Terms and Conditions
2. Your Agreement to the Terms
YOUR ACCESS TO OR USE OF ANY THE SERVICES SIGNIFIES THAT YOU HAVE READ, UNDERSTOOD, AND AGREED TO BE BOUND BY THE TERMS. By accessing or using any Services you also represent that you have the legal authority to accept the Terms on behalf of yourself and any party you represent in connection with your use of any Services. If you do not agree to the Terms, you are not authorized to use any Services.
3. Changes to the Terms
From time to time, zco.mx may change, remove, or add to the Terms, and reserves the right to do so in its discretion. In that case, we will post updated Terms and indicate the date of revision. If we feel the modifications are material, we will make reasonable efforts to post a prominent notice on the relevant Website(s) and notify those of you with a creators account via email. All new and/or revised Terms take effect immediately and apply to your use of the Services from that date on, except that material changes will take effect 30 days after the change is made and identified as material. Your continued use of any Services after new and/or revised Terms are effective indicates that you have read, understood, and agreed to those Terms.
4. Content Available through the Services
Provided as-is: You acknowledge that zco.mx does not make any representations or warranties about the material, data, and information, such as data files, text, computer software, code, music, audio files or other sounds, photographs, videos, or other images (collectively, the “Content”) which you may have access to as part of, or through your use of, the Services. Under no circumstances is zco.mx for any Content, including, but not limited to: any infringing Content, any errors or omissions in Content, or for any loss or damage of any kind incurred as a result of the use of any Content posted, transmitted, linked from, or otherwise accessible through or made available via the Services. You understand that by using the Services, you may be exposed to Content that is offensive, indecent, or objectionable.
You agree that you are solely responsible for your reuse of Content made available through the Services. You should review the terms of the applicable license before you use the Content so that you know what you can and cannot do. Licensing:
zco.mx Owned Content: All Content on the Website is licensed under the Creative Commons Attribution 4.0 International license, unless otherwise marked.
zco.mx Owned Code: All of zco.mx software code is free software; please check our code repository https://github.com/zcomx/zcomix.com and read LICENSE for the specific licensing of software.
5. Content Supplied by You
Your responsibility: You represent, warrant, and agree that no Content posted or otherwise shared by you on or through any of the Services (“Your Content”), violates or infringes upon the rights of any third party, including copyright, trademark, privacy, publicity, or other personal or proprietary rights, breaches or conflicts with any obligation, such as a confidentiality obligation, or contains libelous, defamatory, or otherwise unlawful material.
Licensing Your Content:
- You retain all ownership rights and any copyright rights that you may have in Your Content.
- By submitting Your Content to zco.mx, you hereby grant zco.mx a worldwide, non-exclusive, royalty-free, sublicenseable and transferable license to use, reproduce, distribute, display, and perform Your Content in connection with the zco.mx Services You also hereby grant each user of the Service a non-exclusive license to access your Content through the Service, and to use, reproduce, distribute, display and perform such Content as permitted through the functionality of the Service and under these Terms. The above licenses granted by you in Your Content you submit to the Service terminate within a commercially reasonable time after you remove or delete Your Content from the Service. You understand and agree, however, that zco.mx may retain, but not display, distribute, or perform, server copies of Your Content that have been removed or deleted.
- You may choose to publish ("Release") specific books, images or items ("Work") of Your Content using zco.mx Services. For a specific Work you Release, you agree to select from the available Creative Commons Attribution Licences (CC BY, CC BY-SA, CC BY-ND, CC BY-NC, CC BY-NC-SA, CC BY-NC-ND). Upon the Release of Work you agree that Work is licensed under the specified Creative Commons license you select and you grant zco.mx all rights granted under that license with regard to Work including, but not limited to, formatting and packaging, for example as a comic book archive file and a BitTorrent file, and distribution using third party services and protocols such as BitTorrent and Magnet URIs. You also grant the public the same rights under the selected license with regard to Work.
Removal: zco.mx may, but is not obligated to, review Your Content and may delete or remove Your Content (without notice) from any of the Services in its sole discretion. Removal of any of Your Content from the Services (by you or zco.mx) does not impact any rights you granted in Your Content under the terms of a Creative Commons license.
6. Participating in our Community: Registered Users
By registering for an account through any of the Services you represent and warrant that you (1) are the age of majority in your jurisdiction (typically age 18) or, (2) are over the age of 13 and have the express permission of a legal guardian to obtain an account and to use Services in connection with the account. Services offered to registered users are provided subject to these Terms.
Registration: You agree to (a) only provide accurate and current information about yourself, (b) maintain the security of your passwords and identification, (c) promptly update the email address listed in connection with your account to keep it accurate so that we can contact you, and (d) be fully responsible for all uses of your account. You must not set up an account on behalf of another individual or entity unless you are authorized to do so.
No Membership in zco.mx: Using the Website or any Services does not and shall not be deemed to make you a member, shareholder or affiliate of zco.mx for any purposes whatsoever.
Termination: zco.mx reserves the right to modify or discontinue your account at any time for any reason or no reason at all.
7. Prohibited Conduct
You agree not to engage in any of the following activities:
1. Violating laws and rights:
- You may not (a) use any Service for any illegal purpose or in violation of any local, provincial, national, or international laws, (b) violate or encourage others to violate any right of or obligation to a third party, including by infringing, misappropriating, or violating intellectual property, confidentiality, or privacy rights.
- You may not use the Services or any information provided through the Services for the transmission of advertising or promotional materials, including junk mail, spam, chain letters, pyramid schemes, or any other form of unsolicited or unwelcome solicitation.
- You may not use the Services in any manner that could disable, overburden, damage, or impair the Services, or interfere with any other party’s use and enjoyment of the Services; including by (a) uploading or otherwise disseminating any virus, adware, spyware, worm or other malicious code, or (b) interfering with or disrupting any network, equipment, or server connected to or used to provide any of the Services, or violating any regulation, policy, or procedure of any network, equipment, or server.
4. Harming others:
- You may not post or transmit Content on or through the Services that is harmful, offensive, obscene, abusive, invasive of privacy, defamatory, hateful or otherwise discriminatory, false or misleading, or incites an illegal act;
- You may not intimidate or harass another through the Services; and,
- You may not post or transmit any personally identifiable information about persons under 13 years of age on or through the Services.
5. Impersonation or unauthorized access:
- You may not impersonate another person or entity, or misrepresent your affiliation with a person or entity when using the Services;
- You may not use or attempt to use another’s account or personal information; and,
- You may not attempt to gain unauthorized access to the Services, or the computer systems or networks connected to the Services, through hacking password mining or any other means.
8. DISCLAIMER OF WARRANTIES
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, ZCO.MX OFFERS THE SERVICES (INCLUDING ALL CONTENT AVAILABLE ON OR THROUGH THE SERVICES) AS-IS AND MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND CONCERNING THE SERVICES, EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING WITHOUT LIMITATION, WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. ZCO.MX DOES NOT WARRANT THAT THE FUNCTIONS OF THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE, THAT CONTENT MADE AVAILABLE ON OR THROUGH THE SERVICES WILL BE ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT ANY SERVERS USED BY ZCO.MX ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. ZCO.MX DOES NOT WARRANT OR MAKE ANY REPRESENTATION REGARDING USE OF THE CONTENT AVAILABLE THROUGH THE SERVICES IN TERMS OF ACCURACY, RELIABILITY, OR OTHERWISE.
9. LIMITATION OF LIABILITY
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL ZCO.MX BE LIABLE TO YOU ON ANY LEGAL THEORY FOR ANY INCIDENTAL, DIRECT, INDIRECT, PUNITIVE, ACTUAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, OR OTHER DAMAGES, INCLUDING WITHOUT LIMITATION, LOSS OF REVENUE OR INCOME, LOST PROFITS, PAIN AND SUFFERING, EMOTIONAL DISTRESS, COST OF SUBSTITUTE GOODS OR SERVICES, OR SIMILAR DAMAGES SUFFERED OR INCURRED BY YOU OR ANY THIRD PARTY THAT ARISE IN CONNECTION WITH THE SERVICES (OR THE TERMINATION THEREOF FOR ANY REASON), EVEN IF ZCO.MX HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, ZCO.MX IS NOT RESPONSIBLE OR LIABLE WHATSOEVER IN ANY MANNER FOR ANY CONTENT POSTED ON OR AVAILABLE THROUGH THE SERVICES (INCLUDING CLAIMS OF INFRINGEMENT RELATING TO THAT CONTENT), FOR YOUR USE OF THE SERVICES, OR FOR THE CONDUCT OF THIRD PARTIES ON OR THROUGH THE SERVICES.
Certain jurisdictions do not permit the exclusion of certain warranties or limitation of liability for incidental or consequential damages, which means that some of the above limitations may not apply to you. IN THESE JURISDICTIONS, THE FOREGOING EXCLUSIONS AND LIMITATIONS WILL BE ENFORCED TO THE GREATEST EXTENT PERMITTED BY APPLICABLE LAW.
To the extent authorized by law, you agree to indemnify and hold harmless zco.mx, its employees, officers, directors, affiliates, and agents from and against any and all claims, losses, expenses, damages, and costs, including reasonable legal fees, resulting directly or indirectly from or arising out of (a) your violation of the Terms, (b) your use of any of the Services, and/or © the Content you make available on any of the Services.
11. Copyright Complaints
zco.mx respects copyright, and we prohibit users of the Services from submitting, uploading, posting, or otherwise transmitting any Content on the Services that violates another person’s proprietary rights.
To report allegedly infringing Content hosted on a website owned or controlled by zco.mx, follow the instructions on zco.mx’s Notice and Procedure for Making Claims of Copyright Infringement page.
By zco.mx: zco.mx may modify, suspend, or terminate the operation of, or access to, all or any portion of the Services at any time for any reason. Additionally, your individual access to, and use of, the Services may be terminated by zco.mx at any time and for any reason.
By you: If you wish to terminate this agreement, you may immediately stop accessing or using the Services at any time.
Automatic upon breach: Your right to access and use the Services (including use of a personal login account) terminates automatically upon your breach of any of the Terms.
Survival: The disclaimer of warranties, the limitation of liability, and the jurisdiction and applicable law provisions will survive any termination. The license grants applicable to Your Content are not impacted by the termination of the Terms and shall continue in effect subject to the terms of the applicable license. Your warranties and indemnification obligations will survive for one year after termination.
13. Miscellaneous Terms
Choice of law: The Terms are governed exclusively by and construed in accordance with the laws of the province of Ontario, Canada and you submit to the jurisdiction of the courts of Ontario, Canada.
Dispute resolution: The parties agree that any disputes between zco.mx and you concerning these Terms, and/or any of the Services may only brought in a federal or provincial court of competent jurisdiction sitting in Ontario, and you hereby consent to the personal jurisdiction and venue of such court.
No waiver: Either party’s failure to insist on or enforce strict performance of any of the Terms will not be construed as a waiver of any provision or right.
Severability: If any part of the Terms is held to be invalid or unenforceable by any law or regulation or final determination of a competent court or tribunal, that provision will be deemed severable and will not affect the validity and enforceability of the remaining provisions.
No agency relationship: The parties agree that no joint venture, partnership, employment, or agency relationship exists between you and zco.mx as a result of the Terms or from your use of any of the Services.
Integration: These Terms constitute the entire agreement between you and zco.mx relating to this subject matter and supersede any and all prior communications and/or agreements between you and zco.mx relating to access and use of the Services.
zco.mx aims to be open to a variety of content and artistic expression. However, there are limits. Content should present entertainment and artistic value. All content will be moderated and unacceptable material will be removed. To the best of their ability, zco.mx moderators will attempt to be consistent, unbiased and fair in its decisions.
The following material is not permitted on zco.mx.
- Copyrighted material you do not have license or permission to publish
- Harmful, or dangerous content
- Hateful, defaming or threating material
- Content encouraging or promoting illegal activity
- Spam, marketing, or scams
As used in this policy, “personal information” means information that would allow a party to identify you such as, for example, your name, address or location, telephone number, or email address.
- Privacy policies and data collection and use policies should be human readable, comprehensive, and easy to locate;
- Only the minimum amount of information reasonably necessary to provide you with services should be collected and maintained, and only for so long as reasonably needed or required;
- Information you provide through our Services, or that we gather as a result of your use of our Services, should not be used for marketing or advertising purposes, nor should it be provided voluntarily (without your permission) to anyone else unless required; and
- If zco.mx is required to provide a third party with your personal information (whether by subpoena or otherwise), then provided we have collected and retained an email address for you, zco.mx will use reasonable means to notify you promptly of that event, unless prohibited by law or zco.mx is otherwise advised not to notify you on the advice of legal counsel.
Personal Information zco.mx Collects
We may collect personal information through our Services, including without limitation:
- when you provide us with your personal information such as by sending an email to us or signing up to receive updates from zco.mx;
- when you donate money to content creators ("Creators") or us;
- when you create a Creator Account or agree to have a Creator Account created for you;
- when you provide personal information in connection with your participation in any of the forums we make available through our Services.
What zco.mx Does with Personal Information
Emails and Newsletters. We use the personal information you provide to us when you send us emails or sign up to receive updates from zco.mx in order to respond to your request – for example, to reply to your email or to send you communications about zco.mx news and updates.
When you subscribe to updates from us, your email address is sent to and stored in a database hosted on zco.mx’ servers that can only be accessed by zco.mx staff and contractors. When you subscribe to one of our email discussion lists, your name and email address is sent to and stored by (1) zco.mx, or (2) another service with which zco.mx has engaged to provide email support. Personal information submitted as part of our email discussion lists is used for the purpose of managing the discussion lists. Your name and email address will typically be visible to other list participants when you correspond on the list and to the general public in the discussion archives. All emails sent to the discussions lists are publicly archived.
Participating in Our Community
Registered Users. When you register to obtain a user account on any of the Services (any such person, a “Registered User”), including but not limited to Creator Account, you may be asked to provide personal information to create your account and establish a password and profile. We encourage you to use an alias or nickname if you are not comfortable providing your legal name. The name or nickname you provide in connection with your account may be used to attribute you in connection with any content you submit to any Service. We also use that personal information to establish and maintain your account, to provide you with the features we provide Registered Users, and to email you regarding changes to this policy or other applicable policies. If you sign up to receive updates from zco.mx when you create your account, we will use your personal information to send you communications about zco.mx news and updates.
Disclosures of Personal Information
In general, it is not zco.mx’s practice to disclose personal information to third parties. We may share your personal information in two instances:
First, zco.mx may share personal information with our contractors and service providers in order to maintain, enhance, or add to the functionality of the Services.
If zco.mx is required to provide a third party with your personal information (whether by subpoena or otherwise), then provided we have collected and retained an email address for you, zco.mx will use reasonable means to notify you promptly of that event, unless prohibited by law or zco.mx is otherwise advised not to notify you on the advice of legal counsel.
Security of Personal Information Collected via the Services
zco.mx has implemented reasonable measures to protect against unauthorized access to and unlawful interception or processing of personal information that zco.mx stores and controls. However, no website can fully eliminate security risks. Third parties may circumvent our security measures to unlawfully intercept or access transmissions or private communications. We will post a reasonably prominent notice to the Website if any such security breach occurs.
Data Usage Policy: Non Personal Browsing and Site Usage Information
Our Data Usage Policy covers how we maintain and use information about you that is collected by our Services, including when you log into a website using your zco.mx Creator Account.
Non Personal Browsing Information We Collect
When you use the Services, our servers (which may be hosted by a third party service provider) may collect information indirectly and automatically (through, for example, the use of your “IP address”) about your activities while visiting the Website and information about the browser you are using. In addition, whenever you use your zco.mx Creator Account to log into the website, our servers (which, again, may be hosted by a third party service provider) keep a log of the zco.mx pages you visit and when you visit them.
We do not intentionally link browsing information or information from our server logs to the personal information you submit to us. We use this information for internal purposes only, such as to help understand how the Services are being used, to improve our Services, and for systems administration purposes. zco.mx may use a third party analytics provider to help us collect and analyze non personal browsing information through operation of our Services for those same purposes.
No Selling or Sharing
zco.mx discards non personal browsing information from our server logs once we have used the information for the limited purposes noted above, under “No Linking.”
If zco.mx is required to provide a third party with your non personal browsing information or to log in on behalf of an Creator ACcount user (whether by subpoena or otherwise), then zco.mx will use reasonable means to notify you promptly of that event, unless zco.mx is prohibited by law from doing so or is otherwise advised not to notify you on the advice of legal counsel.
Reorganization or Spin-Offs
Special Note to International Users
Effective Date: 2015-03-18 (March 18th 2015)
https://zco.mx is licensed under a Creative Commons Attribution 4.0 International License.