Terms of Use

Terms of Use

Thank you for visiting our website. Access to and use of this website is subject to the terms and conditions set forth below, in addition to any applicable laws, rules and regulations. By visiting or accessing this website, you agree to abide by the terms and conditions set forth below.

Copyright Notice
This website, as well as all materials, databases, software, designs, text, graphics and the entire content embodied or contained in the website (collectively, "Materials"), is protected by the copyright laws of the United States, as well as the laws of other applicable countries and jurisdictions. ZILK INC. ("ZILK") owns the copyright in the selection, coordination, arrangement and enhancement of such Materials including, without limitation, such databases, as well as the Materials original to it. Except where ZILK has specifically granted written permission to do so, any copying, reproduction, retransmission, alteration, display, performance, redistribution or other commercial exploitation of any portion of this website or any of the Materials embodied or contained therein is strictly prohibited. All rights reserved.

Trademark Notice
ZILK INC., and the "look and feel" of this website are trademarks, service marks and/or trade names of ZILK. All rights reserved. Except where ZILK has specifically granted written permission to do so, any use of such trade names, trademarks and/or service marks is strictly prohibited. In addition, the trade names, trademarks and service marks of the artists and clients which may appear on this website from time to time, are proprietary to their respective owners, and may be used by visitors to this website only with the express written permission of their respective owners.

Disclaimer
Every user who visits this website does so at his or her own risk. Unless separately agreed to in writing by ZILK, ZILK makes no representations or warranties of any kind as to (a) the accuracy or completeness of the information or materials contained in this website, and assumes no responsibility for any errors or omissions in the contents of this website (which may include factual or typographical errors and/or technical inaccuracies); (b) the availability for use by user of any copyrighted, trademark or otherwise proprietary materials of third parties which may appear in this website; (c) the presence or absence of computer viruses or other bugs including any that third parties may embed in or attach to this website without the knowledge or consent of ZILK; (d) any software made available for downloading, copying or other use through this website; or (e) the merchantability, fitness for use, title and/or non-infringement of any or all of the contents of this website.

To prevent unauthorized access, maintain data accuracy, and ensure the appropriate use of information, ZILK implements procedures to safeguard and secure the information that is collected online. Although ZILK will use reasonable efforts to safeguard the confidentiality of the information provided, transmissions made by means of the Internet cannot be made absolutely secure. ZILK is not liable for disclosure of the information supplied due to errors in transmission or unauthorized acts of third parties. Neither ZILK nor any other party involved in the creation, production or delivery of this website or whose materials or information appear in this website assumes or accepts any liability, regardless of whether based on contract, negligence, intentional wrongdoing or liability without fault, for any costs, losses, damages (whether direct, indirect, compensatory, special, lost profits, liquidated, consequential or punitive), arising out of or in any way in connection with the user's access to, browsing of or use of this website or any of the contents of this website, without regard to the source of such contents, or with the unavailability or failure of performance of this website for any reason.

Third Party Materials
The contents of this website may from time to time contain documents, images, information and other materials not proprietary to ZILK, such as photographs, artwork, articles, other text or audiovisual elements, or the names, tradenames, trademarks, logos, trade styles or designations of third parties (including present and past artists and clients of ZILK) which have been published in newspapers, magazines or other media or venues, and may include the name, tradename or trademark of the medium or venue in which such materials were published. Any use thereof whatsoever is strictly prohibited, unless the prior written permission of the appropriate third parties has been secured. ZILK has no editorial control of such third party content and does not guarantee the accuracy, completeness or usefulness of any such content nor its merchantability or fitness for any particular purpose.

User and Client Information
Users need not provide personally identifiable information to browse and review the content on this website. However, ZILK does obtain certain information each time a visitor logs onto the website. Examples of this type of information include the type of Internet browser being used, the type of computer operating system being used and the domain name of the website from which the visitor linked to this website. ZILK may collect, store, aggregate and use such information in its discretion and shall disclose such information to third parties only in its aggregate form. ZILK collects personally identifiable information, or personal information, such as name, organization, address, business and personal e-mail addresses, and telephone number, when its clients provide this information. Information about you as an individual will not be provided to any third party without your consent, except as described below.

In some instances, ZILK may use other companies to perform certain services on its behalf. These companies may need access to personal information to complete the services. The companies will not have authorization to use personally-identifiable information for purposes other than to perform the services on behalf of ZILK. The data collected from users is considered our proprietary business asset and may be transferred if ZILK or substantially all of its assets are acquired by another company. ZILK may also be required by law to release personally-identifiable information under certain circumstances.

ZILK is not responsible for the content or privacy policies of websites to which it may link.

Links
For the convenience of users of this website, one or more links to other Internet websites may appear from time to time. Except for Internet websites maintained by ZILK (or by divisions, subsidiaries or affiliates thereof), the Internet websites to which links are provided in this website are not under the control of ZILK and ZILK assumes no responsibility for the contents of any such linked Internet website, or for any potential damage arising out of or in connection with the use of any such link. In addition, the existence of a link between this website and any other Internet website is not and shall not be understood to be an endorsement by ZILK of the owner or proprietor of the linked Internet website, nor an endorsement of ZILK by the owner or proprietor of such linked website.

Miscellaneous
It is strictly prohibited to use or contact this website to disrupt or damage the site, its contents or its security measures or to harass or disparage ZILK, its artists or its clients or their respective products, services or personnel. No unsolicited email (spam) may be directed to or through this site.

This Terms of Use constitutes an agreement between you and ZILK, constitutes the entire agreement between the parties and supercedes all previous written or oral agreements between the parties with respect to such subject matter. This agreement shall be construed in accordance with the laws of the State of California, without regard to its conflict of laws rules, regardless of the location of the user and the user agrees to consent to the jurisdiction of the courts of the State of California which shall have exclusive jurisdiction of all disputes relating to the subject matter hereof.

ZILK reserves the right to revise and update these rules at any time, effective on the date of posting to this website of the new and amended rules.
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Web & Graphic Design Services - Terms of Use
Please read our complete terms of use for our designs. By purchasing from our website or by contracting our services, you agree to these terms and conditions.

Agreement for Web & Graphic Design Services

This agreement is between 'Client' (Purchasee) and 'Provider' (Zilk Inc.)

1. AUTHORIZATION
'Client' is engaging above named 'Provider', a sole-proprietorship, as an independent contractor for the specific project of developing a web site. The 'Client' hereby authorizes 'Provider' access and "write permissions" to all directories and files of this account.

2. WEB & GRAPHIC DESIGN SERVICES
- Design to include web page layout: placement of text, graphics/photos, navigation links, external links and e-mail links., CSS stylesheet and installation into client hosting.

- Minor updates and changes to web site at no charge for one month beginning when web site is transferred to the internet for public viewing. Minor changes are limited to: changing wording, or making general design or text corrections. 'Provider' hourly rates will apply to retyping of lengthy text, adding new text, adding new pictures, adding new pages, or any other major changes not included in purchase.

3. FEES & PAYMENT
- All fees payable in US dollars.
- Web Design cost is variable and based on individual design.
- A down payment or full payment may be required prior to any work beginning.
- Payments will be accepted via Visa, Mastercard, check or money order.

4. COPYRIGHT AND TRADEMARKS
- The 'Client' represents to 'Provider' and unconditionally guarantees that any elements of text, graphics, photos, designs, trademarks, or other artwork furnished to 'Provider' for inclusion in web site are owned by the 'Client', or that the 'Client' has permission from the rightful owner to use each of these elements, and will hold harmless, protect, and defend 'Provider' from any claim or suit arising from the use of such elements furnished by the 'Client'.
- 'Provider' guarantees that any text, graphics, photos, designs, trademarks or other artwork has received the proper rights and/or licenses to be used on the web site. Use of 3rd party graphical element may require a statement at the bottom of the web page acknowledging the source of the graphical element. It is agreed by both 'Client' and 'Provider' that such statement shall remain on the web site so long as the graphical element remains. Under no circumstances shall these elements be used in any other media or marketing outside the individual web site, unless 'Client' receives direct authorization from the 3rd party.
- Copyright to the finished assembled work of individual web site produced and designed by 'Provider' is owned by 'Provider'. This ownership is to include rights to the design, any photos or graphics supplied by 'Provider', source code, and computer programs specifically designed for this web site. Upon full and final payment of this contract, the 'Client' is assigned copyright to use on a single web site the design, graphics, and text contained in the finished assembled web site.
- All graphics, photos and text provided by 'Provider' are property of 'Provider' and may not be used in any media outside the single web site without permission or transfer of rights specified in writing between 'Provider' and 'Client'.

5. LIABILITY
- In the event that 'Client' or other agent acting on the behalf of the 'Client' accesses files and disrupts the layout or functionality of the web site, 'Provider' can work to get the web site back up and running at the regular hourly rate.
- Under no circumstances, including negligence, shall 'Provider', or any other company involved in the creation, production or distribution of the web site, be liable for any direct, indirect, incidental, special or consequential damages that result from the use of or inability to use the 'Provider's' services; or that results from mistakes, omissions, interruptions, deletion or loss of files or data, errors, defects, delays in operation, or of performance, whether or not limited to acts of nature, communication failure, theft, destruction or unauthorized access to 'Provider's' records, programs or services.

6. LAWS AFFECTING ELECTRONIC COMMERCE
The 'Client' agrees that the 'Client' is solely responsible for complying with such laws, taxes, and tariffs, and will hold harmless, protect, and defend 'Provider' and its subcontractors from any claim, suit, penalty, tax, or tariff arising from the 'Client's' use of Internet electronic commerce.

7. INTERNET ETIQUETTE
'Provider' is a developer of ethical web sites. As such, 'Provider' will not design, promote, or attach links to any site that includes adult content, nudity, obscene language or that encourages or promotes intolerance or discrimination of or towards people or peoples of any race, color, sex, creed or religion. Nor will 'Provider' design, promote or attach links to any site that advocates, encourages or practices the exploitation of any group or groups in society, including, and in particular, children, the elderly or the disadvantaged.

8. AUTHORSHIP CREDIT
- 'Client' agrees that 'Provider' may put a small byline link on the bottom of their web page establishing authorship credit. In order that Provider may remove their byline in the event of the design being altered, it is mutually agreed that 'Provider' will be notified of any design changes to this web site.
- 'Provider' may use 'Client' web site as a sample of work in print or through a web site link.

9. CONFIDENTIALITY
Provider’ may, during the course of providing services hereunder or in relation to this contract have access to, and acquire knowledge regarding materials, data, systems, and other information of or with respect to ‘Client’ which may not be accessible or known to the general public. Any knowledge acquired by ‘Provider’ from such materials shall not be used, published or divulged by ‘Provider’ to any person, firm or outside source without the express written consent of ‘Client’.

10. ENTIRE UNDERSTANDING
This constitutes the sole agreement between the 'Provider' and 'Client' regarding its web design and graphic service. This agreement shall be governed and construed in accordance with the laws of the State of California.

THANK YOU.
ZILK INC.

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