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Terms and Conditions of Use
Terms & Conditions:
Terms of Use 1. Your Acceptance A. By using and/or visiting this website (collectively, including all content and functionality available through the Zuqka.com domain name, the "Zuqka Website", or "Website"), you signify your agreement to (1) comply unconditionally with these terms and conditions (the "Terms of Service"), (2) abide by Zuqka's privacy notice, found at http://www.zuqka.com/legal and incorporated here by reference, and (3) Zuqka's Community Guidelines, found at http://www.zuqka.com/lega; and also incorporated here by reference. If you do not agree to any of these terms, the Zuqka privacy notice, or the Community Guidelines, please do not use the Zuqka Website. B. Although we may attempt to notify you when major changes are made to these Terms of Service, you should periodically review the most up-to-date version http://www.zuqka.com/t/terms). Zuqka may, in its sole discretion and without prior notice to you, modify or revise these Terms of Service and policies at any time, and you agree to be bound by such modifications or revisions. Nothing in this Agreement shall be deemed to confer any third-party rights or benefits. 2. Zuqka Website A. These Terms of Service apply to all users of the Zuqka Website, including users who are also contributors of video content, information, and other materials or services on the Website. The Zuqka Website includes all aspects of Zuqka, including but not limited to all products, software and services offered on the website such as the Zuqka channels, the Zuqka "Embeddable Player," the Zuqka "Uploader" and other applications. B. The Zuqka Website may contain links to third party websites that are not owned or controlled by Zuqka. Zuqka has no control over, and will not assume any responsibility for, the content, privacy policies, or practices of any third party websites. In addition, Zuqka will not and cannot censor or edit the content of any third-party site. By using the Website, you expressly relieve Zuqka from any and all liability arising from your use of any third-party website. C. Accordingly, we encourage you to be aware when you leave the Zuqka Website and to read the terms and conditions and privacy policy of each other website that you visit. 3. Zuqka Accounts A. In order to access some features of the Website, you will have to create a Zuqka account. You must never use another person’s account without permission. When creating your account, you must provide accurate and complete information. You are solely responsible for the activity that occurs on your account, and you must keep your account password secure. You must notify Zuqka immediately of any breach of security or unauthorized use of your account. B. Although Zuqka will not be responsible for your losses caused by any unauthorized use of your account, you may be responsible for the losses of Zuqka or others due to such unauthorized use. 4. General Use of the Website--Permissions and Restrictions Zuqka hereby grants you permission to access and use the Website as set forth in these Terms of Service, provided that: A. You agree not to distribute in any medium any part of the Website, including but not limited to User Submissions (defined below), without Zuqka's prior written authorization. B. You agree not to alter or modify any part of the Website, including but not limited to Zuqka's Embeddable Player or any of its related technologies. C. You agree not to access User Submissions (defined below) or Zuqka Content through any technology or means other than the video playback pages of the Website itself, the Zuqka Embeddable Player, or other explicitly authorized means Zuqka may designate. D. You agree not to use the Website, including the Zuqka Embeddable Player for any commercial use, without the prior written authorization of Zuqka. Prohibited commercial uses include any of the following actions taken without Zuqka's express approval: * sale of access to the Website or its related services (such as the Embeddable Player) on another website; * use of the Website or its related services (such as the Embeddable Player), for the primary purpose of gaining advertising or subscription revenue; * the sale of advertising, on the Zuqka website or any third-party website, targeted to the content of specific User Submissions or Zuqka content; * and any use of the Website or its related services (such as the Embeddable player) that Zuqka finds, in its sole discretion, to use Zuqka's resources or User Submissions with the effect of competing with or displacing the market for Zuqka, Zuqka content, or its User Submissions. (For more information about prohibited commercial uses, see our FAQ.) E. Prohibited commercial uses do not include: * uploading an original video to Zuqka, or maintaining an original channel on Zuqka, to promote your business or artistic enterprise; * using the Embeddable Player to show Zuqka videos on an ad-enabled blog or website, provided the primary purpose of using the Embeddable Player is not to gain advertising revenue or compete with Zuqka; * any use that Zuqka expressly authorizes in writing. (For more information about what constitutes a prohibited commercial use, see our FAQ.) F. If you use the Zuqka Embeddable Player on your website, you must include a prominent link back to the Zuqka website on the pages containing the Embeddable Player and you may not modify, build upon, or block any portion of the Embeddable Player in any way. G. If you use the Zuqka Uploader, you agree that it may automatically download and install updates from time to time from Zuqka. These updates are designed to improve, enhance and further develop the Uploader and may take the form of bug fixes, enhanced functions, new software modules and completely new versions. You agree to receive such updates (and permit Zuqka to deliver these to you) as part of your use of the Uploader. H. You agree not to use or launch any automated system, including without limitation, "robots," "spiders," or "offline readers," that accesses the Website in a manner that sends more request messages to the Zuqka servers in a given period of time than a human can reasonably produce in the same period by using a conventional on-line web browser. Notwithstanding the foregoing, Zuqka grants the operators of public search engines permission to use spiders to copy materials from the site for the sole purpose of and solely to the extent necessary for creating publicly available searchable indices of the materials, but not caches or archives of such materials. Zuqka 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 (e.g. comments, email) for any commercial solicitation purposes. You agree not to solicit, for commercial purposes, any users of the Website with respect to their User Submissions. I. In your use of the website, you will otherwise comply with the terms and conditions of these Terms of Service, Zuqka Community Guidelines, and all applicable local, national, and international laws and regulations. J. Zuqka reserves the right to discontinue any aspect of the Zuqka Website at any time. 5. Your Use of Content on the Site In addition to the general restrictions above, the following restrictions and conditions apply specifically to your use of content on the Zuqka Website. A. The content on the Zuqka Website, except all User Submissions (as defined below), including without limitation, the text, software, scripts, graphics, photos, sounds, music, videos, interactive features,etc ("Content") and the trademarks, service marks and logos contained therein ("Marks"), are owned by or licensed to Zuqka, subject to copyright and other intellectual property rights under the law. Content on the Website is provided to you AS IS for your information and personal use only and may not be downloaded, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited for any other purposes whatsoever without the prior written consent of the respective owners. Zuqka reserves all rights not expressly granted in and to the Website and the Content. B. You may access User Submissions solely: * for your information and personal use; * as intended through the normal functionality of the Zuqka Service; and * for Streaming. "Streaming" means a contemporaneous digital transmission of an audiovisual work via the Internet from the Zuqka Service to a user's device in such a manner that the data is intended for real-time viewing and not intended to be copied, stored, permanently downloaded, or redistributed by the user. Accessing User Videos for any purpose or in any manner other than Streaming is expressly prohibited. User Videos are made available "as is." C. User Comments are made available to you for your information and personal use solely as intended through the normal functionality of the Zuqka Service. User Comments are made available "as is", and may not be used, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, downloaded, or otherwise exploited in any manner not intended by the normal functionality of the Zuqka Service or otherwise as prohibited under this Agreement. D. You may access Zuqka Content, User Submissions and other content only as permitted under this Agreement. Zuqka reserves all rights not expressly granted in and to the Zuqka Content and the Zuqka Service. E. You agree not to engage in the use, copying, or distribution of any of the Content other than expressly permitted herein, including any use, copying, or distribution of User Submissions of third parties obtained through the Website for any commercial purposes. F. You agree not to circumvent, disable or otherwise interfere with security-related features of the Zuqka Website or features that prevent or restrict use or copying of any Content or enforce limitations on use of the Zuqka Website or the Content therein. G. You understand that when using the Zuqka Website, you will be exposed to User Submissions from a variety of sources, and that Zuqka is not responsible for the accuracy, usefulness, safety, or intellectual property rights of or relating to such User Submissions. You further understand and acknowledge that you may be exposed to User Submissions that are inaccurate, offensive, indecent, or objectionable, and you agree to waive, and hereby do waive, any legal or equitable rights or remedies you have or may have against Zuqka with respect thereto, and agree to indemnify and hold Zuqka, its Owners/Operators, affiliates, and/or licensors, harmless to the fullest extent allowed by law regarding all matters related to your use of the site. 6. Your User Submissions and Conduct A. As a Zuqka account holder you may submit video content ("User Videos") and textual content ("User Comments"). User Videos and User Comments are collectively referred to as "User Submissions." You understand that whether or not such User Submissions are published, Zuqka does not guarantee any confidentiality with respect to any User Submissions. B. You shall be solely responsible for your own User Submissions and the consequences of posting or publishing them. In connection with User Submissions, you affirm, represent, and/or warrant that: you own or have the necessary licenses, rights, consents, and permissions to use and authorize Zuqka to use all patent, trademark, trade secret, copyright or other proprietary rights in and to any and all User Submissions to enable inclusion and use of the User Submissions in the manner contemplated by the Website and these Terms of Service. C. For clarity, you retain all of your ownership rights in your User Submissions. However, by submitting User Submissions to Zuqka, you hereby grant Zuqka a worldwide, non-exclusive, royalty-free, sublicenseable and transferable license to use, reproduce, distribute, prepare derivative works of, display, and perform the User Submissions in connection with the Zuqka Website and Zuqka's (and its successors' and affiliates') business, including without limitation for promoting and redistributing part or all of the Zuqka Website (and derivative works thereof) in any media formats and through any media channels. You also hereby grant each user of the Zuqka Website a non-exclusive license to access your User Submissions through the Website, and to use, reproduce, distribute, display and perform such User Submissions as permitted through the functionality of the Website and under these Terms of Service. The above licenses granted by you in User Videos terminate within a commercially reasonable time after you remove or delete your User Videos from the Zuqka Service. You understand and agree, however, that Zuqka may retain, but not display, distribute, or perform, server copies of User Submissions that have been removed or deleted. The above licenses granted by you in User Comments are perpetual and irrevocable. D. In connection with User Submissions, you further agree that you will not submit material that is subject to copyright, 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 post the material and to grant Zuqka all of the license rights granted herein. E. You further agree that you will not, in connection with User Submissions, submit material that is contrary to the Zuqka Community Guidelines, found at http://www.zuqka.com/legal, which may be updated from time to time, or contrary to applicable local, national, and international laws and regulations. F. Zuqka does not endorse any User Submission or any opinion, recommendation, or advice expressed therein, and Zuqka expressly disclaims any and all liability in connection with User Submissions. Zuqka does not permit copyright infringing activities and infringement of intellectual property rights on its Website, and Zuqka will remove all Content and User Submissions if properly notified that such Content or User Submission infringes on the intellectual property rights of another person. Zuqka reserves the right to remove Content and User Submissions without prior notice. 7. Account Termination Policy A. Zuqka will terminate a User's access to its Website if, under appropriate circumstances, the User is determined to be a frequent infringer. B. Zuqka reserves the right to decide whether Content or a User Submission is appropriate and complies with these Terms of Service for violations other than copyright infringement, such as, but not limited to, pornography, obscene or defamatory material, or excessive length. Zuqka may remove such User Submissions and/or terminate a User's access for uploading such material in violation of these Terms of Service at any time, without prior notice and at its sole discretion. 8. Copyright Act A. If you are a copyright owner or an agent of a copyright owner and believe that any User Submission or other content is in breach of your copyrights, you may submit a notification pursuant to the Copyright Act by providing our Legal Department with the following information in writing: * 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 at a single online site 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 the service provider to locate the material; * Information reasonably sufficient to permit the service provider to contact you, such as an address, telephone number, and, if available, an electronic mail; * A statement that you have 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; and * A statement that the information in the notification is accurate, and that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed. Zuqka's designated Legal Adviser to receive notifications of claimed infringement is: The Legal Officer, P.O.Box 49010, Nairobi, Kenya 00100. email: copyright@zuqka.com fax: 00000000. For clarity, only copyright notices should go to the Legal Adviser; any other feedback, comments, requests for technical support, and other communications should be directed to Zuqka customer service through http://www.zuqka.com/faq. You acknowledge that if you fail to comply with all of the requirements of this Section your complaint notice may not be acted upon. B. Counter-Notice. If you believe that your User Submission that was removed (or to which access was disabled) is not infringing of any person’s copyright, or that you have the authorization from the copyright owner, the copyright owner's agent, or pursuant to the law, to post and use the content in your User Submission, you may send a counter-notice containing the following information to the Legal Adviser: * Your physical or electronic signature; * Identification of the content that has been removed or to which access has been disabled and the location at which the content appeared before it was removed or disabled; * A statement that you have a good faith belief that the content was removed or disabled as a result of mistake or a misidentification of the content; and * Your name, address, telephone number, and e-mail address, a statement that you consent to the jurisdiction of the courts in Nairobi, Kenya. If a counter-notice is received by the Copyright Agent, Zuqka may send a copy of the counter-notice to the original complaining party informing that person that it may replace the removed content or cease disabling it in 10 business days. Unless the copyright owner agrees that the removed content be restored, Zuqka may in its sole discretion decide whether to restore the content or not. 9. Warranty Disclaimer YOU AGREE THAT YOUR USE OF THE ZUQKA WEBSITE SHALL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, ZUQKA, ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE WEBSITE AND YOUR USE THEREOF. ZUQKA MAKES NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THIS SITE'S CONTENT OR THE CONTENT OF ANY SITES LINKED TO THIS SITE AND ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY 1. ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, 2. PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR WEBSITE, 3. ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, 4. ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR WEBSITE, ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH OUR WEBSITE BY ANY THIRD PARTY, AND/OR 5. ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE ZUQKA WEBSITE. ZUQKA DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE ZUQKA WEBSITE OR ANY HYPERLINKED WEBSITE OR FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND ZUQKA WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE. 10. Limitation of Liability IN NO EVENT SHALL ZUQKA, ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS, BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER RESULTING FROM ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR WEBSITE, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR WEBSITE, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH OUR WEBSITE BY ANY THIRD PARTY, AND/OR (V) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF YOUR USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE ZUQKA WEBSITE, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT THE COMPANY IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION. YOU SPECIFICALLY ACKNOWLEDGE THAT ZUQKA SHALL NOT BE LIABLE FOR USER SUBMISSIONS OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY AND THAT THE RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH YOU. The Website is controlled and offered by Zuqka from its facilities in Kenya. Zuqka makes no representations that the Zuqka Website is appropriate or available for use in other locations. Those who access or use the Zuqka Website from other jurisdictions do so at their own volition and are responsible for compliance with local law. 11. Indemnity You agree to defend, indemnify and hold harmless Zuqka, its parent corporation, officers, directors, employees and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney's fees) arising from: (i) your use of and access to the Zuqka Website; (ii) your violation of any term of these Terms of Service; (iii) your violation of any third party right, including without limitation any copyright, property, or privacy right; or (iv) any claim that one of your User Submissions caused damage to a third party. This defense and indemnification obligation will survive these Terms of Service and your use of the Zuqka Website. 12. Ability to Accept Terms of Service You affirm that you are either more than 18 years of age, or possess legal parental or guardian consent, and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in these Terms of Service, and to abide by and comply with these Terms of Service. In any case, you affirm that you are over the age of 18, as the Zuqka Website is not intended for individuals under 18. If you are under 18 years of age, then please do not use the Zuqka Website. There are lots of other great web sites for you. Talk to your parents about what sites are appropriate for you. 13. Assignment These Terms of Service, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by Zuqka without restriction. 14. General You agree that: (i) the Zuqka Website shall be deemed solely based in Nairobi, Kenya; and (ii) the Zuqka Website shall be deemed a passive website that does not give rise to personal jurisdiction over Zuqka, either specific or general, in jurisdictions other than Nairobi. These Terms of Service shall be governed by the laws of The Republic Of Kenya. Any claim or dispute between you and Zuqka that arises in whole or in part from the Zuqka Website shall be decided exclusively by a court of competent jurisdiction located in Nairobi, Kenya. These Terms of Service, together with the Privacy Notice at http://www.zuqka.com/legal and any other legal notices published by Zuqka on the Website, shall constitute the entire agreement between you and Zuqka concerning the Zuqka Website. If any provision of these Terms of Service is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms of Service, which shall remain in full force and effect. No waiver of any term of this these Terms of Service shall be deemed a further or continuing waiver of such term or any other term, and Zuqka's failure to assert any right or provision under these Terms of Service shall not constitute a waiver of such right or provision. Zuqka reserves the right to amend these Terms of Service at any time and without notice, and it is your responsibility to review these Terms of Service for any changes. Your use of the Zuqka Website following any amendment of these Terms of Service will signify your assent to and acceptance of its revised terms. YOU AND ZUQKA AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE ZUQKA WEBSITE MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED. Zuqka Privacy Notice The Zuqka Privacy Policy describes how the owner of Zuqka and its subsidiaries treat personal information when you use Zuqka services, including information provided when you use Zuqka. In addition, the following describes privacy practices specific to Zuqka. To understand how we treat the information you give us as you use Zuqka, you should read this policy and the Zuqka Privacy Policy. Personal Information * Non-Account Activity. You can watch videos on Zuqka without having a Zuqka Account or a Zuqka Account. You can also contact us about a particular item without having a Zuqka Account or a Zuqka Account. * Account-Related Activity. Certain other activities on Zuqka--like uploading audio, video, text or images, posting comments, flagging content, and voting --require you to have a Zuqka Account. We ask for some personal information when you create a Zuqka Account, including your email address and a password, which is used to protect your account from unauthorized access. A Zuqka Account allows you to access many of our services that require registration. * Usage Information. We may record information about your usage, such as when you use Zuqka, the channels, groups, and favorites you subscribe to, the contacts you communicate with, the items you view, and the frequency and size of data transfers, as well as information you display or click on in Zuqka (including UI elements, settings, and other information). If you are logged in, we may associate that information with your account. * Content Uploaded to Site. Any personal information or content that you voluntarily disclose online (on discussion boards, in messages and chat areas, within your playback or profile pages, etc.) becomes publicly available and can be collected and used by others. Uses * If you submit personally identifiable information to us through the Zuqka Sites, we may use your personal information to operate, maintain, and provide to you the general and personalized features and functionality of the Zuqka Sites, and to process any flagging activity or correspondence you send to us. * Your account name (not your email address) is displayed to other Users when you upload videos or send messages through the Zuqka Sites and other Users can contact you through messages and comments. Any content that you submit to the Zuqka Sites may be redistributed through the internet and other media channels, and may be viewed by the general public. * We do not use your email address or other personally identifiable information to send commercial or marketing messages without your consent or except as part of a specific program or feature for which you will have the ability to opt-in or opt-out. We may, however, use your email address without further consent for non-marketing or administrative purposes (such as notifying you of major Zuqka Site changes or for customer service purposes). * We use both your personally identifiable information and certain non-personally-identifiable information (such as anonymous user usage data, cookies, IP addresses, browser type, clickstream data, etc.) to improve the quality and design of the Zuqka Sites and to create new features, promotions, functionality, and services by storing, tracking, analyzing, and processing user preferences and trends, as well as user activity and communications. * We use cookies, clear gifs, and log file information to: (a) store information so that you will not have to re-enter it during your visit or the next time you visit the Zuqka Sites; (b) provide custom, personalized content and information; (c) monitor the effectiveness of our marketing campaigns; (d) monitor aggregate metrics such as total number of visitors, pages viewed, etc.; and (e) track your entries, submissions, and status in promotions, sweepstakes, and contests. Information That is Publicly Available * When you create an account on the site, some information about your account and your account activity will be provided to other Users of the site. This may include the date you opened your account, the date you last logged into your account, your age (if you choose to make it public), the country and the number of videos you have watched. * Your account name (not your email address) is displayed to other Users when you engage in certain activity on the site, such as you upload videos or send messages through the Zuqka Sites. Other Users can contact you through messages and comments. * You may also choose to add personal information that will be visible to other Users on your profile page (which is the public facing page for your account on the site). This may include a profile picture, you name, gender, relationship status, or other details. Download the original attachment ZuQka Community Guidelines Respect the ZuQka Community These Guidelines are not intended to stifle your rights and liberty or hinder creativity. They are simply intended to prevent misuse of the site in a way that would affect others negatively, By requesting you to respect other members of he community, it is not intended to make you subservient but only that you tolerate and treat others in the samke way that you would want to0 be regarded and treated.. Every cool new community feature on ZuQka involves a certain level of trust. We trust you to be responsible, and millions of users respect that trust. You will be expected to be one of them. Don't interfere with the rights of others. Here are some simple rules that will help you steer clear of trouble: * ZuQka is not for pornography or sexually explicit material. If this describes your image, text, audio or video, even if it's an image, text, audio or video of yourself, don't post it on ZuQka. All community members are advised that we are required to work with the Law enforecemetn agencies and will nto hesistate to report child expolitationor any illegal activity.. Please read our Safety Tips and stay safe on ZuQka. * Don't post image, text, audio or videos showing or describing bad stuff like animal abuse, drug and substance abuse, under-age drinking and smoking, or making of explosives. * Graphic or psychological violence is not allowed. If your image, text, audio or video shows someone being physically hurt, attacked, or humiliated, don't post it. * ZuQka is not a shock site. You are not permitted to post any extremely terrifying image, text, audio or videos of accidents, scenes of crime or violence, dead bodies or similar images with the ability to shock or disgust. * Respect copyright. Only upload image, text, sound or videos that you made or that you are authorized to use. This means you are not allowed to upload image, text, audio or videos you didn't make, or use content in your image, text, sound or videos that someone else owns the copyright to, such as music, portions of copyrighted programs, or image, text, sound recordings or videos made by other users, without necessary consents. Read our Copyright Guidelines for more information. * We respect and uphold every person’s freedom of speech including everyone's right to express unpopular points of view within the limits permitted by law. This means that we cannot permit hate speech (speech which attacks or demeans a group of persons based on gender, race or ethnic origin, religion or personal belief, disability, age, social status, identity). * Things like aggressive behavior, stalking, threats, harassment, intimidation, invasion of privacy, revealing other people’s personal information, and inciting others to commit violent acts or to violate these Terms of Use will be taken very seriously and persons who do these things may be permanently excluded from ZuQka. *Most people do not like unsolicited E-mails or spam. Do not create misleading descriptions, tags, titles or thumbnails in order to increase views. It's improper to post large amounts of untargeted, unwanted or repetitive content, including comments and private messages. Please take these rules seriously and ensure that you are familiar with them. Don't try to evade the letter and spirit of the Rules.. If you'd like more details, check out our Community Guideline Tips. These Guidelines will be enforced strictly ZuQka staff review flagged image, text, sound recordings or videos 24 hours at all times to ensure compliance with our Community Guidelines. When there is any violation of the Gudeliens, we remove them. Sometimes an image, text, sound recording or video doesn’t violate our Community Guidelines, but may not be appropriate for everyone, such as children. Accounts will be penalized for Community Guidelines violations and serious or repeated violations can lead to account’s permanent exclusion. If your account is terminated, you wont be allowed to create any new accounts. For more information about how the Community Guidelines are enforced and the consequences of violating them, please visit the Help Center. ZuQka is for the Community Remember that this is your community! Each and every user of ZuQka makes the site what it is, so don't be afraid to dig in and get involved! * Have fun with the site. There's a lot to see here, and lots of people making interesting things -one of them might be you! So dive in and enjoy. * Let others know what you think. Feedback's part of the experience, and when done with respect, can be a great way to make friends, share stories, and make your time on ZuQka more enjoyable. So leave comments, rate images, text, sound or videos, make your own responses to images, text, sounds or videos that affect you, enter contests of interest. There's a lot going on and a lot of ways to participate. * You may not like or agree with everything you see, read or hear. If you find that some of the content here violates our Terms of Use, then click the button that says "Flag" under the image, text, sounds or video you're reading, watching or listening to, to submit it for review by ZuQka staff. If it doesn't, then consider just clicking on something else. You do not need to waste time watching or listening to image, text, sounds or videos you don't like? Thank you for reading! The ZuQka Team Community Guidelines Here are some helpful examples if you want a little more insights in to the limits and exceptions in the Guidelines: Sex and Nudity Displays or images of nudity is prohibited, particularly if it is in a sexual context. If an image, text, audio or video is intended to be sexually provocative, it will be unacceptable for ZuQka. There are exceptions for some educational, documentary and scientific content, but only if that is the sole purpose of the images, text, audio or videos and it is not too graphic. For example, a documentary on breast cancer would be appropriate, but posting clips out of context from the documentary might not be. Hate Speech "Hate speech" refers to content that expresses or promotes dislike against members of a particular group. Examples are racist or sexist content may be considered hate speech. Although it may be acceptable to criticize a country or its citizens ,it would be improper to make abusive or pejorative generalizations about people of a particular nationality. Shocking and Disgusting Although unfortunate and sad events do occur and may have to be reported or documented on ZuQka, it would be improper to post violent or gory content which is mainly intended to be shocking, sensational or disrespectful. If an image, text, sound recording or video is particularly graphic or disturbing, it should be balanced with additional context and information. The itnentionn i9n including such image,text, sound or video should be mainly for illustration rather than for mere shock. Dangerous Illegal Acts Everyone on ZuQka will be expected to ensure that no material which may incite violence or encourage dangerous, illegal activities that can cause serious physical harm or death to others. This means you cannot post images, text, sound recordings or videos on things like instructional information with regard to explosives , ammunition, dangerous arts and skills such as shooting and gun use , images, text, sound or videos that encourage acts or omissions that are banned by law. Any materials should be for the purposes of education and should not be designed to help or encourage others to commit illegal actions. Children Images, text, sounds or videos involving children (anyone under the age of 18) are particularly sensitive and absolutely confidential in law. This means that they may not be used on ZuiQka without the written permission of the Parents or Guardians of the children. Images, text, audio or videos in which children appear never be sexually suggestive or violent. Please be cautious when posting something involving a child. Copyright When you create something original, you own the copyright for it. This applies to literary works (such as stories or poems in a fixed medium ,etc) , Music, Paintings and other works of art, video and sound recordings and broadcasts,etc. Likewise, when other people create such content, they may have a copyright to it.Everyone on ZuQka should respect the copyrights of others. If you are not sure if something will violate someone’s copyright, it is better to create something completely original, with images and sounds you have created by yourself. If it is all created by you , then you do not need to worry because you own the copyrighj to it. Do not post anything you have obtained from a DVD, image, text, sound or videotape of your TV screen, or downloaded an image, text, sound or video from the internet, don’t post it unless you have permission of the owner. Copyright Information You might be wondering about what would makes any content infringement of copyright and therefore and ineligible for upload on ZuQka. Posting content which infringes on copyright of mothers will lead to permanent exclusion from ZuQka and may result in a law suit being filed against you for monetary damages by the copyright owner. Below are some guidelines to help you determine whether your content is eligible or whether it infringes someone else's copyright. You can also find copyright FAQs within our Help Center. We at ZuQka respect the rights of artists and creators, and hope you will work with us to keep our community a creative, law-abiding and positive experience for everyone, including artists and creators. How To Make Sure Your Content Does Not Infringe Someone Else's Copyrights The way to ensure that your content doesn't infringe someone else's copyright is to use your skills and imagination to create something completely original. It could be as simple as taping the content you want to load by yourself, or any other more complicated idea as you are able to come up with, provided it is original. If it's all created by you, the you qwill not need to be concerned about the copyright—you own it! Make sure to follow the other guidelines in the terms of use, too. Be sure that all parts of your content are original. For example, You cannot use sound track of a song composed by someone without that person’s consent.If you do that, the content will be removed from ZuQka. Commercial Content Is Copyrighted One of the reasons why ZuQka will remove content for copyright infringement is if the owner informs us that their content is being used without their permission. Once we become aware of an unauthorized use, we will remove the content promptly. The law requires us to do that immediately. The following are examples of material which are protected by Copyright: * Literary Works such as novels, stories, poems, plays, essays and articles,etc * Music * Artistic works such as paintings, sketches, drawings, sculpture, maps,photographs,plans,etchings,lithographs,etc o Films, Television, Radio and broadcasts of all kinds * Posts written and published by somebody else A Few Guiding Principles * It doesn't matter how long or short the content is, or exactly how it got to ZuQka. If it is not your original creation, then the copyright must belong to someone and the owner’s permission is required to use it. * It doesn't matter whether or not you give credit to the source , you will still be liable for infringement of the copyright if you do not get the owner’s permission. * It doesn't matter that you are not selling the content for money—it is still copyrighted. * Even if the owner does not put a copyrioght Notice on the content, it is still subject to copyright of the owner.. * It doesn't matter if you created a content made derived from someone’s content of copyright material permission of the owner is still necessary. What Will Happen If You Upload Infringing Content Anytime ZuQka becomes aware that a content or any part of a content on our site is in breach of the copyrights of a third party, we will delete it from the site. Tghat is a requirement by the Law. If you think that some material on the site infringes your copyright, send us a notice identifying the material and we will take it down upon checking it out. If you believe that we have removed a content that you uploaded by mistake and that you are the copyright owner or have permission, you can let us know immediately to enable us act accordingly. Users who repeatedly breach copyright will be permanently excluded from ZuQka. Using Some Copyrighted Content in Your contents Under certain strict situations, use of very short portions or clips of a copyrighted content or song may be legal even without permission. This is known as the "fair use" principle of copyright law. However, it is always safer to obtain permission of the copyright owner or avoid it completely. This isn because what con statutes fair use can be very complicated particularly for sound recordings and videos. Therefore, it is very difficult to give a guideline as to what would qualify as fair use until it is seen. We cannot, therefore, give legal advice on this Our suggestion is that you seek a qualified lawyer for legalo advise if you have questions about your situation. Please remember, however, that your decision about whether and how to exercise your fair use rights is solely yours, and we at ZuQka bear no responsibility for your decision.
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