Effective as of July 12, 2020
Your access to and use of the Sites is conditioned on your acceptance of and compliance with these Terms. These Terms apply to all visitors, users and others who access or use the Site. By accessing or using the Site you agree to be bound by these Terms. If you disagree with any part of the Terms then you should discontinue access or use of the Site.
ARBITRATION NOTICE: EXCEPT IF YOU OPT-OUT AND EXCEPT FOR CERTAIN TYPES OF DISPUTES DESCRIBED IN THE ARBITRATION SECTION BELOW, YOU AGREE THAT DISPUTES BETWEEN YOU AND ZAFTYG WILL BE RESOLVED BY BINDING, INDIVIDUAL ARBITRATION AND YOU WAIVE YOUR RIGHT TO PARTICIPATE IN A CLASS ACTION LAWSUIT OR CLASS-WIDE ARBITRATION.
ABILITY TO USE THE SITE
In order to accept the Terms and to use the Site, you must be at least 18 years of age (“Minimum Age”). The Site not intended for users under the Minimum Age. You hereby affirmatively represent that (a) you are at least the Minimum Age in the applicable country; (b) you have the consent of your parent(s) to use the Site if you are under 18 years of age; (c) you have all the applicable rights and authority to grant ZAFTYG the rights granted in these Terms; and (d) you have read, understood, and agree to be bound by these Terms. If you are not at least the Minimum Age, do not have parental consent, or you do not agree to all the terms and conditions of these Terms, you may not use the Site.
You understand and accept that all information, data, text, software, music, sound, photographs, graphics, audio, video, message or other material appearing on this Site (collectively, “Content”) are owned by ZAFTYG or it’s licensors. You are expressly prohibited from using any Content without the express written consent of ZAFTYG or its licensors. Except as otherwise stated in these Terms, none of the material may be reproduced, distributed, republished, downloaded, displayed, posted, transmitted, or copied in any form or by any means, without the prior written permission of ZAFTYG, and/or the appropriate licensor. Permission is granted to display, copy, distribute, and download the materials on this Site solely for personal, non-commercial use provided that you make no modifications to the materials and that all copyright and other proprietary notices contained in the materials are retained. You may not, without ZAFTYG’s express written permission, ‘mirror’ any material contained on this Site or any other server. Any permission granted under these Terms terminates automatically without further notice if you breach any of the above terms. Upon such termination, you agree to immediately destroy any downloaded and/or printed materials. Any unauthorized use of any material contained on this Site may violate domestic and/or international copyright laws, the laws of privacy and publicity, and communications regulations and statutes.
ANY USE OF THE SERVICES NOT SPECIFICALLY PERMITTED UNDER THESE TERMS IS STRICTLY PROHIBITED.
CHANGE IN TERMS
We may from time to time change the terms that govern your use of our Site. We may change, move or delete portions of, or may add to, our Site from time to time. If we make material changes to the Terms, we will notify you by email or through a message posted on the Site. Your continued use of our Site following any such change constitutes your agreement and affirmative acceptance to follow and be bound by the modified Terms. If you do not agree to, or cannot comply with, the Terms as modified, you must stop using the Site. My using this site you agree to not sue Zaftyg, partners, or it’s affiliates.
ZAFTYG VIDEO/PHOTOGRAPH RELEASE
By submitting your interview in any form to Zaftyg LLC or it’s directors, contractors or freelancers, you agree to be interviewed and/or photographed, audio of your voice recorded, and my physical appearance and/or likeness captured in video images by Zaftyg LLC (or a contracted photographer) for the purpose of inclusion in their book, blog, magazine articles/newspaper articles, YouTube videos, podcast, film or television recordings, and radio programs.
You hereby grant Zaftyg LLC the irrevocable right and permission to use photographs, and/or audio recordings, and/or video recordings of me on zaftyg.com and other websites, and social media channels, and in publications, promotional flyers, educational materials, derivative works, or for any other similar purpose without compensation to you. You are aware that you have not been promised, nor do will you expect to receive any personal financial gain from Zaftyg LLC, or the news media, as a result of this agreement.
You understand and agree that such photographs, and/or audio recordings, and/or video recordings of me will be placed on the Internet. You also understand and agree that you may be identified by name and/or title in printed, Internet, or broadcast information that might accompany the photographs, and/or audio recordings, and/or video recordings of yourself. You waive the right to approve the final product. You agree that all such portraits, pictures, photographs, video, and audio recordings, and any reproductions thereof, and all plates, negatives, recording tape, and digital files are and shall remain the property of Zaftyg LLC.
You hereby release, acquit and forever discharge Zaftyg LLC, its current and former trustees, agents, officers, and employees of the above-named entities from any and all claims, demands, rights, promises, damages, and liabilities arising out of or in connection with the use, or distribution of said photographs, and/or audio recordings, and/or video recordings, including but not limited to any claims for invasion of privacy, appropriation of likeness, or defamation. This action is done by my your own free will without any threats, promises, coercion, inducements, or requirements to do so.
You grant to Zaftyg LLC the exclusive world rights to the photographs, and/or audio recordings, and/or audio video, and/or story as written. This grant shall extend to all formats, languages, and editions for the term of copyright. Zaftyg LLC is the sole copyright owner of all audio recordings, and/or video recordings, and/or stories as written. You understand that you can only share an excerpt of the photographs, and/or audio recordings, and/or audio video, and/or story with Zaftyg LLC’s permission. You also understand that your photographs, and/or audio recordings, and/or audio video, and/or story may be further edited by the publisher of any given publication in which they appear.
You acknowledge that any opinions, statements and comments that you make are solely my own and do not necessarily reflect the opinions of Zaftyg LLC, or the media outlet where the photographs, and/or audio recordings, and/or audio video, and/or story will appear.
You hereby warrant that you are are eighteen (18) years old or more, and competent to contract in my own name or, if you are less than eighteen years old, that your parent or guardian will signed a release form provided by Zaftyg LLC upon request. This release is binding on me and my heirs, assigns, and personal representatives.
SUBMISSION OF CONTENT; COMMENTS, IMAGES, VIDEOS AND OTHER CONTENT
For any content you provide to ZAFTYG, on or by the Site, or otherwise disclose, submit or offer in connection with your use of this Site or other websites such as Facebook or Instagram that may interact with this Site, including comments, ideas, images, photographs, video clips, audio clips, graphics, tags, data, materials, information, and other submissions, including submissions with any hashtags such as #ZAFTYG or #ZAFTYGLUX #ZAFTYGCHIC #ZAFTYGBASIC #ZHEALTH #ZAFTYHEALTH #ZAFTYGMENTALHEALTH #ZMENTALHEALTH #ZWOMEN #ZLIFE #ZLYFE #ZLIFESTYLE #ZAFTYGLIFETYLE #ZJOURNALIST #ZEDITORIAL #ZAFTYGTRAVEL #ZAFTYGHEMP #ZAFTYGCBD #ZAFTYGMJ #ZAFTYGMARIJUANA #ZAFTYGKUSH #ZAFTYGORGANIC #ZAFTYGVVEGAN #ZRING #ZAFTYGRING #ZAFTYGFINE #ZFINEJEWELRY #ZLUXURY #ZTRAVEL #ZEDITORIAL #ZJOURNALIST #ZTRUSTEPARTNER #ZAFTYGPARTNER #ZINTERN #ZAFTYGINTERN #ZAFTYGJEWELRY #ZAFTYGSWIM #ZAFTYGBEAUTY #ZAFTYGWOMAN #ZAFTYGWOMEN #ZAFTYGLIVEBOLDLY #ZAFTYGZULTANITE #ZULTANITESETTING #ZULTANITEZAFTYG #ZAFTYGPLUS #ZLBGTQI #ZAFTYGCOLORS #ZAFTYGPOLITICS #ZASTRO #ZAFTYGASTROLOGY #ZAFTYGMETAPHYSICS #ZAFTYGMAGAZINE #SHOPZAFTYG #ZAFTYGSHOP
(collectively, ‘User Content’), you specifically grant us a non-exclusive, transferable, sub-licensable, royalty-free, fully paid up, worldwide license (but not the obligation) to use any User Content that you post on or in connection with ZAFTYG (“IP License”). The IP License includes, for example and without limitations, the right and license to use, reproduce, modify, edit, adapt, publish, translate, create derivative works from, distribute, perform and display such material (in whole or part) worldwide and/or to incorporate it in other works in any form, media, or technology now known or later developed, in both digital and physical owned channels, and will not be limited in any way in its use or modifications to the submission, whether for commercial purposes or not, of the User Content. In certain circumstances ZAFTYG may also share your contribution with trusted third parties. You are also granting us a non-exclusive, transferable, sub-licensable, royalty-free, fully paid up, worldwide license (but not the obligation) to use your name, likeness, personality, voice, or any other materials or information you provide to ZAFTYG in connection with your content.
ZAFTYG is not and shall not be under any obligation (1) to maintain any User Content in confidence; (2) to pay you any compensation for any User Content; (3) to credit or acknowledge you for User Content; or (4) to respond to any User Content.
You understand and agree that it is your obligation to make sure the User Content you submit to the Site must not violate the rights of any third party, including copyright, trademark, privacy or other personal or proprietary right(s). You also understand and agree that User Content you submit to the Site must not be and will not contain libelous or otherwise unlawful, abusive, obscene, or otherwise objectionable material in ZAFTYG’s sole discretion. For example, and without limitation, you may not post violent, nude, partially nude, discriminatory, unlawful, infringing, hateful, pornographic or sexually suggestive photos or other content via the Site or other websites such as Facebook or Instagram that may interact with this Site.
You are and shall remain solely responsible for any User Content you submit on the Site. You agree that ZAFTYG may use and/or disclose information about your demographics and use of the Site in any manner that does not reveal your identity.By participating in Site sweepstakes, contests, promotions, and/or requesting promotional information or product updates, you agree that ZAFTYG may use your information for marketing and promotional purposes.
When you publish content or information using the “Public” setting, it means that you are allowing everyone, including other Website users, to access and use that information, and to associate it with you (i.e. your name and profile picture). We advise that you never reveal any personal information about yourself or anyone else (telephone number, home address, business address, delivery address or email address or any other details that would allow you to be personally identified).If you do not want to grant ZAFTYG the permission set out above on these terms, please do not submit User Content.
ZAFTYG’S COMMUNICATIONS TO YOU
You agree that ZAFTYG may send electronic mail to you for the purpose of advising you of changes or additions to this Site, about any of ZAFTYG’s products or services, or for such other purpose(s) as ZAFTYG deems appropriate.
Any contests or promotions described or posted on this Site shall be governed by the rules regulating such event.
Most ZAFTYG products displayed at the Site are available in select ZAFTYG online stores while supplies last. In some cases, merchandise displayed for sale at the Site may not be available in ZAFTYG stores. The prices displayed at the Site are quoted in U.S. Dollars and are valid and effective only in the United States.
We have made every effort to display, as accurately as possible, the colors of our products that appear at the Site. However, as the actual colors you see will depend on your monitor, we cannot guarantee that your monitor’s display of any color will be accurate.
LINKS TO OTHER WEB SITES AND SERVICES
To the extent that this Site contains links to outside services and resources, the availability and content of which ZAFTYG does not control, any concerns regarding any such service or resource, or any link included on the Site, should be directed to the particular outside service or resource. ZAFTYG has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party web sites or services.
SOME JURISDICTIONS MAY NOT PERMIT THE EXCLUSION OF CERTAIN WARRANTIES. TO THE EXTENT APPLICABLE LOCAL LAW SPECIFICALLY AND EXPRESSLY PROHIBITS SUCH EXCLUSIONS, THOSE SUCH EXCLUSIONS SET FORTH BELOW MAY NOT APPLY TO YOU.This site and all contents of the site are provided on an ‘as is’ basis without warranties of any kind, either express or implied, including, without limitation, warranties of title, noninfringement, implied warranties of merchantability, or fitness for a particular purpose. you acknowledge, by your use of the site, that your use of the site is at your sole risk, that you assume full responsibility for all costs associated with all necessary servicing or repairs of any equipment you use in connection with your use of our site, and that ZAFTYG shall not be liable for any damages of any kind related to your use of this site.
From time to time there may be information on the Site that contains typographical errors, inaccuracies, or omissions that may relate to product descriptions or availability. We reserve the right to correct any errors, inaccuracies or omissions and to change or update information at any time without prior notice (including after you have submitted your order). Price and availability information contained on this site is subject to change without notice. ZAFTYG shall not be bound by any errors or omissions in posting product information or prices with respect to any products or services offered on the Site. All materials and information presented by ZAFTYG on the Site are intended to be used for informational purposes only.
SUBJECT TO APPLICABLE LAW, INCLUDING WITH RESPECT TO LIABILITY FOR PERSONAL INJURY OR NON-WAIVABLE STATUTORY RIGHTS UNDER CALIFORNIA LAW, IN NO EVENT SHALL ZAFTYG OR ITS OFFICERS, DIRECTORS, EMPLOYEES, SHAREHOLDERS OR AGENTS (A) BE LIABLE TO THE USER WITH RESPECT TO USE OF THE SITES, THE CONTENT OR THE MATERIALS CONTAINED IN OR ACCESSED THROUGH THE SITES (INCLUDING WITHOUT LIMITATION ANY DAMAGES CAUSED BY OR RESULTING FROM RELIANCE BY A USER ON ANY INFORMATION OBTAINED FROM ZAFTYG), OR ANY DAMAGES THAT RESULT FROM MISTAKES, OMISSIONS, INTERRUPTIONS, DELETION OF FILES OR EMAIL, ERRORS, DEFECTS, VIRUSES, DELAYS IN OPERATION OR TRANSMISSION OR ANY FAILURE OF PERFORMANCE, WHETHER OR NOT RESULTING FROM ACTS OF GOD, COMMUNICATIONS FAILURES, THEFT, DESTRUCTION, FRAUD, OR UNAUTHORIZED ACCESS TO ZAFTYG’S RECORDS, PROGRAMS OR SERVICES; AND (B) BE LIABLE TO THE USER FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, PUNITIVE OR EXEMPLARY DAMAGES, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF GOODWILL, LOST PROFITS, LOSS, THEFT OR CORRUPTION OF USER INFORMATION, OR THE INABILITY TO USE THE SITES OR ANY OF THEIR FEATURES. THE USER’S SOLE REMEDY IS TO CEASE USE OF THE SITES.
YOU MAY OPT OUT OF THIS AGREEMENT TO ARBITRATE. If you do so, neither you nor ZAFTYG can require the other to participate in an arbitration proceeding. To opt out, you must notify ZAFTYG in writing within 30 days of the date that you first became subject to this arbitration provision. You must use this address to opt out:
- ZAFTYG, LLC. ATTN: Arbitration Opt-out (Legal Department)
- 727 W. 7TH ST. SUITE #610
- Los Angeles, CA 90017
You must include your name and residence address, the email address you use for your ZAFTYG account (if any), and a clear statement that you want to opt out of this arbitration agreement.
If the prohibition against class actions and other claims brought on behalf of third parties contained above is found to be unenforceable, then all of the preceding language in this Arbitration section will be null and void. This arbitration agreement will survive the termination of your relationship with ZAFTYG.
Time limitation on claims
You agree that any claim you may have arising out of or related to your relationship with ZAFTYG must be filed within one year after such claim arose; otherwise, your claim is permanently barred.
Governing law & venue
ZAFTYG is a registered trademark, service mark, and/or trade name of ZAFTYG LLC. All other trademarks, service marks, and trade names contained in the Site are the properties of the respective owners. ZAFTYG disclaims any proprietary interest in trademarks, service marks and trade names other than its own. No use of these marks may be made without the prior written authorization of ZAFTYG, except as necessary to accurately identify the products or services of ZAFTYG.
You may reach us at: PR@zaftyg.com
ZAFTYG LLC727 W. 7TH ST. Suite 610
Los Angeles, CA 90017