Terms of Service

Last Modified: December 11, 2020

1. Terms

By accessing and using the Zergin, LLC website, applications, APIs, or widgets ("Zergin, LLC" or the "Service") you are agreeing to be bound by these terms of service, our Privacy Policy, all applicable laws and regulations, and agree that you are responsible for compliance with any applicable local laws. If you do not agree with any of these terms, you are prohibited from using or accessing this site. The materials contained in this website are protected by applicable copyright and trademark law.

2. Our Service

Zergin, LLC provides you with tools to discover, inspire, and create. We show you posts we think you will like based on your activity, and create services that allow you to be creative, play, and have fun. Some things we show you are promoted by advertisers. We try to match those advertisements to your interests so they are relevant, and all advertisements will be clearly labeled as such.

3. Use License

  1. You may use Zergin, LLC's Service only if you can legally form a binding contract with Zergin, LLC, and only in compliance with these Terms and all applicable laws. Using the Zergin, LLC website, mobile applications, or other services may include downloading software to your computer, phone, tablet, or other devices. You agree that we may automatically update that software and these Terms will apply to any updates. As a Zergin, LLC Member, permission is granted to you to borrow and view the Content offered on the platform. Under this license you may not:
    1. modify or copy the materials;
    2. use the materials for any commercial purpose, or for any public display (commercial or non-commercial);
    3. attempt to decompile or reverse engineer any software contained on Zergin, LLC's website or mobile applications;
    4. remove any copyright or other proprietary notations from the materials; or
    5. transfer the materials to another person or "mirror" the materials on any other server.
  2. This license shall automatically terminate if you violate any of these restrictions and may be terminated by Zergin, LLC at any time. Upon terminating your viewing of these materials or upon the termination of this license.

4. Content

Zergin allows you to post content including photos, comments, links, articles, and more. You retain the rights to all content you post on Zergin. We reserve the right to remove any user content that we believe violates these Terms or our community guidelines

5. Digital Millennium Copyright Act

Copyright law protects all Content provided through Zergin, LLC. If you are a copyright owner and believe that any Content on Zergin, LLC infringes upon your copyrights, you may submit a copyright infringement notice to our Copyright Agent including the following information:

  1. A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
  2. Identification of the copyrighted work claimed to have been infringed, or if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
  3. Identification of the material that is claimed to be infringing or to be the subject of infringing activity and 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;
  4. Information reasonably sufficient to permit the service provider to contact you, such as an address, telephone number, and, if available, an electronic mail;
  5. A statement that you have 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; and
  6. A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

You may direct copyright infringement notices to our DCMA Agent at 1501 Main St., Hays, KS 67601, or via email: hello@zergin.com. You acknowledge that if you fail to comply with all of these requirements, your DMCA notice may not be valid.

If you believe that your Content that was removed (or to which access was disabled) is not infringing, or that you have the authorization from the copyright owner, the copyright owner's agent, or pursuant to the law, to post and use the material in your Content, you may send a counter-notice containing the following information to the Copyright Agent: nMile, LLC, 1501 Main St, Hays KS 67601.

  1. Your physical or electronic signature;
  2. Identification of the Content that has been removed
  3. A statement that you have a good faith belief that the Content was removed or disabled as a result of mistake or a misidentification of the Content;
  4. Your name, address, telephone number, and e-mail address, a statement that you consent to the jurisdiction of the courts in Kansas, and a statement that you will accept service of process from the person who provided notification of the alleged infringement.

If a counter-notice is received by the Copyright Agent, Zergin, LLC may send a copy of the counter-notice to the original complaining party informing that person that it may replace the removed Content or cease disabling it in 10 business days. Unless the copyright owner files an action seeking a court order against the Content provider, member or user, the removed Content may be replaced, or access to it restored, in 10 to 14 business days or more after receipt of the counter-notice, at Zergin, LLC's sole discretion.

6. Disclaimer

  1. The materials on Zergin, LLC's website and via mobile applications are provided on an 'as is' basis. Zergin, LLC makes no warranties, expressed or implied, and hereby disclaims and negates all other warranties including, without limitation, implied warranties or conditions of merchantability, fitness for a particular purpose, or non-infringement of intellectual property or other violation of rights.
  2. Further, Zergin, LLC does not warrant or make any representations concerning the accuracy, likely results, or reliability of the use of the materials on its website or otherwise relating to such materials or on any sites linked to this site.

7. Limitations

In no event shall Zergin, LLC or its suppliers be liable for any damages (including, without limitation, damages for loss of data or profit, or due to business interruption) arising out of the use or inability to use the materials on Zergin, LLC's website, even if Zergin, LLC or a Zergin, LLC authorized representative has been notified orally or in writing of the possibility of such damage. Because some jurisdictions do not allow limitations on implied warranties, or limitations of liability for consequential or incidental damages, these limitations may not apply to you.

8. Accuracy of materials

The materials appearing on Zergin, LLC's website could include technical, typographical, or photographic errors. Zergin, LLC does not warrant that any of the materials on its website are accurate, complete, or current. Zergin, LLC may make changes to the materials contained on its website at any time without notice. However Zergin, LLC does not make any commitment to update the materials.

9. Links

Zergin, LLC has not reviewed all of the sites linked to its website and is not responsible for the contents of any such linked site. The inclusion of any link does not imply endorsement by Zergin, LLC of the site. Use of any such linked website is at the user's own risk.

10. Modifications

Zergin, LLC may revise these terms of service for its website at any time without notice. By using this website you are agreeing to be bound by the then current version of these terms of service.

11. Governing Law

These terms and conditions are governed by and construed in accordance with the laws of Kansas and you irrevocably submit to the exclusive jurisdiction of the courts in that State or location.

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