Terms of Service

By using or visiting the Cottonwood Creative Group, LLC (doing business as Zanifesto, hereafter referred to as “Zanifesto”) website or any Zanifesto products, data feeds, and services provided to you on, from, or through the Zanifesto website (collectively the “Service”) you signify your agreement to these terms and conditions. If you do not agree to any of these terms, please do not use the Service.

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. Zanifesto may, in its sole discretion, 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 these Terms of Service shall be deemed to confer any third-party rights or benefits.

These Terms of Service apply to all users of the Service. “Content” includes the data, text, photographs, graphics, visualizations, videos, audio clips, written forum comments, software, scripts, pieces of authorship or other information or content you may view on, access through, or contribute to the Service. “Completed Work” includes a completed file derived from Content available through the Service.

Your Account

In order to access some features of the Service, you will have to create a Zanifesto account. You are solely responsible for the activity that occurs on your account, and you must keep your account password secure. You must notify Zanifesto immediately of any breach of security or unauthorized use of your account.

Although Zanifesto will not be liable for your losses caused by any unauthorized use of your account, you may be liable for the losses of Zanifesto or others due to such unauthorized use.

Fees

There are NO minimum fees to use Zanifesto. Optional fee-based services are available but participation is NOT mandatory.

Charged in Error

In the event you believe that Zanifesto has charged you in error, you must contact Zanifesto at hello@zanifesto.com within 90 days after such charge. No refunds will be given for any charges which are more than 90 days old.

Authorization to Credit and Debit Accounts

If applicable, based on the various optional fee-based plans, you irrevocably and expressly authorize Zanifesto to debit or credit, as applicable, any monies to the account that you have identified for Zanifesto. You agree that it is your responsibility to maintain a valid, non-expired credit card on file with us while engaging in fee-based activities on our Site. You agree that if you do not maintain a valid, non-expired card on file with us during any billing attempt, you may be subject to interest and penalties as enumerated below. You irrevocably and expressly authorize Zanifesto to withhold any monies and/or debit any monies from any account that you have identified to Zanifesto for any charge backs, fees, costs, deductions, adjustments and any other amounts owed to Zanifesto. We reserve our rights to all actions and remedies in connection with any monies owed to Zanifesto. You will indemnify, defend and hold us harmless for any claims, demands or causes of actions that We take toward any identified account pursuant to this Section.

Unpaid Fees

If, for any reason, any fees you owe Zanifesto have not been received or in any manner realized by Zanifesto (“Unpaid Fees”), you agree to pay such Unpaid Fees immediately. In addition, Zanifesto may charge interest, in the amount of 2.0% per month (or the maximum amount allowed by law), on any unpaid account balance that you maintain. Any partial payments made by Members will first be applied to the most recent fees owed to Zanifesto, including interest. Zanifesto reserves the right to waive or reduce the amount of any Unpaid Fees, penalties, or interest at any time. You also agree to pay any attorney fees, and other costs of collection incurred by us with respect to any Unpaid Fees. You also consent and authorize us, in our sole discretion, to make appropriate reports to credit reporting agencies, financial institutions, tax agencies and law enforcement authorities, and cooperate with them in any resulting investigation or prosecution. Notwithstanding the foregoing, Zanifesto agrees that it will not charge any late fees or interest to your credit card.

General Use of the Service—Permissions and Restrictions

Zanifesto hereby grants you permission to access and use the Service as set forth in these Terms of Service, provided that:

  1. You agree not to distribute in any medium any part of the Service.
  2. You agree not to distribute in any medium any part of  Completed Works without Zanifesto’s prior written authorization, unless Zanifesto makes available the means for such distribution through functionality offered by the Service (such as sharing,  embedded image,  or download functionality).
  3. You agree not to alter or modify any part of the Service.
  4. You agree not to use the Service for any of the following commercial uses unless you obtain Zanifesto’s prior written approval:
    • the sale of access to the Service; or
    • the sale of freelance graphic design services provided via the Service.

Your Use of Content

In addition to the general restrictions above, the following restrictions and conditions apply specifically to your use of Content.

The Content on the Service, and the trademarks, service marks and logos (“Marks”) on the Service, are owned by or licensed to Zanifesto, subject to copyright and other intellectual property rights under the law.

Content is provided to you AS IS. You may access Content for your information and personal use solely as intended through the provided functionality of the Service and as permitted under these Terms of Service.

You shall not download, copy, reproduce, distribute, transmit, broadcast, display, sell, license, or otherwise exploit any Content or Completed Works unless you see a “download,” “share,” or similar link displayed by Zanifesto on the Service for that Content. Zanifesto and its licensors reserve all rights not expressly granted in and to the Service and the Content.

You agree not to circumvent, disable or otherwise interfere with security-related features of the Service or features that prevent or restrict use or copying of any Content or Completed Works or enforce limitations on use of the Service, Content, or Completed Works.

Your Completed Works

For clarity, you are the copyright owner of your Completed Works. However, depending on our account type, you may or may not grant a variety of licenses to Zanifesto and other users.

Zanifesto Basic (free) Accounts. If you have a Zanifesto Basic (free) account, all of the content you create and your user name will be available to anyone who has access to the internet (“Public User Content”). Public documents can be viewed by other Zanifesto users, will appear in the searchable Zanifesto database or gallery, and will be available for others to access and view online. Accordingly, you hereby do and shall grant to Zanifesto and to each User and to the public a worldwide, non-exclusive, revocable license to access, view, use, store, communicate, publish, display, distribute, and transmit your Public User Content. This license ends when you delete the document or your account is closed (either by you or by us), except to the extent that the content has been shared with others and they have not deleted it. You understand and agree, however, that Zanifesto may retain, but not display, distribute, or perform, server copies of your Completed Works that have been removed or deleted.

Zanifesto Premium (paid) Accounts. Documents designated as Private User Content, will not be available to the public. Rather, they will be available to you, and to those Zanifesto users with whom you have chosen to share the content. You may invite one or more people (a “Viewer”) to view your document by sending them a “share” link. You hereby do and shall grant to each Invited Viewer a worldwide, non-exclusive, revocable license to access, view and publicly perform your Private User Content. This license ends when you delete the document or your account is closed (either by you or by us), except to the extent that the content has been shared with others and they have not deleted it.

Copyright

You agree that Content you submit to the Service will not contain third party copyrighted material, or material that is subject to other third party proprietary rights, unless you have permission from the rightful owner of the material or you are otherwise legally entitled to post the material and to grant Zanifesto all of the license rights granted herein.

It is our policy to expeditiously respond to clear notices of alleged copyright infringement that comply with the United States Digital Millennium Copyright Act (DMCA). This page describes the information that should be present in these notices. It is designed to make submitting notices of alleged infringement to Zanifesto as straightforward as possible while reducing the number of notices that we receive that are fraudulent or difficult to understand or verify. The form of notice specified below is consistent with the form suggested by the DMCA (the text of which can be found at the U.S. Copyright Office Web Site, http://www.copyright.gov), but we will respond to notices of this form from other jurisdictions as well.

It is expected that all users of any part of the Zanifesto site will comply with applicable copyright laws. If, however, we receive proper notification of claimed copyright infringement, our response to such notices will include removing or disabling access to material claimed to be the subject of infringing activity and/or terminating subscribers, regardless of whether we may be liable for such infringement under United States law or the laws of another jurisdiction.

If we remove or disable access in response to such a notice, we will make a good-faith attempt to contact the owner or administrator of the affected site or content so that they may make a counter notification pursuant to Sections 512(g)(2) and (3) of the DMCA. We may also document notices of alleged infringement on which we act.

INFRINGEMENT NOTIFICATION:

Upon receipt of proper notification of claimed infringement, Zanifesto will follow the procedures outlined herein and in the DMCA.

To file a notice of infringement with Zanifesto, you must provide a written communication that sets forth the information specified in the list below. Subject to prior written agreement you may not communicate the information specified below by email. Please note that you will be liable for damages (including costs and attorney’s fees) if you materially misrepresent that material is infringing your copyright(s). Accordingly, if you are not sure if you are the proper copyright holder or if copyright laws protect the material of yours, you may want to consult a lawyer.

You must use the following format (including section numbers):

  1. Identify with sufficient detail the copyrighted work that you believe has to been infringed. (For example, “The copyrighted work at issue is the “Name of the work” by “name of the author”;
  2. 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 Zanifesto to locate the material;
  3. Information reasonably sufficient to permit Zanifesto to contact the complaining party, such as an address, telephone number, and, if available, an email address at which the complaining party may be contacted;
  4. The following statement: “I 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”;
  5. The following statement: “I swear, under penalty of perjury, that the information in the notification is accurate, and that I am the copyright owner or am authorized to act on behalf of the owner of an exclusive right that is allegedly infringed”; and
  6. Sign the document.

Send the written communication to:

Zanifesto DMCA Complaints
9938 W Patmore Ct
Star, ID 83669

COUNTER NOTIFICATION

The provider of the allegedly infringing content an may make a counter notification pursuant to sections 512(g)(2) and (3) of the Digital Millennium Copyright Act.

To file a counter notification with us, you must provide a written communication that sets forth the information specified in the list below. Subject to prior written agreement you may not communicate the information specified below by email. Please note that you will be liable for damages (including costs and attorney’s fees) if you materially misrepresent that material is infringing your copyright(s). Accordingly, if you are not sure if you are the proper copyright holder or if copyright laws protect the material of yours, you may want to consult a lawyer. Please note that you will be liable for damages (including costs and attorneys’ fees) if you materially misrepresent that a product or activity is not infringing the copyrights of others. Accordingly, if you are not sure whether certain material infringes the copyrights of others, we suggest that you first contact an attorney.

To expedite our ability to process your request, please use the following format (including section numbers):

  1. 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;
  2. Your name, address, and telephone number;
  3. The following statement: “I consent to the jurisdiction of Federal District Court for the [insert the federal judicial district in which your address is located]”;
  4. The following statement: “I will accept service of process from [insert the name of the person who submitted the infringement notification] or his/her agent”;
  5. The following statement: “I swear, under penalty of perjury, that I have a good faith belief that the affected material was removed or disabled as a result of a mistake or misidentification of the material to be removed or disabled”; and
  6. Sign the document.

Send the written communication to:

Zanifesto DMCA Complaints
9938 W Patmore Ct
Star, ID 83669

Upon receipt of such counter notification, Zanifesto will promptly provide the person who provided the original infringement notification with a copy of the counter notification, and inform that person that Zanifesto will replace the removed material or cease disabling access to it in 10 business days. Zanifesto will replace the removed material and cease disabling access to it not less than 10, nor more than 14, business days following receipt of the counter notice, unless our Designated Agent first receives notice from the person who submitted the original infringement notification that such person has filed an action seeking a court order to restrain the subscriber from engaging in infringing activity relating to the material on our system or network.

Account Termination Policy

Zanifesto will terminate a user’s access to the Service if, under appropriate circumstances, the user is determined to be a repeat infringer.

Zanifesto reserves the right to decide whether Content or Completed Works violates these Terms of Service for reasons other than copyright infringement, such as, but not limited to, pornography, obscenity, bigotry, or racism. Zanifesto may at any time, without prior notice and in its sole discretion, remove such Content and Completed Works and/or terminate a user’s account for submitting such material in violation of these Terms of Service.

In addition, user’s access may be terminated by Zanifesto following extended periods of non-use by user. Zanifesto will make reasonable efforts to notify users before such non-use terminations.

If you wish to terminate your account, you may do so by following the instructions on the Site. Any fees paid hereunder are non-refundable unless otherwise stated. All provisions of the Terms of Use which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.

Warranty Disclaimer

YOU AGREE THAT YOUR USE OF THE SERVICES SHALL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, ZANIFESTO, ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE SERVICES AND YOUR USE THEREOF. ZANIFESTO 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 (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 SERVICES, (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 SERVICES, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH OUR SERVICES 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 THE USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SERVICES. ZANIFESTO DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE SERVICES OR ANY HYPERLINKED SERVICES OR FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND ZANIFESTO 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.

Limitation of Liability

IN NO EVENT SHALL ZANIFESTO, 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 SERVICES, (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 SERVICES, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH OUR SERVICES 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 SERVICES, 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 ZANIFESTO SHALL NOT BE LIABLE FOR CONTENT 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 Service is controlled and offered by Zanifesto from its facilities in the United States of America. Zanifesto makes no representations that the Service is appropriate or available for use in other locations. Those who access or use the Service from other jurisdictions do so at their own volition and are responsible for compliance with local law.

Indemnity

To the extent permitted by applicable law, you agree to defend, indemnify and hold harmless Zanifesto, 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 Service; (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 your Content caused damage to a third party. This defense and indemnification obligation will survive these Terms of Service and your use of the Service.

Ability to Accept Terms of Service

You affirm that you are either more than 18 years of age, or an emancipated minor, 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 13, as the Service is not intended for children under 13. If you are under 13 years of age, then please do not use the Service. There are lots of other great web sites for you. Talk to your parents about what sites are appropriate for you.

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 Zanifesto without restriction.

General

You agree that: (i) the Service shall be deemed solely based in Idaho; and (ii) the Service shall be deemed a passive website that does not give rise to personal jurisdiction over Zanifesto, either specific or general, in jurisdictions other than Idaho. These Terms of Service shall be governed by the internal substantive laws of the State of Idaho, without respect to its conflict of laws principles. Any claim or dispute between you and Zanifesto that arises in whole or in part from the Service shall be decided exclusively by a court of competent jurisdiction located in Ada County, Idaho. These Terms of Service and any other legal notices published by Zanifesto on the Service, shall constitute the entire agreement between you and Zanifesto concerning the Service. 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 Zanifesto’s failure to assert any right or provision under these Terms of Service shall not constitute a waiver of such right or provision. Zanifesto 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 Service following any amendment of these Terms of Service will signify your assent to and acceptance of its revised terms. YOU AND ZANIFESTO AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE SERVICES MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.

Arbitration

Disputes between you and Zanifesto regarding the Site and our services should be reported to hello@zanifesto.com. We will attempt to resolve any disputes you have with us. Any claim or controversy arising out of or relating to your use of this Site, to the goods or services provided through Zanifesto, this Agreement, or to any acts or omissions for which you may contend Zanifesto is liable, including but not limited to any claim or controversy as to arbitrability (“Dispute”), shall be finally, and exclusively, settled by arbitration. The arbitration shall be held before one arbitrator under the commercial arbitration rules of the American Arbitration Association (“AAA”) in force at that time. The arbitration shall be conducted in Ada County, Idaho. The arbitrator shall be selected pursuant to the AAA rules. Should no AAA rule regarding Idaho selection of an arbitrator be in effect, the Member shall select an arbitrator from a panel of arbitrators acceptable to Zanifesto. In any arbitration, the parties will split the cost of the filing fee, plus the costs associated with the first day of arbitration, with the remaining costs of arbitration paid by the non-prevailing party. To begin the arbitration process, a party must make a written demand therefore.

Any judgment upon an award rendered by the arbitrators may be entered in any court of competent jurisdiction in Boise, Idaho. The arbitrators shall not have the power to award damages in connection with any Dispute in excess of actual compensatory damages and shall not multiply actual damages or award consequential, punitive or exemplary damages, and each party irrevocably waives any claim thereto. The agreement to arbitrate shall not be construed as an agreement to the joinder or consolidation of an arbitration under this Agreement with an arbitration of disputes or claims of any non-party, regardless of the nature of the issues or disputes involved.

THIS AGREEMENT PROVIDES THAT ALL DISPUTES BETWEEN YOU AND ZANIFESTO WILL BE RESOLVED BY BINDING ARBITRATION. YOU THUS GIVE UP YOUR RIGHT TO GO TO COURT TO ASSERT OR DEFEND YOUR RIGHTS. YOU ALSO GIVE UP YOUR RIGHT TO PARTICIPATE IN OR BRING CLASS ACTION LAWSUITS. YOUR RIGHTS WILL BE DETERMINED BY NEUTRAL ARBITRATORS AND NOT A JUDGE OR JURY. You are entitled to a fair hearing, but the arbitration procedures are simpler and more limited than rules applicable in court. Arbitrator decisions are enforceable as any court order and are subject to very limited review by a court. By using Zanifesto’s goods and services or the Site, you consent to these restrictions.

Should a Dispute arise and should the arbitration provisions herein become inapplicable or unenforceable, or in any instance of any lawsuit between you and Zanifesto, the parties agree that jurisdiction over and venue of any suit shall be exclusively in the state courts sitting in Boise, Idaho and federal courts sitting in Boise, Idaho. If either party employs attorneys to enforce any right in connection with any Dispute or lawsuit, the prevailing party shall be entitled to recover reasonable attorneys’ fees.

Security

Zanifesto uses industry standard practices to protect your personal information. We utilize several different security techniques to protect data from unauthorized access, but, Except as specified in a Terms of Purchase, We cannot guarantee the security of our system. Except as specified in a Terms of Purchase, we also do not guarantee uninterrupted or secure access to our system, as the operation of our Site can be interrupted by numerous factors outside of our control.

Last Updated: March 2, 2016