These terms and conditions apply to all users of Zmags (DBA Fastr) Services (as defined below).
Zmags Corporation, DBA Fastr (“Fastr”) is in the business of providing an online platform to allow customers to create shoppable content enabling digital marketers to create and publish rich content experiences without the need for coding (collectively, the “Fastr Services”).
A. License Grant
B. Permitted Use of Subscription Services
- search, view, reproduce, download and store, in printed or electronic form, Fastr Materials from the Subscribed Services;
- customize and incorporate such Fastr Materials, in whole or part, in documents, memoranda, articles and other work product prepared by User on the Subscriber’s behalf in connection with client matters, or for the Subscriber’s internal use (“Subscriber Materials”); and
- provide, transmit or distribute such Fastr Materials to others.
C. License Restrictions
D. Access Restrictions
User shall not access or attempt to access any Fastr Materials other than through Subscribed Services for which s/he is authorized, or otherwise circumvent or attempt to circumvent any access restrictions or controls through hacking or other means. User shall not disclose his/her assigned user name or password to anyone.
E. Google (YouTube) API Services
F. Proprietary Rights
G. Prohibited Activities
- remove, alter or obscure any citation or attribution of the author or source, or any notice of copyright, trademark or other proprietary rights on any Fastr Materials or make any use of the Fastr Marks without Fastr's prior written consent;
- interfere with any other User’s access, use or enjoyment of the Fastr Services;
- use the Fastr Services or Fastr Materials in a manner contrary to or in violation of any applicable law, regulation or rule of any jurisdiction, governmental agency or securities exchange;
- use any Fastr Services to store, distribute or transmit any material without authority or right to do so or in violation of any contractual or fiduciary duty, or that is otherwise unlawful, harmful, threatening, defamatory, obscene, harassing, disparaging of any person or group on the basis of race, ethnicity, religion, age, gender or sexual orientation;
- access or use any content, materials or services not intentionally provided or otherwise made available by Fastr;
- reverse compile, disassemble, reverse engineer or otherwise seek to discover the source code form of any Fastr software or other technology, except as may be allowed by applicable law which is incapable of exclusion by agreement between the parties;
- introduce any virus, denial of service attack or other potentially harmful or malicious software code or device into the Fastr Services or Fastr Materials, or use the Fastr Services in any manner that might destroy, damage or degrade performance of any data communications facility, network, server, system, component, software or data used to deliver the Fastr Services;
- use, reproduce, download or transmit any Fastr Services or Fastr Materials for the purpose of providing any services to third parties (whether or not for a fee), or otherwise exploit any Fastr Services or Fastr Materials to Fastr’s commercial disadvantage;
- use any network software, device or manual process to monitor, download or copy the Fastr Services or Fastr Materials, to extract information concerning usage or individual User; or
H. Warranty Disclaimers and Exclusion of Liability
I. Governing Law; Jurisdiction and Venue
J. Amendment and Waiver; Severability