b. User Conduct. You agree that your use of the Site and/or services on the Site is subject to all applicable local, state and federal laws and regulations. You also agree: to comply with US law and local laws or rules regarding online conduct and acceptable material; not to use the Site or their services or submit content to the Site if you are under the age of 13; not to use the Site in connection with the purchase of alcohol through a Merchant (defined below) unless you and the alcohol recipient are 21 or older and comply with all Merchant terms and conditions regarding the purchase and delivery of alcohol; not to access the Site or services using a third-party’s account/registration without the express consent of the account holder; not to use the Site for illegal purposes; not to commit any acts of infringement on the Site or with respect to content on the Site; not to use the Site to engage in commercial activities apart from sanctioned use of Zappalog services; not to copy any content, including, but not limited to Merchant catalog content and third-party comments, for republication in print or on-line; not to post content to the Site for or with any commercial or other purpose or intent that does not in good faith comport with the purpose or spirit of the Site; not to attempt to gain unauthorized access to other computer systems from or through the Site; not to interfere with another person’s use and enjoyment of the Site or another entity’s use an enjoyment of the Site; not to upload or transmit viruses or other harmful, disruptive or destructive files; and/or not to disrupt, interfere with, or otherwise harm or violate the security of the Site, or any services, system resources, accounts, passwords, servers or networks connected to or accessible through the Site or linked Merchant sites.
c. Harm from Commercial Use. You agree that the consequences of commercial use or re-publication of content or information from the Site may be so serious and incalculable that monetary compensation may not be a sufficient or appropriate remedy and that Zappalog will be entitled to temporary and permanent injunctive relief to prohibit such use.
3. Site Content a. Nature of User Material. Some of the services offered by Zappalog on the Site allow you and others to post, transmit, display, publish, distribute, or otherwise submit user generated material including, but not limited to, product and Merchant reviews and ratings, to the Site (collectively, "Postings"). You agree not to create any Posting that:
d. Disclaimer of Responsibility for Material. Postings are not endorsed by Zappalog, and do not represent the views of Zappalog or its parents, subsidiaries and affiliates, agents, officers or directors. You acknowledge and agree that Zappalog does not control all Postings, and disclaims any responsibility for such Postings. Zappalog specifically disclaims any duty, obligation, or responsibility, to review, screen, refuse to post, remove, or edit any Postings. In addition, Zappalog does not represent or warrant that any other content or information accessible via the Site is accurate, complete, or current. Product price, description, product/service availability and Merchant information are subject to change without notice. Zappalog assumes no responsibility or liability for any errors or omissions in the content of the Site.
4. Termination and Modifications to the Site Zappalog reserves the right, in its sole and absolute discretion, to modify, suspend, or discontinue at any time, with or without notice, the Site and/or services offered on or through the Site (or any part thereof), including but not limited to the Site’ features, look and feel, and functional elements and related services.
6. Disclaimer of Warranties THE INFORMATION, CONTENT, PRODUCTS, SERVICES, AND MATERIALS AVAILABLE THROUGH THE SITE (WHETHER PROVIDED BY ZAPPALOG, YOU, OTHER USERS OR OTHER THIRD PARTIES), INCLUDING WITHOUT LIMITATION, PRODUCTS, POSTINGS, TEXT, PHOTOS, GRAPHICS, AUDIO FILES, VIDEO, AND LINKS, ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE MAXIMUM EXTENT PERMITTED BY LAW, ZAPPALOG DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NONINFRINGEMENT, FREEDOM FROM COMPUTER VIRUS, AND IMPLIED WARRANTIES ARISING FROM COURSE OF DEALING OR COURSE OF PERFORMANCE.
11. Links As a courtesy to you, the Site offers links to the websites of merchants featured on the Site (“Merchants”) for the purpose of facilitating purchase of the Merchants’ products. Some of these Merchants may be affiliated with Zappalog, while others are not. Zappalog is not responsible for the contents of any website pages created and maintained by organizations independent of Zappalog. Visiting any such third-party website pages is at your own risk. Zappalog has no control of these third-party website pages, nor can it guarantee the accuracy, completeness, or timeliness of information in third-party website pages. Your use of such information is voluntary, and your reliance on such information should be made only after independent review. References to commercial products or services within any such third-party website pages do not constitute or imply an endorsement by Zappalog. By using the Site you acknowledge that Zappalog is responsible neither for the availability of, nor the content located on or through any third-party website pages.
12. Trademarks ZappalogTM is a common law trademark of Zappalog. The trademark (as well as other trademarks that Zappalog may use or register) and other logos, and names of Zappalog, used on or in connection with the Site may not be used in connection with any product or service that is not under Zappalog’s ownership or control. Furthermore, such trademarks may not be used in any manner that is likely to cause confusion among customers or in any manner that disparages or discredits Zappalog. All other trademarks not owned by Zappalog (or its affiliates) that appear on the Site are the property of their respective owners.