USER AGREEMENT

The texts hereunder describe the terms on which ZEST (including 16-APRI™, Apricool™ and their related sites, services and tools) offers you access to its services.

Introduction

Welcome to Apricool™, a platform belonging to the ZEST SPRL/BVBA company. By using the services of ZEST (including 16-APRI™, Apricool™ and their related sites, services and tools), you agree to the terms hereunder. If you have any questions, please contact us on contact@zestforleaders.com

This Agreement is effective on January 1, 2010, for current users, and upon acceptance for new users.

Scope

Before you may use the services of ZEST (including 16-APRI™, Apricool™ and their related sites, services and tools), you must read until the bottom of the scroll and accept all of the terms in, and linked to, this User Agreement and its related Privacy Policy. We strongly recommend that, as you read this User Agreement, you also access and read the linked information. By accepting this User Agreement, you agree that this User Agreement and Privacy Policy will apply whenever you use ZEST sites or services, or when you use the tools we make available to interact with ZEST sites and services (including 16-APRI™, Apricool™ and their related sites, services and tools). If you use another ZEST site, you agree to accept the User Agreement and Privacy Policy applicable to that site. Some ZEST sites, services, and tools may have additional or other terms that we provide to you when you use those sites, services, or tools.

Using ZEST sites, services and tools

While using ZEST sites, services and tools, you will not:

  • post inappropriate content or items on our sites and services;

  • violate any laws, third party rights or our policies;

  • use our sites, services, or tools if you are temporarily or indefinitely suspended from using our sites, services, or tools;

  • use our sites, services or tools without the consent and assistance of your parents if you are under the age of 16 or in a similar status (legal infancy, etc.)  

  • post false, inaccurate, misleading, defamatory, or libellous content (including personal information);

  • transfer your Apricool™ member ID to another party without our consent;

  • distribute or post spam, unsolicited, or bulk electronic communications, chain letters, or pyramid schemes;

  • distribute viruses or any other technologies that may harm Apricool™, or the interests or property of Apricool™ users;

  • export or re-export any Apricool™ tools;

  • copy, modify, or distribute rights or content from the Apricool™ sites, service, or tools or Apricool™ copyrights and trademarks; or

  • harvest or otherwise collect information about users, including email addresses, without their consent.

Abusing ZEST sites, services and tools

ZEST works to keep its sites and services working properly and safely. Please report problems, offensive content, and policy violations to us.

ZEST works to ensure that no content on its sites and services infringes upon the copyright, trademark, or other intellectual property rights of third parties. If you believe that your intellectual property rights have been violated, please notify us on contact@zestforleaders.com and we will investigate.

Without limiting other remedies, we may limit, suspend, or terminate our services and user accounts, prohibit access to our sites and their content, services, and tools, delay or remove hosted content, and take technical and legal steps to keep users off the sites if we think that they are creating problems or possible legal liabilities, infringing the intellectual property rights of third parties, or acting inconsistently with the letter or spirit of our policies.

You acknowledge that ZEST may establish general practices and limits concerning use of its services, including without limitation the maximum number of days that email messages, message board postings or other uploaded content will be retained, the maximum number of email messages that may be sent from or received by an account, the maximum size of any email message that may be sent from or received by an account, the maximum disk space that will be allotted on ZEST servers on your behalf, and the maximum number of times (and the maximum duration for which) you may access the ZEST services in a given period of time.

You agree that ZEST has no responsibility or liability for the deletion or failure to store any messages and other communications or other content maintained or transmitted. You acknowledge that ZEST reserves the right to log off accounts that are inactive for an extended period of time or cancel unconfirmed accounts, or to modify or discontinue ZEST sites, services, or tools. 

Limitation of Liability

You will not hold ZEST responsible for other users' content, actions, or inactions. We do not guarantee the quality, safety, or legality of items advertised on ZEST sites and services.

We cannot guarantee continuous or secure access to our sites, services, or tools, and operation of our sites, services, or tools as they may be interfered with by numerous factors outside of our control. Accordingly, to the extent legally permitted, we exclude all implied warranties, terms and conditions. We are not liable for any loss of money, goodwill or reputation, or any special, indirect or consequential damages arising, directly or indirectly, out of your use of or your inability to use our sites, services, and tools.

Some jurisdictions do not allow the disclaimer of warranties or exclusion of damages, so such disclaimers and exclusions may not apply to you.

Regardless of the previous paragraphs, if we are found to be liable, our liability to you or to any third party is limited to 100 €.

Access and Interference

You agree that you will not use any robot, spider, scraper, or other automated means to access the sites for any purpose without our express handwritten permission.

Additionally, you agree that you will not:

  • take any action that imposes or may impose (in our sole discretion) an unreasonable or disproportionately large load on our infrastructure;

  • copy, reproduce, modify, create derivative works from, distribute, sell, trade, resell, exploit for any commercial purposes or publicly display any content (except for your information) from the sites without the prior express written permission of ZEST and the appropriate third party, as applicable;

  • interfere or attempt to interfere with the proper working of the sites, services, or tools, or any activities conducted on or with the sites, services, or tools; or

  • bypass the measures we may use to prevent or restrict access to the sites.

Privacy

We do not sell or rent your individual personal information to third parties for their marketing purposes without your explicit consent. We use your information only as described in our Privacy Policy. We view protection of users' privacy as a very important principle. We store and process your information on computers located in Germany that are protected by physical as well as technological security devices. You can access and modify the information you provide us by signing in to your account. We use third parties to verify and certify our privacy principles. For a complete description of how we use and protect your personal information, see our Privacy Policy. If you object to your information being transferred or used in this way please do not use our services.

Indemnity

You will indemnify and hold us (and our officers, directors, agents, subsidiaries, joint ventures, and employees) harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of your breach of this Agreement, or your violation of any law or the rights of a third party.

No Agency

No agency, partnership, joint venture, employee-employer, or franchiser-franchisee relationship is intended or created by this Agreement.

Trademark Information

The ZEST and zestforleaders.com logo, the Apricool™ and Apricool.com trademarks, service marks and baseline ("It's cool to know") and other ZEST logos and product and service names are trademarks of ZEST. Without ZEST prior permission, you agree not to display or use in any manner, the ZEST Marks.

Notice and procedure for making claims of copyright or intellectual property infringement

ZEST respects the intellectual property of others, and we ask our users to do the same. ZEST may, in appropriate circumstances and at its discretion, disable and/or terminate the accounts of users who may be repeat infringers. If you believe that your work has been copied in a way that constitutes copyright infringement, or your intellectual property rights have been otherwise violated, please provide ZEST the following information:

  • an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest;

  • a description of the copyrighted work or other intellectual property that you claim has been infringed;

  • a description of where the material that you claim is infringing 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 disputed use is not authorized by the copyright owner, its agent, or the law;

  • a statement by you, made under penalty of perjury, that the above information in your Notice is accurate and that you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner's behalf.

Resolution of Disputes

If a dispute arises between you and ZEST, our goal is to provide you with neutral and cost effective means of resolving the dispute quickly. Accordingly, you and ZEST agree that we will resolve any claim or controversy at law or equity that arises out of this Agreement or our services (a "Claim") in accordance with one of the subsections above or as we and you otherwise agree in writing. Before resorting to these alternatives, we strongly encourage you to first contact us directly to seek a resolution by sending a mail to contact@zestforleaders.com. We will consider reasonable requests to resolve the dispute through alternative dispute resolution procedures, such as mediation or arbitration, as alternatives to litigation. Would these dispute resolution procedures fail, further steps are subject to the Belgian law and to Belgian courts except when specified differently in the law.