(Updated April 3, 2015)
This section applies to visitors to our corporate website who ask for or share information.
Web Sites Covered
Personal Information Collected
We collect information from individuals who visit or use our Websites (“Visitors”), including those who register to receive information. When signing up to become a registered user of Zerto or expressing an interest in obtaining additional information about Zerto or registering to receive further information, Zerto requires you to provide us with contact information, such as name, company name, address, phone number, email address, user IDs and passwords. Additionally, Zerto may collect information about your interactions and experiences on our Websites, such as which pages you visit, what content you view and how often you come to our sites.
Use of Information Collected
We use your information to perform the services requested. For example, if you fill out a “Contact Me” web form, we will use the information provided to contact you about your interest in Zerto or its products or services. By registering with Zerto, you understand that we may send you communications or data from our websites regarding service related announcements from time to time through the general operation of the service, including but not limited to: (i) notices about your use of our services, including any notices concerning violations of use; (ii) updates; and (iii) promotional information and materials regarding Zerto’s products and services, via electronic mail. We give you the opportunity to opt-out of receiving electronic mail from us by following the opt-out instructions provided in the message.
Public Forums and Customer Testimonials
We may provide bulletin boards, blogs, or chat rooms on website and/or third party websites such as Facebook and Twitter. Additionally, some of our Websites allow users to publish content via discussion forums, blogs, user-editable documents, and commenting systems. Any personally identifiable information you choose to submit in such a forum may be read, collected, or used by others who visit these forums, and may be used to send you unsolicited messages. We are not responsible for the personally identifiable information you choose to submit in these forums. You should exercise caution when deciding to disclose your personal information. Each participant’s opinion expressed is his or her own and should not be considered as reflecting the opinion of Zerto.
We may post a list of customers and testimonials on our Websites that contain information such as customer names and titles. We obtain the consent of each such customer prior to posting any information on such a list or posting testimonials.
Web Site Navigational Information
We also use commonly-used information-gathering tools, such as cookies and Web beacons, to collect information as you navigate our Websites (“Web Site Navigational Information”). Web Site Navigational Information includes standard information from your web browser (such as browser type and browser language), your Internet Protocol (“IP”) address, and the actions you take on our Websites (such as the web pages viewed and the links clicked). We use Web Site Navigational Information to operate and improve our Websites. We may also use Web Site Navigational Information in combination with Visitor information to provide personalized information about Zerto.
We may use “cookies” to make interactions with our Websites easier and more meaningful. When you visit our Websites, our servers may send a “cookie” to your computer. Standing alone, “cookies” do not personally identify you; they merely recognize your web browser. Unless you choose to identify yourself to us, either by responding to a promotional offer, opening an account, or filling out a web form (such as a “Contact Me” or a “14 Day Free Trial” web form), you remain anonymous to us.
There are two types of “cookies”: session-based and persistent-based. Session “cookies” exist only during one session; that is, they disappear from your computer when you close your browser software or turn off your computer. Persistent “cookies” remain stored on your computer after you close your browser or turn off your computer.
We use persistent “cookies” that only we can read and use to identify browsers that have previously visited our Websites. We may use information from session and persistent “cookies” in combination with Visitors’ information to provide you with information about Zerto and our products and services.
We use ”web beacons” alone or in conjunction with “cookies” to compile information about usage of our Websites and interaction with emails from us. “Web beacons” are clear electronic images that can recognize certain types of information on your computer, such as “cookies,” when you viewed a particular website tied to the “web beacon,” and a description of a website tied to the “web beacon.” For example, we may place “web beacons” in marketing emails that notify us when you click on a link in the email that directs you to our Websites. We use “web beacons” to operate and improve our Websites and email communications. We may use information from “web beacons” in combination with Visitors’ information to provide you with information about Zerto or its products or services.
When you visit our website, we collect your IP addresses to track and aggregate non-personally identifiable information. For example, we use IP addresses to monitor the regions from which Visitors navigate our Websites.
Third Party Cookies
This section applies to customers of our products or services.
Information We Collect
The information we learn from our customers helps us personalize and continually improve our services to you. We collect information as follows:
On a monthly basis, cloud service providers (“CSP”) submit a report to us by using the reporting feature of our software, or alternatively, by enabling our software to submit the relevant information to us via a secure API in order to produce such report. Such report covers all usage information from all data centers, and it includes the number of virtual machines on which our software was operated during the applicable month, as well as other relevant information such as the name of the protected site, the name of the recovery site, the virtual protection group domain name, the type of virtual machine, etc. The information set forth in this section shall be referred to as the “CSP Billing Information.”
We collect support data from whoever enables Zerto Analytics and runs our software. Such support data includes, among other things, our licensing information, version information (Zerto and vSphere), and environment statistics (number of virtual machines, number of replicated virtual machines, number of VPGs, etc.). The information set forth in this section shall be referred to as the “Support Data.”
How We Use Collected Information
CSP Billing Information is used only for automated billing purposes.
Support Data is used by our support team for improving the support provided to customers. For example: if we find a bug in a certain version of our software, we may use the Support Data to contact customers who are running such version with a proposed bug-fix.
Disclosure of Collected Information
We reserve the right to fully use and disclose any information that is not in personally identifiable form.
We strive to maintain the reliability, accuracy, completeness and currency of personal and customer information that we collect and to protect the privacy and security of our customers and Visitors.
We implement industry-standard security measures in our servers and databases designed to prevent the loss, misuse, unauthorized access, disclosure, alteration or destruction of the information we collect, including encryption, firewalls, password protection, and access controls.
We work to protect the security of your information during transmission by using Secure Sockets Layer (SSL) software, which encrypts information you input. We allow you, however, to choose a non-encrypted channel to work with our management system. It is important for you to protect against unauthorized access to your password and to your computer.
We restrict access to the information we collect to our employees, contractors and agents who need to know that information in order to process it for us, and who are subject to confidentiality obligations and may be disciplined or terminated if they fail to meet these obligations.
If you have any questions about the security of Zerto’s services or the Websites, please contact us at [firstname.lastname@example.org].
We keep your personal information only for as long as reasonably necessary for the purposes for which it was collected or to comply with any applicable legal or ethical reporting or document retention requirements. We take reasonable steps to ensure that data is reliable for its intended use, accurate, complete, and current.
Safe Harbor; Dispute Resolution
As part of our commitment to protecting your privacy, we make best efforts to comply with the U.S.-EU Safe Harbor Framework and the U.S.-Swiss Safe Harbor Framework as set forth by the U.S. Department of Commerce regarding the collection, use, and retention of personal information from European Union member countries and Switzerland. We have certified that we adhere to the Safe Harbor Privacy Principles of notice, choice, onward transfer, security, data integrity, access, and enforcement. To learn more about the Safe Harbor program, and to view our certification, please visit http://www.export.gov/safeharbor/. If you would like to contact us directly about the Safe Harbor program, please send an e-mail to email@example.com.
Zerto does not knowingly contact, collect or retain personal information from children under 13 years of age. Any person who provides their personal information to Zerto through its services must be 13 years of age or older. If we learn that personal information of persons under the age of 13 years has been collected on one of our services we will take the appropriate steps to delete this information. If you believe we have inadvertently collected such information, please contact us so we can promptly obtain parental consent or remove the information.
If you are a parent or guardian and discover that your child under the age of 13 has obtained an account with Zerto, then you may alert us at [firstname.lastname@example.org] and request that we delete that child’s personal information from our systems.
Inquiries or Complaints
If you would like to contact us regarding the use of your information collected in connection with our services, the types of third parties to whom we disclose such information, ways to limit the use and disclosure of such information, or to access, correct, amend, or delete your personal information collected in connection with our services that is stored on our systems, please send an email to email@example.com detailing your request.
The following consists of the terms and conditions (the “Terms”) governing the access to Zerto Ltd. and its wholly owned subsidiaries, Zerto, Inc. and Zerto UK Limited (“Zerto,” “we,” or “us”) Websites (“www.Zerto.com,” “www.Zerto.com/MyZerto,”, “http://zap.zerto.com” or collectively the “Websites”) and the software, services, information, tools, features, and functionality available on the Websites (the “Services”). By accessing these Websites or using any part of the Websites or any content or services hereof, you agree to become bound by these Terms. If you do not agree to all the Terms, then you may not access the Websites or use the content or any services in the Websites.
These Terms describe and encompass the entire agreement between us and you, and supersedes all prior or contemporaneous agreements, representations, warranties and understandings with respect to the Websites and computer programs provided by or through the Websites, and the subject matter of these Terms. If you wish to become a member of the MyZerto Community at www.zerto.com/myzerto (“MyZerto”) website and communicate with other members (“Members”), please read these Terms carefully before using MyZerto and its services. Amendments to these Terms can be made and effected by us from time to time without specific notice to your end. The Terms posted on the Websites reflect the latest terms and conditions and you should carefully review the same before you use our Websites.
MyZerto is a community (the “MyZerto Community”) comprised of, among other things: (i) a public forum where anyone can discuss or comment on Zerto in an open forum; and (ii) a public knowledgebase consisting of technical articles, and other technical and training resources. The majority of the content on MyZerto will be publicly consumable. A few additional areas will be available to those with a verified log in, such as training (which will include postings of our online training courses and certification) and release information.
LIMITED LICENSE TO ACCESS THE WEBSITES AND SERVICES; PROHIBITED USE
Subject to the terms and conditions set forth herein (including without limitation payment of applicable fees, if any), Zerto hereby grants to you, and you accept, a personal, nonexclusive, non-transferable, non-sublicensable, revocable, limited license to access and make personal use of the Services (including the Websites), only according to the terms of these Terms and any accompanying technical user guide and/or documents of Zerto. The license shall be granted until terminated in accordance with the Terms hereof.
The Services must be used and maintained in strict compliance with the instructions and safety precautions of Zerto contained herein and in all supplements thereto or in any other written technical documents of Zerto. Except as specifically permitted herein, you agree not to (i) sell, license (or sub-license), lease, assign, transfer, pledge, or share any of your rights under these Terms with/to anyone else; (ii) modify, disassemble, decompile, reverse engineer, revise or enhance all or any part of the Services or create any derivative works or otherwise merge or utilize all or any part of the Services with or into other computer programs or other materials or attempt to discover all or any part of the Services source code; (iii) make any use whatsoever of the Services in a jurisdiction where such use is prohibited or in a manner intended for infringing or illegal use; or (iv) copy, print, display, publish or transmit all or any part of the Services.
REGISTRATION / MEMBER ACCOUNT
As a condition of becoming a Member of MyZerto including the use of its tools, applications and the Services, you are required to register with MyZerto and to provide a password and user name. You must complete the full registration process and shall provide Zerto with accurate, complete, and updated registration information, which may include, without limitation, your name, email address, location, and/or phone number. Failure to do so may constitute a breach of these Terms, which may result in immediate termination of your account.
In addition, you may not register for more than one Member account, register for a Member account on behalf of an individual other than yourself or register a Member account on behalf of any group or entity. Furthermore, you may not use or attempt to use another’s Member account without authorization from us or create a false identity on our Services.
Without limiting anything stated herein, the Services are not available where they are illegal to use, and Zerto reserves the right to refuse and/or cancel services to anyone at its own discretion.
The Websites are intended solely for access and use by individuals who are at least eighteen (18) years old and above. By accessing and using our Websites, you warrant and represent that you are at least eighteen (18) years old and with full authority, right, and capacity to enter into these Terms and to abide by all of the terms and conditions of these Terms.
ACCESS REQUIREMENTS AND RESTRICTIONS
You are solely responsible for obtaining, paying for, repairing and maintaining all of the equipment, hardware, software, services and material that are required to access the Websites. Without limiting the foregoing, you must pay all charges, taxes, and other costs and fees related to obtaining your own Internet access, telephone, computer, and other equipment and any communications or other charges incurred by you to access Zerto products or services.
You agree that you will not access Zerto products through unauthorized means, such as unlicensed software clients. Certain Zerto products support and protect only certain types of files. You agree not to circumvent these limitations in any way, including but not limited to, changing file extensions or header information. We reserve the right to withdraw or amend, even dramatically, the Websites, and any service or material we provide on the Websites, in our sole discretion without notice. Also, we will not be liable if for any reason all or any part of the Websites are unavailable at any time or for any period, due to, without limitation, any technical problems, system failures and malfunctions, communication line failures, equipment or software failures or malfunctions, system access issues, system capacity issues, high internet traffic demand, security breaches and unauthorized access. From time to time, we may restrict access to some parts of the Websites, or the entirety of the Websites, to users, including registered users.
Contributors or Members (hereinafter “Contributors”) who post blog entries, comments or other content are expected to adhere to conduct as set forth in the section below entitled “Use of the Websites & Prohibitions.” Contributors may create blogs generally discussing Zerto products and services, or business continuity and/or disaster recovery software and technology. Although Zerto respects the freedom of Contributors and the content they post, blogs that predominantly discuss topics completely unrelated to business continuity or disaster recovery or that consume excessive resources or bandwidth may be taken down at the sole discretion of Zerto. Generally it is suggested that Contributors take responsibility not just for their own words, but for the comments allowed on their blogs; label their tolerance level for abusive comments; consider eliminating anonymous comments; ignore the trolls (i.e., those who intentionally post derogatory or otherwise inflammatory messages); take the conversation offline, and talk directly, or find an intermediary who can do so; if you know someone who is violating the conduct guidelines, tell them so; and do not say anything online that you would not say in person. Understand that you bear the full responsibility of any content you post and that such content may lead to adverse consequences in your personal or professional lives, such as damaged friendships or loss of employment.
USE OF THE WEBSITES & PROHIBITIONS
The Websites, MyZerto in particular, allows you to participate in discussions, and otherwise communicate with other Members. You understand and agree, however, that you will use the Websites and the Content (defined below) with a full sense of responsibility and in a manner that is consistent with these Terms and in such a way as to ensure full compliance with all applicable local, state, national, and international laws, rules and regulations, including any laws regarding the transmission of technical data exported from your country of residence. You will not give us information that you independently collect from a user without that user’s consent.
You may view, download for collection purposes only, and print pages or other contents from the Websites for your own personal use, subject to the restrictions set out below and elsewhere in these Terms.
Unless you have obtained Zerto’s prior written permission, you may not:
(a) use the Websites if you are not able to form legally binding contracts, are under the age of 18, or are temporarily or indefinitely suspended from using our Websites;
(b) post any topics, items, messages, and or contents that are inappropriate and fail to observe a sense of decency and or would offend other persons;
(c) republish, sell, rent or sub-license any materials from this website including republication on another website;
(d) collect and disclose information about users’ personal information;
(e) reproduce, duplicate, copy or otherwise exploit material on our website for a commercial purpose;
(f) post false, inaccurate, misleading, defamatory, or libelous content;
(g) take any action that may damage the rating system;
(h) use our Websites or the Services in any way that causes, or may cause, damage to the Websites or impairment of the availability or accessibility of the Websites; or in any way which is unlawful, illegal, fraudulent or harmful, or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity:
(i) not impersonate any person or entity, including but not limited to a Zerto official, forum leader, guide, or host, or falsely state or otherwise misrepresent your affiliation with a person or entity;
(j) forge headers or otherwise manipulate identifiers in order to disguise the origin of any content transmitted through the Service;
(k) upload, post, transmit, or otherwise make available any content that you do not have a right to make available under any law or under contractual or fiduciary relationships (such as inside information, proprietary, and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);
(j)upload, post, transmit, or otherwise make available any content that infringes any patent, trademark, trade secret, copyright, or other proprietary rights of any party;
(l)upload, post, transmit, or otherwise make available any unsolicited or unauthorized advertising, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or the like;
(m)upload, post, 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;
(n)interfere with or disrupt the Services or servers or networks connected to the Service, or disobey any requirements, procedures, policies, or regulations of networks connected to the Service;
(o)use the Services to harm minors in any way;
(p)violate, attempt to violate, or avoid any applicable ICANN regulation or policy;
(q)violate any applicable local, state, national or international law, and any regulations having the force of law;
(r)provide material support or resources (or to conceal or disguise the nature, location, source, or ownership of material support or resources) to any organization(s) designated by the United States government as a foreign terrorist organization pursuant to section 219 of the Immigration and Nationality Act;
(s)”stalk” or otherwise harass another;
(t)promote or provide instructional information about illegal activities, promote physical harm or injury against any group or individual, or promote any act of cruelty to animals. This may include, but is not limited to, providing instructions on how to assemble bombs, grenades, and other weapons, and creating “Crush” sites; or
(u) contact or collect information from/about users related to or in connection with commercial offers.
SHARING YOUR CONTENT AND INFORMATION
You represent that you own all of the content, information, images, photos, text, graphics, logos, trademarks, service marks, designs, button icons, audio clips, digital downloads, data compilations, copyrighted materials and software provided or uploaded by you that is covered by intellectual property rights that you post on the Websites (“Your Content”).
(a) For the purpose of providing the Services you grant us a non-exclusive, transferable, sub-licensable, royalty-free, worldwide license to use, display, make publically available, copy, distribute, modify, translate, create derivative works of, and otherwise exploit any of Your Content that you post on or in connection with Zerto for the purpose of providing the Services. Such license ends when you delete Your Content or your account unless Your Content has been shared with others, and they have not deleted it.
(b) When you delete Your Content, it is deleted in a manner similar to emptying the recycle bin on a computer. However, you understand that removed content may persist in backup copies for a reasonable period of time (but will not be available to others).
(c) When you use an application, Your Content may be shared with the application. We require applications to respect your privacy, and your agreement with that application will control how the application can use, store, and transfer that content and information.
(d) We always appreciate your feedback or other suggestions about Zerto, but you understand that we may use them without any obligation to compensate you for them (just as you have no obligation to offer them).
WARRANTY RELATED TO YOUR CONTENT
You hereby warrant and represent that: (i) you are the sole owner of and/or hold all rights in and to Your Content; (ii) there are no restrictions or limitations which prevent or restrict you from granting Zerto the license above; and (iii) Your Content will not: (a) facilitate or promote illegal activity, or contain content that is illegal; (b) contain content, material or information that is defamatory, obscene, distasteful, racially or ethnically offensive, harassing, or that is discriminatory based upon race, gender, color, creed, age, sexual orientation, or disability; (c) contain sexually suggestive or explicit content; (d) infringe upon or violate any right of any third party; (e) disparage, defame, or discredit Zerto or any third person; (f) Your Content is free of any digital rights management, including any software designed to limit the number of times Your Content may be copied or played; or (g) otherwise contain content that violates any laws, rules, regulations or policies of any competent jurisdiction. Zerto may disallow the use of Your Content when it is flagged or blocked at Zerto’s sole discretion without any prior notice. We reserve the right to delete, move or edit any postings that come to our attention that we consider unacceptable or inappropriate, whether for legal or for any other reason. You will have no complaint, claim or demand towards Zerto regarding the deletion, blocking or removal of content you created, contributed to or used.
You represent and warrant that (a) all of the information provided by you to our Websites to participate in the Service is correct and current; and (b) you have all necessary right, power and authority to enter into these Terms and to perform the acts required of you hereunder.
NON-COMMERCIAL USE BY MEMBERS.
Members on our Websites are prohibited to use the Services in connection with any commercial endeavors or ventures. This includes providing links to other websites, whether deemed competitive to this website or not. Juridical persons or entities including but not limited to organizations, companies, and/or businesses may not become Members of Zerto and should not use the Websites for any purpose.
LINKS & FRAMINGS
Illegal and/or unauthorized uses of the Services, including unauthorized framing of or linking to the Websites will be investigated, and appropriate legal action may be taken. Some links, however, are welcome to the Websites and you are allowed to establish hyperlinks to appropriate parts within the Websites provided that: (i) you post your link only within the forum, chat or message board section; (ii) you do not remove or obscure any advertisements, copyright notices or other notices on the placed at the Websites; (iii) the link does not state or imply any sponsorship or endorsement of your site and (iv) you immediately stop providing any links to the Websites on written notice from us. However, you must check the copyright notice on the homepage to which you wish to link to make sure that one of our content providers does not have its own policies regarding direct links to their content on our sites.
LINKS TO THIRD PARTY SITES
Certain links provided herein permit you to leave the Websites and enter non-Zerto World Wide Web sites or resources. Those linked sites are provided solely as a convenience to you. These linked sites are not under the control of Zerto and Zerto is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any content advertising, products or other information on or available from such linked sites or any link contained in a linked site. Zerto reserves the right to terminate any link at any time. You further acknowledge and agree that Zerto shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such linked sites or resource.
MAINTENANCE AND SUPPORT
Other than to the extent specifically enumerated in a separate maintenance agreement between yourself and Zerto, if any, which maintenance agreement, if any, is hereby incorporated by reference into these Terms, Zerto has no obligation to provide support, maintenance, upgrades, modifications, or new releases under these Terms.
WARRANTY DISCLAIMER AND EXCLUSIONS / LIMITATIONS OF LIABILITY
The Websites may also include information regarding Zerto and its services, blogs, posts, chat rooms, user comments, publications and presentations proprietary to Zerto and links to third party websites (“Content”). You hereby accept and agree that it is beyond our control, and no duty to take any action regarding: which users gain access to the Websites or use the Services; what effects the Content may have on you; how you may interpret or use the Content; or what actions you may take as a result of having been exposed to the Content. You release us from all liability for you having acquired or not acquired Content through the Websites or the Services.
It should be noted that the Websites or Services may contain, or direct you to sites containing information that some people may find offensive or inappropriate. We make no representations concerning any content contained in or accessed through the Websites or Services, and we will not be responsible or liable for the accuracy, copyright compliance, legality or decency of material contained in or accessed through the Websites or the Services.
THE SERVICES AND WEBSITES ARE PROVIDED TO YOU STRICTLY ON AN “AS IS” BASIS, “WITH ALL FAULTS” AND “AS AVAILABLE,” AND THE ENTIRE RISK AS TO SATISFACTORY QUALITY, PERFORMANCE, ACCURACY, AND EFFORT IS WITH YOU. YOU EXPRESSLY AGREE THAT YOUR USE OF THE SITE, AND ANY PUBLICATIONS, PRESENTATIONS, BLOGS, POSTINGS, OR OTHER INFORMATION, CONTENT, SERVICES AND MATERIALS CONTAINED IN, ACCESSED VIA, OR DESCRIBED ON THE WEBSITES, IS AT YOUR OWN RISK. ZERTO MAKES NO, AND, TO THE FULLEST EXTENT PERMITTED UNDER LAW, HEREBY DISCLAIMS ALL, REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE AVAILABILITY, OPERATION AND USE OF THE SITE OR THE INFORMATION, CONTENT, MATERIALS OR SERVICES ON OR ACCESSED VIA THE WEBSITES, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, AND IMPLIED WARRANTIES ARISING FROM COURSE OF DEALING OR COURSE OF PERFORMANCE. ZERTO DOES NOT REPRESENT OR WARRANT THAT THE INFORMATION ACCESSIBLE VIA THE WEBSITES IS ACCURATE, COMPLETE, RELIABLE OR CURRENT, AND IS NOT RESPONSIBLE FOR ANY ERRORS OR OMISSIONS THEREIN OR FOR ANY ADVERSE CONSEQUENCES RESULTING FROM YOUR RELIANCE ON ANY ASPECT OF THE WEBSITES. FURTHER, ZERTO MAKES NO REPRESENTATIONS AND WARRANTIES THAT THE WEBSITES WILL BE UNINTERRUPTED, SECURE, OR FREE OF ERRORS OR VIRUSES, OR OTHER HARMFUL COMPONENTS.
OUR SERVICES MUST BE USED FOR THEIR LEGITIMATE PURPOSE. ANY OTHER USE IS STRICTLY PROHIBITED. ALTHOUGH WE PROVIDE YOU WITH THE LIMITED LICENSE ABOVE TO THE SERVICES, WE DO NOT VERIFY OR MONITOR EACH AND EVERY USE YOU MAKE THEREWITH. SUCH USE IS AT YOUR SOLE RISK, DISCRETION, AND VOLITION, AND IS UNDER YOUR SOLE CONTROL. YOU ARE SOLELY RESPONSIBLE FOR COMPLIANCE WITH THESE TERMS AND WITH ANY AND ALL LOCAL OR NATIONAL LAWS. ANY UNAUTHORIZED, INFRINGING, OR UNLAWFUL USE OF THE SERVICES IS YOUR SOLE AND ABSOLUTE RESPONSIBILITY.
IN NO EVENT SHALL ZERTO OR ITS AFFILIATES, OR THE DIRECTORS, OFFICERS, EMPLOYEES, AGENTS OR REPRESENTATIVES OF ZERTO OR ITS AFFILIATES (THE “ZERTO PARTIES“) BE LIABLE TO YOU OR ANY THIRD PARTY FOR DAMAGES OF ANY KIND ARISING OUT OF AND/OR IN CONNECTION WITH THE SERVICES, THE WEBSITES, THE USE OF, ACCESS TO, RELIANCE ON, INABILITY TO USE OR IMPROPER USE OF THE WEBSITES, ANY INFORMATION POSTED ON THE WEBSITES BY ITS USERS, OR ANY OTHER INFORMATION, CONTENT, MATERIALS OR SERVICES AVAILABLE ON THE WEBSITES (INCLUDING, BUT NOT LIMITED TO, ANY DIRECT, INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL DAMAGES OR DAMAGES FOR LOSS OF PROFITS, GOODWILL OR REVENUE, BUSINESS INTERRUPTION, OR LOSS OF DATA), EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT, OR OTHERWISE. CERTAIN STATE LAWS DO NOT PERMIT LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN TYPES OF DAMAGES, AND THUS SOME OR ALL OF THE DISCLAIMERS, EXCLUSIONS OR LIMITATIONS ABOVE MAY NOT APPLY TO YOU.
You agree to indemnify and hold Zerto, its subsidiaries and affiliates, and each of their members, managers, directors, officers, agents, contractors, partners and employees, harmless from and against any loss, liability, claim, demand, damages, costs and expenses, including reasonable attorney’s fees, arising out of or in connection with your use of the Services, any of Your Content which you post or share on or through the Services or otherwise, your conduct in connection with the Services or with other Users and/or Members, or any violation of these Terms or of any law, rule, regulation or order, or the rights of any third party. This indemnity shall survive any termination or cessation of use by you of the Service.
INTELLECTUAL PROPERTY RIGHTS
The Web allows people throughout the world to share valuable information, ideas and creative works. To ensure continued open access to such materials, we all need to protect the rights of those who share their creations with us. Although we make the Websites freely accessible, we do not intend to give up our rights, or anyone else’s rights, to the materials appearing on them. The materials available on the Websites and/or through the Services, including any revisions, corrections, modifications, enhancements, and/or upgrades, and all intellectual property rights related thereto shall remain the property of Zerto and/or its licensors, and are protected by copyright, trademark and other intellectual property laws. You acquire no proprietary interest in any such rights. Furthermore, you may not remove or obscure the copyright notice or any other notices contained in the Websites or anything retrieved or downloaded from them. “Intellectual property rights” include all worldwide (a) patents, patent applications and patent rights; (b) rights associated with works of authorship, including copyrights, copyrights applications, copyrights restrictions, mask work rights, mask work applications and mask work registrations; (c) rights relating to the protection of trade secrets and confidential information; (d) rights analogous to those set forth herein and any other proprietary rights relating to intangible property; and (e) divisions, continuations, renewals, reissues and extensions of the foregoing (as applicable) now existing or hereafter filed, issued, or acquired.
It is our policy to respond to clear notices of alleged copyright infringement that comply with the Digital Millennium Copyright Act. In addition, we will promptly terminate without notice the accounts of those determined by us to be “repeat infringers.” If you are a copyright owner or an agent thereof, and you believe that any content hosted on our Websites (including www.Zerto.com or www.zerto.com/myzerto) infringes your copyrights, then you may submit a notification pursuant to the Digital Millennium Copyright Act (“DMCA”) by providing our copyright agent with the following information in writing (please consult your legal counsel or see 17 U.S.C. Section 512(c)(3) to confirm these requirements):
A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works on the Websites are covered by a single notification, a representative list of such works at that site;
Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit Zerto to locate the material; providing URLs in the body of an email is the best way to help us locate content quickly;
Information reasonably sufficient to permit Zerto to contact the complaining party, such as address, telephone number, and, if available, electronic mail address at which the complaining party may be contacted;
A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law.
A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
Please note that under Section 512(f) of the DMCA, any person who knowingly materially misrepresents that material or activity is infringing may be subject to liability.
Please note that Zerto may, at our discretion, send a copy of such notices to a third-party for publication. As such, your letter (with personal information removed) may be forwarded to Chilling Effects ( http://www.chillingeffects.org ) for publication.
Counter-Notification: If you elect to send us a counter notice, to be effective it must be a written communication that includes the following (please consult your legal counsel or see 17 U.S.C. Section 512(g)(3) to confirm these requirements): A physical or electronic signature of the subscriber; identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access to it was disabled; a statement under penalty of perjury that the subscriber has a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material to be removed or disabled; the subscriber’s name, address, and telephone number, and a statement that the subscriber consents to the jurisdiction of Federal District Court for the judicial district in which the address is located, or if the subscriber’s address is outside of the United States, for any judicial district in which Zerto may be found, and that the subscriber will accept service of process from the person who provided notification under subsection (c)(1)(C) or an agent of such person.
Please note that under Section 512(f) of the Copyright Act, any person who knowingly materially misrepresents that material or activity was removed or disabled by mistake or misidentification may be subject to liability.
Zerto’s Copyright Agent for Notice of claims of copyright infringement can be reached by mail or email at:
ATTN: Copyright Agent
10 Abba Eban Blvd
Building C, 11th Floor
P.O. Box 12292
Herzliya, Israel 4672528
You acknowledge that if you fail to comply with all of the requirements of this section, your DMCA notice may not be valid.
None of the Services or underlying information or technology may be downloaded or otherwise exported or re-exported (i) into (or to a national or resident of) Cuba, Iraq, Libya, North Korea, Lebanon, Iran, Syria or any other country to which the U.S. and/or Israel has embargoed goods; or (ii) to anyone on the U.S. Treasury Department’s list of Specially Designated Nationals or the U.S. Commerce Department’s Table of Denial Orders. By using the Services or downloading any underlying technology, you agree to the foregoing and you represent and warrant that you are not located in, under the control of, or a national or resident of any such country or on any such list.
You acknowledge and agree that any questions, comments, suggestions, ideas, feedback or other information about the Services (“Submissions”), provided by you to Zerto are non-confidential and shall become the sole property of Zerto. Zerto shall own exclusive rights, including all intellectual property rights, and shall be entitled to the unrestricted use and dissemination of these Submissions for any purpose, commercial or otherwise, without acknowledgment or compensation to you.
You further agree not to disclose information you obtain from us and or from our clients, advertisers, suppliers and forum members.
NON-ASSIGNMENT OF RIGHTS
Your rights of whatever nature cannot be assigned nor transferred to anybody, and any such attempt may result in termination of these Terms, without liability to us. However, we may assign these Terms to any person at any time without notice.
WAIVER AND SEVERABILITY OF TERMS
Failure of Zerto to insist upon strict performance of any of the terms, conditions and covenants hereof shall not be deemed a relinquishment or waiver of any rights or remedy that the we may have, nor shall it be construed as a waiver of any subsequent breach of the terms, conditions or covenants hereof, which terms, conditions and covenants shall continue to be in full force and effect.
No waiver by either party of any breach of any provision hereof shall be deemed a waiver of any subsequent or prior breach of the same or any other provision.
In the event that any provision of these Terms is found invalid or unenforceable pursuant to any judicial decree or decision, such provision shall be deemed to apply only to the maximum extent permitted by law, and the remainder of these Terms shall remain valid and enforceable according to its terms.
These Terms shall be governed by and construed in accordance with the substantive laws of the State of Israel, without any reference to conflict-of-laws principles. Any dispute, controversy or difference which may arise between the parties out of, in relation to or in connection with these Terms, the Websites, and/or the Services is hereby irrevocably submitted to the exclusive jurisdiction of the courts of Tel Aviv-Yafo, to the exclusion of any other courts without giving effect to its conflict of laws provisions or your actual state or country of residence. You will not transfer any of your rights or obligations under these Terms to anyone else without our consent. If you have any questions relating to these Terms, the Websites, or Zerto, please contact: firstname.lastname@example.org.
These Terms will remain in full force and effect while you use the Websites. You may terminate your membership at any time for any reason by written request to email@example.com. We may terminate your membership and license for any reason at any time. Upon termination of these Terms, the license granted hereunder shall automatically terminate, and you will immediately cease using the Services, including without limitation any software incorporated therein. If you are using a paid version of the Services and we terminate your membership in the Services because you have breached these Terms, you will not be entitled to any refund of unused subscription fees. Even after your membership is terminated, certain sections of these Terms will remain in effect.