Terms of use

TERMS OF USE

These Terms of Use explain Napita Media Limited (“NML” or “we” or “our”) policies governing the use of our services and website at www.zestfully.co (the “Website”). These terms of use apply whether you are a registered user or just a visitor to zestfully.co. Please read these Terms of Use carefully before using our Site. By accessing, viewing or using our Site, you agree to these Terms of Use, which incorporate our Privacy Policy. IF YOU DO NOT AGREE TO THESE TERMS OF USE, DO NOT USE the Website.

We reserve the right to change these Terms of Use at any time at our sole discretion. All changes become effective as soon as they are posted. It is your responsibility to refer to the Terms whenever you access the Website. If you continue to use the Website after any changes to these Terms of Use, you agree to and accept those changes.

RIGHTS OF USE

Your use of The Website and the Content may only be used for your personal, non-commercial use.The trademarks, trade names and logos displayed are the property of Napita Media Limited. You may not use these without the prior written permission of Napita Media Limited.

You acknowledge that all intellectual property rights, including copyrights, trademarks, trade names, logos, in the content accessible (or available for download) on the Website, as well as text, pictures, graphics, video, audio material, software or any other form (Content) belong to NML or its licensors. All rights are hereby reserved.

You may retrieve and display the Content on a computer screen. You may also print out, but not photocopy, one copy of individual files on paper and store files in electronic form on disc, but not on any server or any other storage device connected to a network where the Content could be accessed by other users.

Except as set out above, you agree not to download, copy, reproduce, modify, store, archive, show in public, redistribute or commercially exploit in any way any part of the Content without the prior written permission of NML. You agree not to use the Content or the Website for any illegal or improper purpose, nor for any purpose which might infringe the rights of others, or which might harass or cause inconvenience of distress to any person.

You also agree to abide by all copyright notices and restrictions attached to the Content and not to remove any such notice or restriction, or alter the Content in any way.

YOUR CONDUCT IN CONNECTION WITH THE WEBSITE

The Website may include discussion forums, comment sections or other interactive areas. You agree to use such interactive areas only for non-commercial purposes. You are solely responsible and liable for any materials that you post or transmit to our Website. You are solely liable for any material that you upload or transmit to the discussion forums or interactive areas of the Website. You agree to act responsibly and treat others with respect. You agree not to use the Website to do any of the following:

1. Upload, post, e-mail, transmit, distribute or otherwise publish any message, information, text or other material (“Material”) that may be considered to be unlawful, harmful, libelous, tortious, defamatory, obscene, vulgar, pornographic, indecent, lewd, harassing, threatening, invasive of privacy or publicity rights, abusive, inflammatory, hateful or racially, ethnically or otherwise objectionable;
2. Upload or transmit any Material that would constitute or encourage a criminal offense, violate the rights of any party or that would otherwise create liability or violate any local, state, national or international law;
3. pload, e-mail, transmit or otherwise make available any Material that might infringe any patent, trademark, trade secret, copyright or other intellectual or proprietary right of any party;
4. Impersonate any person or entity or otherwise misrepresent your affiliation with a person or entity;
5. Distribute, publish or make available any unsolicited or unauthorized promotions, advertising or solicitations for funds, goods or services, including junk mail, spam and chain letters;
6. Harm minors in any way; or
7. Upload, post, e-mail, transmit or otherwise make available any Material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment.

YOUR SUBMISSIONS TO THE WEBSITE

By submitting any reviews, suggestions, feedback, comments, ideas or other items or information, whether or not solicited by NML, or creating a public presentation, (“Public Submissions”), you hereby grant to NML and other users of the Website an irrevocable, nonexclusive, perpetual, worldwide, royalty-free right and license with the right to sublicense (“License”) to use, display, publicly perform, modify, reproduce, publish, distribute, make derivative works of, sublicense and otherwise exploit your Public Submissions and all intellectual property rights therein, in any manner or medium now existing or hereafter developed. Public Submissions may be used for any purpose by NML and/or other users of the Website, and NML is under no obligation to publish or use any Public Submission. If your Public Submission is published, used and/or posted on the Website or otherwise used by NML, we may include your name, likeness, photo or biographical information in conjunction with such publication, posting or use. By submitting, disclosing or offering a Public Submission, you hereby grant NML the right to use your name in connection with the publication, use or posting of your Public Submission. You must include your full name and e-mail address with your Public Submission so that we can contact you if we have any questions about your Public Submission; however, only your name will be published with your Public Submission.

You hereby represent and warrant that you have the authority and right to grant the License and that your Public Submissions do not violate any third party intellectual property rights. You agree to take any necessary steps (such as executing affidavits) requested by NML as may be needed to confirm or formalize the License.

LINKS TO OUR WEBSITE AND TO OTHER WEBSITES

You are hereby granted a limited, revocable and nonexclusive right to create a hyperlink to any page of the Website so long as the link does not portray NML, its subsidiaries, affiliates, licensors or partners, or its or their respective services, in a false, misleading, derogatory or otherwise offensive or damaging manner.

We may provide a link to other websites that allow you to leave the Website to access third-party materials (“Linked Materials”). These Linked Materials are made available solely for your convenience. NML is not responsible for, does not monitor, has no control over and does not endorse the Linked Materials. You access the Linked Materials at your own risk.

NML may run advertisements and promotions from third parties on the Website. Your correspondence or business dealings with, or participation in promotions of, advertisers other than NML found on or through the Website, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such advertiser. NML is not 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 non-NML advertisers on the Website.

Third parties in the Website may provide links to other websites and/or resources. Thus, you acknowledge and agree that we are not responsible for the availability of any such external sites or resources, and as such, we do not endorse nor are we responsible or liable for any content, products, advertising or any other materials, on or available from such third party sites or resources. Furthermore, you acknowledge and agree that Napita Media Limited shall not be responsible or liable, directly or indirectly, for any such damage or loss which may be a result of, caused or allegedly to be caused by or in connection with the use of or the reliance on any such content, goods or Services made available on or through any such site or resource.

THIRD PARTY COMPONENTS

You acknowledge and agree that use of the services and the Website requires third party equipment and software (collectively, the “third party components”) that must be provided by you. The third party components include, without limitation, the following: a computer, a connection to the internet, operating system software and a web browser (the necessary version of any of the foregoing may be designated by NML from time to time). NML shall have no responsibility to you or any third party with respect to the third party components.

DISCLAIMER

YOUR USE OF THE WEBSITE AND SERVICES PROVIDED THEREIN IS AT YOUR SOLE RISK UNLESS EXPLICITLY STATED OTHERWISE. UNLESS EXPLICITLY STATED OTHERWISE, THE WEBSITE, INCLUDING THE SERVICES PROVIDED THEREIN, ARE PROVIDED ON AN “AS IS,” “AS AVAILABLE” AND “WITH ALL FAULTS” BASIS. UNLESS EXPLICITLY STATED OTHERWISE OR REQUIRED UNDER APPLICABLE LAW, NML DISCLAIMS ALL EXPRESS OR IMPLIED CONDITIONS, REPRESENTATIONS AND WARRANTIES OF ANY KIND, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTY OR CONDITION OF ACCURACY, MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. NML MAKES NO REPRESENTATIONS, WARRANTIES, CONDITIONS OR GUARANTEES AS TO THE USEFULNESS, QUALITY, SUITABILITY, TRUTH, ACCURACY OR COMPLETENESS OF THE WEBSITE OR THE SERVICES PROVIDED THEREIN. NML MAKES NO WARRANTY OR REPRESENTATION THAT THE WEBSITE OR SERVICES WILL BE UNINTERRUPTED, SECURE, ERROR-FREE OR FREE OF ANY VIRUSES, TROJAN HORSES OR WORMS.

UNLESS EXPLICITLY STATED OTHERWISE, YOU ASSUME ALL RISKS CONCERNING THE SUITABILITY AND ACCURACY OF THE INFORMATION WITHIN THE WEBSITE. THE WEBSITE MAY CONTAIN TECHNICAL INACCURACIES, TYPOGRAPHICAL ERRORS OR OMISSIONS. NML ASSUMES NO RESPONSIBILITY FOR AND DISCLAIMS ALL LIABILITY FOR ANY SUCH INACCURACIES, ERRORS OR OMISSIONS.

NML DOES NOT ENDORSE OR CLAIM OWNERSHIP OF, AND IS NOT LIABLE FOR, ANY CONTENT (INCLUDING, BUT NOT LIMITED TO, DATA, TEXT, INFORMATION, USERNAMES, GRAPHICS, IMAGES, PHOTOGRAPHS, PROFILES, AUDIO, VIDEO, ITEMS AND LINKS POSTED BY YOU, OTHER USERS OR OUTSIDE PARTIES ON THE WEBSITE), INCLUDING WITH RESPECT TO (a) THE ACCURACY OR RELIABILITY OF ANY OPINION, ADVICE OR STATEMENT MADE THROUGH THE WEBSITE BY ANY PARTY; OR (b) THE CAPABILITIES OR RELIABILITY OF ANY PRODUCT OR SERVICE OBTAINED FROM THE WEBSITE, OTHER THAN AS REQUIRED UNDER APPLICABLE LAW. UNDER NO CIRCUMSTANCE WILL NML BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A USER’S RELIANCE ON INFORMATION, PRODUCTS OR SERVICES OBTAINED THROUGH THE WEBSITE OR A LINKED WEBSITE. IT IS THE RESPONSIBILITY OF THE USER TO EVALUATE THE ACCURACY, COMPLETENESS, OR USEFULNESS OF ANY OPINION, ADVICE, PRODUCTS OR OTHER CONTENT AVAILABLE THROUGH THE WEBSITE OR THE SERVICES. YOU ASSUME COMPLETE RESPONSIBILITY FOR YOUR USE OF THE WEBSITE AND ANY LINKED WEBSITES.

LIMITATIONS OF LIABILITY

TO THE FULLEST EXTENT PERMITTED BY LAW, NML, ITS AFFILIATES AND ANY OTHER OF ITS OR THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES OR AGENTS WILL NOT BE LIABLE FOR ANY INDIRECT, PUNITIVE, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES (INCLUDING, WITHOUT LIMITATION, LOSS OF BUSINESS, REVENUE, PROFITS, GOODWILL, USE, DATA, OR OTHER ECONOMIC ADVANTAGE) ARISING OUT OF OR IN CONNECTION WITH THE WEBSITE OR THE SERVICES, EVEN IF NML HAS PREVIOUSLY BEEN ADVISED OF, OR REASONABLY COULD HAVE FORESEEN, THE POSSIBILITY OF SUCH DAMAGES, HOWEVER THEY ARISE, WHETHER IN BREACH OF CONTRACT OR IN TORT (INCLUDING NEGLIGENCE), INCLUDING, WITHOUT LIMITATION, DAMAGES DUE TO: (a) THE USE OF OR THE INABILITY TO USE THE WEBSITE OR SERVICES; (b) THE COST OF PROCUREMENT OF SUBSTITUTE SERVICES RESULTING FROM ANY DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED, OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO, THROUGH OR FROM THE WEBSITE; (c) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE WEBSITE, INCLUDING, WITHOUT LIMITATION, UNAUTHORIZED ACCESS TO OR ALTERATION OF TRANSMISSIONS OR DATA, MALICIOUS OR CRIMINAL BEHAVIOR, OR FALSE OR FRAUDULENT TRANSACTIONS; OR (d) CONTENT OR INFORMATION THAT YOU MAY DOWNLOAD, USE, MODIFY OR DISTRIBUTE. TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, NML’S AGGREGATE LIABILITY, AND THE AGGREGATE LIABILITY OF ITS LICENSORS, TO YOU OR ANY THIRD PARTIES FOR ANY CLAIMS ARISING OUT OF THE USE OF THIS WEBSITE OR ITS SERVICES IS LIMITED TO THE AMOUNT OF ANY PAYMENTS YOU MADE TO NML. TO THE EXTENT THAT ANY JURISDICTION DOES NOT ALLOW THE EXCLUSION OR LIMITATION OF DIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES, PORTIONS OF THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY.

INDEMNIFICATION

You will indemnify, defend and hold Napita Media Limited, and its subsidiaries, affiliates, predecessors, successors in interest, officers, managers, agents, licensors and employees, harmless from any claims, demand, loss or expense, including reasonable attorneys’ fees, made by any third party relating to or arising out of your use of the Website, your violation of these Terms of Use or your violation of any third party’s rights, including the infringement of a third party’s intellectual property rights by your Submissions.

You agree not to hold Napita Media Limited responsible for any action, inaction, omission or misstatement made by other users or for any harm arising from the Services or the Website.

NO WAIVER

Any express waiver or failure to exercise promptly any right under these Terms of Use will not create a continuing waiver or any expectation of non-enforcement.

APPLICABLE LAW

By accessing the Website you agree to accept that these Terms are governed by and construed in accordance with the laws of England. You also accept the exclusive jurisdiction of the English Courts in relation to any dispute that may arise in connection with these Terms or your use of the Website or arising in any way from the content on the Website.