorized school officials. Zenkit relies on parents and guardians to ensure that minors only use Zenkit if they can understand their rights and responsibilities as laid out in these Terms of Service and in our Privacy Policy.

Responsibility of Website Visitors

Zenkit has not reviewed, and cannot review all of the material posted to the website, and cannot therefore be responsible for that material’s content, use or effects. By operating the website, Zenkit does not represent or imply that it endorses the material there posted, or that it believes such material to be accurate, useful or non-harmful. You are responsible for taking precautions as necessary to protect yourself and your computer systems from harmful or destructive content. The website may contain content that is offensive, indecent, or otherwise objectionable, as well as content containing technical inaccuracies, typographical mistakes, and other errors. The website may also contain material that violates the privacy or publicity rights, or infringes the intellectual property and other proprietary rights, of third parties, or the downloading, copying or use of which is subject to additional terms and conditions, stated or unstated. Zenkit disclaims any responsibility for any harm resulting from the use by visitors of the website, or from any downloading by those visitors of content there posted.

Payment and Renewal

General Terms

By subscribing to a Zenkit account, you agree to pay for services detailed in the purchase agreement according to the rules of the agreement. Fees are not refundable.

Information storage

Zenkit servers may not be located in your home country. By using the site and providing us with your personal information, you agree that your personal information can be transferred and saved to Zenkit servers.

Changes

We are constantly updating our services, and that means sometimes we have to change the legal terms under which our services are offered. If we make changes that are material, we will let you know by posting on our blog, or by sending you an email or other communication before the changes take effect. The notice will designate a reasonable period of time after which the new Terms will take effect. If you disagree with our changes, then you should stop using Zenkit within the designated notice period. Your continued use of Zenkit will be subject to the new Terms. However, any dispute that arose before the changes shall be governed by the Terms (including the binding individual arbitration clause) that were in place when the dispute arose.

Termination

Zenkit may terminate your access to all or any part of the website at any time, with or without cause, with or without notice, effective immediately. If we suspend or terminate your use of Zenkit, we will try to let you know in advance and help you retrieve data, though there may be cases (for example, flagrantly violating these Terms) where we may suspend immediately. If you wish to terminate this Agreement or your Zenkit account (if you have one), you may simply discontinue using the website. All provisions of this Agreement which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.

Warranty Disclaimers

Zenkit services are provided “as is”. Axonic Informationssysteme GmbH and its suppliers and licensors hereby disclaim all warranties of any kind, express or implied, including, without limitation, the warranties of merchantability, fitness for a particular purpose and non-infringement. Neither Axonic Informationssysteme GmbH nor its suppliers and licensors, makes any warranty that the website will be error free or that access thereto will be continuous or uninterrupted. You understand that you download from, or otherwise obtain content or services through, the website at your own discretion and risk. Axonic Informationssysteme GmbH will have no responsibility for any harm to your computer system, loss or corruption of data, or other harm that results from your access to or use of Zenkit. Some states do not allow the types of disclaimers in this paragraph, so they may not apply to you.

Limitation of Liability

In no event will Axonic Informationssysteme GmbH, or its suppliers or licensors, be liable with respect to any subject matter of this agreement under any contract, negligence, strict liability or other legal or equitable theory for: (i) any special, incidental or consequential damages; (ii) the cost of procurement for substitute products or services; (iii) for interruption of use or loss or corruption of data; or (iv) for any amounts that exceed the fees paid by you to Axonic Informationssysteme GmbH under this agreement during the twelve (12) month period prior to the cause of action. Axonic Informationssysteme GmbH shall have no liability for any failure or delay due to matters beyond their reasonable control. The foregoing shall not apply to the extent prohibited by applicable law.

Indemnity

You agree to indemnify and hold harmless Axonic Informationssysteme GmbH, its contractors, and its licensors, and their respective directors, officers, employees and agents from and against any and all claims and expenses, including attorneys’ fees, arising out of your use of the website, including but not limited to your violation of this Agreement.

General Terms

The Terms of Use, the Site and the Services are governed by German law exclusively. Any claim or dispute in relation to your use of the site and/or of the services which cannot be resolved or settled by the parties to the Terms of Use may only be brought before the competent court in Mannheim, Germany, which shall have exclusive jurisdiction.

These Terms constitute the entire and exclusive agreement between you and Axonic Informationssysteme GmbH, and supersede and replace any other agreements, terms and conditions. These Terms create no third party beneficiary rights. Axonic Informationssysteme GmbH’s failure to enforce a provision is not a waiver of its right to do so later. If a provision is found unenforceable, the remaining provisions of the Agreement will remain in full effect and an enforceable term will be substituted reflecting our intent as closely as possible. You may not assign any of your rights in these Terms without our written consent, and any such attempt will be null and have no effect. Axonic Informationssysteme GmbH may freely assign or transfer these terms without restriction. Except as expressly set forth in these Terms, the exercise by either party of any of its remedies under these Terms will be without prejudice to its other remedies under these Terms or otherwise.

International Use

Recognizing the global nature of the Internet, You agree to comply with all local rules regarding online conduct and acceptable user content. Specifically, you agree to comply with all applicable laws regarding the transmission of technical data exported from the country in which you reside.

These Terms of Use are effective as of September 14, 2015.

Contact Information

If you have any questions about these Terms, please contact us at: legal@zenkit.com

Or the following physical address:

Axonic Informationssysteme GmbH
ATTN: Zenkit
Kaiserstraße 241
76133 Karlsruhe
Germany