ACCEPTANCE OF TERMS
zero-energy-building.com (the “Site”) provides articles, photos and video hosting/blogging service to you (the
“Service(s)”), subject to the following Terms of Service (“TOS”), which may be updated from time to
time without notice to you. Your use of the Service constitutes acceptance of these TOS and creates
a binding legal agreement, so read them carefully. Please note, you must be 13 years or older to
use this Service. Any reference to us, our, we or similar words shall refer to this Site and its
affiliates thereto.
REGISTRATION
You agree that all information provided to us upon registration and at all other times will be
true, accurate, current and complete. You also agree that you ensure this information will be kept
up to date at all times. This especially applies to your email address since we will direct all
communication to you about your account to your email address. We will use the information you
provide to us in accordance with our Privacy Policy (as determined below).
PRIVACY POLICY AND CONSUMER EDUCATION
In order to use the Services, you agree to be bound by the Privacy Policy of the Site. Please
review the Privacy Policy (which may be accessed at the Site) on a regular basis as it may be
updated from time to time.
COPYRIGHTS
Unless otherwise indicated, all Site non content materials, including, without limitation, the Site
logo, and all designs, text, graphics, other non content files, and the selection and arrangement
thereof are the proprietary and copyrighted property of the Site. You may electronically copy and
print to hard copy portions of this Site for the sole purpose of using materials it contains for
informational and non-commercial, personal use only. Any other use of the materials in this Site
that originated from us – including any commercial use, reproduction for purposes other than
described above, modification, distribution, republication, display or performance – without the
prior written permission of us is strictly prohibited.
TRADEMARKS
The Site name and logo are our trademarks, and may not be copied, imitated or used, in whole or in
part, without our prior written permission. In addition, all page headers, custom graphics, button
icons and scripts are service marks, trademarks and/or trade dress of the Site, and may not be
copied, imitated or used, in whole or in part, without our prior written permission.
USE OF CONTENT SUBMITTED BY YOU/USER/AUTHOR
BY UPLOADING, POSTING, SENDING OR SUBMITTING PHOTOGRAPHS, PICTURES, IMAGES OR ANY OTHER CONTENT
INCLUDING, WITHOUT LIMITATION, GRAPHICS, VIDEO, DATA, TEXT, FILES, LINKS, SOFTWARE, MUSIC, SOUND
(“CONTENT”), YOU ARE CONSENTING TO BE BOUND BY THESE TERMS OF USE. IF YOU DO NOT AGREE, DO NOT
UPLOAD, POST, SEND OR SUBMIT ANY CONTENT TO THIS SITE.
You agree that any Content you upload, post, email, transmit or otherwise make available via the
Service is non-confidential and that we shall have a perpetual, worldwide, non-exclusive license to
use any such Content in connection with the Service and our business (and any successor), including
without limitation for promoting and redistributing part or all of the Service (and derivative
works thereof) in any media formats and through any media channels. You also hereby grant each User
a non-exclusive license to access your Content through the Site, and to use, reproduce, distribute,
prepare derivative works of, display and perform such Content as permitted through the
functionality of the Site and under these Terms of Service. The submission of any materials to us
irrevocably waives any and all “moral rights” in such materials, including the rights of paternity
and integrity. The foregoing license granted by you terminates once you remove or delete Content
from the Site.
USER / AUTHOR CONDUCT
You understand that all Content posted by Users/Authors, whether publicly posted or privately
transmitted, are the sole responsibility of the User from which such Content originated. This means
that you – the Author, and not us – the Site, are entirely responsible for all Content that
you/user/author upload, post, email, transmit or otherwise make available via the Service. We do
not control the Content posted via the Service and, as such, do not guarantee the accuracy,
integrity or quality of such Content.
You understand that by using the Service, you may be exposed to Content that is offensive, indecent
or objectionable. Under no circumstances will we be liable in any way for any Content, including,
but not limited to, 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 any Content posted, emailed, transmitted or otherwise made
available via the Service.
You agree to not use the Service to:
1. upload, post, email, transmit or otherwise make available any Content that is unlawful, harmful,
threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, libelous, invasive of
another’s privacy, hateful, or racially, ethnically or otherwise objectionable;
2. harm minors in any way;
3. impersonate any person or entity, including, but not limited to, a Site official, forum leader,
guide or host, or falsely state or otherwise misrepresent your affiliation with a person or entity;
4. forge headers or otherwise manipulate identifiers in order to disguise the origin of any Content
transmitted through the Service;
5. upload, post, email, transmit or otherwise make available any Content that you do not have a
right to make available under any law or under contractual or fiduciary relationships (such as
inside information, proprietary and confidential information learned or disclosed as part of
employment relationships or under nondisclosure agreements);
6. upload, post, email, transmit or otherwise make available any Content that infringes any patent,
trademark, trade secret, copyright or other proprietary rights of any party, or which would violate
any right of publicity, right of privacy or other right of any party without first obtaining
permission of the owner of such right. This includes group or individual portraits of people taken
by professional photographers. Photos of people may only be used with the permission of the
individual whose image is portrayed (or for minors, the permission of their parent or guardian).
This includes celebrities and professional athletes, as well as ordinary citizens;
7. upload, post, email, transmit or otherwise make available any unsolicited or unauthorized
advertising, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or any
other form of solicitation;
8. upload, post, email, link, transmit or otherwise make available any material that contains
software viruses or any other computer code, files or programs designed to interrupt, destroy or
limit the functionality of any computer software or hardware or telecommunications equipment;
9. interfere with or disrupt the Service or servers or networks connected to the Service, or
disobey any requirements, procedures, policies or regulations of networks connected to the Service;
10. intentionally or unintentionally violate any applicable local, state, national or international
law, including, but not limited to, regulations promulgated by the U.S. Securities and Exchange
Commission, any rules of any national or other securities exchange, including, without limitation,
the New York Stock Exchange, the American Stock Exchange or the NASDAQ, and any regulations having
the force of law;
11. “stalk” or otherwise harass another;
12. collect or store personal data about other Users;
13. link to or refer to Content not allowed under these TOS;
14. otherwise use the service in a manner deemed inappropriate by us.</p>
POSSIBLE CONTENT REMOVAL
We retain the right, but not the obligation, to monitor and edit or remove any activity or Content
that it deems in its sole discretion to be harmful to Users, us or the rights of any third party,
or to violate any applicable law. This includes the right, but not the obligation, to remove any
text or images uploaded by you that we deem in our sole judgment to be inappropriate or that we
believe may subject us to any liability, including without limitation the following:
• photographs, pictures, images, text or other materials submitted by Users that are protected by
trademark, copyright, right of publicity or other proprietary right, without the express permission
of the owner of those rights;
• partially or fully nude images of anyone, at any age, of any gender, including sexually
suggestive images or words;
• profanity or offensive comments including but not limited to expressions of racism, bigotry or
hatred, or that are abusive, slanderous or offensive;
• any illegal material such as expressions of abuse, offensive language and imagery, obscenity or
pornography, including, but not limited to, child abuse, child pornography, depictions of minors
engaged in sexual conduct or explicitly sexual situations, or any other material that could give
rise to any civil or criminal liability under, or otherwise violate, any applicable law.
LINKING TO OUR SITE
You are granted a limited, non-exclusive right to create a hyperlink to this Site provided such
link does not portray us or any of its services in a false, misleading, derogatory or otherwise
defamatory manner. This limited right may be revoked at any time. You may not use, frame or utilize
framing techniques to enclose any of our trademarks, logos or other proprietary information,
including the images found at the Site, the content of any text or the layout/design of any page or
form contained on a page without our express written consent.
Further, you may not use any meta tags or any other “hidden text” utilizing our name, trademark or
product name without our express written consent. Except as noted above, you are not conveyed any
right or license by implication, estoppel or otherwise in or under any of our patent, trademark,
copyright or proprietary rights or any third party. We make no claim or representation regarding,
and accepts no responsibility for the quality, content, nature or reliability of web sites linking
to this Site.
THIRD PARTY LINKS
We may provide links to web pages and content of third parties (“Third Party Content”) as a service
to those interested in this information. We do not monitor, nor does it have any control over, any
Third Party Content. We do not endorse or adopt any Third Party Content and can make no guarantee
as to its accuracy or completeness. We make no representations or warranties of any kind regarding
such Third Party Content, or any information contained therein, and undertakes no responsibility to
update or review any Third Party Content.
When leaving the Site, you should be aware that the TOS no longer govern, and, therefore, you
should review the applicable terms and policies, including privacy and data gathering practices, of
that particular site. Users use these links and Third Party Content contained therein at their own
risk.
CLAIMS OF COPYRIGHT INFRINGEMENT; DESIGNATED AGENT
If you believe that any material on the Site infringes upon any copyright that you own or control,
or that any link on the Site directs users to another web site that contains material that
infringes upon any copyright that you own or control, you may file a notification of such
infringement with our Designated Agent. Please see NOTICE AND PROCEDURE FOR NOTIFYING DESIGNATED
AGENT OF CLAIMS OF COPYRIGHT INFRINGEMENT.
NOTICE AND PROCEDURE FOR NOTIFYING DESIGNATED AGENT OF CLAIMS OF COPYRIGHT INFRINGEMENT.
Pursuant to the Digital Millennium Copyright Act (“DMCA”), 17 U.S.C. 512(c)(3), the following
information must be provided to our Designated Agent,
Copyright Agent:
dmca@zero-energy-building.com
for notifications:
• A physical or electronic signature of a person authorized to act on behalf of the owner of an
exclusive right that is allegedly infringed.
• Identification of the copyrighted work claimed to have been infringed, or, if multiple
copyrighted works at a single online site are covered by a single notification, a representative
list of such works at that site.
• Identification of the material that is claimed to be infringing or to be the subject of
infringing activity and that is to be removed or access to which is to be disabled, and information
reasonably sufficient to permit the service provider to locate the material.
• Information reasonably sufficient to permit us to contact the complaining party, such as an
address, telephone number, and, if available, an electronic mail address at which the complaining
party may be contacted.
• A statement that the complaining party has a good faith belief that use of the material in the
manner complained of is not authorized by the copyright owner, its agent, or the law.
• A statement that the information in the notification is accurate, and under penalty of perjury,
that the complaining party is authorized to act on behalf of the owner of an exclusive right that
is allegedly infringed.
• Should you fail to comply with all of the aforementioned requirements in your notice, your notice
may not be valid.
• It is our policy to terminate the accounts and/or membership of Users who are repeat infringers
or who are repeatedly charged with infringement, in appropriate circumstances.
TERMINATION
In the event that you are a registered user of the Site, you may terminate such registration by
notifying the Site by sending e-mail to info@ Mozzani.com. After receipt of your termination
notice, we will terminate your account.
We may terminate your access to the Services or your registration at any time in the event of a
breach of these TOS by User or anyone accessing the Services using registered User’s username. We,
at our sole discretion, may also terminate these TOS at any time without cause, and may suspend
access to the Service with or without notice, to any User.
INDEMNIFICATION
User agrees to indemnify and hold us, our parents, friends, affiliates, officers and employees,
harmless from any claim or demand, including reasonable attorneys’ fees, made by any third party
due to or arising out of User’s use of the Site, the violation of these TOS by User, or the
infringement by User, or any other user of User’s account, of any intellectual property or other
right of any person or entity.
DISCLAIMER OF WARRANTIES
YOU EXPRESSLY UNDERSTAND AND AGREE THAT:
1. YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED ON AN “AS IS” AND “AS
AVAILABLE” BASIS. WE HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO ANY MATERIALS
POSTED IN THIS WEB SITE OR ANY OTHER MATERIALS WHICH ARE REFERENCED BY OR LINKED TO THIS WEB SITE,
AND/OR EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT
NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND
NON-INFRINGEMENT.
2. WE MAKE NO WARRANTY THAT
1. THE SERVICE WILL MEET YOUR REQUIREMENTS,
2. THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, MALWARE-FREE OR ERROR-FREE,
3. THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE,
4. THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY
YOU THROUGH THE SERVICE WILL MEET YOUR EXPECTATIONS, AND
5. ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED.
3. ANY MATERIAL DOWNLOADED, ACCESSED, VIEWED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE
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.
4. IN NO EVENT SHALL WE BE LIABLE FOR ANY SPECIAL, DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL
DAMAGES, OR FOR DAMAGES OF ANY KIND ARISING OUT OF OR IN CONNECTION WITH THE USE OR PERFORMANCE OF
INFORMATION CONTAINED IN ANY MATERIALS POSTED IN THIS WEB SITE OR IN ANY OTHER MATERIALS WHICH ARE
REFERENCED BY OR LINKED TO THIS WEB SITE, UNDER ANY THEORY OF LIABILITY USED.
5. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US OR THE SITE OR
THROUGH OR FROM THE SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TOS.
We reserve the right to change any and all content contained on the Site at any time without
notice. Reference to any products, services, processes or other information, by trade name,
trademark, manufacturer, supplier or otherwise does not constitute or imply endorsement,
sponsorship or recommendation thereof by us.
LIMITATION OF LIABILITY
YOU EXPRESSLY UNDERSTAND AND AGREE THAT WE SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT,
INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR
LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF WE HAVE BEEN ADVISED OF
THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM:
1. THE USE OR THE INABILITY TO USE THE SERVICE;
2. THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA,
INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO
THROUGH OR FROM THE SERVICE;
3. UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA;
4. STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE; OR
5. ANY OTHER MATTER RELATING TO THE SERVICE.
EXCLUSIONS AND LIMITATIONS
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION
OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS
MAY NOT APPLY TO YOU.
NOTICE
Notices to you may be made via either email or regular mail. The Service may also provide notices
of changes to the TOS or other matters by displaying notices or links to notices to you generally
on the Service.
GENERAL INFORMATION
The TOS constitute the entire agreement between you and us and governs your use of the Service,
superseding any prior agreements between you and us. You also may be subject to additional terms
and conditions that may apply when you use our affiliate services, third-party content or third-
party software. The TOS and the relationship between you and us shall be governed by the laws of
the State of New York without regard to its conflict of law provisions. You agree to submit to the
personal and exclusive jurisdiction of the courts located within the county of Rockland, New York.
The failure of us to exercise or enforce any right or provision of the TOS shall not constitute a
waiver of such right or provision. If any provision of the TOS is found by a court of competent
jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give
effect to the parties’ intentions as reflected in the provision, and the other provisions of the
TOS remain in full force and effect. You agree that regardless of any statute or law to the
contrary, any claim or cause of action arising out of or related to use of the Service or the TOS
must be filed within one (1) year after such claim or cause of action arose or be forever barred.
The section titles in the TOS are for convenience only and have no legal or contractual effect.
VIOLATIONS AND COMMENTS
Please report any violations of the TOS to info@zero-energy-building.com, titled: Abuse; or make any comments
to contact@zero-energy-building.com.