Terms of Service Agreement

Updated: March 12, 2022

Welcome to the website, books, brands, portfolio, tools, resources, and other offerings (collectively, "Site") presented by Zalkia.com! We're so grateful and glad that you're here!

The Site is offered to you (the "user," "you," or "your") conditioned upon your acceptance of and continued compliance with our Terms of Service Agreement ("Terms").  Our Terms apply to the Site located at Zalkia.com and all other content, communications, products, and services (collectively, "Site and Service") provided by, at, or through our Site; unless otherwise stated.

Your Agreement to Us

By accessing, using, or otherwise engaging with our Site and Service, you agree that you have read, understood, and agree to be bound by our Terms and other Policies (in other words, our Terms, Privacy Policy, and Disclaimer, respectively, "Policies"). If you do not agree with our Terms and Policies, however, or simply can't comply with them, please do not use our Site and Service. As, in using our Site and Service, you certify that you are able to meet our basic requirements.

Age and Eligibility

First and foremost, you agree that you are at least 18 years old and have the legal capacity to be bound by and comply with our Terms. If you are under the age of 18, you agree that you are at least 16 years old, and have the explicit consent, involvement, and/or supervision of your parent or legal guardian. Secondly, you agree that you have not been previously banned or prohibited from using our Site and Service.

Accuracy of Information

You agree that any information (e.g. your contact information, comments, and feedback) that you provide through our Site and Service are true, accurate, current, and complete. Furthermore, you understand that the failure to do so constitutes a breach of our Terms and Policies, which may result in the immediate termination of your access to our Site and Service.

Authorized Use and Activity

You understand that you (and you alone) are responsible for your activity through our Site and Service. Hence, you agree to not use our Site and Service for any purpose or activity other than those for which we have explicitly authorized.

Examples of unauthorized, unacceptable, and strictly prohibited activities (regardless of whether successful or attempted) include, but are not limited to the following:

Basic Unauthorized Activities
  • Unlawful activity of any kind (nor the promotion thereof)
Company and Community-Based Unauthorized Activities
  • Discriminating against, devaluing, and/or demeaning individuals or groups based upon race, religion, sexual orientation, gender, national origin, ethnicity, disability, or other categories
  • Bullying, blackmailing, stalking, harassing, harming, threatening or intimidating us, our users, or others
  • Infringing upon and/or violating the rights of any person or entity including privacy, publicity, intellectual property, and other rights
  • Impersonating any person or entity including us, our users, and others
  • Supplying false and/or defamatory claims, reports, or information
  • Scamming, tricking, defrauding, deceiving or otherwise misleading us, our users, or others
  • Spamming or otherwise contributing to unauthorized, unsolicited, or unwanted advertising, chain letters, junk mail, and similar
Property-Based Unauthorized Activities
  • Interrupting, interfering with, impairing, or causing undue burden on our Site and Service as well as the persons, entities, networks and technologies connected to them
  • Bypassing, breaching, or compromising any measure or procedure designed to protect, prevent, or restrict access to our Site and Service, or any portion thereof
  • Testing the vulnerability of our Site and Service, exploiting those vulnerabilities, or creating your own without our explicit authorization
  • Uploading, transmitting, or otherwise contributing to malware of any kind including viruses, worms, trojan horses, bots, adware, spyware, ransomware, rootkits, and any other means intended to disrupt, damage, impair, or limit the features, functions, operation, or maintenance of our Site and Service as well as any software, hardware, communications, or technologies connected to them
  • Phishing, pharming, crawling, scraping, mining, or other automated means to access our Site and Service nor retrieve, extract, harvest, or monitor data and information from them
  • Copying, adapting, modifying, decompiling, disassembling, reverse engineering, reproducing, republishing, redistributing, or otherwise making available any portion of our Site and Service (nor any software or code contained in or connected to them) without our authorization
  • Removing, altering, obscuring, or concealing the copyright or other proprietary rights notice(s) from any of our content or that of others

Ownership and Responsibility

Our Site and Service may provide you with the opportunity to post, display, submit, transmit, or otherwise contribute (collectively, "contribute") content – including but not limited to text, audio, video, photographs, graphics, comments, feedback, suggestions, personal information or other material (collectively, "content").

You understand that we assert no ownership over your content and you retain any and all rights to it. You also understand that this content may be viewable by other users of our Site and Service as well as through third-party websites (for example via our comments section on our Site or the comments section of our social media pages). As such, you understand that any content that you contribute may be treated as non-confidential and non-proprietary.

Therefore, when you contribute content through our Site and Service, you certify that:

  • You are the creator/owner of the content – or have secured all of the necessary licenses, rights, releases, consents, and permissions to use it and to grant us a non-exclusive, perpetual, irrevocable, royalty free, worldwide right and license to use, modify, publicly display, reproduce, distribute, and back up such content on and through our Site and Service
  • You are solely responsible (and assume all risks) for the content that you contribute, including its legality, reliability, and appropriateness
  • Your content does not violate our Terms, other Policies, and authorized activities.

Our Agreement to You

Limited License and Access

Provided that you are able meet your agreement (as outlined above) and subject to your complete and continued compliance with our Terms and Policies, we agree to grant you a limited, non-exclusive, non-transferable, non-assignable and fully revocable license to access and use our Site and Service.

Limitation of Liability

With your aforementioned license, you understand and agree that your use of (or inability to use) our Site and Service is solely and completely at your own risk. You also understand and agree that we (nor our officers, directors, employees, contractors, suppliers, service providers, agents, affiliates, or partners, collectively, "we," "us," or "our") will be liable to you (or any third party) for direct, indirect, consequential, exemplary, incidental, special, or punitive damages – including lost in profit, revenue, or data, or any other damages arising from your use, inability to use, or misuse of our Site and Service, regardless of whether or not we have been informed of the possibility of such damage.

Notwithstanding any damages that you might incur, our entire liability will be limited to the amount that you actually paid through our Site and Service (if any) or ten (10) USD. The liability will also be limited to the past thirty (30) days and subject to the specific portion of our Site and Service based on your claim of damage.

Because some states and jurisdictions do not allow the exclusion of implied warranties or limitation of liability for incidental or consequential damages, some of the above limitations may not apply. Hence, in these states and jurisdictions, our liability will be limited to the greatest extent permitted by law.

Disclaimer of Warranties

The Zalkia.com Site and Service is provided "as is" and "as available," without warranty of any kind — express or implied, statutory or otherwise. As such, though we strive to deliver a seamless experience,  we cannot guarantee, represent, or warrant that our Site and Service (nor any websites connected to it) will:

  • Meet your requirements or achieve your intended results
  • Operate uninterrupted, timely, safe, secure or error-free
  • Be accurate, reliable, current, or complete
  • Be compatible with specific software, applications, systems or services
  • Meet performance or reliability standards.

Our Agreement to One Another

Dispute Resolution

Should you have any concern or dispute regarding us, our Site or Service, you agree to first try to resolve the dispute informally by contacting us. Disputes that we are unable to resolve informally, may be resolved individually (without class relief) through non-appearance based binding arbitration. If it is determined that appearance based arbitration is more appropriate, such arbitration will take place in or near Mahoning County, Ohio unless we both agree otherwise.

Should a dispute arise between you and another user(s) or third-party ("party"), you understand that we will not be involved, and that it's up to you and that party to resolve the dispute.  As such, you agree to indemnify us, release us, defend us, and hold us harmless from any and all claims, demands, damages, losses, liabilities, obligations, and expenses (including attorneys' fees) arising out of or concerning the dispute — including but not limited to your use of our Site and Service and/or the violation of our Terms and Policies.

You also agree to cooperate (at your expense) with our defense regarding such claims. Although, we will use reasonable efforts to notify you of any such claim, action, or proceeding which is subject to this indemnification upon becoming aware of it.

Severability and Waiver

If any provision of our Terms and Policies is determined to be invalid, unlawful, void or unenforceable, that provision alone will be deemed severed from our Terms and Policies. However, such determination will not affect the validity and enforceability of any other remaining provisions.

Furthermore, our failure to exercise (or enforce) any right or provision of our Terms and Policies does not constitute a waiver of such right or provision.

Terms and Policy Changes

We reserve the right (at our sole discretion) to revise our Terms and Policies at any time and for whatever reason. If a revision is material, we will make reasonable efforts to provide at least 30 days' notice prior to it taking effect. However, what constitutes a material change will be determined at our sole discretion.

We also reserve the right to revise, modify, change, or discontinue our Site and Service (or any part thereof) at any time and for whatever reason without notice or liability to you. By continuing to access or use our Site and Service after such revisions become effective, you agree to be bound by our revised Terms and Policies.