WELCOME TO ZYFFY
If you agree to the TOS and (1) are of sufficient age and capacity to use Zyffy and be bound by the TOS, or (2) use Zyffy on behalf of a business, thereby binding that business to the TOS, we grant you a limited, revocable, non-exclusive, non-assignable license to use Zyffy in compliance with the TOS; unlicensed use is unauthorized. You agree not to display, "frame," make derivative works, distribute, license, or sell, content from Zyffy, excluding postings you create. You grant us a perpetual, irrevocable, unlimited, worldwide, fully paid/sublicensable license to use, copy, display, distribute, and make derivative works from content you post.
Unless licensed by us in a written agreement, you agree not to use or provide software (except general purpose web browsers and email clients) or services that interact or interoperate with Zyffy, e.g. for downloading, uploading, creating/accessing/using an account, posting, flagging, emailing, searching, or mobile use. You agree not to copy/collect Zyffy content via robots, spiders, scripts, scrapers, crawlers, or any automated or manual equivalent (e.g., by hand). Misleading, unsolicited, and/or unlawful postings/communications/accounts are prohibited, as is buying or selling accounts. You agree not to post content that is prohibited by any of Zyffy's policies or rules referenced above ("Prohibited Content"). You agree not to abuse Zyffy's flagging or reporting processes. You agree not to collect Zyffy user information or interfere with Zyffy. You agree we may moderate Zyffy access/use in our sole discretion, e.g., by blocking, filtering, re-categorizing, re-ranking, deleting, delaying, holding, omitting, verifying, or terminating your access/license/account. You agree (1) not to bypass said moderation, (2) we are not liable for moderating or not moderating, and (3) nothing we say or do waives our right to moderate, or not.
You further agree that if you violate the USE section, or you encourage, support, benefit from, or induce others to do so, you will be jointly and severally liable to us for liquidated damages. You agree that any damages will be (1) a reasonable estimate of our damages (as actual damages are often difficult to calculate), (2) not a penalty, and (3) not otherwise limiting on our ability to recover under any legal theory or claim, including statutory damages and other equitable relief (e.g., for spam, we can elect between the above liquidated damages or statutory damages under the anti-spam statute). You further agree that repeated violations of the USE section will irreparably harm and entitle us to injunctive or equitable relief, in addition to monetary damages.
DISCLAIMER & LIABILITY
To the full extent permitted by law, Buimatic OÜ, and its officers, directors, employees, agents, licensors, affiliates, and successors in interest ("Zyffy Entities") (1) make no promises, warranties, or representations as to Zyffy, including its completeness, accuracy, availability, timeliness, propriety, security or reliability; (2) provide Zyffy on an "AS IS" and "AS AVAILABLE" basis and any risk of using Zyffy is assumed by you; (3) disclaim all warranties, express or implied, including as to accuracy, merchantability, fitness for a particular purpose, and non-infringement; and (4) disclaim any liability or responsibility for acts, omissions, or conduct of you or any party in connection with Zyffy. Zyffy Entities are NOT liable for any direct, indirect, consequential, incidental, special, punitive, or other losses, including lost profits, revenues, data, goodwill, etc., arising from or related to Zyffy, and in no event shall such liability exceed US$100 or the amount you paid us in the year preceding such loss. Some jurisdictions restrict or alter these disclaimers and limits, so some may not apply to you.
CLAIMS & INDEMNITY
Any claim, cause of action, demand, or dispute arising from or related to Zyffy ("Claims") will be governed by the laws of Republic of Estonia. Any Claims will be exclusively resolved by courts in Tallinn, Estonia (except we may seek preliminary or injunctive relief anywhere). You agree to (1) submit to the personal jurisdiction of courts in Tallinn, Estonia; (2) indemnify and hold Zyffy Entities harmless from any Claims, losses, liability, or expenses (including attorneys' fees) that arise from a third party and relate to your use of Zyffy; and (3) be liable and responsible for any Claims we may have against your officers, directors, employees, agents, affiliates, or any other party, directly or indirectly, paid, directed or controlled by you, or acting for your benefit.
Users complying with prior written licenses may access Zyffy thereby until authorization is terminated. Otherwise this is the exclusive and entire agreement between us and you, and our actions or silence toward you or anyone else does not waive, modify, or limit the TOS or our ability to enforce it. The USE, LIQUIDATED DAMAGES, and CLAIMS & INDEMNITY sections survive termination of the TOS, and you will remain bound by those sections. If a TOS term is unenforceable, it shall be limited to the least extent possible and supplemented with a valid provision that best embodies the intent of the parties. The English version of the TOS controls over any translations. Questions? Email email@example.com.