Zigabid, LLC Terms of Service
Welcome to our Service. Please read these terms of service carefully. They contain important information regarding your legal rights, remedies and obligations, including how the content you provide can be used and how disputes will be resolved.
1. REVISION DATE
These Terms of Service were last revised on April 30, 2013.
2. ACCEPTANCE OF TERMS
Zigabid.com is a ticket purchasing and selling service (the "Service") provided to you by Zigabid, LLC ("Zigabid") subject to the following Terms of Service ("TOS"). By registering with the Service or by using the Zigabid web site (the "Site"), and in exchange for Zigabid's agreement to provide the Service to you, you agree to be bound by the TOS.
The TOS may be revised from time to time without notice to you other than appearing on the Site. If we do this, we will indicate at the beginning of the TOS when they were last revised. It is your responsibility to regularly check the Site and to review the TOS. Your continued use of the Site constitutes your agreement to all revisions to the TOS. Unless explicitly stated otherwise, any new features that augment or enhance the current Service shall also be subject to the TOS.
You must be at least thirteen (13) years of age to use the Service. Any registration by, use of, or access to the Site by anyone under 13 is unauthorized, unlicensed and in violation of these TOS. By using the Service or the Site, you represent and warrant that you are 13 or older.
Zigabid reserves the right to refuse service to anyone without notice, at any time and for any reason.
3. PROVISION AND MODIFICATION OF SERVICE
The Service may include software, services, content, and advertising provided by Zigabid in order to facilitate and enhance the Service and the Site. However, much of the content of the Service-including the contents of specific postings and offers to buy or sell tickets -is provided by and is the responsibility of users who submit content to the Service or post content on the Site. Zigabid takes no responsibility for such content. Zigabid merely provides access to such content as a service to you.
You understand and agree that the Service and the Site are provided to you on an AS IS and AS AVAILABLE basis. Zigabid disclaims all responsibility and liability for the availability, timeliness, security or reliability of the Service or any feature or software included in the Service. Zigabid disclaims all responsibility or liability for the acts or omissions of third parties whose services, software, content, or advertising may be utilized in connection with the Service or appear on the Site.
Zigabid reserves the right at any time to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice. The Service also may be subject to interruptions, caused by Zigabid or others. You agree that Zigabid will not be liable to you or to any third party for any modification, suspension, interruption or discontinuance of the Service.
4. REGISTRATION AND ACCOUNT CREATION
As part of the registration and account creation process required to use the Service, you will select a member ID (email address) and a password, and you will provide Zigabid with certain registration information. In consideration of your use of the Service, you agree to provide accurate, current and complete information, and to promptly update all information you provide in connection with creating or maintaining your account, in order to keep it accurate, current and complete. (If any of your registration or account information changes, you can update it by visiting the Profile tab in the Dashboard on Site through your account.)
You also agree that you will maintain the security of your password and identification, that you will be fully responsible for all use of your account, and that you will notify Zigabid immediately of any breach of security or unauthorized use of your account. You agree that you will not register for more than one account, register for an account on behalf of anyone other than yourself, or use another's account without permission.
5. SPECIFIC RULES APPLICABLE TO SELLERS, CORPORATE SELLERS, AND BUYERS OF TICKETS
1. By listing tickets for sale, a seller is representing that he or she is the owner of such tickets and has the unrestricted rights to sell the tickets.
2. A seller may withdraw or edit a listing at any time provided no transaction has been completed. A transaction is considered complete once a buyer purchases tickets or when a seller accepts an offer. Once tickets have been purchased or an offer has been accepted, a listing may no longer be removed or edited.
3. Tickets listed on Zigabid must represent the exact information published on the physical tickets. Sellers will be liable for any misleading or incorrect information listed on Zigabid.
4. When listing a set of tickets, the seller has the choice of whether to split the tickets into multiples or sell them as a complete set.
5. When listing tickets, the seller has the choice of whether to show buyers the seat numbers or only the row and quantity of tickets being sold.
6. All tickets listed via the Ticket Importer software will be listed using Zigabid's "Offer / Counter-Offer" option.
7. All tickets uploaded via the Ticket Importer software will be listed with the option to sell as multiples. The software will also automatically withhold seat numbers for the seller's privacy purposes. If Corporate Sellers wish to sell tickets without splitting the listing, they must manually reject any offers that split the tickets.
8. There is no limit to the amount of times a buyer and seller can submit counter-offers. The negotiation process will continue until the buyer and seller agree on a price.
9. A seller reserves the right to accept, decline, or counter any offer.
10. A seller may submit a counter-offer with a time limit of 24 hours before it expires.
11. If a Corporate Seller receives an offer on a set of tickets, but sells the tickets or puts them on hold at a source other than Zigabid while the offer is still active, the Zigabid offer will need to be manually declined so the tickets can be removed from the site by the Ticket Importer software.
12. If a Corporate Seller has submitted a counter-offer to the buyer, the tickets must be held in the point of sale until the buyer has responded to the offer. Or, the seller may remove the listing before the buyer can respond. This will prevent tickets from being sold twice.
13. Once a seller accepts an offer, the seller's tickets are no longer available for offers and should be shipped to the buyer as soon as possible.
14. Sellers must ship tickets via the Zigabid FedEx shipping label.
15. All tickets must be shipped; if a seller has e-tickets, they must be printed and shipped via FedEx.
16. If a seller, for any reason, chooses to ship tickets using a separate FedEx account, the seller must notify Zigabid of the new tracking number in order for Zigabid to receive a delivery confirmation and ship the seller's payment.
17. Sellers are not permitted to ship tickets with any personal marketing material or contact information in or on the FedEx envelope. If Zigabid becomes aware of any solicitations or marketing materials sent to a buyer with a Zigabid transaction, Zigabid reserves the right to suspend or cancel a Corporate Seller account.
18. Tickets must be shipped overnight no later than one business day before the event. If the event falls on a Friday, Saturday, or Sunday, the tickets must be shipped no later than Thursday.
19. Sellers will not be held responsible for any lost or delayed FedEx packages, incorrect buyer addresses, or lack of signature releases. Sellers will be paid in full assuming the FedEx package has been scanned on the confirmation date for on-time delivery.
20. Sellers must ship the exact set of tickets as were represented on Zigabid. If a seller ships incorrect tickets to a buyer, the seller will have until 10 days before the event to find substitute tickets; otherwise, the seller will be charged for the replacement tickets filled by Zigabid.
21. Sellers will be mailed a check for the total amount of their sales via FedEx the Thursday after Zigabid receives delivery confirmation on the tickets sold.
22. Corporate Sellers will be mailed a check via FedEx on a bi-monthly basis for the total amount of their sales over the previous two-week period for all tickets that have a confirmed delivery by 12:01am on Thursday morning.
23. All sellers must have a valid credit card on file in order to list tickets. If a seller's tickets are fraudulent or fail to be sent to the buyer, the seller will be charged for the purchase.
24. Under no circumstances may buyers and sellers directly contact one another. If a seller has any problems or questions, customer service should be contacted and any issues should be resolved directly through Zigabid.
25. An event is deemed cancelled when it has been determined by Zigabid that there is no rescheduled date for the event. If an event is cancelled, the buyer will be given 4 weeks after receiving an airbill from Zigabid to ship the cancelled event tickets back to the seller. Once the seller has received the tickets, Zigabid reserves the right to charge the seller's credit card for the amount of the cancelled event ticket sale if the seller has already received payment. However, if the buyer fails to ship the tickets to the seller within 4 weeks, the seller will keep the payment.
26. An event is considered rescheduled when the time and/or date of an event have been changed or modified by the artist, team, or producer. If, for any reason, the original tickets can no longer be used for entrance, the seller must request an airbill from Zigabid to ship the modified tickets to the buyer. If a seller fails to contact Zigabid and ship the new tickets, Zigabid reserves the right to charge the seller for the full cost of the tickets. If the rescheduled event limits ticket availability, Zigabid will consider the vent cancelled, the buyer will be refunded, and the seller will not receive a payment for the transaction. If the seller has already been paid for the event, Zigabid will charge the amount of the tickets sold to the seller's credit card.
27. All sellers can list their tickets on Zigabid free of charge.
28. Zigabid reserves the right to suspend or deactivate a seller or Corporate Seller account for any reason including but not limited to listing fraudulent tickets, registering with an invalid credit card, or failing to ship tickets to a buyer.
A buyer may withdraw or edit an offer at any time provided the seller has not accepted the offer and the transaction is not complete.
If a buyer chooses to buyer tickets using the "Purchase Now" option, the purchase is complete and no negotiation will take place.
A buyer can choose any dollar amount $1.00 or greater to offer on a particular set of tickets. There is no maximum offer amount for the "Offer / Counter-Offer" process.
A buyer may submit an offer with a time limit of 24 hours before it expires.
A buyer may only have one active offer on the same set of tickets at a time. Once the offer expires, the buyer is free to make a new offer on the tickets.
There is no limit to the amount of times a buyer and seller can submit counter-offers. The negotiation process will continue until a buyer and a seller agree on a price.
Buyers must pay for their tickets with a valid credit card.
Buyers may not receive tickets until the day of the event. If the tickets do not arrive by the date of the event, Zigabid will attempt to locate the tickets and ensure quick delivery. If the tickets cannot be located, Zigabid will replace the order with equivalent or superior tickets. If the seats cannot be replaced, Zigabid will issue a full refund for the cost of the tickets.
If a buyer receives tickets that are fraudulent or invalid, Zigabid will make every attempt to replace the tickets with equivalent or superior seats. If the seats cannot be replaced, Zigabid will offer a full refund for the cost of the tickets or a 150% credit towards future purchase(s).
An event is deemed cancelled when it has been determined by Zigabid that there is no rescheduled date for the event. If an event is cancelled, the buyer will be given 4 weeks after receiving an airbill from Zigabid to ship the tickets for the cancelled event back to the seller. When the ticket delivery has been confirmed, the buyer will receive a full refund for the purchase. However, if the buyer fails to ship the tickets within the 4 week period, no refund will be issued.
An event is considered rescheduled when the time and/or date of an event have been changed or modified by the artist, team, or producer. If, for any reason, the original tickets can no longer be used for entrance, the buyer will receive modified tickets from the seller. If the seller fails to ship the new tickets, Zigabid will find replacement tickets for the buyer. If the rescheduled event limits ticket availability, Zigabid will consider the event cancelled and the buyer will be refunded.
Under no circumstances may buyers and sellers directly contact one another. If a buyer has any problems or questions, customer service should be contacted and any issues should be resolved directly through Zigabid.
6. TICKET GUARANTEE
Zigabid guarantees the authenticity of every ticket after a ticket transaction has been completed. Every buyer is guaranteed to receive a valid ticket. However, if the buyer receives fraudulent or invalid tickets from the seller, Zigabid will make every attempt to replace the tickets with equivalent or superior seats. If the seats cannot be replaced, Zigabid will offer a full refund for the cost of the tickets or a 150% credit towards future purchase(s). If the buyer does not receive tickets from the seller on or before the date of the event, Zigabid will attempt to locate the tickets and ensure quick delivery. If the tickets cannot be found, Zigabid will replace the tickets with equivalent or superior seats. If the seats cannot be replaced, the buyer will be issued a full refund for the cost of the tickets. If an event the buyer receives tickets for is rescheduled, the buyer may use the original tickets for entrance or re-list them on Zigabid. If, for any reason the original tickets can no longer be used for entrance, the buyer will receive modified tickets from the seller. However, if the seller fails to ship the new tickets, Zigabid will find replacement tickets for the buyer. If the rescheduled event limits ticket availability, Zigabid will consider the event cancelled and issue the buyer a full refund for the cost of the tickets. If an event the buyer receives tickets for is cancelled, the buyer will be issued a full refund upon returning the tickets via a Zigabid-issued airbill.
7. CONDITIONS ON USE OF THE SERVICE AND THE SITE
Zigabid grants you permission to access and use the Service and the Site as set forth in these TOS, and in exchange you agree as follows:
- You will access and use the Service and the Site solely for your own personal use;
- You will not use Service or the Site in any illegal manner or for any illegal purpose, in any other manner that could damage, disable, overburden or impair the Service or the Site, or in any manner inconsistent with these TOS;
- You will not defeat or interfere with any security feature of the Service or the Site, or attempt to do so;
- You will not alter or modify any content or component of the Service or the Site, other than content you have submitted to or posted on the Site;
- You will not reproduce, duplicate, copy, sell, trade, resell or exploit, for any commercial purpose, any content, component or use of or any access to the Service or the Site, without the prior written permission of Zigabid, except for content you have submitted to or posted on the Site, or content with respect to which you have the prior written permission of the owner;
- You will not use any automated system, software, or device to generate and send unsolicited communications to or through the Service or the Site;
- You will not collect or harvest any personally identifiable information, including without limitation account names or e-mail addresses, from the Service or the Site, nor use the communication systems provided by the Service or the Site for purposes of sending any commercial solicitation;
- You will not upload, post, transmit, share or otherwise make available any material that contains software viruses or any other computer code designed to interfere with the functionality of any computer software or hardware or telecommunications equipment; and
- You will not harass or intimidate any other user of the Service or the Site.
8. YOUR CONDUCT AND USE OF THE SERVICE AND THE SITE
You are responsible for your own use of the Service and the Site.
You acknowledge that you are solely responsible for the profiles (including your name, image, and likeness), text, photos, video, music, messages, comments, notes, advertisements, listings, offers, counter-offers, links, and other content that you post, publish, upload, or display on the Site, or transmit to or share with others using the Service (collectively "User Content"), and for the consequences of posting, publishing, uploading or displaying any User Content.
You understand and agree that any User Content you submit to the Service or post on the Site is intended to and generally will be made public, and that once made public User Content cannot be made private again. You consent to the public dissemination of all information you submit or post using the Service or the Site.
You agree that you will not use the Service or the Site to post, transmit, or share User Content that you did not create or that you do not have permission to post. You affirm that you own or have all intellectual property rights (including without limitation copyright and trademark rights), licenses, and permissions to the User Content you provide that are needed to use and to authorize Zigabid to use that User Content in the manner described in these TOS. By submitting or posting User Content, you warrant that it does not infringe any intellectual property rights of another person.
You agree that you will not use the Service or the Site to post, transmit, or share child pornography. The use of Service or the Site to publish or transmit child pornography will not be tolerated. If identified, it will be reported to law enforcement authorities, and will result in termination of your account.
You agree that you will not use the Service or the Site to post, transmit, or share User Content that is obscene, defamatory or invasive of the privacy of another person, graphically violent, physically threatening, intended for any illegal purpose, or otherwise inappropriate on a site intended for a general audience. By submitting or posting User Content, you warrant that it is not obscene, defamatory or invasive of the privacy of any other person, or otherwise illegal.
You understand that Zigabid does not promise that User Content you submit to the Service or post on the Site will be maintained by Zigabid. You are solely responsible for creating backup copies of and replacing any User Content you submit to the Service or post on the Site, at your own cost and expense. You agree that Zigabid has no responsibility or liability for the deletion of, or the failure to store or to transmit, any User Content or other communications provided using the Service. Zigabid retains the right to create limits on use and storage at its sole discretion, at any time, with or without notice.
9. RIGHTS TO AND USE OF THE CONTENT ON THE SITE
Except for User Content, all content and components of the Service and the Site ("Zigabid Content"), including without limitation, the software, text, photos, video and audio content, graphics, interactive features and advertisements, and all trademarks, service marks and logos contained therein, are owned by or licensed to Zigabid, subject to copyrights or other intellectual property rights held by others pursuant to law. Zigabid reserves all rights to the Zigabid Content, User Content, and any other component or content of the Service or the Site not expressly granted to you by these TOS.
By submitting or posting User Content using the Service or the Site, you grant to Zigabid an irrevocable, perpetual, non-exclusive, transferable, fully paid, worldwide license to: (1) use, copy, publicly perform, publicly display, reformat, translate, excerpt (in whole or in part) and distribute the User Content in or through any medium now known or hereafter invented, for any purpose; (2) to prepare derivative works using the User Content, or to incorporate it into other works, for any purpose; and (3) to grant and authorize sublicenses of any or all of the foregoing rights.
You may remove your User Content from the Site at any time. If you choose to remove your User Content, the User Content will no longer appear on the Site. However, you acknowledge that Zigabid may retain archived copies of your User Content, and that Zigabid will retain the rights to the content granted by these TOS.
Zigabid does not assert any ownership over your User Content; rather, as between Zigabid and you, subject to the rights granted to us in these TOS, you retain full ownership of all of your User Content and any intellectual property rights or other proprietary rights associated with your User Content.
Zigabid may obtain and exercise intellectual property rights over compilations, collective works, or derivative works that incorporate User Content you have provided. In that case, the rights Zigabid obtains will apply only to the compilation, collective work, or derivative work; as between Zigabid and you, subject to the rights granted to us in these TOS, you will retain full ownership of and rights to your User Content.
When you post User Content to the Site, you also authorize and direct us to make such copies thereof as we deem necessary in order to facilitate the posting, maintenance, and storage of the User Content on the Site.
10. OBJECTIONABLE OR INAPPROPRIATE CONTENT
The Site may include controversial, offensive, harmful, inaccurate or otherwise offensive or objectionable material. In some cases, the Site may include content that has been mislabeled or is otherwise deceptive. Please use caution and common sense and exercise proper judgment when using the Service. Zigabid does not endorse, support, represent or guarantee the truthfulness, accuracy, or reliability of any content appearing on the Site. Zigabid does not endorse any opinions expressed via the Service. You acknowledge that any on material appearing on the Site will be at your own risk.
Zigabid will not routinely review or revise content submitted using the Service or posted on the Site. However, Zigabid may read any such content, and Zigabid reserves the right to refuse to distribute any such content, to remove any content from the Site, or to edit such content, in it sole discretion.
If you find content appearing on the Site that you believe violates these TOS, or that is offensive or otherwise objectionable, you may inform Zigabid by sending a message to: firstname.lastname@example.org. Zigabid will review your message and the content to which you object (assuming it is still on the Site). Zigabid may remove the content if, in Zigabid's judgment, it is inappropriate. However, please understand that deciding whether content is inappropriate is a judgment call, and that Zigabid is not legally responsible for content that it does not originate.
Neither is Zigabid legally responsible for keeping content that it deems inappropriate off of the Site. If content you have submitted is not published or is removed, please review these TOS and understand that the value of the Service is, to a large extent, based on providing an experience that is both enlightening and pleasant for the people who use the Site.
Zigabid may also elect to make certain content available only to registered users of the Service or the Site who expressly confirm that they are adults who wish to have access to the content. If the Service requires you to provide this confirmation, you agree that in doing so you consent to the receipt of any such information, and you release Zigabid from any claims based on the receipt or distribution of such information.
Zigabid also reserves the right to access, read, preserve, and disclose any information as it reasonably believes is necessary to do any of the following: (1) satisfy any applicable law, regulation, legal process or governmental request; (2) enforce these TOS, including investigation of potential violations hereof; (3) detect, prevent, or otherwise address fraud, security or technical issues; (4) respond to user support requests; or (5) protect the rights, property or safety of Zigabid, its users and the public. You agree that Zigabid will not be liable for exercising or failing to exercise any of these rights.
11. USE, PROMOTION AND DISTRIBUTION OF CONTENT BY ZIGABID
You understand and agree that you will receive no compensation from Zigabid for any User Content you submit to the Service or post on the Site.
You understand and agree that User Content you submit to the Service or post on the Site may be organized, arranged, formatted, categorized, designated, displayed, and edited as Zigabid determines, in its sole discretion. In particular:
- Zigabid editors or automated functions of the Service may include User Content you submit in various locations on the Site, and/or may (or may not) apply certain designations to your User Content, such as "Pick of the Day," "Editor's Pick," "Top Rated," or "Most Read."
- Zigabid may (or may not) modify User Content you submit as follows: (1) editing existing headlines or adding headlines to the content; (2) creating and adding brief summaries of the content; (3) editing the text or other elements of the content; or (4) publicly distributing the content in a different media or format.
By submitting User Content to the Service or posting it on the Site, you agree as follows:
- Zigabid, in its discretion, may place your User Content in a location or locations of its choosing on the Site, and may apply designations currently existing or created in the future to your User Content. You will have no claim for compensation or any other remedy based on the location or designation of User Content you submit.
- Zigabid, in its discretion, may promote your User Content to the Zigabid Site, and may make copies of your User Content as necessary to do so. These TOS will apply to User Content that is promoted to the Zigabid Site. You will have no claim for compensation or any other remedy based on the Promotion of User Content you submit.
- Zigabid, in its discretion, may modify your User Content as described in these TOS. Zigabid will not be responsible for any claims arising from modifications that do not substantially change the meaning of the content, add new and different meanings, or result in the addition of new material that give rise to a claim.
The Service allows you to upload video content to the Site. By submitting User Content that includes video content to the Service, you agree that any such content may be provided to any of our partner video-sites, may appear on such sites, and that Zigabid and our partners may make copies of your User Content as necessary to permit it to appear on such sites I
12. OTHER INTELLECTUAL PROPERTY RIGHTS
ZIGABID and other Zigabid logos and product and service names are trademarks of Zigabid. All other trademarks appearing on the Site are trademarks of their respective owners and our reference to them does not imply or indicate any approval or endorsement by their owners unless such approval or endorsement is expressly made. The Service is an educational and informational site and service. References to other names and trademarks are necessary in the course of providing information and commentary about the subjects addressed on the Site.
13. SPONSORS, ADVERTISERS AND THIRD PARTIES
The Site may contain links to sponsor, advertiser, expert or other third party websites that are not owned or controlled by Zigabid. Inclusion of, linking to or permitting the use or installation of any third party site, applications, software, content or advertising does not imply approval or endorsement thereof by Zigabid. Zigabid has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third parties. By using the Service, you relieve Zigabid from any and all liability arising from your use of any third-party website.
Your correspondence or dealings with, or participation in promotions of, sponsors, advertisers, or other third parties found on or through the Service, are solely between you and such third parties. You agree that Zigabid shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such sponsors, third parties or advertisers on the Service.
15. DIGITAL MILLENNIUM COPYRIGHT ACT COMPLIANCE
Zigabid respects the intellectual property rights of others and expects users of the Site to do the same. At Zigabid's discretion and in appropriate circumstances, Zigabid may remove or prevent access to allegedly infringing materials. Pursuant to 17 United States Code 512(c)(2) (Digital Millennium Copyright Act of 1998), Zigabid's designated agent for notice of alleged copyright infringement appearing on the Site is:
744 Foothill Blvd.
La Canada, CA 91011 USA
When requesting removal of materials you believe to be infringing, please provide the following:
Identification of the copyrighted work or works claimed to have been infringed.
Identification of the copyrighted work that is claimed to be infringing or to be the subject of infringing activity that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit the service provider to locate the material.
Information reasonably sufficient to permit the service provider to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted.
A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law.
A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
Zigabid may, in its sole discretion, terminate your account, delete your profile and any content or information that you have posted on the Site, and/or prohibit you from using or accessing the Service or the Site, at any time, with or without notice, for any reason, including but not limited to violation of these TOS.
17. DISCLAIMER OF WARRANTIES
YOU EXPRESSLY UNDERSTAND AND AGREE THAT:
YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. EXCEPT FOR THE ZIGABID TICKET GUARANTEE SET FORTH ABOVE, ZIGABID EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
In particular, and without limitation, except for the Zigabid Ticket Guarantee set forth above, Zigabid makes no warranty that: (1) the Service or the Site will meet your requirements; (2) the Service or the Site will be uninterrupted, timely, secure, or error-free; (3) the results that may be obtained from the use of the Service or the Site will be accurate or reliable; (4) the quality of any products, services, information, or other material purchased or obtained by you through the Service or the Site will meet your expectations; (5) any errors in the components or contents of the Service or the Site will be corrected; or (6) that the Site or the Service are free of viruses or other harmful components.
No advice or information, oral or written, obtained by you from Zigabid, shall create any warranty not expressly stated in these TOS.
18. LIMITATION OF LIABILITY
YOU EXPRESSLY UNDERSTAND AND AGREE THAT ZIGABID SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF Zigabid HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM THE USE OF OR THE INABILITY TO USE THE SERVICE OR THE SITE
In particular, and without limitation, Zigabid will have no liability for damages arising from: (1) accessing, downloading, or otherwise obtaining any content or component of the service or the site, even if it results in the inadvertent transfer of harmful computer code, such as viruses, malware, or spyware; (2) unauthorized access to or disclosure or alteration of your transmissions or data; (3) statements or conduct of any third party on the service; or (4) as otherwise provided in these TOS.
19. EXCLUSIONS AND LIMITATIONS
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS ON LIABILITY AND DAMAGES MAY NOT APPLY TO YOU.
You agree to hold harmless and indemnify Zigabid, and its subsidiaries, affiliates, officers, agents, and employees from and against any third-party claim arising from or in any way related to your use of the Service or the Site, including any liability or expense arising from all claims, losses, damages (actual and consequential), suits, judgments, litigation costs and attorneys' fees, of every kind and nature. Zigabid will make reasonable efforts to provide you with written notice of any such claim, suit or action, but the failure of Zigabid to provide such notice will not relieve you of these obligations.
If any provision of these TOS is found invalid or unenforceable, that provision will be enforced to the maximum extent permissible and the other provisions of the TOS will remain in force.
CHOICE OF LAW AND VENUE
The agreement created by these TOS, and any dispute arising from or relating to these TOS or the provision or use of the Service or the Site, will be governed by the laws of the State of California, without giving effect to its conflict of laws provisions.
The parties hereby expressly waive trial by jury in any action, proceeding or counterclaim brought by either of the parties against the other on any matters whatsoever arising out of or related to these TOS or the provision or use of the Service or the Site ("Claim"). The parties agree to submit any Claim to binding arbitration, to be held in Los Angeles, California. In the event any Claim is mutually agreed by the parties or deemed by a court not to be subject to arbitration, it will be submitted to the state or federal courts sitting in Los Angeles, California, and the parties agree that they are and will be subject to the personal jurisdiction of those courts.
The failure of Zigabid to exercise or enforce any right or provision of the TOS shall not constitute a waiver of such right or provision. If any provision of the TOS is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of the TOS remain in full force and effect.
LIMITATION OF LEGAL ACTIONS
You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the TOS, or the provision or use of the Service or the Site, must be filed within one (1) year after such claim or cause of action arose or be forever barred.
ZIGABID TERMS OF SERVICE AGREEMENT