Terms of Use

Welcome, Zibaba Ltd. develops and offers a distributed social shopping marketplace ("Social Shopping Network") to enable improved shopping experiences and connect people with their social connections and other people who have mutual interests. The services offered by Zibaba include a website - Zibaba.com ("Website"), widgets ("Widgets"), customized pages ("Customized Pages") in social communities, web portals and organizations with internal websites, and other features, content or applications, as may be offered in the future, in connection with the distributed social shopping marketplace (collectively referred to as the "Services"). This Terms of Use Agreement (the "Terms") sets the legally binding terms for using the Services, between you and Zibaba Ltd, governing your participation in the Services. By using, accessing or registering as a member of the Services you agree to be bound by and hereby become a party to all the terms of this Agreement. If you do not agree with the terms and conditions in this Agreement, you may not use the Services.

Modifications to Terms: Zibaba reserves the right to change or modify the Terms, Privacy Policy, or Copyright Policy from time to time. We can amend these Agreements either by emailing you about the amended terms, which take effect when we send you the email, or by posting the amended terms on the Services, which take effect when we post them. By continuing to access or use the Services after any such amendment, you agree to be bound by the terms of the amended Agreement. Otherwise, this Agreement may be amended only by a writing physically signed by us.

Eligibility to Use the Services: By using the Services, You represent that: a) Your use of the Services does not violate any applicable law or regulation; b) all required information that You submit or post in the Services in order to use the Services is accurate and You will maintain the accuracy of the information; c) You are using the Services for personal, non-commercial use. If Zibaba is informed or has reason to believe that you are not eligible to use the Services or that You become ineligible, Your use may be terminated without notice and Your account may be deleted. You do not have any right to use the Services for commercial use and if You wish to use the Services for commercial use, You must first contact Zibaba (at: info@zibaba.com) to get prior written approval and will be required to enter into separate agreement with Zibaba.

The Services are not targeted towards, nor intended for use by anyone under the age of 18. By using the Services, you represent and warrant that you are 18 years of age or older. If you are not at least 18 years of age, do not use access or register for the Services. We reserve the right to terminate your membership in the event that Zibaba becomes aware you are under 18.

Changes in the Services: Zibaba reserves the right to suspend, discontinue, delete, modify, or remove any content or service offered from time to time, without prior notice, without reason or liability, and/or to offer certain services only in various versions or in selected times, based on Zibaba's sole discretion. In addition, Zibaba may charge You, in the future, for services which are currently available for free. Zibaba may also offer, in the future, services for commercial users or API-Based services which will require entering into separate agreement with Zibaba (for more information contact: info@zibaba.com)

Registration

Certain features and services of the Services (for example, Zibaba membership) require that you register on the Services (for Example, Widget, Website). You agree as a condition of use and registration that we may contact you to inform you of changes to this Agreement or describe new services available on the Services. You are responsible for safeguarding the password that you use to access any secure areas of the Services. You agree not to disclose your password to any third party. You agree to take sole responsibility for any activities or actions under your password, whether or not you have authorized such activities or actions. You will immediately notify Zibaba of any unauthorized use of your password.

Registered Users: Certain Services require registration in order to be able to enjoy certain functionalities. Zibaba reserves the right to decide which functionalities require registration or will require registration in the future.

Registered User Information: The registration process may require the User to provide information regarding, but not limited to, his/her citizenship, address, hobbies, expertise, or other information. Once You register as a registered User, You represent and warrant all registration information You submit is accurate and truthful and that You agree to update and maintain the accuracy of such information. You further represent and warrant that Your use of the Services shall not violate any applicable law or regulation. Zibaba reserves the right to terminate the account or refuse any or all use the Services of a registered User if registration information submitted seems or proves to be false, inaccurate or incomplete. The registration process also requires the User to enter an e-mail address as a user name ("User Name") and password. Zibaba will, in accordance with its Privacy Policy, keep Your User Name and password confidential. You are responsible for maintaining the confidentiality of Your User Name and password and for logging out of Your account at the end of each session. Registration of more than one account per individual is not permitted and automatic generation of multiplied accounts by individuals or companies is restricted and may lead to legal action.

Registered User Photo: In the course of the registration process and thereafter, You may be entitled to upload photos to your profile. The photos you upload may not contain nudity, obscenity, sexually explicit material or contain images of people which have not given explicit permission to be publicly viewed in these photos. In addition, an attempt to impersonate other person/s is strictly prohibited and may lead to legal action.

Claiming a Profile: Zibaba may enable Users, in the future, the functionality to claim ownership in a profile which was generated automatically by Zibaba's system to represent the aggregated information regarding a person that correlates to the profile's identifiers (the "Profile"). In order to claim a Profile, the User must be a registered user in the Website. In the process of claiming a profile, the registered User will be required to authenticate his/her identity and provide information that can confirm ownership of the identifier which is associated with the Profile. In certain cases, the Profile may be linked to an external site with an independent authentication process, such as username and password, and the User will be required to provide the username and password in order to claim the Profile. The provided password will not be stored by Zibaba in any way. Zibaba will ensure that once a User's authentication process is completed, no record of the password is left in the Service's log files, database or archive.

Profile Ownership Dispute Resolution: Zibaba implements authentication measures to prevent fraudulent or false claiming of a Profile. However, Zibaba can not ensure that such activity may not occur. If You have grounds to believe that You own the rights in a Profile which was already claimed by another, You are entitled to initiate a complaint process by reporting the wrongly claimed profile to Zibaba (at: support@zibaba.com). Once notified of an allegedly wrongly claimed profile, Zibaba will examine the claims and if deemed necessary, exercise an internal dispute resolution process to resolve the dispute and assign the profile to the rightful owner. Zibaba may prevent, in its sole discretion, access to a Profile in the course of the dispute resolution process.

User Conduct

Zibaba provides a number of different Services to assist you in your shopping for products. Zibaba provides information regarding products/services and third-party merchants, and links to third-party merchants that are selling listed products. The products listed on the Services are sold by third-party merchants, not by Zibaba. Zibaba provides information regarding products/services from your social connection.

You acknowledge that Zibaba does not sell, resell or license any products/services listed on the Services, nor is Zibaba acting as an agent of sale. We are merely making it easier for you to buy from merchants who choose to offer goods/services using the Services. You acknowledge that Zibaba disclaims any responsibility for or liability related to such products/services (see Disclaimer of Warranties below). You agree to direct any question, complaint or claim about merchants/service providers (for example, about their products, customer service for their products or delivery) to the appropriate merchant or seller.

Zibaba does not warrant that product/service descriptions, pricing, editorial commentary or any other content on the Services, regardless of its source, is accurate, complete, reliable or current. Zibaba Services content is provided for informational purposes only and does not constitute an endorsement by Zibaba of any product, service or merchant. You should not rely on such information in situations where its inaccuracy would cause you to suffer any loss (see Disclaimer of Warranties and Liability Limits below). Zibaba assumes no liability for inaccuracy or incompleteness in its search results, editorial content, member content/social content, ratings (e.g., user merchant rating or user product rating), reviews or other content on the Services.

Consumer content/post (e.g reviews, ratings, pros/cons, recommendations, messages, your social content or member content) on the Services are from our members who have elected to post content on the Services or from 3rd party sites. As such, these contents are informative for those wishing to use them, but they do not guarantee any level of performance by a merchant/service provider/member or other third party in any given transaction.

Participating merchants and other third parties may pay Zibaba to be presented on the Services or to have their product or service offerings placed in our marketplace and may also purchase research from Zibaba, but in no event do such payments affect the content given to any merchant by participating members.

You may download, view and print a single copy of any content, solely for your personal and non-commercial purposes, subject to the restrictions set forth in this Agreement. All right, title and interest in and to the Services and any content appearing on the Services will remain the exclusive property of Zibaba and its licensors. Except as expressly permitted in this Agreement, you may not reproduce, modify or prepare derivative works based upon, distribute, sell, transfer, publicly display, publicly perform, transmit or otherwise use the Services or any other content appearing on the Services. You may not copy or modify the HTML code used to generate web pages on the Services. You may not use the Services, or any other content appearing on the Services, on or in connection with any other website for any purpose.

By contributing or submitting any content to the Services, you warrant that you are the author and owner of the intellectual property rights thereto, and you grant Zibaba, perpetual, irrevocable, royalty-free, transferable right and license to use, copy, modify, delete in its entirety, adapt, publish, translate, create derivative works from, sell and distribute, or incorporate such materials into any form, medium or technology, without compensation to you. In addition, you warrant that all "moral rights" that you may have in those materials have been voluntarily waived by you. None of the materials shall be subject to any obligation of confidence on the part of Zibaba, its agents, subsidiaries, affiliates, co-brand partners or other partners and their respective directors, officers and employees. Zibaba reserves the right to change or delete any content on the Services that Zibaba deems, in its sole discretion, to violate the content guidelines or any other provision of this Agreement.

License in User's Posted Content: The Services include Content that You may submit, post or display. No compensation will be paid with respect to the Content that You submit, upload, post, transmit or otherwise make available through the Services. By submitting, posting or displaying the content on the Services, You give Zibaba a irrevocable, perpetual, worldwide, non-exclusive, fully-paid and royalty-free, license (with the right to sublicense) to reproduce, adapt, modify, translate, publish, publicly perform, publicly display and distribute any Content which You submit, post, display on or through the Services. The Content may be reproduced, adapted, modified, translated, published, publicly performed, publicly displayed and distributed all in accordance with the Privacy Policy. You acknowledge that in performing these activities, Zibaba may technically need to transmit or distribute the Content over various networks or in various media, and may make changes to the Content to conform or adapt to the technical requirements of connecting networks, devices, services and media. You confirm and warrant that You have all the rights, power and authority to grant the above license. By uploading Content via the Services, You expressly agree to share the Content with others under these Terms set forth herein.

The intellectual property rights in or relating to the content of any notes, messages, e-mails, postings, letters, ideas, suggestions, concepts or other written materials which you submit or communicate to Zibaba (excluding the Content) will automatically be deemed to be assigned, granted and transferred by you to Zibaba upon their submission or communication to Zibaba, and you agree that the same will automatically become the property of Zibaba and that Zibaba shall be entitled to use, exploit, copy, publish, implement, transfer and in all other ways deal with such materials and all of the intellectual property rights therein in any way and for any purpose Zibaba may elect, forever.

In using Zibaba Services, you agree to not:

a) upload, download, post, email or otherwise transmit any materials including but not limited to text, data, photos, graphics, or any of these elements in combination as a design for products available on this Services or otherwise ("Content") that are unlawful, harmful, threatening, abusive, vulgar, harassing, defamatory, obscene, pornographic, indecent, inflammatory, libelous, tortuous, hateful, or racially, ethnically or otherwise objectionable, or invasive of another's rights including but not limited to rights of celebrity, privacy and intellectual property.
b) impersonate any person or entity or falsely state or otherwise misrepresent your affiliation with a person or entity;
c) upload, download, post, email or otherwise transmit any Content that may infringe any patent, trademark, trade secret, copyright or other intellectual or proprietary right of any party. By uploading or downloading any Content, you represent and warrant that you have the lawful right to reproduce and distribute such Content and that the Content complies with all applicable federal, state and local laws, regulations and ordinances;
d) upload, download, post, email or otherwise transmit any Content that would constitute or encourage a criminal offense, violate the rights of any party, or that would otherwise create liability or violate any local, state, national, or international law;
e) upload, download, post, email or otherwise transmit any unsolicited or unauthorized advertising, promotional materials, junk mail, spam, chain letters, or any other form of solicitation;
f) upload, download, post, email or otherwise transmit any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
g) upload, download, post, email or otherwise transmit false or misleading information;
h) disrupt or interfere with the security of, or otherwise abuse, the Services, or any services, system resources, accounts, servers, or networks connected to or accessible through the Site or affiliated or linked websites.
i) disrupt or interfere with any other user's enjoyment of the Services or affiliated or linked websites.
j) frame or link to the Services except as permitted in writing by Zibaba;

You acknowledge that Zibaba does not pre-screen submitted Content, but that Zibaba and its designees shall have the right (but not the obligation) in their sole discretion to reject or remove any Content that is available via the Services. You agree that you must evaluate, and bear all risks associated with, the use of any Content, including any reliance on the accuracy, completeness, or usefulness of such Content. In this regard, you acknowledge that you may not rely on any Content, created by or submitted to, Zibaba. You acknowledge and agree that you are responsible for the creation and compilation of your Content, and that neither Zibaba nor any other party involved with the production of any product incorporating such Content, assumes that responsibility.

No royalty will be owed or paid on the sale of any items containing an image which is in violation of any of the provisions of this User Agreement, including but not limited to no royalty on any images that contain objectionable content or are posted in violation of the intellectual property, privacy or celebrity rights of any person or entity.

Your privacy is very important to Zibaba. Users of the Services should refer to our privacy policy for information about how Zibaba collects and uses personal information. By accepting this Agreement you expressly consent to Zibaba's disclosure and use of your personal information (including using email to communicate with you) as described in the privacy policy.

Zibaba respects the intellectual property rights of others. We ask our users to do the same. Zibaba may terminate the accounts of users who appear to infringe the copyright or other intellectual property rights of others. Reporting Copyright Infringement Except for public domain material, the Content on the Website and included on the Services is protected by intellectual property laws, including U.S. copyright laws. Zibaba may remove or disable access to material or terminate account/s, at its sole discretion, as a result of any copyright claim regarding infringing activity. If Zibaba removes or disables access in response to such a claim, Zibaba will make a good-faith attempt to contact the owner of the affected Content regarding the take down procedure in accordance with any applicable law. Please address any notices and/or claims regarding infringement activity in writing and in accordance with Digital Millenium Copyright Act (section 512) to Zibaba's designated agent in the following address: Zibaba's address IP@zibaba.com

If you believe that your Content has been copied in a way that constitutes copyright and/or trademark infringement, please notify Zibaba (IP@zibaba.com ), and provide the following information ("Notice"):

a) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright/trademark interest;
b) a description of the copyrighted work and/or trademark claimed to have been infringed;
c) a description of where the claimed infringing Content is located on our Services;
d) your address, telephone number, and email address
e) a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright/trademark owner, its agent, or the law;
f) a statement by you, made under penalty of perjury, that the above information in your Notice is accurate and that you are authorized to act on behalf of the owner of the copyright/trademark interest involved.

Upon receipt of notice as described above, Zibaba will take whatever action, in its sole discretion, it deems appropriate, including removal of the challenged content from the Services.

WARRANTY OF OWNERSHIP AND NON-INFRINGEMENT

YOU REPRESENT AND WARRANT THAT YOU ARE THE OWNER OF THE CONTENT WHICH YOU SUBMIT AND THAT THE CONTENT DOES NOT INFRINGE UPON THE PROPERTY RIGHTS, INTELLECTUAL PROPERTY RIGHTS (COPYRIGHTS AND TRADEMARKS) OR OTHER RIGHTS OF OTHERS. YOU ALSO REPRESENT THAT THERE ARE NO OUTSTANDING DISPUTES IN CONNECTION WITH THE PROPERTY RIGHTS, INTELLECTUAL PROPERTY RIGHTS OR OTHE R RIGHTS IN THE CONTENT OR ANY PARTS OF THE CONTENT.

No Resale

You agree not to reproduce, duplicate, copy, sell, resell or exploit for any commercial purposes, any portion of the Services, and use of the Services or access to the Services without Zibaba's express written consent.

Termination

This Agreement shall be in force while You use the Services. You may stop using the Services at any time and in Your sole discretion, with no need for justification and with no charge. You can cancel your account at any time by contacting support@zibaba.com. Following termination of your account for any reason (including inactivity), at their sole option, Zibaba and its licensees may continue or stop publicly displaying some or all of your content. You agree that Zibaba, in its sole discretion, may terminate your password, account (or any part thereof) or use of the Services, and remove and discard any Content you may have contributed to the Services, at any time for any reason or no reason. Zibaba may also in its sole discretion and at any time discontinue providing the Services, or any part thereof, with or without notice. You agree that any termination of your access to the Services under any provision of this Agreement may be effected without prior notice, and acknowledge and agree that Zibaba 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 of the Services. Further, you agree that Zibaba shall not be liable to you or any third-party for any termination of your access to the Service. Should you object to any terms and conditions of the Agreement or become dissatisfied with the Services in any way, your only recourse is to immediately discontinue your use of the Services and/or terminate your account.

Links
The Services may provide, or third parties may provide, links to other websites or resources. Because Zibaba has no control of such sites and resources, you acknowledge and agree that Zibaba is not responsible for the availability of such 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 Zibaba 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.

Other Rules
You agree to comply with all laws and regulations applicable to your access and use of the Zibaba Services and publishing your content. You may not harvest personal data (including email addresses) from the Services, and specifically you may not use email addresses displayed on our sites to ask users to join or contribute to your services. We have the right to investigate and prosecute violations of any of the above to the fullest extent of the law. We may involve and cooperate with law enforcement authorities in prosecuting users who violate the terms of this Agreement. You acknowledge that Zibaba has no obligation to monitor your access to or use of the Zibaba Services, but has the right to do so for the purpose of operating the Services, to ensure your compliance with this Agreement, or to comply with applicable law or the order or requirement of a court, administrative agency or other governmental body. Unless we explicitly agree otherwise in writing, you may not use any automated means (such as scripts) to access the Services or collect information from it.

Indemnity
By choosing to use the Zibaba Services, you agree to indemnify Zibaba, its officers, agents, partners and employees from any and all claims or damage, including reasonable attorney's fees, made by third parties due to or arising out of 1) Content you choose to submit, post or transmit through the Services; 2) your use of or connection to the Services; 3) your violation of the User Agreement; or 4) your violation of any rights of another.

DISCLAIMER OF WARRANTIES

General Disclaimer:

YOU EXPRESSLY AGREE THAT USE OF THE WEBSITE, THE WIDGETS, THE SOCIAL SHOPPING NETWORK, THE CUSTOMIZED PAGES, AND THE SERVICES IS ENTIRELY AT YOUR OWN RISK. THE WEBSITE, THE WIDGETS, THE SOCIAL SHOPPING NETWORK, THE CUSOMIZED PAGES, AND THE SERVICES ARE PROVIDED ON AN "AS IS" OR "AS AVAILABLE" BASIS, WITHOUT ANY WARRANTIES OF ANY KIND. ALL EXPRESS, IMPLIED AND STATUTORY WARRANTIES, INCLUDING, BUT NOT LIMITED TO, THE WARRANTIES OF MERCHANT ABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT OR OTHERWISE, AS WELL AS ANY WARRANTIES REGARDING SECURITY, RELIABILITY, TIMELINESS, ACCURACY, AND PERFORMANCE OF THE WEBSITE, THE WIDGETS, , THE SOCIAL SHOPPING NETWORK, THE CUSTOMIZED PAGES, AND THE SERVICES, ARE ALL EXPRESSLY DISCLAIMED TO THE FULLEST EXTENT PERMITTED BY LAW. ZIBABA ALSO DISCLAIMS TO THE FULLEST EXTENT PERMITTED BY LAW ANY WARRANTIES FOR OTHER SERVICES OR GOODS RECEIVED THROUGH OR ADVERTISED ON THE WEBSITE OR THE SERVICES, OR ACCESSED THROUGH ANY LINKS ON THE WEBSITE OR THE SERVICES. TO THE FULLEST EXTENT PERMITTED BY LAW, ZIBABA DISCLAIMS ANY WARRANTIES FOR VIRUSES OR OTHER HARMFUL COMPONENTS IN CONNECTION WITH THE WEBSITE, THE WIDGETS OR THE SERVICES.

Disclaimer regarding Content and Information Accuracy:

ZIBABA DISCLAIMS ANY AND ALL RESPONSIBILITY OR LIABILITY FOR THE ACCURACY, CONTENT, COMPLETENESS, LEGALITY, RELIABILITY, OR OPERABILITY OR AVAILABILITY OF INFORMATION OR MATERIAL DISPLAYED IN OR AS RESULT OF USE OF THE SERVICES. ZIBABA DISCLAIMS ANY RESPONSIBILITY FOR THE DELETION, FAILURE TO STORE, CREATING BACK-UPS, MIS-DELIVERY, OR UNTIMELY DELIVERY OF ANY INFORMATION OR CONTENT OR MATERIAL. ZIBABA DISCLAIMS ANY RESPONSIBILITY FOR ANY HARM RESULTING FROM DOWNLOADING OR ACCESSING ANY INFORMATION OR CONTENT OR MATERIAL ON THE INTERNET THROUGH THE SERVICES.

Limitation of Liability:

UNDER NO CIRCUMSTANCES SHALL ZIBABA BE LIABLE FOR DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES (EVEN IF ZIBABA HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM ANY ASPECT OF YOUR USE OF THE WEBSITE, THE WIDGETS , THE SOCIAL SHOPPING NETWORK, THE CUSOMIZED PAGES, OR THE SERVICES, WHETHER THE DAMAGES ARISE FROM USE OR MISUSE OR RELIANCE OR, INABILITY TO USE THE WEBSITE, THE WIDGETS OR THE SERVICES, OR WHETHER THEY ARISE FROM THE INTERRUPTION, SUSPENSION, MODIFICATION, ALTERATION, OR TERMINATION OF THE WEBSITE OR THE SERVICES. SUCH LIMITATION SHALL ALSO APPLY WITH RESPECT TO DAMAGES INCURRED BY REASON OF OTHER SERVICES OR PRODUCTS RECEIVED THROUGH OR ADVERTISED IN CONNECTION WITH THE WEBSITE OR THE SERVICES OR ANY LINKS ON THE WEBSITE, AS WELL AS BY REASON OF RELIANCE ON OR USE OF ANY INFORMATION OR ADVICE RECEIVED THROUGH OR ADVERTISED IN CONNECTION WITH THE WEBSITE OR THE SERVICES OR ANY LINKS ON THE WEBSITE. THESE LIMITATIONS SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW. In addition, Zibaba will not be held liable for any delay or failure in performance resulting directly or indirectly from acts of nature, forces, or causes beyond its reasonable control, including, but not limited to, Internet failure, computer equipment failures, telecommunication equipment failure, other equipment failure, electrical power failures, strikes, labor disputes, riots, insurrections, civil disturbances, shortages of labor or materials, fires, floods, storms, explosions, acts of God, war, governmental actions, orders of domestic or foreign courts or tribunals, non-performance of third parties, or loss of or fluctuations in heat, light or air conditioning.

Zibaba and its suppliers shall not be liable to you for any lost profits or special, incidental or consequential damages arising in any way (including negligence) out of or in connection with Zibaba Services and its parent, subsidiary or affiliate companies, our services or this Agreement.

Certain state laws do not allow the exclusion or limitation of certain damages. If these laws apply to you, some or all of the above exclusions or limitations may not apply to you, and you might have additional rights.

Disclaimer of Advertisement or Sponsored Content:

The Services may contain authorized or unauthorized advertising and sponsorships. Advertisers and sponsors are responsible for ensuring that material submitted on the Services is accurate and complies with applicable laws. ZIBABA IS NOT RESPONSIBLE FOR THE ILLEGALITY OR ANY ERROR, INACCURACY OR PROBLEM IN THE ADVERTISER'S OR SPONSOR'S MATERIALS. ZIBABA DOES NOT ENDORSE OR PROMOTE OR REPRESENT ANY OF THE PRODUCTS OR SERVICES OFFERED AND WILL NOT BE LIABLE FOR THESE PRODUCTS OR SERVICES. THE PLACEMENT OF THE ADVERTISEMENT OR SPONSORED CONTENT, THE SELECTION OF THE ADVERTISEMENT OR SPONSORED CONTENT AND THE TAGGING OF SUCH ADVERTISEMENT OR SPONSORED CONTENT, MAY BE DONE IN AN AUTOMATED MANNER AND IN NO CASE ZIBABA WILL BE RESPONSIBLE OR LIABLE FOR THE SELECTION, PLACEMENT OR TAGGING OF AN ADVERTISEMENT OR SPONSORED CONTENT.

Disclaimer of Third Parties Content:

Any content displayed as results or as links on the Services or through the Services are developed by automatic tools or people over whom Zibaba exercises no control. Using the Services may produce content or search results or links to sites that some people find indecent, objectionable, inappropriate, or offensive. Zibaba cannot guarantee that the use of the Services will not locate unintended or objectionable content. Zibaba is not responsible for the content, accuracy or opinions expressed in such content or such websites, and such content and websites are not investigated, monitored or checked for accuracy or completeness by Zibaba. Inclusion of any linked website on the Services does not imply approval or endorsement of the linked website by Zibaba. If You decide to access these third-party websites via the Services, you agree to comply with all the terms of use for such websites, and You do so at your own risk and responsibility. User-posted content does not represent the advice, views, opinions or beliefs of Zibaba, and Zibaba makes no claim of accuracy of any User-posted material. Zibaba allows for the posting of links to third-party websites. The linked websites' content, business practices and privacy policies are not under Zibaba's control, and Zibaba is not responsible for the content of any linked website or any link contained in a linked website. The inclusion of a link on any of the Services does not imply any endorsement by or any affiliation with Zibaba.

SEVERABILITY

If any provision of this Agreement is invalid, illegal or unenforceable under any applicable statute or rule of law, such provision shall be deemed amended to achieve as nearly as possible the same economic effect as the original provision and the remaining provisions of this Agreement shall in no way be affected or impaired.

Miscellaneous
This Agreement shall be treated as though it was executed and performed in State of California and shall be governed by and construed in accordance with the laws of the State of California (without regard to conflict of law principles). Any claim that the User may have in connection with these Terms must first, and before taking any other legal action, be submitted to Zibaba in the form of a complaint (to: feedback@zibaba.com ), to enable the parties to resolve the claim in a friendly and effective manner. If the parties fail to resolve the claim in this manner in a reasonable timetable, or if any other claim or dispute in connection with these Terms arises, it shall be resolved in a cost effective manner, through binding non-appearance-based arbitration. The arbitration shall be initiated through an established alternative dispute resolution provider mutually agreed upon by the parties. The arbitration judgment may be entered and forced in any court of competent jurisdiction. Notwithstanding the foregoing, Zibaba may seek injunctive or other equitable relief to protect its intellectual property rights in any court of competent jurisdiction.

The Terms constitute the entire legal agreement between You and Zibaba and govern Your use of the Services and replace any prior agreement of understanding between You and Zibaba in relation to the Services. Any waiver of any provision of the Terms will be effective only if in writing and signed by the waiving party.

Copyright & Trademark Notice Copyright©2008, Zibaba. All Rights Reserved. The trademarks, logos and service marks displayed on the Services are Zibaba's property or the property of other third parties. You are not permitted to use these trademarks, logos and service marks without prior written consent from Zibaba or such third party.