Privacy Policy

Brandit - General Terms & Conditions

Netizen - General Terms & Conditions

Privacy Policy

ZackBrandit processes your personal data in conformity with this privacy policy and with the strict rules of Belgian and European data protection legislation.
This privacy policy is a part of our Terms & Conditions and should be read carefully, as it specifies which rights you have and how you can exercise your rights. Any use of the website implies the entire acceptance of this privacy policy.

1. ZackBrandit's privacy policy

ZackBrandit respects your privacy. Throughout our business, around the world, we will only collect, store and use your personal information for the following defined purposes:

We use your information to support and build upon our relationship with you, (e.g. enhance your user experience regarding your visit to www.zackbrandit.com and sites you may access via our platform. This includes, but is not limited to, processing your purchases, providing service and support and sharing products, services and company newsletters with you).

We do not sell your personal information and will never sell your personal information.

We only share your personal data outside of ZackBrandit with your given consent, as required by law or to protect ZackBrandit, its customers, the public or with companies that help ZackBrandit fulfil its obligations to you, and only then with partners who share ZackBrandit's commitment to protecting your privacy and data.

At any time you may contact ZackBrandit with any privacy questions or concerns you may have.

You may ask at any time to see the personal data you have provided us and request a correction or deletion. Please use your account on ZackBrandit to see what data we have saved in reference to your personal information or to edit it.

We strive to protect the security of your personal data by use of appropriate measures and processes.

2. The Personal Information ZackBrandit stores

ZackBrandit only requests specific types of personal information. We ask you to provide information that will enable us to process your purchase or provide services to you, improve your site visit, respond to requests for information, support our customer relationship, assist you with technical support issues or to follow up with you after your visit and/or purchase.

1. The type of information collected by ZackBrandit:

Public information you upload as follows, but not limited to:

information within your user account, blogs, pictures

messages sent to other users, as well as ratings and Zilhouettes, and contributions to our cluster conversations

links to Brands, Brandits and Netizens

Private information you upload as follows, but not limited to:

settings and administrative data (e.g. your username, password, phone number, logs, credits, ... )

your privacy and preference settings

credit card information and other bank details (e.g. in order to pay your commission fees, we need your details to make the payment)

History and logs

time, date and URL of all ZackBrandit pages visited

the URL of any referring websites

the searches your perform on the ZackBrandit website

technical information regarding your internet browser and computer (e.g. screen resolution, … )

2. ZackBrandit may collect information:

When you register on www.zackbrandit.com

When you connect to a Brand, Brandit or Netizen

When you place an order for products and/or services

Should you request e-mail notification of your order status

Anytime you fill out a support request or request telephone/internet technical support services

Should you opt to provide feedback in an online survey or poll

When you participate in a forum, discussion or ZackBrandit cluster conversation

When you participate in promotional offers or

Should you subscribe to newsletters or other proposed services through the ZackBrandit platform (e.g. newsletter, ...)

3. ZackBrandit only uses your personal information for specific purposes

The information you provide will be kept confidential and is collected and processed for the following general purposes (or for any other legitimate purpose described by the applicable law):

To publish any information intended to be made public by you, under the conditions specified within your privacy settings

To allow you to correctly use the website in accordance with your account settings

To perform general customer administration (e.g. process payments, provide requested services, send usernames and passwords, respond to questions, ...)

To fulfil requests for products and services

To generate anonymous statistics about the users of the website in an effort to improve our products and services or convey statistical information to third parties (e.g. Brands)

To contact you (e.g. problem with an order, provide you information requested, ...)

To tailor the content to our target demographic

To investigate fraud and infringements regarding our Code of Conduct

To send you communication about the website, as well as other products and services

4. Digital Information Storage and Location

ZackBrandit applies the following storage terms:

Individuals who wish to deactivate their ZackBrandit account may do so on the My Account page. Removed information may persist in backup copies for a reasonable period of time but will not be available to members of ZackBrandit. Information shared and text written in our forum and cluster conversations will remain visible to other members.

Cookies: cookies used on the website have a shell life of 30 days. Your personal data may be stored in a country outside the European Union.

5. Newsletters, mailing lists, requests for information

If you request, we (any entity of ZackBrandit or representative of ZackBrandit or any specific brand or Brandit you are connected with) will send you information about our activities, promotions or that of affiliated brands, products and services that may be of interest to you. Such information may encompass alerts regarding new products, service upgrades and special offers. Requests for updated general information and other new products and services from ZackBrandit will also be sent to you unless you specify otherwise. Only ZackBrandit (or representatives working on behalf of ZackBrandit or the specific brand you have connected with) will send you these direct mailings. If you wish to unsubscribe, simply notify us by logging into your online account (http://www.zackbrandit.com/XXXXXXX) and unsubscribe to the mailing using your privacy settings.

For processing complaints please use our internal messaging system by messaging our Support team or visit our Contat Us page.

6. How your personal data is shared with third parties

ZackBrandit is about sharing your brands’ passion with others (friends and people within your networks) while providing you with privacy settings. We allow you to choose certain privacy settings. We do not provide contact information to third parties of any kind without your permission.

We share your information with third parties only regarding certain circumstances where such sharing is:

or reasonably necessary to offer the service, product or process payment (e.g. We can share the information necessary to agents, subcontractors or brands performing services for ZackBrandit (e.g. parcel service, marketing sub-contractors, financial institutes or brands that will deliver the service or product ordered, ...); your discussions on our forums, ...)

or legally required (e.g. in case of illegal use, or when we receive orders from legal authorities ),

or permitted by you. (e.g. newsletter, product information, ...)

ZackBrandit will only disclose your personal information to the extent required or authorized by applicable law; if ordered or required to do so by a court or governmental authority, your information will be handled with care and as appropriate within the applicable jurisdiction to ensure that we are in compliance with our legal obligations and your right to privacy. ZackBrandit may transfer your personal information to affiliated companies.

7. Disclose of your personal information

Your personal information (such as name, address and phone number) or your orders and the products you purchase will not be given or sold to any outside organization for use in marketing or solicitation. In order to participate in Co-Branded activities and unique events organized by ZackBrandit and/or a Third Party we will request your consent to provide your information as needed.

8. Your rights

Upon your request, we will inform you about the type of personal information we maintain within our database, the purposes for which we hold it and the possible recipients and/or types of recipients in reference to your ZackBrandit account. We have thirty days to provide you with this information. Upon written request and within a reasonable period of time we will also correct, delete and/or block personal information from further processing; certainly if that information proves to be factually inaccurate, incomplete, or irrelevant to the purpose(s) of processing your orders or the use of the ZackBrandit platform.

9. Internet Commerce

The online ZackBrandit platform at www.zackbrandit.com is designed to give you options concerning the privacy of your name, address, e-mail, and any other information you provide within your ZackBrandit account. ZackBrandit is committed to keeping the information collected on our site secure. We offer the industry standard security measures available.

10. Cookies and Web beacons

ZackBrandit uses technology to help us deliver customized experiences for our users. We primarily use "cookies" to help us determine which service and support information are compatible with your computer and technology. This is done to ensure a positive, online experience within our platform. Our use of this technology does not mean that we automatically know any personal information about you. We might be able to ascertain some limited, general information, such as what type of computer you are using, but beyond that; our use of cookies is designed only to provide you with a better experience when using www.zackbrandit.com. We have no desire or intent to infringe on your privacy while using www.zackbrandit.com site. For more information about our use of cookies, please consult the FAQ.

We, or third parties acting on our behalf, may use web beacons on our site, in our e-mails, in our widgets on other sites (e.g. blogs, social networks, ...) or in our banners in e-mails. A web beacon is an electronic image that can be used to recognize a cookie on your computer when you view a web page or e-mail. Web beacons help us measure the effectiveness of our site in various ways, for example, by counting the number of individuals who visit our site from a particular widget or make a purchase from our site after viewing a particular promotion.

We do not allow third parties to place any web beacons on our site or in our widgets. We will not share any personal information collected through web beacons with any third party, except for service providers who act on our behalf and who are contractually prohibited from any other use or disclosure of your information.

You can render some web beacons useless by rejecting cookies. Rejecting cookies will alter your user experience and might prevent you to use certain services on our website.

11. Contact ZackBrandit

If you would like to contact us, or have questions or suggestions regarding our Privacy Policies, please write us at the following address (see below) or e-mail to:

hidden email

ZackBrandit SPRL / BVBA
Brandits & Netizens
Av de Rusatira 3
1083 Ganshoren
Belgium

Brandit
GENERAL TERMS AND CONDITIONS

Welcome to ZackBrandit.com. By clicking on the accept button, the Brandit (blogger, social media user, ...) accepts the General Terms and Conditions stated hereunder that will bind the Brandit with ZackBrandit SPRL:

We do recommend you to read them carefully.

1. Preamble

Brands: companies, Non-Profit, artists, … that have a product or service to sell.

Brandit: people that are socially active on the web and promote brands from the ZackBrandit platform and that have a blog, social network page, … where they promote the Brands to which they are linked to.

Netizen: a citizen of the internet and also a customer and member of the ZackBrandit Platform

Zilhouette System: a system created by ZackBrandit to profile the perception of a Brandit, Brand, product or service.

Zed: is a virtual currency created by ZackBrandit. Netizens and Brandits can use them to buy on the ZackBrandit platform or redeem it in other currencies.

2. Object

ZackBrandit and the blogger or other Social Media User (both referred to as “Brandit” within this contract) agree that ZackBrandit shall make available to the Brandit information (about brands, products and services, blogs, …), computer programs or applications (including those with a need to be accessed remotely) and access to the ZackBrandit Platform Services (Widget to promote Brands, Zilhouette, access to our brand marketplace, …).
The services are subject to this general terms and conditions (“Agreement”).

3. Licenses

ZackBrandit grants to the Brandit a non-exclusive, non-transferable license (“License”) to use and display the Information and Software in object code format only. This constituting that each ZackBrandit product or service specified in our Brand Marketplace is subject to the limitations contained in this Agreement. ZackBrandit retains all ownership rights (including copyrights and other intellectual property rights) within the realm of ZackBrandit Services, in any form. The Brandit obtains only such rights explicitly granted in this Agreement. ZackBrandit grants the Brandit a limited license to access, make personal use of this site, not to download (other than page caching) or modify it, or any portion of it (except with written consent of ZackBrandit).

Each License is for a indefinite term, beginning on the date that the user accepts this agreement when registering as a Brandit unless another term is specified, or unless a party terminates the Agreement.

ZackBrandit can terminate the agreement with one (1) month prior written notice to the Brandit. In case of fraud or abuse, ZackBrandit can block or delete the account without prior notice and reserves the right to take legal actions.

The Brandit can terminate the agreement by closing his account and without prior notice.

Software “Updates” (i.e. minor enhancements, additions, and substitutions to Software, including corrections and bug fixes) or “Upgrades” (i.e. modifications, additions or substitutions that result in a substantial change, improvement or addition to Software) are provided free of charge. The Brandit is required to install the updates or upgrades in order to guarantee the proper functioning of the services provided. All Updates and Upgrades obtained by Brandit are subject to this Agreement.

Telephone and email based software support is available during the Term of this Agreement for the currently licensed Software versions and only if the Brandit has adhered to this agreement, having installed said Updates or Upgrades provided by ZackBrandit.

4. Member account, password and security

To register for ZackBrandit’s Service, the Brandit must complete the registration process by providing ZackBrandit with current, complete and accurate information. This information is prompted by the registration form and includes the Brandit e-mail address, screen name and password.

The Brandit shall protect his passwords and take full responsibility for his own use of his account.

The Brandit may have more than one user account. Each user account must be linked to a different Blog or Social Media Page. The Brandit is not permitted to link to more than one Blog or Social Media Page per account. The Brandit shall keep his account updated every time this is needed (e.g. address change, change of bank account details to receive payments, …).

The Brandit is solely responsible for any and all activities that occur under his/her Account. The Brandit agrees to notify ZackBrandit immediately upon learning of any unauthorized use of Customer Account or any other breach of security.

ZackBrandit's support staff may log in to the Service under the Brandit password in order to maintain or improve service and/or to provide the Brandit with assistance regarding technical issues. The Brandit hereby acknowledges and consent to such access.

A Brandit may transfer an account to another Brandit, but must ensure that ZackBrandit is informed. A new agreement will be provided, user information will be required to be updated and standards within this agreement must be followed.

The Brandit must be at least 18 years old in order to create an account and to use ZackBrandit services. By accepting the present general terms and conditions, the Brandit confirms he is at least 18 years old and is entitled to contract.

ZackBrandit reserves the right to refuse service, terminate accounts, remove or edit content, or cancel orders in their sole discretion.

5. Restrictions on Use

Information and Software are licensed to the Brandit’s use only and only at the points of service specified in this general terms and conditions.

The Brandit will not provide Information, Software or other Services to others. This includes, but is not limited to:

directly in any media or indirectly through incorporation in a database,

marketing lists, reports or otherwise,

use or permit the use of Information to generate any statistical or other information that is or will be provided to third parties (including as the basis for providing recommendations to others),

use or permit the use of information to prepare any comparison to other information databases that is or will be provided to third parties or

voluntarily produce information in legal proceedings.

The Brandit will not attempt to access, use, modify, copy, reverse engineer, or otherwise derive the source code of Software, except to the extent allowed by the applicable legislation.

The Brandit will not use any Service to engage in any unfair or deceptive practices and will use the Services only in compliance with applicable regional, local or foreign laws or regulations, and/or those laws and regulations regarding telemarketing, customer solicitation (including fax and/or email solicitation), data protection and privacy. In general, the Brandit will not use data in a manner which is contrary to the Belgian data protection law of 8 December 1992.

The Brandit will not use the communication platform provided by ZackBrandit to spam or any other kind of action that might bother other users of the platform (e.g. Brandits, Netizens or Brands) on punishment of a liquidated damages amount of € 5,000.00 per set offence.

6. Copying

The Brandit is expressly forbidden to copy, download, upload or in any other way, retrieve ZackBrandit information or software. except for the ones accepted by ZackBrandit (e.g. written permission from ZackBrandit) Each violation of the agreement in this manner is subject to punishment of a minimum fine in the amount of € 5,000.00, but not limited to; per offence.

7. The Zilhouette

The Zilhouette system is proprietary to and controlled by ZackBrandit. ZackBrandit grants the Brandit a non-exclusive, perpetual, limited license to use the Zilhouettes tool solely for identification purposes.

ZackBrandit is not responsible for the rating done by Netizens (Consumers and Prosumers) through the Zilhouette system. The rating a Netizen or Brandit give to Brandits or Brands are done under their responsibility.

8. Privacy

Please review our Privacy Notice, which also governs your visit to ZackBrandit.com, to understand our practices.

9. Support & Communication

Telephone and email based software support is available during the Term of this Agreement for the currently licensed Software versions, and only if the Brandit has installed all Updates or Upgrades received.

The Brandit consents to receive communications electronically. ZackBrandit will communicate with the Brandit by e-mail or by posting notices on this site. The Brandit agrees that all communications that ZackBrandit provides to the Brandit concerning agreements, notices, disclosures and other communications satisfy any legal requirement for such written communications.

10. Referral commission & payment.

Referral commission

ZackBrandit will pay a referral commission in accordance with the Orders received from Netizens through our platform that have been fulfilled. Commissions will not be granted on Orders that have been returned or in which transaction was only partially completed (e.g. customer changed his mind about the product and cancelled his purchase).

The Brandit is solely responsible to declare and pay any applicable taxes for the revenue earned through the ZackBrandit platform and pay taxes for the goods and services ordered through our platform. (e.g. outside the EU: Import taxes, VAT of your country).

ZackBrandit reserves the right to revise its commission rates at any time. Changes to transactional commission shall be applied on an immediate basis, upon 30 days written notice. (e.g. E-mail sent to the Brandit e-mail address)

Referral commissions are paid on a monthly basis with a minimum of 50€. We will accrue and withhold commissions until the total amount due is at least 50€. We may also offer you the option to defer a commission payment for any month until the next month. We will send your payment for the commissions earned during that month, less any taxes that we are required by law to withhold. We will pay your referral commissions by directly depositing the commission earned into your bank account (please note that you will have to provide us with the name of your bank, branch address, the bank account type, the sort code, the account number and the primary account holder name as it appears on the bank account. If any bank details we hold are at any time incorrect, we will defer payment of referral commissions until the calendar month in which the bank details are corrected). Any transaction fees are the sole responsibility of the Brandit.

The Brandit will provide the correct final destination of the products and services ordered in order to be able to apply the correct amounts of VAT, other applicable taxes, ….

The list price displayed for a product or service represent the full retail price with VAT (the VAT is calculated based on the default shipping address and might change at check out cart before any payment once the final delivery address has been selected) of the product or service, but never includes eventual shipping cost, … This cost will be listed in the check out cart before any payment, so you can decide whether you buy or not the product or service.

If an item's correct price is higher than our stated price, ZackBrandit will, at its discretion, either contact the Brandit for instructions before shipping or cancel the Brandit’s order and notify the Brandit of such cancellation.

11. Acceptance of Products on Delivery, rights of return and cancellation

All Brandits:

The Brandit should notify ZackBrandit promptly: following delivery of any missing, incorrectly delivered, incorrect specification, or otherwise not as ordered Products or Products which are either in damaged packaging or are visibly damaged; following discovery of any non-visible damage or defect in Product supplied.

Where Product can be returned to ZackBrandit by the Brandit under the terms of General Terms, it should be made available for collection at a time which is mutually convenient insofar as possible or send back by the customer in it’s original package. The Brandit should act reasonably in complying with a request by ZackBrandit to collect Product at a particular time.

Non Commercial Brandits:

The Brandits may cancel their Orders for any reason until, but no later than: • the end of the 7th "working day" (days other than weekend days & public holidays) after the day of receipt of the Product &/or of the Service Order Confirmation (as applicable); or • the end of the 7th working day after the date when all such information required by law is supplied.

The Brandits’ right to cancel orders such as Software, Music and Movies that are supplied on CD, DVD or other similar storage devices are also lost if the device is unwrapped.

On cancellation of Products the Brandit is obliged to return the goods to ZackBrandit in their original condition, undamaged & at the cost of the Brandit. The Brandit shall take reasonable care to ensure that the goods are not damaged whilst in transit using means arranged by the Brandit. Whilst in possession of the goods the Brandit shall be under a duty to take reasonable care of them. ZackBrandit shall take action against the Brandit for goods returned which have been made unfit for resale or damaged whilst in the possession of the Brandit.

The provisions of Clauses i, ii, & iii do not apply to Product or Software that is damaged or defective.

On cancellation of the Order ZackBrandit will refund the price paid, less the direct cost of recovering the goods (when applicable), within a period of 30 days from date of cancellation and once the goods are returned.

Business Users: (legal entity or person who buys or agrees to buy Products &/or Services from ZackBrandit other than for private use)

Notwithstanding anything herein to the contrary, Business Users may only reject Product for material non-conformity with the Product Description by providing written notice to ZackBrandit within 7 days after delivery or otherwise shall be deemed to have accepted the Products.

12. Passing of Ownership & Risk

Ownership of Products passes to Customer on the later of receipt by ZackBrandit of full payment or delivery to Customer of Product. ZackBrandit may recover any Products supplied at any time prior to ownership passing if Customer is in breach of these Conditions.

Risk meaning:

duty to take reasonable care of Product received and

responsibility for damage caused to or by use, handling or storage of the Product, passes to Customer on delivery of Products to Customer or to their representative.

13. Disclaimers

All Services are provided by way of obligation of means, ZackBrandit does not provide any warranty of result other than as explicitly stated in this General Terms.

ZackBrandit disclaims all warranties, express or implied, including any warranties of accuracy, completeness, merchantability or fitness for a particular purpose. ZackBrandit does not warrant that the Services will be uninterrupted or error-free and disclaims any warranty or representation regarding availability of a service, service levels or performance.

ZackBrandit will not be liable for any loss or injury arising out of, in whole or in part, ZackBrandit’s conduct in procuring, compiling, collecting, interpreting, reporting or delivering Services, except in case of ZackBrandit’s own intentional fault.

14. Copyrights and Other Proprietary Rights

The Brandit acknowledges that Information and Software are proprietary works of ZackBrandit and comprise:

works of original authorship, including compiled information containing ZackBrandit’s selection, arrangement and coordination and expression of such Information or pre-existing material it has created, gathered or assembled;

trade secret and other confidential information, including information that derives value or potential value from not being readily known or available; and

information that has been created, developed and maintained by ZackBrandit at great expense, such that misappropriation or unauthorized use by others for commercial gain would unfairly and/or irreparably harm ZackBrandit or reduce ZackBrandit’s incentive to create, develop and maintain such information. Customer will not commit or permit any act or omission that would contest or impair ZackBrandit’s proprietary and intellectual property rights in Information and Software or that would cause the Information or Software to infringe the proprietary or intellectual property rights of a third party. The Brandit will reproduce ZackBrandit’s copyright and proprietary rights legend on all copies of Information and Software.

The Brandit will not use any trademark, service mark or trade name of ZackBrandit’s affiliated companies. On punishment of a liquidated damages amount of € 5,000.00 per set offense.

ZackBrandit represents and warrants to Brandit that, to ZackBrandit’s knowledge, the Software and Information, when used in accordance with this Agreement, do not violate any existing copyrights, patents, trademarks, or other intellectual property rights of any third party. The foregoing warranty does not apply to the extent Customer modifies the Software or information in any way or combines the Software or Information with material from third parties.

The Brandit may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of ZackBrandit or any other Brands without express written consent. You are granted a limited, revocable, and nonexclusive right to create a hyperlink to the home page of ZackBrandit.com so long as the link does not portray ZackBrandit, or its products or services in a false, misleading, derogatory, or otherwise offensive matter. You may not use any ZackBrandit logo or other proprietary graphic or trademark as part of the link without express written permission.

15. Termination

In the event of material breach (including, without limitation, an assignment in violation of paragraph 11.2 hereof) by the Brandit, ZackBrandit may immediately terminate the account of the Bandit without prior notice. In addition, ZackBrandit may change the General terms upon 30 days’ written notice on ZackBrandit’s website.

ZackBrandit can close or suspend an account (in case of spamming, abuse, … )without prior written notice to the Brandit.

16. Limitation of Liability

In any case, the liability of ZackBrandit shall be limited to those cases where the Brandit can evidence gross negligence on the part of ZackBrandit or can evidence intentional fault on the part of ZackBrandit or of its employees.

In no event ZackBrandit shall be held liable for any consequential damages or for any loss suffered by the Brandit or by any third party; such as, but not limited to, the costs of reconstruction of files, the recovery of data, the increase of general costs, disturbance of business, loss of earnings, failure to realize expected savings, even if ZackBrandit had been advised of or foresaw the possibility of any of these damages occurring.

ZackBrandit is not responsible for the opinion expressed by Netizens, Brands or other Brandits through our platform or on their personal pages (e.g. blog, personal social page, …)

ZackBrandit is not responsible in case of hacks or stolen passwords.

ZackBrandit can not be liable if any country or state should forbid the Services of ZackBrandit or the commerce of Customer.

ZackBrandit does not warrant that product descriptions or other content of this site is accurate, complete, reliable, current, or error-free. If a product offered by ZackBrandit itself is not as described, your sole remedy is to return it in unused condition.

All items purchased from ZackBrandit are made pursuant to a shipment contract. This means that the risk of loss and title for such items pass to you upon our delivery to the carrier.

Parties other than ZackBrandit can sell products or provide services through the ZackBrandit website. We are not responsible for examining or evaluating, and we do not warrant the offerings of, any of these businesses or individuals or the content of their Web sites. ZackBrandit does not assume any responsibility or liability for the actions, product, and content of all these and any other third parties. You should carefully review their privacy statements and other conditions of use.

Visitors may post reviews, comments, photos, and other content; send e-cards and other communications; and submit suggestions, ideas, comments, questions, or other information, so long as the content is not illegal, obscene, threatening, defamatory, invasive of privacy, infringing of intellectual property rights, or otherwise injurious to third parties or objectionable and does not consist of or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings, or any form of "spam." You may not use a false e-mail address, impersonate any person or entity, or otherwise mislead as to the origin of a card or other content. ZackBrandit reserves the right (but not the obligation) to remove or edit such content, but does not regularly review posted content.

If you do post content or submit material, and unless we indicate otherwise, you grant ZackBrandit a nonexclusive, royalty-free, perpetual, irrevocable, and fully sublicensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such content throughout the world in any media. You grant ZackBrandit and sublicensees the right to use the name that you submit in connection with such content, if they choose. You represent and warrant that you own or otherwise control all of the rights to the content that you post; that the content is accurate; that use of the content you supply does not violate this policy and will not cause injury to any person or entity; and that you will indemnify ZackBrandit for all claims resulting from content you supply. ZackBrandit has the right but not the obligation to monitor and edit or remove any activity or content. ZackBrandit takes no responsibility and assumes no liability for any content posted by you or any third party.

17. Choice of Law; Disputes

These General Terms are governed by and construed in accordance with the Belgium laws, without regard to choice of law provisions. Any disputes arising out of this Agreement that cannot be resolved by the parties will be brought before the Brussels courts.

The Brandit will pay all costs and expenses that ZackBrandit incurs in any action to enforce the Brandit's obligations under this Agreement.

18. Service Levels

ZackBrandit does not guarantee the Service will be operable at all times or during any down time due to the following:

outages to any public Internet backbones, networks or servers,

failures of Your equipment or equipment used by the Brand, Brandit, or Netizen due to systems or local access services,

previously scheduled maintenance or

unforeseen events beyond the control of ZackBrandit or its wholly owned subsidiaries such as strikes, riots, insurrection, fires, floods, explosions, war, governmental action, labor conditions, earthquakes, natural disasters, or interruptions in Internet services to an area where ZackBrandit (or its wholly owned subsidiaries) or Your servers are located or co-located. Complete accuracy in all aspects of Your Statistics at all times also cannot be guaranteed.

19. Miscellaneous

This general terms and conditions, agreement, all orders, addenda, statements of work and schedules, and ZackBrandit’s published policies and procedures referred to herein and in effect from time to time, constitute the entire general terms and conditions between ZackBrandit and Brandit regarding the Services. In no event shall any terms or conditions included on any form of Brandit purchase order apply to the relationship between ZackBrandit and Brandit, unless such terms are expressly agreed to by the parties in writing. Where there is a conflict between the terms of any Order or Addendum and this general terms and conditions, the terms of the Order or Addendum, as applicable shall control with respect to the Services set forth in such Order or Addendum and solely to the extent of the conflict. Any amendments of or waivers relating to this Agreement or any Order must be in writing, signed by both parties.

20. For all inquiries, questions, … you can contact ZackBrandit:

ZackBrandit SPRL
Av de Rusatira 3,
1083 Brussels Belgium
hidden email
Customer support: Tel: +32(0)2 467 30 19 or Fax: +32 (0)2 466 23 28

Allée Paul Ooghe 22, box E02
1070 Brussels, Belgium
http://www.zackbrandit.com

Netizen
GENERAL TERMS AND CONDITIONS

Welcome to ZackBrandit.com. By clicking on the accept button, the Netizen (user without a registered blog on ZackBrandit) accepts the General Terms and Conditions stated hereunder that will bind the Netizen with ZackBrandit SPRL:

We do recommend you to read them carefully.

1. Preamble

Brands: companies, Non-Profit, artists, … that have a product or service to sell.

Brandit: people that are socially active on the web and promote brands from the ZackBrandit platform and that have a blog, social network page, … where they promote the Brands to which they are linked to.

Netizen: a citizen of the internet and also a customer and member of the ZackBrandit Platform

Zilhouette System: a system created by ZackBrandit to profile the perception of a Brandit, Brand, product or service.

Zed: is a virtual currency created by ZackBrandit. Netizens and Brandits can use them to buy on the ZackBrandit platform or redeem it in other currencies.

2. Object

The Consumer (hereafter “Netizen”) agrees that ZackBrandit shall make available to the Netizen information (about brands, blogs, products and services, …), computer programs or applications (including these accessed remotely) and access to the ZackBrandit Platform (“Services”).
The services are subject to this general terms and conditions (“Agreement”).

3. Licenses

ZackBrandit grants to the Netizen a non-exclusive, non-transferable license (“License”) to use and display the Information and Software (in object code format only) constituting each ZackBrandit product or service specified in our Brand Marketplace, subject to the limitations contained in this Agreement. ZackBrandit retains all ownership right (including copyrights and other intellectual property rights) in the Services, in any form, and the Netizen obtains only such rights as are explicitly granted in this Agreement. ZackBrandit grants the Netizen a limited license to access, make personal use of this site, not to download (other than page caching) or modify it, or any portion of it (except with written consent of ZackBrandit).

This license does not allow the Netizen to resale or use commercially any of this site or its contents; any collection and use of any product listings, descriptions, or prices; any derivative use of this site or its contents; any downloading or copying of account information for the benefit of another merchant; or any use of data mining, robots, or similar data gathering and extraction tools.

Each License is for an indefinite term, beginning on the date that the user accepts this agreement when registering as a Netizen unless another term is specified, or unless a party terminates the Agreement.

ZackBrandit can terminate the agreement with one (1) month prior written notice to the Netizen. In case of fraud or abuse, ZackBrandit can block or delete the account without prior notice and reserves the right to take legal actions.

The Netizen can terminate the agreement by closing his account. The agreement will continue till all products or services ordered are delivered.

Software “Updates” (i.e. minor enhancements, additions, and substitutions to Software, including corrections and bug fixes) or “Upgrades” (i.e. modifications, additions or substitutions that result in a substantial change, improvement or addition to Software) are provided free of charge. The Netizen is asked to install the updates or upgrades in order to guarantee the proper functioning of the services provided. All Updates and Upgrades obtained by the Netizen are subject to this Agreement.

4. Member account, password and security

To register for the Service, the Netizen must complete the registration process by providing ZackBrandit with current, complete and accurate information as prompted by the registration form, including the Netizen e-mail address, screen name and password.

The Netizen shall protect his passwords and take full responsibility for his own use of his account.

The Netizen may not have more than 1 user account, (except if he is a Brandit, see General terms of Brandits or if he uses one account for commercial use (e.g. company, ...) and the other for non-commercial use). The Netizen shall keep his account updated every time this is needed (e.g. address change, …).

The Netizen is solely responsible for any and all activities that occur under his Account. The Netizen agrees to notify ZackBrandit immediately upon learning of any unauthorized use of Customer Account or any other breach of security.

ZackBrandit's support staff may log in to the Service under the Netizen password in order to maintain or improve service, to provide the Netizen assistance with technical issues. The Netizen hereby acknowledges and consent to such access.

The Netizen must be at least 18 years old in order to create an account and to use ZackBrandit services. By accepting the present general terms and conditions, the Netizen confirms he is at least 18 years old and is entitled to contract.

ZackBrandit reserves the right to refuse service, terminate accounts, remove or edit content, or cancel orders in their sole discretion.

5. Restrictions on Use

Information and Software are licensed to the Netizen’s use only and only at the points of service specified in this general terms and conditions.

The Netizen will not provide Information, Software or other Services to others. This includes, but is not limited to:

directly in any media or indirectly through incorporation in a database,

marketing lists, reports or otherwise,

use or permit the use of Information to generate any statistical or other information that is or will be provided to third parties (including as the basis for providing recommendations to others),

use or permit the use of information to prepare any comparison to other information databases that is or will be provided to third parties or

voluntarily produce information in legal proceedings.

The Netizen will not attempt to access, use, modify, copy, reverse engineer, or otherwise derive the source code of Software, except to the extent allowed by the applicable legislation.

The Netizen will not use any Service to engage in any unfair or deceptive practices and will use the Services only in compliance with applicable regional, local or foreign laws or regulations, and/or those laws and regulations regarding telemarketing, customer solicitation (including fax and/or email solicitation), data protection and privacy. In general, the Netizen will not use data in a manner which is contrary to the Belgian data protection law of 8 December 1992.

The Netizen will not use the communication platform provided by ZackBrandit to spam or any other kind of action that might bother other users of the platform (e.g. Brandits, Netizens or Brands) on punishment of a liquidated damages amount of € 5,000.00 per set offence.

6. Copying

The Netizen will not copy, download, upload or in any other way reproduce Information or Software from ZackBrandit except for the ones accepted by ZackBrandit (e.g. written permission from ZackBrandit). Each violation of the agreement in this manner is subject to punishment of a minimum fine in the amount of € 5,000.00, but not limited to; per offence.

7. The Zilhouette

The Zilhouette system is proprietary to and controlled by ZackBrandit. ZackBrandit grants the Netizen a non-exclusive, perpetual, limited license to use the Zilhouettes tool solely for identification purposes.

ZackBrandit is not responsible for the rating done by Netizens (Consumers and Prosumers) through the Zilhouette system. The rating a Netizen or Brandit give to Brandits or Brands are done under their responsibility.

8. Privacy

Please review our Privacy Notice, which also governs your visit to ZackBrandit.com, to understand our practices.

9. Support & Communication

Telephone and email based software support is available during the Term of this Agreement for the currently licensed Software versions, and only if the Netizen has installed all Updates or Upgrades received.

The Netizen consents to receive communications electronically. ZackBrandit will communicate with the Netizen by e-mail or by posting notices on this site. The Netizen agrees that all communications that ZackBrandit provides to the Netizen concerning agreements, notices, disclosures and other communications satisfy any legal requirement for such written communications.

10. Payment

The Netizen is sole responsible to declare and pay taxes for the goods and services ordered through our platform. (e.g. outside the EU: Import taxes, VAT of your country)

The Netizen can use his Zed account to buy products and services through our platform.

The Netizen will provide the correct final destination of the products and services ordered in order to be able to apply the correct amounts of VAT, other applicable taxes, ….

The list price displayed for a product or service represent the full retail price with VAT ( the VAT is calculated based on the default shipping address and might change at check out cart before any payment once the final delivery address has been selected) of the product or service, but never includes eventual shipping cost, … This cost will be listed in the check out cart before any payment, so you can decide whether you buy or not the product or service.

If an item's correct price is higher than our stated price, ZackBrandit will, at his discretion, either contact the Netizen for instructions before shipping or cancel the Netizen’s order and notify the Netizen of such cancellation.

11. Acceptance of Products on Delivery, rights of return and cancellation

All Netizens:

The Netizen should notify ZackBrandit promptly: following delivery of any missing, incorrectly delivered, incorrect specification, or otherwise not as ordered Products or Products which are either in damaged packaging or are visibly damaged; following discovery of any non-visible damage or defect in Product supplied.

Where Product can be returned to ZackBrandit by the Netizen under the terms of General Terms, it should be made available for collection at a time which is mutually convenient insofar as possible or send back by the customer in it’s original package. The Netizen should act reasonably in complying with a request by ZackBrandit to collect Product at a particular time.

Non Commercial Netizens:

The Netizens may cancel their Orders for any reason until, but no later than: • the end of the 7th "working day" (days other than weekend days & public holidays) after the day of receipt of the Product &/or of the Service Order Confirmation (as applicable); or • the end of the 7th working day after the date when all such information required by law is supplied.

The Netizens’ right to cancel software, music or movies that are supplied on CD, DVD or other similar storage devices is also lost if the Software is unwrapped.

On cancellation of Products the Netizen is obliged to return the goods to ZackBrandit in their original condition, undamaged & at the cost of the Netizen. The Netizen shall take reasonable care to ensure that the goods are not damaged whilst in transit using means arranged by the Netizen. Whilst in possession of the goods the Netizen shall be under a duty to take reasonable care of them. ZackBrandit shall take action against the Netizen for goods returned which have been made unfit for resale or damaged whilst in the possession of the Netizen.

The provisions of Clauses i, ii, & iii do not apply to Product or Software that is damaged or defective.

On cancellation of the Order ZackBrandit will refund the price paid, less the direct cost of recovering the goods (when applicable), within a period of 30 days from date of cancellation and once the goods are returned.

Business Users: (legal entity or person who buys or agrees to buy Products &/or Services from ZackBrandit other than for private use)

Notwithstanding anything herein to the contrary, Business Users may only reject Product for material non-conformity with the Product Description by providing written notice to ZackBrandit within 7 days after delivery or otherwise shall be deemed to have accepted the Products.

12. Passing of Ownership & Risk

Ownership of Products passes to Customer on the later of receipt by ZackBrandit of full payment or delivery to Customer of Product. ZackBrandit may recover any Products supplied at any time prior to ownership passing if Customer is in breach of these Conditions.

Risk meaning:

duty to take reasonable care of Product received and

responsibility for damage caused to or by use, handling or storage of the Product, passes to Customer on delivery of Products to Customer or to their representative.

13. Disclaimers

All Services are provided by way of obligation of means, ZackBrandit does not provide any warranty of result other than as explicitly stated in this General Terms.

ZackBrandit disclaims all warranties, express or implied, including any warranties of accuracy, completeness, merchantability or fitness for a particular purpose. ZackBrandit does not warrant that the Services will be uninterrupted or error-free and disclaims any warranty or representation regarding availability of a service, service levels or performance.

ZackBrandit will not be liable for any loss or injury arising out of, in whole or in part, ZackBrandit’s conduct in procuring, compiling, collecting, interpreting, reporting or delivering Services, except in case of ZackBrandit’s own intentional fault.

14. Copyrights and Other Proprietary Rights

The Netizen acknowledges that Information and Software are proprietary works of ZackBrandit and comprise:

works of original authorship, including compiled information containing ZackBrandit’s selection, arrangement and coordination and expression of such Information or pre-existing material it has created, gathered or assembled;

trade secret and other confidential information, including information that derives value or potential value from not being readily known or available; and

information that has been created, developed and maintained by ZackBrandit at great expense, such that misappropriation or unauthorized use by others for commercial gain would unfairly and/or irreparably harm ZackBrandit or reduce ZackBrandit’s incentive to create, develop and maintain such information. Customer will not commit or permit any act or omission that would contest or impair ZackBrandit’s proprietary and intellectual property rights in Information and Software or that would cause the Information or Software to infringe the proprietary or intellectual property rights of a third party. TheNetizen will reproduce ZackBrandit’s copyright and proprietary rights legend on all copies of Information and Software.

The Netizen will not use any trademark, service mark or trade name of ZackBrandit’s affiliated companies. On punishment of a liquidated damages amount of € 5,000.00 per set offense.

ZackBrandit represents and warrants to Netizen that, to ZackBrandit’s knowledge, the Software and Information, when used in accordance with this Agreement, do not violate any existing copyrights, patents, trademarks, or other intellectual property rights of any third party. The foregoing warranty does not apply to the extent Customer modifies the Software or information in any way or combines the Software or Information with material from third parties.

The Netizen may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of ZackBrandit or any other Brands without express written consent. You are granted a limited, revocable, and nonexclusive right to create a hyperlink to the home page of ZackBrandit.com so long as the link does not portray ZackBrandit, or its products or services in a false, misleading, derogatory, or otherwise offensive matter. You may not use any ZackBrandit logo or other proprietary graphic or trademark as part of the link without express written permission.

15. Termination

In the event of material breach (including, without limitation, an assignment in violation of paragraph 11.2 hereof) by the Netizen, ZackBrandit may immediately terminate the account of the Netizen without prior notice. In addition, ZackBrandit may change the General terms upon 30 days’ written notice on ZackBrandit’s website.

ZackBrandit can close or suspend an account (in case of spamming, abuse, … )without prior written notice to the Netizen.

16. Limitation of Liability

In any case, the liability of ZackBrandit shall be limited to those cases where the Brandit can evidence gross negligence on the part of ZackBrandit or can evidence intentional fault on the part of ZackBrandit or of its employees.

In no event ZackBrandit shall be held liable for any consequential damages or for any loss suffered by the Brandit or by any third party; such as, but not limited to, the costs of reconstruction of files, the recovery of data, the increase of general costs, disturbance of business, loss of earnings, failure to realize expected savings, even if ZackBrandit had been advised of or foresaw the possibility of any of these damages occurring.>

ZackBrandit is not responsible for the opinion expressed by Netizens, Brands or other Brandits through our platform or on their personal pages (e.g. blog, personal social page, …)

ZackBrandit is not responsible in case of hacks or stolen passwords.

ZackBrandit can not be liable if any country or state should forbid the Services of ZackBrandit or the commerce of Customer.

ZackBrandit does not warrant that product descriptions or other content of this site is accurate, complete, reliable, current, or error-free. If a product offered by ZackBrandit itself is not as described, your sole remedy is to return it in unused condition.

All items purchased from ZackBrandit are made pursuant to a shipment contract. This means that the risk of loss and title for such items pass to you upon our delivery to the carrier.

Parties other than ZackBrandit can sell products or provide services through the ZackBrandit website. We are not responsible for examining or evaluating, and we do not warrant the offerings of, any of these businesses or individuals or the content of their Web sites. ZackBrandit does not assume any responsibility or liability for the actions, product, and content of all these and any other third parties. You should carefully review their privacy statements and other conditions of use.

Visitors may post reviews, comments, photos, and other content; send e-cards and other communications; and submit suggestions, ideas, comments, questions, or other information, so long as the content is not illegal, obscene, threatening, defamatory, invasive of privacy, infringing of intellectual property rights, or otherwise injurious to third parties or objectionable and does not consist of or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings, or any form of "spam." You may not use a false e-mail address, impersonate any person or entity, or otherwise mislead as to the origin of a card or other content. ZackBrandit reserves the right (but not the obligation) to remove or edit such content, but does not regularly review posted content.

If you do post content or submit material, and unless we indicate otherwise, you grant ZackBrandit a nonexclusive, royalty-free, perpetual, irrevocable, and fully sublicensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such content throughout the world in any media. You grant ZackBrandit and sublicensees the right to use the name that you submit in connection with such content, if they choose. You represent and warrant that you own or otherwise control all of the rights to the content that you post; that the content is accurate; that use of the content you supply does not violate this policy and will not cause injury to any person or entity; and that you will indemnify ZackBrandit for all claims resulting from content you supply. ZackBrandit has the right but not the obligation to monitor and edit or remove any activity or content. ZackBrandit takes no responsibility and assumes no liability for any content posted by you or any third party.

17. Choice of Law; Disputes

These General Terms are governed by and construed in accordance with the Belgium laws, without regard to choice of law provisions. Any disputes arising out of this Agreement that cannot be resolved by the parties will be brought before the Brussels courts.

The Netizen will pay all costs and expenses that ZackBrandit incurs in any action to enforce the Netizen’s obligations under this Agreement.

18. Service Levels

ZackBrandit does not guarantee the Service will be operable at all times or during any down time due to the following:

outages to any public Internet backbones, networks or servers,

failures of Your equipment or equipment used by the Brand, Brandit, or Netizen due to systems or local access services,

previously scheduled maintenance or

unforeseen events beyond the control of ZackBrandit or its wholly owned subsidiaries such as strikes, riots, insurrection, fires, floods, explosions, war, governmental action, labor conditions, earthquakes, natural disasters, or interruptions in Internet services to an area where ZackBrandit (or its wholly owned subsidiaries) or Your servers are located or co-located. Complete accuracy in all aspects of Your Statistics at all times also cannot be guaranteed.

19. Miscellaneous

This general terms and conditions, agreement, all orders, addenda, statements of work and schedules, and ZackBrandit’s published policies and procedures referred to herein and in effect from time to time, constitute the entire general terms and conditions between ZackBrandit and Brandit regarding the Services. In no event shall any terms or conditions included on any form of Brandit purchase order apply to the relationship between ZackBrandit and Brandit, unless such terms are expressly agreed to by the parties in writing. Where there is a conflict between the terms of any Order or Addendum and this general terms and conditions, the terms of the Order or Addendum, as applicable shall control with respect to the Services set forth in such Order or Addendum and solely to the extent of the conflict. Any amendments of or waivers relating to this Agreement or any Order must be in writing, signed by both parties.

20. For all inquiries, questions, … you can contact ZackBrandit:

ZackBrandit SPRL
Av de Rusatira 3,
1083 Brussels Belgium
support@zackbrandit.com
Customer support: Tel: +32(0)2 467 30 19 or Fax: +32 (0)2 466 23 28

Allée Paul Ooghe 22, box E02
1070 Brussels, Belgium
http://www.zackbrandit.com

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