English | Inviter | Contact Mot de passe oublié

The following describes the terms on which Zetad.com a Web service of Yotad Inc. ("Zetad", "we", "us" or "our", as appropriate) offers you access to its services.

1. Introduction

By using the Services on the Zetad website located at www.Zetad.com or on any of our affiliates’ websites, you are agreeing to the following terms. Before you may become a user of Zetad, you must read and accept all of the terms and conditions in this User Agreement and the Privacy Policy.

2. Our Services

Once you register as a user on our website, you then become able to use our services, namely create online ads to be posted either on the Zetad website or on any of Zetad affiliates’websites (the "Services").

3. Content License from You

When you send, submit, post or display an ad through our Services you retain copyright and any other rights you already hold in such ad and in any materials, including without limitation, information, data, text, software, music, sound, photographs, graphics, video, and email messages or other kinds of messages included in such ad ("Content"). By sending, submitting, posting or displaying an ad or any Content when using the Services, you grant Zetad and as the case may be, Zetads affiliates on which your ad may be posted, a perpetual, irrevocable, worldwide, royalty-free, and non-exclusive license (through multiple tiers) to reproduce, adapt, modify, translate, publish, publicly perform, publicly display and distribute such ad or Content. This license is for the sole purpose of enabling Zetad (and as the case may be, its affiliates) to provide the Services. You confirm and warrant to Zetad that you have all the rights, power and authority necessary to grant the above license.

4. Responsibility for Content

You understand that all Content whether publicly posted or privately transmitted when sending, submitting, posting or displaying an ad when using the Services, is the sole responsibility of the person from which it originated. This means that you, and not Zetad (nor Zetad’s affiliates), are entirely responsible: (i) for all Content that you upload, post, email, transmit, or otherwise make available via the Services; and (ii) for ensuring that your ad and all Content pertaining thereto are accurate and do not include misleading information and in no way infringe or violate anyone’s proprietary rights. Zetad and its affiliates do not control the Content posted via the Services and, as such, do not guarantee the accuracy, integrity or quality of any ad or Content. You therefore agree that you will not hold Zetad or any of its affiliates responsible or liable for any inaccuracies in the ads posted, for any errors or omissions in any Content, or for any loss or damage of any kind incurred as a result of the use of or reliance upon any ad or Content posted, emailed, transmitted, or otherwise made available via the Services.

5. Right to Remove or Disclose Content

You acknowledge that Zetad and its affiliates do not pre-screen ads and Content, but that Zetad and its affiliates have the right (but not the obligation) to refuse or remove any ad or Content that is available via the Services that violates this User Agreement or is otherwise objectionable in their discretion. You acknowledge and expressly consent to Zetad and, as the case may be to its affiliates, accessing, preserving, and disclosing your account information and Content if required to do so by law or if in good faith it believes that such access, preservation or disclosure is reasonably necessary to: (a) comply with legal process; (b) enforce this User Agreement; (c) respond to claims that any Content violates the rights of third-parties; (d) respond to your requests for customer service; or (e) protect the rights, property, or personal safety or security of Zetad, its affiliates,  their users and the public.

6. Using Zetad

You agree that you will not use the Services to:

• violate any laws or third party rights;
• use our website and the Services if you are not able to form legally binding contracts, are under the age of 18, or are temporarily or indefinitely suspended from our website;
• upload, post, email, transmit, or otherwise make available any Content that: (i) is false, inaccurate, misleading, defamatory, libelous, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, invasive of another's privacy, hateful, racially, ethnically or otherwise objectionable or generally unlawful; (ii) you do not have a right to make available under any law or under contractual or fiduciary relationships; (iii) infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party; (iv) would constitute unsolicited or unauthorized advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of illegal solicitation;
• impersonate any person or entity, including, but not limited to, a Zetad official or falsely state or otherwise misrepresent your affiliation with a person or entity;
• transfer your Zetad account to another party without our prior consent;
• distribute viruses or any other technologies that may harm Zetad, its affiliates, Zetad or its affiliates’ websites or the interests or property of Zetad users or our affiliates’ users;
• copy, modify, or distribute content from our website and Zetad's or our affiliates’ copyrights and trademarks; or
• harvest or otherwise collect or use information about users, including email addresses, without their prior consent.

Additionally, you agree that you will not:

• take any action that imposes or may impose (in our sole discretion) an unreasonable or disproportionately large load on our infrastructure or the infrastructure of our affiliates;
• copy, reproduce, modify, create derivative works from, distribute, or publicly display any content (except for your information) from our website or our affiliates’ websites without the prior expressed written permission of Zetad and the appropriate third party, as applicable;
• interfere or attempt to interfere with the proper working of our website or any activities conducted on our website; or
• forge headers or otherwise manipulate identifiers in order to disguise the origin of any ad or Content transmitted through the Services.

7. Fees

Joining Zetad  is free. The fees for using the Services may vary and are detailed on Zetad’s website.

8. Accounts and Passwords

During the registration process to become a user, you will select a username and a password. You agree to provide true, accurate, current and complete information about yourself as prompted by the Services registration form and maintain and promptly update this data to keep it true, accurate, current and complete at all times. You understand and agree that you are solely responsible for maintaining the confidentiality of your account including your password, and are fully responsible for all activities that occur under such account. You agree to: (a) immediately notify Zetad of any unauthorized use of your account or any other breach of security; and (b) exit from your account at the end of each session.

9. Termination of Services

Without limiting other remedies, Zetad and any of its affiliates may in their sole discretion, limit, suspend, or terminate the Services and user accounts, prohibit access to their websites, and take technical and legal steps to keep users off their websites, remove and discard any Content within the Services, for any reason, including, without limitation, (a) accounts that are unconfirmed or which have been inactive for a period of over 6 months; (b) if Zetad or any of its affiliates believes that you have violated or acted inconsistently with the letter or spirit of this User Agreement; (c) request(s) by law enforcement or other government agencies; (d) if you provide any information that is untrue, inaccurate, not current or incomplete in your account, or Zetad has reasonable grounds to suspect that you have done so; (e) a request by you; (f) discontinuance or material modification to the Services (or any part thereof); (g) unexpected technical or security issues or problems; (h) in compliance with legal process; (i) if you have or we believe you have engaged in illegal activities, including without limitation, fraud; and/or (j) nonpayment of any fees owed by you in connection with the Services.

You acknowledge and agree that any termination of your access to the Services under any provision of this User Agreement may be effected without prior notice and that Zetad may immediately deactivate or delete your account and all related Content (including, without limitation, all ads associated with or stored in your account and/or bar any further access to such Content or the Services. Further). You agree that Zetad is not liable to you or any third-party (including without limitation Zetad’s affiliates) for termination of your account, or termination of your access to the Services. The Sections of this User Agreement which by nature should survive the termination of this User Agreement will do so.

10. Proprietary rights

You acknowledge and agree that Zetad (or Zetad's licensors) own all legal right, title and interest in and to the Services, including any intellectual property rights which subsist in the Services (whether those rights happen to be registered or not, and wherever in the world those rights may exist). Nothing in the User Agreement gives you a right to these rights or to use any of Zetad's or Zetad’s affiliates’ trade names, trade marks, service marks, logos, domain names, and other distinctive brand features. Other than the limited license set forth in Section 3, Zetad acknowledges and agrees that it obtains no right, title or interest from you (or your licensors) under this User Agreement in or to any ad or Content that you submit, post, transmit or display on, or through, the Services, including any intellectual property rights which subsist in any ad or in that Content (whether those rights happen to be registered or not, and wherever in the world those rights may exist). You agree that you are responsible for protecting and enforcing those rights and that Zetad has no obligation to do so on your behalf.

11. Practices Limits Concerning Use of the Services

You acknowledge that Zetad may establish general practices and limits concerning use of the Services, including without limitation the maximum number of days that ads, email messages or other uploaded Content will be retained by the Services, the maximum number of ads that may be uploaded by an account, the maximum size of any ad or message that may be uploaded by an account, and the maximum number of times (and the maximum duration for which) you may access the Services in a given period of time. You further acknowledge that Zetad reserves the right to change these general practices and limits at any time, in its sole discretion, with or without notice.

12. LIMITATION OF LIABILITY

You will not hold Zetad or Zetad’s affiliates responsible for other users’ ads or Content, actions or inactions, which are made through our website or using our Services. We are not involved in the actual transaction between our users. We have no control over and do not guarantee the quality, safety or legality of products or services advertised in the ads, the truth or accuracy of users’ ads, the ability of sellers to sell the items or provide the services detailed in the ads, the ability of buyers to pay for such items or services, or that a buyer or seller will actually complete a transaction. We cannot guarantee continuous or secure access to our Services, and operation of our website may be interfered with by numerous factors outside of our control.

YOU EXPRESSLY UNDERSTAND AND AGREE THAT ZETAD, ITS AFFILIATES AND ITS LICENSORS SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, WHICH MAY BE INCURRED BY YOU, HOWEVER CAUSED AND UNDER ANY THEORY OF LIABILITY. THIS SHALL INCLUDE, BUT NOT BE LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL OR BUSINESS REPUTATION, ANY LOSS OF DATA SUFFERED, COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, OR OTHER INTANGIBLE LOSS (EVEN IF ZETAD OR ITS AFFILIATES  HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM THE USE OR THE INABILITY TO USE THE SERVICES OR ANY MATTER RELATING TO THE SERVICES INCLUDING WITHOUT LIMITATION (I) ANY CHANGES WHICH ZETAD MAY MAKE TO THE SERVICES, OR FOR ANY PERMANENT OR TEMPORARY CESSATION IN THE PROVISION OF THE SERVICES (OR ANY FEATURES WITHIN THE SERVICES); (II) THE DELETION OF, CORRUPTION OF, OR FAILURE TO SEND, DISPLAY OR STORE, ANY ADS, CONTENT AND OTHER COMMUNICATIONS DATA MAINTAINED OR TRANSMITTED BY OR THROUGH YOUR USE OR OTHER USERS USE OF THE SERVICES; (III) YOUR FAILURE TO PROVIDE ZETAD WITH ACCURATE ACCOUNT INFORMATION OR TO KEEP YOUR PASSWORD OR ACCOUNT DETAILS SECURE AND CONFIDENTIAL. REGARDLESS OF THE FOREGOING, IF WE ARE FOUND TO BE LIABLE, OUR LIABILITY TO YOU OR TO ANY THIRD PARTY IS LIMITED TO THE GREATER OF: (A) THE TOTAL FEES YOU PAID TO ZETAD IN THE 12 MONTHS PRIOR TO THE ACTION GIVING RISE TO THE LIABILITY, AND (B) $150.00 CAD.

13. DISCLAIMER OF WARRANTIES, REPRESENTATIONS, AND CONDITIONS

YOU EXPRESSLY UNDERSTAND AND AGREE THAT:

(a)	YOUR USE OF THE SERVICES IS AT YOUR SOLE RISK. THE SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. ZETAD AND ITS AFFILIATES ASSUME NO RESPONSIBILITY FOR THE TIMELINESS, DELETION, MIS-DELIVERY, NON-DELIVERY OR FAILURE TO STORE ANY AD, USER COMMUNICATIONS OR CONTENT. ZETAD AND ITS AFFILIATES EXPRESSLY DISCLAIM ALL WARRANTIES, REPRESENTATIONS AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES, REPRESENTATIONS AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
(b)	ZETAD AND ITS AFFILIATES MAKE NO WARRANTY THAT (i) THE SERVICES WILL MEET YOUR REQUIREMENTS, (ii) THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICES WILL BE ACCURATE OR RELIABLE, AND (iv) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICES WILL MEET YOUR EXPECTATIONS.
(c)	ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICES IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.
(d)	NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM ZETAD, OUR AFFILIATES OR THROUGH OR FROM THE SERVICES SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THIS USER AGREEMENT.

14. Release

If you have a dispute with one or more users, you release us, our affiliates and licensors (and our officers, directors, agents, subsidiaries, joint ventures and employees) from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such disputes.

15. Indemnity

You agree to indemnify and hold Zetad, our affiliates and licensors (and our officers, directors, agents, subsidiaries, joint ventures, partners and employees), harmless from any claim or demand, including reasonable legal fees, made by any third party due to or arising out of your breach or violation of this User Agreement, of any ad and Content which you submit, post, transmit or make available through the Services, your use of the Services, your connection to the Services, or your violation of any rights of another or your violation of any law or the rights of a third party.

16. Privacy

We use your information only as described in the Zetad Privacy Policy located at http://en.zetad.com/privacy.php which is part of and is hereby incorporated into this User Agreement. If you object to your personal information being transferred or used in the way referred to in our Privacy Policy, please do not use our Services.

17. External Links

The Services may provide, or third parties may provide, links to other websites or content or resources and our affiliates may agree to post users’ ads on their websites. Zetad has no control over such third party or affiliates’ websites and resources. You acknowledge and agree that Zetad is not responsible for the availability of such external websites or resources, and does not endorse and is not responsible or liable for any Content, advertising, products, or other materials on or available from such websites or resources. You further acknowledge and agree that Zetad is not 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 advertising, products, or other materials on or available from such websites or resources.

18. No Agency

No agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created by this User Agreement.

19. Notices

Except as explicitly stated otherwise, any notices to Zetad shall be sent at 130, Alexis De Lafontaine, Saint-Denis-De-Brompton, Québec, Canada, J0B 2P0, by registered mail to the attention of: Customer support and to you to the email address which you provided to Zetad during the registration process or by certified mail, postage prepaid and return receipt requested, to the address provided to Zetad during the registration process. Notice shall be deemed given 3 days after the date of mailing or 24 hours after an email is sent.

20. Law and Forum for Disputes

The laws of the Province of Quebec shall apply to the interpretation of this User Agreement notwithstanding any conflict of law provisions. All proceedings relating to the Services or to this User Agreement shall be brought before the courts of the Province of Quebec.

21. General

If any provision of this User Agreement is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced. In our sole discretion, we may assign this User Agreement in accordance with the Notices Section. Headings are for reference purposes only and do not limit the scope or extent of such Section. Our failure to act with respect to a breach by you or others does not waive our right to act with respect to subsequent or similar breaches. We do not guarantee we will take action against all breaches of this User Agreement.

22. Changes to the User Agreement

This User Agreement is effective on May 5, 2010. Zetad may make changes to the User Agreement from time to time. When these changes are made, Zetad will make a new copy of the User Agreement and make it available to all users by posting it on our website and all amended terms shall automatically be effective 60 days after they are initially posted. You understand and agree that if you use the Services after such date, Zetad will treat your use as acceptance of the updated User Agreement.

23. Language

The parties hereto have agreed that this User Agreement and any of its accessories, including notice, be written in the English language. Les parties aux présentes ont exigé que ce contrat et ses accessoires, y compris tout avis, soient rédigés en anglais. Please note that both the English and French versions of this User Agreement have equal legal value.