This User Agreement is a legal contract between you and ZTE. By registering for or using ZTE Community or any of its related services, you agree that you have read and understand the terms of this User Agreement, and you agree to be bound by them. If you do not agree to these terms, please do not use or access the Community.
We reserve the right, at our discretion, to modify this User Agreement at any time. Modified terms are effective as soon as they are posted. We also reserve the right to waive or modify any of these terms selectively. Your continued use of the Community, or any materials or services accessible through it, after modified terms are posted, means you accept the modifications.
If there is a conflict between any other agreements and this User Agreement regarding use of this Site, this User Agreement's terms will govern.
To register as a Community user, you will need to enter a password and a username to identify yourself to others. For security purposes, please do not use the same username that you use to sign on to ZTE Online®. Nor should you use any other username that you use to access bank accounts at other financial institutions. Please also refrain from using usernames of famous people or that contain unacceptable language. We may reject any username that we determine in our discretion is unacceptable for use on the Community. The information you provide during registration must be accurate and complete, and you agree not to register under the name of another person or otherwise impersonate any other person, including any Community user, moderator, public figure, or ZTE employee. If, after investigation, ZTE has reasonable grounds to suspect that your information is untrue, inaccurate, not current, or incomplete, we may suspend or terminate your account and prohibit future use of the Community. We explicitly disclaim liability for any and all losses and damages arising from your failure to comply with this section.
ZTE has designated certain individuals to act as Community Moderators. Community Moderators do not pre-screen most posts or monitor the site on a "real time" basis. Community Moderators have the right, but not the obligation, to edit or remove content and posts at their discretion, either because there has been a violation of this User Agreement or the ABCs Regarding Our User Guidelines, or for any other purpose. Community Moderators are the only authorized representatives of ZTE in the Community. The Community Moderators will use best efforts to, but may or may not, investigate any complaint that is brought to their attention, and may or may not take what a User deems as appropriate action, including, but not limited to issuing warnings, removing the content, or suspending or terminating the username. Because situations and interpretations vary, it is possible that no action will be taken whatsoever. Our failure to act with respect to a violation by you or others does not waive our ability to act differently with respect to subsequent or similar violations.
Community Moderators may communicate with you personally concerning your participation in the Community or related matters. Those communications are not intended to be made public, and you agree not to post or otherwise disseminate those communications within the Community or elsewhere, on the Internet or otherwise. Violation of these terms may result in your content being moderated and/or your account being terminated.
You agree that your membership in and access to the Community may be immediately suspended or terminated without explanation or prior notice. The following acts will lead to a termination of a user's membership in and access to the Community: 1) breaches or violations of this User Agreement or the ABCs Regarding our User Guidelines; 2) requests by law enforcement or other government agencies; 3) a request by you (self-initiated account deletions); 4) unexpected technical issues or problems; and 5) extended periods of inactivity. Termination of your Community membership includes removal of access to all offerings within the Community and may also bar you from further use of the Community. Furthermore, you agree that neither ZTE nor the Community Moderators shall be liable to you or any third-party for any termination of your membership in or access to the Community.
For any content that you submit, including, but not limited to, data, text, messages, files, documents, images, photographs, videos, audiovisual works, musical compositions, sound recordings, posts, your and/or other persons' names, likenesses, voices, usernames, profiles, actions, appearances, performances and/or other biographical information or material, and any other materials, you grant ZTE a perpetual, irrevocable, royalty-free, transferable right and license to use, copy, modify, delete in its entirety, adapt, publish, translate, create derivative works from and/or sell and/or distribute such content and/or incorporate such content into any form, medium, or technology throughout the world, on an unrestricted basis for any purpose, without the requirement of any permission from or compensation to you. None of the content that you submit shall be subject to any obligation of confidence on the part of ZTE, its agents, subsidiaries, affiliates, partners, or third-party service providers and their respective directors, officers, and employees. All content that you submit may be used at ZTE's sole discretion. We shall not be liable for any use or disclosure of any content. Without limiting the foregoing, you hereby grant us, without the requirement of any permission from or payment to you or to any other person or entity, a perpetual, irrevocable, transferable, fully-paid, royalty-free, non-exclusive, and sub-licensable worldwide license to use, re-use, reproduce, print, transmit, publish, exhibit, display, distribute, re-distribute, copy, host, cache, archive, store, index, categorize, stream, comment on, edit, alter, modify, adapt, translate, create derivative works based upon such content, in whole or in part, all without further notice to you and with or without attribution.
GRANT OF RIGHTS FOR CONTESTS: By entering into contests hosted on Z-Community, each Entrant grants to the Sponsor and its licensees a world-wide, perpetual, non-revocable, royalty-free, sub-licensable license to publish his/her Photo/Video/Text Entry as well as derivative works based thereon on the Website and via any and all other media, now known or hereafter devised, in any manner related to the Sweepstakes, without prior notice, approval or compensation. Entrant also grants Sponsor the right to use any material, information, ideas, concepts, know-how or techniques contained in the Entry for any purpose whatsoever, including but not limited to developing, manufacturing and marketing products using such information without any payment or other compensation to entrant. Entrants otherwise will retain all rights to their respective Photo/Video Entries.
Any content that you place on the Community is posted at your own risk, and can be obtained and used by others. Do not reveal information that you do not want to make public, such as posts including your contact information or email address. ZTE disclaims any responsibility or liability arising from your disclosure of such personal information, or any other information, in any profile or post.ZTE reserves the right to instruct the Community Moderators to remove any posts in the Community containing phone numbers, street addresses, or otherwise personally identifying information as it cannot verify such information or confirm the desire of said information to be posted by the individual to which this information pertains. By submitting your email address to register, you agree that ZTE, its third-party service providers, and the Community Moderators may use your email address to contact you about your profile or any content you post on the Community, and for other administrative purposes related to the Community. You also agree that by submitting your email address to register, you are consenting to receive information about ZTE and its affiliates’ products and services. You can always manage your email preferences by clicking on the “Unsubscribe” link in the email. ZTE complies with COPPA, and we do not knowingly collect any information from children under the age of 13. If you are under the age of 13, you are not able to participate in ZTE Community.
You hereby agree to indemnify, defend, and hold ZTE, the Community Moderators, and all respective officers, directors, owners, employees, agents, representatives, and assigns (collectively, the "Indemnified Parties") harmless from and against any and all losses, damages, liabilities, and costs (including, without limitation, settlement costs and any legal or other fees and expenses for investigating or defending any actions or threatened actions) incurred by the Indemnified Parties in connection with any claim arising out of any breach by you of this User Agreement or the ABCs Regarding Our User Guidelines or claims arising from your content or conduct. You shall use your best efforts to cooperate with us in the defense of any claim. We reserve the right, at our own expense, to employ separate counsel and assume the exclusive defense and control of any matter otherwise subject to indemnification by you.
THE CONTENT ON THE COMMUNITY (INCLUDING, WITHOUT LIMITATION, POSTS, THIRD-PARTY CONTENT, AND ANY ZTE CONTENT) IS PROVIDED "AS IS" AND CARRIES NO WARRANTIES. ZTE DOES NOT WARRANT OR GUARANTEE THE ACCURACY, RELIABILITY, COMPLETENESS, USEFULNESS, NON-INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS, OR QUALITY OF ANY CONTENT ON THE COMMUNITY, REGARDLESS OF WHO ORIGINATES THAT CONTENT. ZTE DOES NOT WARRANT THAT THE COMMUNITY IS SECURE, FREE FROM BUGS, VIRUSES, INTERRUPTION, ERRORS, OR OTHER LIMITATIONS. YOU EXPRESSLY UNDERSTAND AND AGREE THAT YOU BEAR ALL RISKS ASSOCIATED WITH USING OR RELYING ON THAT CONTENT. ZTE IS NOT LIABLE OR RESPONSIBLE IN ANY WAY FOR ANY CONTENT POSTED ON OR LINKED FROM THE COMMUNITY, INCLUDING, BUT NOT LIMITED TO, ANY ERRORS OR OMISSIONS IN CONTENT, OR FOR ANY LOSSES OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF OR RELIANCE ON ANY CONTENT.
ALL CONTENT POSTED TO THE COMMUNITY, INCLUDING CONTENT POSTED BY THIRD PARTIES, IS NOT AFFILIATED WITH ZTE. SUCH THIRD-PARTY CONTENT IS THE SOLE RESPONSIBILITY OF THE PERSON ORIGINATING THAT CONTENT. YOU AGREE THAT ZTE DOES NOT CONTROL, AND IS NOT RESPONSIBLE IN ANY WAY FOR THIS THIRD-PARTY CONTENT. ADDITIONALLY, YOU AGREE THAT ZTE IS NOT LIABLE FOR THIS CONTENT, AND YOU WILL INDEMNIFY AND HOLD ZTE, AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, AGENTS, MODERATORS, AND EMPLOYEES HARMLESS FROM ANY CLAIM, INCLUDING REASONABLE ATTORNEY'S FEES, MADE BY ANY THIRD PARTY RELATING TO OR ARISING OUT OF CONTENT YOU SUBMIT, POST, TRANSMIT, OR MAKE AVAILABLE THROUGH THE COMMUNITY, YOUR USE OF THE COMMUNITY, YOUR VIOLATION OF THIS AGREEMENT OR THE ABCs REGARDING OUR USER GUIDELINES, OR YOUR VIOLATION OF ANY RIGHTS OF ANOTHER.TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ZTE AND ITS REPRESENTATIVES ARE NOT LIABLE FOR ANY INDIRECT, PUNITIVE, EXEMPLARY, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES (INCLUDING DAMAGES RELATING TO LOSS OF BUSINESS, TELECOMMUNICATION FAILURES, LOSS, CORRUPTION, SECURITY, OR THEFT OF DATA, LOSS OF PROFITS OR INVESTMENT, ACCOUNTING POSITIONS TAKEN BY YOU, OR THE LIKE), WHETHER BASED ON BREACH OF CONTRACT, BREACH OF WARRANTY, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, PRODUCT LIABILITY, OR OTHERWISE, EVEN IF ZTE OR ITS REPRESENTATIVES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND EVEN IF A REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.
You agree that Texas law (without giving effect to its conflicts of law principles) shall govern this User Agreement, and that any controversy or claim arising out of or relating to this Agreement shall be settled by binding arbitration in Collin County, Texas, in accordance with the procedural rules for commercial disputes set forth by the American Arbitration Association (AAA) then prevailing, and judgment upon the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof. The arbitrator shall apply Texas law consistent with the Federal Arbitration Act and applicable statutes of limitations, and shall honor claims of privilege recognized at law. Any matters or proceedings which are not subject to arbitration as set forth above and/or for entering any judgment on an arbitration award, shall take place in Collin County, Texas. YOU AGREE THAT TO THE EXTENT PERMITTED BY APPLICABLE LAW, ANY AND ALL DISPUTES, CLAIMS AND CAUSES OF ACTION ARISING OUT OF OR CONNECTED WITH THE COMMUNITY, WILL BE RESOLVED INDIVIDUALLY THROUGH BINDING ARBITRATION OR LITIGATION AS SET FORTH ABOVE, WITHOUT RESORT TO ANY FORM OF CLASS ACTION.You agree that the Company may seek injunctive relief for any claims arising out of a breach of the provisions hereof related to confidentiality or proprietary information. This User Agreement, accepted upon registration for the Service, contains the entire agreement between you and the Company regarding the use of this Service. In the event that any provision of this User Agreement shall for any reason be held invalid, illegal, or unenforceable in any respect, the remaining provisions shall remain in full force and effect. No waiver of any breach of any provision of this User Agreement shall constitute a waiver of any prior, concurrent, or subsequent breach of the same or any other provisions hereof, and no waiver shall be effective unless made in writing. Unless otherwise explicitly stated, the terms and conditions hereof will survive termination of this User Agreement.
You agree that you will only use the Service in a manner consistent with any and all applicable local, state, national, and international laws and regulations, including, but not limited to, United States export control laws. As a Registered User you agree that you are not located in, under the control of, or a national or resident of any country to which the United States has embargoed goods, (ii) identified as a “Specially Designated National”, or (iii) placed on the Commerce Department’s Table of Deny Orders. Membership in, and use of, the Service is void where prohibited. To the extent that the Services are not legal in your jurisdiction, you may not use the Services.
You can see our User Guidelines in short form Community Guidelines. These are the ABCs of our User Guidelines in greater detail. The User Guidelines are incorporated by reference into this Agreement. ZTE Community is open to all points of view on the intended business-related topics. We want to hear from you, and we are committed to maintaining a comfortable environment for all visitors. Please interact with other users respectfully, as you would in any public or professional arena. If you disagree with the statements of another user, it is acceptable to engage in polite, mature debate. Name-calling, personal attacks, harassment, and other aggressive posts or behavior are not allowed and are grounds for immediate removal of a post, or grounds for permanent removal from ZTE Community. All terms in the User Guidelines are consistent with the terms as defined in the User Agreement. The following content and conduct are not allowed in the Community, and are cause for username suspension or termination without explanation or prior notice. Your posts or other communications that include the following content or reflect prohibited conduct, as described below, may be subject to removal. By participating in the Community, you understand and agree to abide by the following ABCs of Etiquette: Illegal or Unethical Activities and Content directed at ZTE Community or its Users are Prohibited.
Profane, obscene, racist, sexist, intolerant, inappropriate, disruptive, or unrelated content is prohibited.
Keep Your and other People’s Information Private, and Other Important Rules
Solicitations and promotions and other commercial use are not permitted.
Digital Millennium Copyright Act ("DMCA") Notice and Procedure
Notice and Procedure for Making Claims of Copyright Infringement in Accordance with DMCA. In accordance with the Digital Millennium Copyright Act (the text of which may be found on the U.S. Copyright Office website at http://www.copyright.gov), ZTE will respond expeditiously to clear notices of alleged copyright infringement that are reported to ZTE& designated copyright agent identified below. As part of our response, we may remove or disable access to material residing on a site that is controlled or operated by ZTE that is claimed to be infringing, in which case we will make a good-faith attempt to contact the person who submitted the affected material so that they may make a counter notification, also in accordance with the DMCA. The following section describes the information that should be present in these notices.
Notice of Infringing Material If you are a copyright owner, or are authorized to act on behalf of an owner of the copyright or of any exclusive right under the copyright, and believe that your work has been copied in a way that constitutes copyright infringement, please report your notice of infringement to ZTE by providing ZTE designated copyright agent listed below with the following information: