Terms of Use

Welcome to the Ziblio, LLC (“Ziblio,” the “Website,” “we,” “us,” or “our”) Terms of Service. Please read these terms of service (“Terms of Use”) carefully before using this Website or any applications or services available from it.

1. FORMATION OF AGREEMENT. When you do any of the following, you or the entity or company that you represent (“you” or “your”) agree to be bound by this Terms of Use Agreement (this “Agreement”): (a) clicking on the “accept” button; (b) visiting this Website; (c) downloading or using materials downloaded from this Website; or (d) purchasing a hardbound book, softbound book, flush mount album, poster, calendar, or any other product that Ziblio may offer (collectively, “Products”) through this Website. If you do not unconditionally agree to all of the terms of this agreement, do not check the box, leave this Website immediately, do not download any materials from this Website, and do not order Products from this Website.
2. MINIMUM AGE; CAPACITY TO CONTRACT. To comply with the Children’s Online Privacy Protection Act, you must be at least 13 years old to visit this Website. You may purchase Products through this Website only if you are at least 18 years old and have the legal capacity to enter into contracts.
3. ZIBLIO WEBSITE. These Terms of Use apply to all users of the Ziblio Website whether or not you purchase Products. The Ziblio Website may contain links to third party websites that are not owned or controlled by Ziblio. Ziblio has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party websites. In addition, Ziblio will not and cannot censor or edit the content of any third-party website. By using the Website, you expressly relieve Ziblio from any and all liability arising from your use of any third-party website. Accordingly, we encourage you to be aware when you leave the Ziblio Website and to read the terms and conditions and privacy policy of each other website that you visit.
4. WEBSITE ACCESS. Ziblio hereby grants you permission to use the Website as set forth in these Terms of Service, provided that: (i) your use of the Website as permitted is solely for your personal, noncommercial use; (ii) you will not copy or distribute any part of the Website in any medium without Ziblio's prior written authorization; (iii) you will not alter or modify any part of the Website other than as may be reasonably necessary to use the Website for its intended purpose; and (iv) you will otherwise comply with the terms and conditions of these Terms of Service.
5. AUTOMATED ACCESS. You agree not to use or launch any automated system, including without limitation, “robots,” “spiders,” “offline readers,” etc., that accesses the Website in a manner that sends more request messages to the Ziblio servers in a given period of time than a human can reasonably produce in the same period by using a convention on-line web browser. Notwithstanding the foregoing, Ziblio grants the operators of public search engines permission to use spiders to copy materials from the Website for the sole purpose of creating publicly available searchable indices of the materials, but not caches or archives of such materials. Ziblio reserves the right to revoke these exceptions either generally or in specific cases. You agree not to collect or harvest any personally identifiable information, including account names, from the Website, nor to use the communication systems provided by the Website for any commercial solicitation purposes.
6. LICENSE GRANT. Subject to the terms of this Agreement, Ziblio hereby grants to you a limited, personal, non-transferable, nonexclusive and revocable license, without rights to sublicense, to download and use software to create Products (“Software”), the service that the software connects to (“Service”) and this Website (collectively, "Technology") only for your personal, non-commercial, internal use and only in accordance with any documentation that accompanies it. You certify that you are legally permitted to use the Technology to create Products. This Agreement is void where prohibited by law and the right to use the Technology in such jurisdictions is revoked.
7. AFFILIATED COMPANIES. Ziblio has entered into contractual arrangements with companies (“Affiliates”) to provide themes for Products that you may purchase through this Website. As part of such themes, this Website may include copyrighted material from Ziblio’s Affiliates (“Affiliate Content”). Subject to the terms of this Agreement, Ziblio and its Affiliates hereby grant to you a limited, personal, non-transferable, nonexclusive and revocable license, without rights to sublicense, to use Affiliate Content solely in connection with creating Products for purchase through this Website for a non-commercial purpose. Any other use of Affiliate Content is strictly prohibited and may constitute a violation of federal copyright law.
8. LICENSE RESTRICTIONS. Except as expressly and unambiguously permitted by this Agreement, you shall not, nor permit anyone else to, directly or indirectly: (i) copy (except for a reasonable number of backup copies), modify, reproduce, adapt, translate, create derivative works of, or distribute the Software; (ii) reverse engineer, disassemble, decompile or otherwise attempt to discover the source code, structure, ideas, algorithms, file formats, programming, interoperability interfaces, or sequence and organization of the Software, (to the extent such restrictions are allowable under applicable law); (iii) rent, lease, loan, sell or use the Software for timesharing or service bureau purposes, or otherwise use the Software or any commercial purpose; (iv) use any device, spider, robot, automatic software or device or manual process to hinder or impede or attempt to obstruct or hinder the proper working of the Technology or to monitor use of the Technology, (v) use any network monitoring or discovery software or device to determine Technology architecture or extract information or statistics about usage or user identities, (vi) take any action that, in Ziblio’s sole discretion, imposes an unreasonable or disproportionately large load on the Technology, or (vii) use the Technology and in any way to disseminate (including creating a Product that includes) content that is, in Ziblio’s sole discretion, abusive, defamatory, obscene or in violation of copyright or trademark laws. You shall maintain and not remove or obscure any proprietary notices on the Software. As between the parties, title, ownership rights, and intellectual property rights in and to the Technology, and any copies or portions thereof, shall remain in Ziblio and its suppliers or licensors. You understand that Ziblio may modify, suspend or discontinue offering any part of the Technology at any time including the availability of any feature, database or content. Ziblio may also impose limits on certain features and services or restrict your access to parts or all of the Technology without notice or liability. The Software is protected by the copyright laws of the United States and international copyright treaties. This Agreement does not give you any rights not expressly granted herein.
9. REGISTRATION. As a condition to using the Technology to create Products, you are required to register with Ziblio and select a user name ("User ID"). You agree to provide Ziblio with accurate, complete, and updated registration information. Failure to do so is a breach of this Agreement and may result in immediate termination of your account. You may not (i) select or use as a User ID that is the name of another person with the intent to impersonate that person; or (ii) use as a User ID a name subject to any rights of any other person without appropriate authorization. Ziblio reserves the right to refuse registration of or cancel a User ID in its discretion. You may never use another's User ID without permission. You are solely responsible for the activity that occurs on your account, and you must keep your account password secure. You must notify Ziblio immediately of any breach of security or unauthorized use of your account. Although Ziblio will not be liable for your losses caused by any unauthorized use of your account, you may be liable for the losses of Ziblio or others due to such unauthorized use.
10. SECURITY. The Technology does not interact with the process of securing financial transactions, such as purchases and credit card transactions. These transactions are provided through a third party under contract with Ziblio and such transactions are governed by the third party’s privacy policy and terms and conditions.
11. PRIVACY. Ziblio’s Privacy Policy is posted on its website at www.ziblio.com. As part of this Agreement, you acknowledge and accept Ziblio’s Privacy Policy.
12. ZIBLIO INTELLECTUAL PROPERTY. The content, software, graphics, logos, names and services (“Ziblio Content”) offered as part of the Technology as well as their selection and arrangement are protected by copyright, trademark, patent and/or other intellectual property laws and any unauthorized use of the Ziblio Content, in whole or in part, violates the law and the terms of the Agreement. Ziblio is a trademark or registered trademark of Ziblio, LLC. You may not remove or alter any trademark, trade names, product names, logos, copyrights or other proprietary notices in the Technology.
13. THIRD PARTY INTELLECTUAL PROPERTY. As a condition to your use of the Technology, you represent, warrant and covenant that you will not use the Technology: (i) to infringe the intellectual property rights or proprietary rights, or rights of publicity or privacy, of any third party; (ii) to violate any applicable law, statute, ordinance or regulation; (iii) to disseminate or transmit information or materials in any form or format that you should know is harmful, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, libelous, or otherwise objectionable under applicable laws or (iv) to disseminate any software viruses or any other computer code, files or programs that may interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment.
14. COPYRIGHT AND DISPUTE POLICY. You represent and warrant that you have all rights necessary to create, share and publish in a Product all media that you upload in conjunction with the Technology. Please contact customer support at support@ziblio.com if you believe that material or content residing on or accessible through this Website infringes a copyright.
15. CONTENT THAT YOU PROVIDE. You, not Ziblio, are solely responsible for any content other than Ziblio Content or Affiliate Content (“Your Content”) that you include in a Product, as well as the consequences of publishing it. You acknowledge that all of Your Content that you include in a Product is at your own risk and you will be solely responsible for any damage to any party resulting using it. Moreover, you acknowledge that Ziblio is not responsible for screening, policing, editing or monitoring any of Your Content included in any Product. In connection with Your Content, you affirm, represent, and/or warrant that: (i) you own or have the necessary licenses, rights, consents, and permissions to include Your Content in a Product; and (ii) you have the written consent, release, and/or permission of each and every identifiable individual person in Your Content to use the name or likeness of each and every such identifiable individual person in a Product as contemplated by the Website and these Terms of Service.
16. UNACCEPTABLE PRODUCT CONTENT. You agree that you will not create a Product that includes any of the following: (i) material that is copyrighted, protected by trade secret or otherwise subject to third party proprietary rights, including privacy and publicity rights, unless you are the owner of such rights or have permission from their rightful owner to include the material in a Product; (ii) material that includes falsehoods or misrepresentations that could damage Ziblio or any third party; or (iii) material that is unlawful, obscene, defamatory, libelous, threatening, pornographic, harassing, hateful, racially or ethnically offensive, or encourages conduct that would be considered a criminal offense, give rise to civil liability, violate any law, or is otherwise inappropriate. Ziblio expressly disclaims any and all liability in connection with Your Content.
17. ZIBLIO REVIEW OF PRODUCT CONTENT. Although Ziblio is not responsible for screening, policing, editing or monitoring any of Your Content included in any Product, you agree that Ziblio may review any Product content before delivering Products to you. If a Product includes content that Ziblio, in its absolute discretion, violates this Agreement, Ziblio may decline to deliver such Product to you and cancel your order.
18. INDEMNITY. You agree that Ziblio will have no liability whatsoever arising from any Product that you create using the Technology and this Website. You agree to defend, indemnify and hold Ziblio harmless from any claims, damages, liabilities, costs and fees (including reasonable attorney fees) arising from your creating a Product, using the Technology, or from your failure to comply with any term of this Agreement (except to the extent that any liability arises from your use of Ziblio Content or Affiliate Content in accordance with this Agreement).
19. SERVICE ACCESS, SUPPORT, UPGRADES AND AUTOMATIC COMMUNICATIONS. This Agreement does not entitle you to any support, upgrades, patches, enhancements, or fixes for the Software (collectively, "Support"). Any such Support for the Software that Ziblio may make available, in Ziblio’s sole discretion, shall become part of the Software and subject to this Agreement. It is recommended that, prior to installation of the Software, you review any installation instructions, release notes, system requirements and documentation. You acknowledge that the Software and Service performs automatic communications with Ziblio servers over the Internet periodically and by default in order to provide the Service, transmit bug fixes, patches, upgrades and enhancements. You hereby consent to such communications. Your User ID may be transmitted to Ziblio servers in order to allow Ziblio to perform the Services. You are responsible for all telecommunications or other connectivity charges incurred through the use of the Technology.
20. THIRD PARTY SOFTWARE. Features included in the Technology itself may contain third party software that requires notices and/or additional terms and conditions. Ziblio is not responsible for any third party software.
21. WARRANTY DISCLAIMER. ZIBLIO AND ITS LICENSORS AND SUPPLIERS PROVIDE THE TECHNOLOGY “AS IS” AND WITHOUT WARRANTY OF ANY KIND, AND HEREBY DISCLAIMS ALL EXPRESS OR IMPLIED WARRANTIES, INCLUDING WITHOUT LIMITATION WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, PERFORMANCE, ACCURACY, RELIABILITY, AND NON-INFRINGEMENT. THIS DISCLAIMER OF WARRANTY CONSTITUTES AN ESSENTIAL PART OF THIS AGREEMENT. SOME STATES DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS SO THE FOREGOING LIMITATIONS MAY NOT APPLY TO YOU.
22. LIMITATION OF LIABILITY. UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY, INCLUDING, BUT NOT LIMITED TO, TORT, CONTRACT, NEGLIGENCE, STRICT LIABILITY, OR OTHERWISE, SHALL ZIBLIO, ITS AFFILIATE COMPANIES, ITS SUPPLIERS OR RESELLERS BE LIABLE TO YOU OR ANY OTHER PERSON FOR ANY INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY CHARACTER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOST PROFITS, LOSS OF GOODWILL, WORK STOPPAGE, ACCURACY OF RESULTS, COMPUTER FAILURE OR MALFUNCTION, LOSS OF DATA, OR DAMAGES RESULTING FROM YOUR USE OF THE SOFTWARE. THE FOREGOING LIMITATIONS SHALL APPLY EVEN IF ZIBLIO SHALL HAVE BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGES. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION AND EXCLUSION MAY NOT APPLY TO YOU.
23. TERM AND TERMINATION. This Agreement shall continue until terminated as set forth in this section. You may terminate this Agreement at any time until you have submitted a Product for publication. Ziblio may terminate this Agreement immediately if you violate any provision of this Agreement or without cause. Any termination of this Agreement shall also terminate the licenses granted hereunder. Upon termination of this Agreement for any reason, you shall destroy and remove from all computers, hard drives, networks, and other storage media all copies of the Software. All provisions of this Agreement shall survive termination of this Agreement except your rights to access this Website, your rights to purchase Products, and your rights use Software.
24. ELECTRONIC COMMUNICATIONS PRIVACY ACT NOTICE (18USC 2701-2711). ZIBLIO MAKES NO GUARANTY OF CONFIDENTIALITY OR PRIVACY OF ANY COMMUNICATION OR INFORMATION TRANSMITTED THROUGH USE OF THE SOFTWARE. Ziblio will not be liable for the privacy of e-mail addresses, registration and identification information, disk space, communications, confidential or trade-secret information, or any other content stored on Ziblio’s equipment, transmitted over networks accessed by the Software, or otherwise connected with your use of the Software.
25. MISCELLANEOUS. This Agreement represents the complete agreement concerning this license between the parties and supersedes all prior agreements and representations between them. This Agreement may be amended at any time by Ziblio, at its discretion, and Ziblio will post a notice on its Website or send you a notice via email. You shall be responsible for reviewing and becoming familiar with any such modifications. Use of the Technology to create a Product following such notification constitutes your acceptance of the terms of the Agreement as modified. If any provision of this Agreement is held to be unenforceable for any reason, such provision shall be reformed only to the extent necessary to make it enforceable. The failure of Ziblio to act with respect to a breach of this Agreement by you or others does not constitute a waiver and shall not limit Ziblio’s rights with respect to such breach or any subsequent breaches. This Agreement is personal to you and may not be assigned or transferred for any reason whatsoever (including, without limitation, by operation of law, merger, reorganization, or as a result of an acquisition or change of control involving you) without Ziblio’s consent and any action or conduct in violation of the foregoing shall be void and without effect. Ziblio expressly reserves the right to freely assign this Agreement and to delegate any of its obligations hereunder.
26. CHOICE OF LAW; DISPUTES. This Agreement shall be governed by and construed under Utah law without regard to conflicts of law principles. Any dispute that arises out of or related to this Agreement shall be resolved in a court of competent jurisdiction in the State of Utah. YOU AND ZIBLIO AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE ZIBLIO WEBSITE MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.