Conditions of Use

General Terms & Conditions and Restrictions

By accessing the Zen Cart® Service web site, becoming a member of the forum, contributing any code, images or templates, you agree to be legally bound and to abide by the Terms & Conditions, just as if you had signed this Agreement. If you do not comply with the Terms & Conditions at any time, Zen Cart® reserves the right to limit your access to the Zen Cart® Service.

In order to permit Zen Cart® to protect the quality of its products and services, you hereby consent to Zen Cart® staff and volunteers being able to access your account and records on a case by case basis to investigate complaints or other allegations or abuse.

You acknowledge that the Zen Cart® Service may contain information, software (including scripts posted by others), photos, video, text, graphics, music, sounds or other material (collectively, "Content") that are protected by copyrights, patents, trademarks, trade secrets or other proprietary rights, and that these rights are valid and protected in all forms, media and technologies existing now or here after developed.

Zen Cart® collects, stores and uses data collected from you in accordance with our Privacy Policy.

Community Standards and Conduct

You acknowledge that all Content, whether publicly posted or privately transmitted, is the sole responsibility of the person from which such Content originated. This means that you are entirely responsible for all Content that you post, email or otherwise transmit via the Zen Cart® Service.

You agree to not use the Zen Cart® Service (including the Zen Cart® Forums described below) to:

• Upload or transmit Content that is unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, or racially/ethnically objectionable.
• Harm minors in any way.
• Impersonate any person or entity, including Zen Cart® officials.
• Forge headers or manipulate identifiers.
• Transmit Content that infringes any patent, trademark, trade secret, or copyright.
• Transmit unsolicited or unauthorized advertising, "spam," or "pyramid schemes."
• Transmit material that contains software viruses or malicious code.
• Disrupt the normal flow of dialogue or interfere with Zen Cart® servers.
• "Stalk" or harass another member, or collect personal data about other users.

All Zen Cart® Forum communications are public and not private communications. Although Zen Cart® reserves the right to remove without notice any Forum posting for any reason, we have no obligation to delete content that you may find objectionable.

Submissions

By posting or submitting content to this site, you grant Zen Cart® and its affiliates and licensees the right to use, reproduce, display, perform, adapt, modify, distribute, have distributed, and promote the content in any form, anywhere and for any purpose.

If you send us scripts, creative suggestions, ideas, notes, drawings, or other information (collectively, the "Submissions"), the Submissions shall be deemed, and shall remain, the property of Zen Cart®. None of the Submissions shall be subject to any obligation of confidence on the part of Zen Cart®.

Disclaimer of Warranties

Zen Cart® uses diligent efforts to maintain the Zen Cart® Service, but Zen Cart® is not responsible for any defects or failures associated with the Zen Cart® Service or any damages that may result from any such defects or failures.

Limitation of Liability

Indemnification

YOU ARE ENTIRELY RESPONSIBLE FOR MAINTAINING THE CONFIDENTIALITY OF YOUR PASSWORD AND ACCOUNT. Furthermore, you are entirely responsible for any and all activities which occur under your account. You agree to indemnify, defend and hold harmless Zen Cart® and its officers, directors, employees, consultants, volunteers, staff and agents from any and all third party claims, liability, damages and/or costs (including attorneys fees) arising from your use of the Zen Cart® Service.

Termination and Governing Law

You agree that Zen Cart®, in its sole discretion, may terminate your password, account or use of the Zen Cart® Service, and remove and discard any Content within the Zen Cart® Service, for any or no reason.

The validity and effect of these Terms and Conditions shall be governed by and construed and enforced in accordance with the laws of the State of Oregon, without regard to its conflicts of laws principles. Any suit, action or proceeding concerning the Zen Cart® Service must be brought in a court of competent jurisdiction in the State of Oregon.

Copyright Notices & Claims

Zen Cart® respects the intellectual property of others, and we ask our users to do the same. Zen Cart® may, in appropriate circumstances and at its discretion, terminate the accounts of users who infringe the intellectual property rights of others.

If you believe that your work has been copied in a way that constitutes copyright infringement, please provide Zen Cart®'s Copyright Agent the following information:

• An electronic or physical signature of the authorized person.
• A description of the copyrighted work that you claim has been infringed.
• A description of where the material is located on the site.
• Your address, telephone number, and email address.
• A statement by you that you have a good faith belief that the use is not authorized.
• A statement made under penalty of perjury that the information is accurate.