THIS IS A LEGALLY-BINDING CONTRACT. THESE TERMS OF SERVICE AFFECT YOUR LEGAL RIGHTS AND WILL BE WHOLLY AGREED TO BY YOU THROUGH USE OF THE Zen Pro Events, INC. WEBSITE OR SERVICES. FURTHER, THESE TERMS OF SERVICE WILL WHOLLY GOVERN YOUR RELATIONSHIP WITH Zen Pro Events, INC. AND YOUR USE OF ITS WEBSITE AND/OR SERVICES.
IF YOU DO NOT WHOLLY AGREE TO THE TERMS OF SERVICE HEREIN, DO NOT USE ANY Zen Pro Events, INC. SERVICES!
PLEASE READ CAREFULLY.
PRIVACY POLICY IS INCORPORATED AND MADE A BINDING PART OF THESE TERMS OF SERVICE.
Key Term Definitions
Access and/or Use: The act of electronically visiting the kidscity.ro Website and/or taking advantage of Services or any information provided by Zen Pro Events.
Service(s): All Zen Pro Events services, including, but not limited to, all content, data, documents, graphics, information (whether or not User Content), products, text, and all other elements offered through the Website.
Users and/or Visitors: All individuals, partners, or groups, including all business, commercial, non-profit, organizations or entities in whatever form, whether legally recognized or not, who Access, Use, or take advantage of Zen Pro Events Services.
Website: Any website(s) owned or operated by Zen Pro Events.
- OVERVIEW OF Zen Pro Events SERVICES
Zen Pro Events provides Users with online content. The Zen Pro Events kidscity.ro Website offers digital content and Services to help make Users informed.
Zen Pro Events desire to provide easy-to-use and practical solutions for its Users is why Zen Pro Events craves to constantly improve, fix, and enhance its products and Services. Zen Pro Events is committed to help Users. Should You wish to contact Zen Pro Events for any reason, please send an email to contact@kidscity.ro. - ACCEPTANCE OF TERMS OF SERVICE
These Terms of Service are a legally-binding agreement between You and Zen Pro Events regarding Use of the Website kidscity.ro as made available by Zen Pro Events and/or its authorized licensor(s) (“Licensor”). Zen Pro Events makes available its Website and Services for Your Use subject to the terms and conditions set forth in these Terms of Service. By Accessing and Using the Zen Pro Events Website kidscity.ro and Services, You AGREE to be bound by and to ACCEPT these Terms of Service and all terms and conditions contained and/or referenced herein as well as any additional terms and conditions set forth on the Website.
If You do NOT AGREE to ALL the terms and conditions contained in these Terms of Service, You should NOT Use or take advantage of any Zen Pro Events Services.
- PRIVACY POLICY
Zen Pro Events respects Your privacy and the use and protection of Your Personal Information.
Please see Zen Pro Events Privacy Policy at kidscity.ro for important information and disclosures relating to the collection and use of Your Personal Information in connection with Your use of the Zen Pro Events Website and Services.
- INTELLECTUAL PROPERTY (IP)
4 .1 Sole Ownership of IP Rights
The Zen Pro Events Website, in its entirety (except for User Content), including the Zen Pro Events Website name and logo, and all other Zen Pro Events Services, Content, site design, text, data, interfaces, product and service names, design marks, logos, button icons, legends, images, photographs, music, audio or video clips, titles, page headers, graphics, software and the selection, expression, structure, arrangement, coordination, enhancement and presentation of said elements, as well as the “look and feel” of the Zen Pro Events Website (including color combinations, layout, design and all other graphical elements), are the sole property of Zen Pro Events and/or its authorized affiliates or Licensors. The foregoing elements of Zen Pro Events are protected by any and all U.S. and international copyright, service mark, and trademark treaties, laws, regulations, and rules and may not be copied, used or re-used for any purpose not expressly authorized in these Terms of Service, without Zen Pro Events prior written permission. You acknowledge that these rights are valid and protected in all forms, media, and technologies existing now or hereinafter developed. Material published by Zen Pro Events on the Zen Pro Events Website may contain other proprietary notices or describe products, services, processes, or technologies owned by Zen Pro Events to which the same such protections and rights discussed above will exist, unless such material is rightly owned by a third party.
4.2 Use of Zen Pro Events IP
Nothing in these Terms of Service or through the Use of Zen Pro Events Services shall be construed as granting You a license to Use such material under any copyright, service mark, trademark, patent or other intellectual property right of Zen Pro Events or any other third party, except as otherwise granted herein. Similarly, unless otherwise specifically provided herein or authorized by Zen Pro Events in writing, all rights in the Website, Services, and Content not expressly granted to You is reserved by Zen Pro Events. Pursuant to the License granted herein or as otherwise set forth, You AGREE not to copy, republish, frame, or make available for assign, download, distribution, lease, license, loan, modification, rent, sale, sublicense, transmission, reverse engineering, or creation of derivative works based on the Content, Website, Services, or Zen Pro Events itself, other than in conjunction with the Services offered by Zen Pro Events.
- TOOLS AND STATISTICAL DATA
5.1 Monitoring of Services
Zen Pro Events may use tools, scripts, software, and utilities (collectively, “tools”) to monitor and administer the Services and to help resolve any Zen Pro Events service requests. The tools will not collect, report, or store any of Your data residing in the service production environment, except as necessary to troubleshoot service requests or other problems in the Services provided. Data collected by the tools (excluding production data) may also be used to assist in managing Zen Pro Events product and service portfolio and for license management.
5.2 Statistical Information
Zen Pro Events may compile statistical information related to the performance of its Services and may make such information publicly available, provided that such information does not incorporate and/or identify Your data, Your confidential information, or include Your company’s name. Zen Pro Events retains all intellectual property rights in such statistical information.
- LINKING TO THE WEBSITE
Linking to this Website is permitted provided that You comply with the following rules. You may link to the home page of this Website or to any other page of this Website. However, You are not allowed to use in-line linking (or hot-linking) or framing. You must not imply that Zen Pro Events endorses or sponsors the linker or its website, products or services. You must not use Zen Pro Events intellectual property, including, but not limited to, trademarks, trade names, and copyrights without advance written permission from Zen Pro Events. Furthermore, You AGREE to remove the link at any time upon Zen Pro Events request. - WARRANTIES AND DISCLAIMERS
7.1 Services “As Is” and “As Available.”
EXCEPT AS OTHERWISE PROVIDED IN THIS SECTION, ALL CONTENT AND/OR SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE.” Zen Pro Events HEREBY EXPRESSLY DISCLAIMS ANY REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION WARRANTIES OF MERCHANTABILITY, FITNESS FOR ANY PARTICULAR PURPOSE, NON-INFRINGEMENT, OR AS TO THE OPERATION OF THIS WEBSITE, SERVICES OR THE CONTENT. Zen Pro Events DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS AS TO THE SECURITY OF THIS WEBSITE, THE SERVICES, OR CONTENT. YOU ACKNOWLEDGE THAT ANY INFORMATION SENT MAY BE INTERCEPTED IN TRANSMISSION OR OTHERWISE. Zen Pro Events DOES NOT WARRANT THAT THE WEBSITE, SERVICES, CONTENT, OR THE SERVERS WHICH MAKE THIS WEBSITE AVAILABLE OR ELECTRONIC COMMUNICATIONS SENT BY Zen Pro Events ARE FREE FROM VIRUSES OR ANY OTHER HARMFUL ELEMENTS. Except as agreed by Zen Pro Events in writing, contractors, agents, dealers or distributors of Zen Pro Events or any other third party shall not have a right to modify this limited warranty, nor to make any additional warranties.
7.2 Use at Your Own Risk
THE USE OF THE Zen Pro Events WEBSITE, SERVICES, OR THE DOWNLOADING OR OTHER USE OF ANY PRODUCTS THROUGH THE WEBSITE IS DONE AT YOUR OWN DISCRETION AND RISK AND WITH YOUR AGREEMENT THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM, LOSS OF DATA, OR OTHER HARM THAT RESULTS FROM SUCH ACTIVITIES. Zen Pro Events ASSUMES NO LIABILITY FOR ANY COMPUTER VIRUS OR OTHER SIMILAR SOFTWARE CODE THAT IS DOWNLOADED TO YOUR COMPUTER FROM THE WEBSITE OR IN CONNECTION WITH ANY SERVICES OR PRODUCTS OFFERED THROUGH THE WEBSITE. NO ADVICE OR INFORMATION WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM Zen Pro Events OR FROM THE WEBSITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS OF SERVICE.
The Website and Services may contain references to specific Zen Pro Events products and Services that may not be (readily) available in a particular country. Any such reference does not imply or warrant that any such products or Services shall be available at any time in any particular country.
You understand and AGREE that by Using the Website and Services, You may be exposed to Content that You may find offensive, indecent or objectionable and that, in this respect, You use the Website and Services at Your own risk.
7.3 Lack of Liability
IN NO EVENT SHALL Zen Pro Events OR ANY OF ITS PARTNERS OR AFFILIATES BE LIABLE FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, PUNITIVE, SPECIAL, OR INCIDENTAL DAMAGES (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF BUSINESS, CONTRACT, REVENUE, DATA, INFORMATION OR BUSINESS INTERRUPTION). THIS REFUSAL OF LIABILITY SHALL EXIST UNDER ANY THEORY OF LIABILITY RESULTING FROM, ARISING OUT OF, OR IN CONNECTION WITH THE USE OF, OR INABILITY TO USE, THE WEBSITE OR SERVICES, OR THE CONTENT, PRODUCTS, SERVICES, STATEMENTS, OR ACTIONS OF ANY THIRD PARTY ON OR THROUGH THIS WEBSITE AND SERVICES, ANY UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSION OR DATA, ANY INFORMATION THAT IS SENT OR RECEIVED, OR NOT SENT OR RECEIVED, ANY FAILURE TO STORE DATA, ANY LOSS OF DATA, LOSS OR DAMAGE TO FILES, LOSS OR DAMAGE TO THE CONTENT, OR ANY SERVICES AVAILABLE THROUGH THE WEBSITE THAT ARE DELAYED OR INTERRUPTED, EVEN IF Zen Pro Events HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. ANY ACTION BROUGHT AGAINST Zen Pro Events PERTAINING TO OR IN CONNECTION WITH THIS WEBSITE AND SERVICES MUST BE COMMENCED AND NOTIFIED TO Zen Pro Events IN WRITING WITHIN ONE (1) YEAR AFTER THE DATE THE CAUSE FOR ACTION AROSE.
7.4 Limitation of Liability
IN NO EVENT SHALL Zen Pro Events TOTAL LIABILITY TO YOU FOR ALL DAMAGES IN ANY ONE OR MORE CAUSES OF ACTION, WHETHER IN CONTRACT, TORT OR OTHERWISE EXCEED THE COST OF THE PRODUCTS OR SERVICES PURCHASED. THIS LIMITATION OF LIABILITY SHALL NOT APPLY TO LIABILITY FOR DEATH OR PERSONAL INJURY TO THE EXTENT THAT APPLICABLE LAW PROHIBITS SUCH LIMITATION. FURTHERMORE, BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
- ENDING YOUR RELATIONSHIP WITH Zen Pro Events
These Terms of Service will continue to apply until terminated by either You or Zen Pro Events in accordance with these Terms of Service. If You want to terminate Your legal agreement with Zen Pro Events, You may do so by: (i) notifying Zen Pro Events at any time, and (ii) closing Your accounts for all of the Services which You use. Any notice of termination should be sent to the contact e-mail address. Zen Pro Events reserves the right to terminate its legal agreement with You at its sole discretion. - FEEDBACK
You may from time to time provide suggestions, comments, or other feedback to Zen Pro Events with respect to any product, material, software, or information provided by Zen Pro Events (“Feedback”). Such Feedback is warmly appreciated and welcomed as Zen Pro Events strives to bring You the best possible Services. All Feedback is and shall be entirely voluntary and shall not, absent a separate agreement, create any confidentiality obligation for Zen Pro Events. Zen Pro Events will not disclose the source of any Feedback without notice to the providing party. However, Zen Pro Events shall be free to disclose and use such Feedback as it sees fit, entirely without obligation of any kind to You. The foregoing shall not, however, affect either Your or Zen Pro Events’ obligations hereunder with respect to the information protected pursuant to Zen Pro Events Privacy Policy. - SERVICE ACCESS
If the Website and/or Services are not available for any period or any time, Zen Pro Events shall not be liable. Zen Pro Events gives no warranties as to the accessibility, performance, or availability of its Website or Services. Temporary suspension of access to the Website or Services may occur without notice at Zen Pro Events sole discretion including, without limitation, in the case of repair, maintenance, system failure, or for reasons beyond Zen Pro Events control. Zen Pro Events reserves the right to suspend the operation of its Website or Services but will only do so on a good faith basis. You AGREE that neither Zen Pro Events nor its third-party providers will be liable to You in any way for the termination, suspension, interruption, or delay of Your Services, Products, or access to the Zen Pro Events Website. - INDEMNIFICATION
You hereby AGREE to indemnify and hold harmless Zen Pro Events, its affiliates, officers, directors, agents, and employees, from any expense, loss, claim, damage, fine, penalty, or liability, which includes reasonable attorney fees and other professionals’ costs, which are payable under any judgment, verdict, court order or settlement, to the extent resulting from any claim, demand, action, suit, arbitration, or other proceeding initiated by any third party, including the assessment, claim or demand by a governmental agency or entity, arising out of User Content or Your breach of any representation, warranty, obligation, or covenant of these Terms of Service, or any products or Services purchased or obtained by You in connection with the Zen Pro Events Website.
Zen Pro Events retains the exclusive right to compromise, pay, and settle, without Your consent, any and all claims or causes of action that are brought against Zen Pro Events. Zen Pro Events also reserves the right, at Your expense, to assume the exclusive control or defense of any matter for which You are required to indemnify Zen Pro Events and You AGREE to cooperate with the defense of these claims. You AGREE not to settle any matter in which Zen Pro Events is named as a defendant and/or for which You have indemnity obligations under Section 27, hereof, without Zen Pro Events prior written Consent. Zen Pro Events will use all reasonable efforts to communicate with and notify You of any such action, claim, or other proceeding in an acceptable and timely manner.
- ASSIGNMENT
Zen Pro Events may assign or delegate these Terms of Service, in whole or in part, to any person or entity at any time with or without Your consent. You, however, may not assign or delegate any rights or obligations under these Terms of Service without Zen Pro Events prior written consent, and any unauthorized assignment and delegation by You shall be void and ineffective. - AGREEMENT TO DEAL ELECTRONICALLY
All transactions with or through the Website or Services shall, unless initiated otherwise at Zen Pro Events option, be conducted and executed electronically. Zen Pro Events may keep records of any type of communication conducted via the Website or Services. You AGREE to receive and send electronic communications with Zen Pro Events, which shall include all agreements, disclosures, and notifications. All electronic records are deemed sent when they are properly addressed to the recipient and the record enters an information processing system outside the control of the sender or the record enters a region of an information processing system under the recipient’s control. All electronic records are received when the record enters an information processing system that the recipient has designated or uses for the purpose of receiving electronic records or information of the type sent, in a form capable of being processed by that system, and from which the recipient is able to retrieve the electronic record. - MISCELLANEOUS
14.1 Injunctive Relief
You acknowledge and AGREE that any violation or breach of these Terms of Service may cause Zen Pro Events immediate and irreparable harm and damage. As a result, Zen Pro Events has the right to, and may in its sole discretion, immediately obtain preliminary injunctive relief (including, without limitation, temporary restraining orders) and seek permanent injunctive relief against You regarding any violation or breach of these Terms of Service. In addition to any and all other remedies available to Zen Pro Events in law or in equity, Zen Pro Events may seek specific performance of any term in these Terms of Service.
14.2 Force Majeure
With the exception of payment obligations, neither You nor Zen Pro Events will be liable for the failure to abide by or to perform an obligation under these Terms of Service, to the extent that such failure is caused by a force majeure event. A force majeure event includes acts of God, action by a governmental entity, civil disturbances, loss of electricity and/or telecommunications, natural disasters, strike, terrorism, war, or any other such extreme event beyond the reasonable control of either You or Zen Pro Events.
14.3 Severability
These Terms of Service will be enforced to the fullest extent permitted by applicable law. If for any reason any provision of these Terms of Service is held to be invalid or unenforceable under applicable law, then (i) such provision will be interpreted, construed, or reformed to the extent necessary to render the same outcome as attempted in the original writing (or as close thereto as possible); and (ii) such invalidity or unenforceability will not affect any other provision of these Terms of Service. However, if any material limitation or restriction is deemed illegal, invalid, or otherwise unenforceable in regards to the User’s License, the License will immediately terminate.
14.4 Waiver; Terms of Service Rights
In the case Zen Pro Events or You waive any breach or rights under these Terms of Service, this waiver will affect only that particular situation and will not waive any other future breach or rights. Additionally, the failure of Zen Pro Events to enforce these Terms of Service under strict performance will not be construed as a waiver of Zen Pro Events rights and remedies, herein, nor shall the particular failure to enforce said situation stand as precedent that Zen Pro Events does not enforce these Terms of Service under strict performance. Zen Pro Events fully intends to enforce these Terms of Service in strict performance, however, Zen Pro Events reserves the right to enforce and waive breaches, remedies, and rights on a case-by-case basis. Any such waiver, as discussed above, must be made in writing and executed by Zen Pro Events, and when appropriate You, in order for any effect to be given to said waiver. No waiver will be effective without Zen Pro Events authorized signature, and when Your signature is required, no waiver also will be effective without Your authorized signature, unless Zen Pro Events can prove reasonable efforts were given or bad faith is at issue.
14.5 Governing Law and Jurisdiction
These Terms of Service shall be governed by and construed and enforced in accordance with the laws. In the event of a dispute arising from or relating to the subject matter of these Terms of Service, suit may be brought only in Romania. You further AGREE to submit to the personal jurisdiction of any such court for purposes of adjudicating any dispute arising from or relating to the subject matter of these Terms of Service and You AGREE to accept service of process in connection with any such suit. You also AGREE to the exclusive jurisdiction of the courts for any claim or cause of action arising out of, relating to, or in connection with these Terms of Service or the Website or Services, provided that such exclusivity does not apply to legal actions initiated or brought by Zen Pro Events.
14.6 Entire Agreement
These Terms of Service, including if not superseded by the most recent version (by calendar date of implementation) of Zen Pro Events Terms of Service, constitute the entirety of the agreement between Zen Pro Events and You to Access and Use the Zen Pro Events Website and Services. As stated, no waivers will be given effect that are not in writing, and likewise, no other documents shall be consulted or are necessary in interpreting this agreement between Zen Pro Events and You, besides these Terms of Service. Unless allowed for or excepted by these Terms of Service, the agreement between You and Zen Pro Events is wholly contained, herein.
