Terms of Use

September 27, 2007

1. Acceptance Terms of Use

It is important that you read all the terms and conditions carefully. The webpages available at ziitrend.com ("Site"), are owned and operated by ZiiTrend ("ZiiTrend"). Read these terms of use carefully before using the services. By accessing this site or using any part of the Site or any content or services (as each is defined below) on the site, you agree to become bound by these terms and conditions. If you are dissatisfied with the terms, conditions, rules, policies, guidelines or practices of the ZiiTrend operating the Site, your sole and exclusive remedy is to discontinue using it.

ZiiTrend has the right, in its sole discretion, to add to, remove, modify or otherwise change any part of these Terms of Use, in whole or in part, at any time. Changes will be effective when a notice of such change is posted at this Site. You shall visit this page periodically to review this Terms of Use. If any change is not acceptable to you, you must discontinue your use of this Site immediately. Your continued use of this Site after any such changes are posted will constitute acceptance of those changes.

2. Description of Service

Subject to full compliance with the Terms of Use, ZiiTrend may offer to provide certain services and content, as described more fully on the Site. Services ("Services") shall include, but not be limited to, any service and content ZiiTrend performs for you, as well as the offering of any materials displayed or performed on the Site (including, but not limited to text, tags, user comments, messages, information, data, graphics, news articles, photographs, images, illustrations, software, audio clips and video clips, also known as the "Content") on the Site.

Unless explicitly stated otherwise, the Services including any Content may be modified or terminated at any time by ZiiTrend for any reason, and without notice, without liability to you, any other user of the Services or any third party. Any new features that augment or enhance the current Services shall be subject to the Terms of Use.

3. Registration Obligations

Certain aspects of the Services may require you to register a user account ("User Account") and provide certain information about yourself. You agree to: (a) provide true, accurate, current and complete information about yourself as prompted by the Services' registration form (the "Registration Data") and (b) maintain and promptly update the Registration Data to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete, or ZiiTrend has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, ZiiTrend has the right to suspend or terminate your account and refuse any and all current or future use of the Services (or any portion thereof).

You shall not (a) select or use as a User Account a name of another person with the intent to impersonate that person; (b) use as a User Account a name subject to any rights of a person other than you without appropriate authorization; or (c) use as a User Account a name that is otherwise offensive, vulgar or obscene. ZiiTrend reserves the right to refuse registration of, or terminate a User Account in its discretion.

4. User Conduct

As a condition of use, you promise not to use the Services for any purpose that is unlawful or prohibited by these Terms of Use, or any other purpose not reasonably intended by ZiiTrend. By way of example, and not as a limitation, you agree not to use the Services:

1. for any illegal or unauthorized purpose. If you are an international user, you agree to comply with all local laws regarding online conduct and acceptable content;

2. to abuse, harass, threaten, impersonate or intimidate other ZiiTrend users;

3. to 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.

4. to post or transmit, or cause to be posted or transmitted, any communication or solicitation designed or intended to obtain password, account, or private information from any ZiiTrend user;

7. to contribute any Content that is not written in English;

5. to contribute any Content that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libellous, invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable;

6. to contribute 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);

7. to contribute any Content that infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party;

8. to contribute any Content that links to affiliate programs, multi-level marketing schemes, or any advertising programs.

9. to contribute any Content that downgrades the quality of the content on the Site, with the intention to harm the common interest of ZiiTrend users.

10. to interfere with or disrupt the Services or servers or networks connected to the Services, or disobey any requirements, procedures, policies or regulations of networks connected to the Services;

11. to use any automated means to access the Site for any purpose without ZiiTrend's written permission, with the exception of accessing RSS feeds. Additionally, you agree that you will not: (a) take any action that imposes, or may impose in our sole discretion an unreasonable or disproportionately large load on our infrastructure; (b) interfere or attempt to interfere with the proper working of the Site or any activities conducted on the Site; or (c) bypass any measures we may use to prevent or restrict access to the Site;

12. to artificially manipulate the aggregated prediction values, prediction scores, ranking scores, comments, or any other Services, by the way of, without limitation, creating multiple User Accounts for the purpose of artificially altering the Services and associated data; giving or receiving money or other remuneration in exchange for votes; or participating in any other organized effort that in any way artificially alters the results of the Services.

5. Termination

You agree that ZiiTrend may, without prior notice, immediately terminate your User Account, and access to the Services and/or all or portion of the Site. Cause for such termination shall include, but not be limited to, (a) breaches or violations of the Terms of Use or other incorporated agreements or guidelines, (b) requests by law enforcement or other government agencies, (c) a request by you (self-initiated account deletions), (d) discontinuance or material modification to the Services (or any part thereof), (e) unexpected technical or security issues or problems, (f) extended periods of inactivity, and/or (g) engagement by you in fraudulent or illegal activities.

6. User Submission and Intellectual Property

For all the Content that you upload, submit, disclose or distribute on the Site or otherwise through the Services, unless source quoted, you represent and warrant that you own all rights in the Content and you agree that the Content will be subject to the Creative Commons Attribution 2.5 Canada License (http://creativecommons.org/licenses/by/2.5/ca) or similar licenses of Creative Commons.

ZiiTrend will promptly process and investigate notices of alleged infringement and will take any actions, in its sole discretion, it deems appropriate. ZiiTrend may remove or disable access to any material claimed to be infringing or claimed to be the subject of infringing activity and may remove or disable access to any reference or link to material or activity that is claimed to be infringing. ZiiTrend, in its sole discretion, may terminate access for subscribers and User Account holders who were reported as copyright infringers.

7. Disclaimer of Warranties

You acknowledge that ZiiTrend has no control over, and no duty to take any action regarding: which users gain access to the Site; what effects the Content may have on you; how you may interpret or use the Content; or what actions you may take as a result of having been exposed to the Content. You release ZiiTrend from all liability for you having acquired or not acquired Content through the Site. The Site may contain, or direct you to sites containing, information that some people may find offensive or inappropriate. ZiiTrend makes no representations concerning any content contained in or accessed through the Site, and ZiiTrend will not be responsible or liable for the accuracy, copyright compliance, legality or decency of material contained in or accessed through the Site.

The Services, Content, and Site are provided on an "as is" basis, without warranties of any kind, either express or implied, including, without limitation, implied warranties of merchantability, fitness for a particular purpose or non-infringement. By accessing and using the Site you acknowledge and agree that use of the Site and the Content is entirely at your own risk. ZiiTrend makes no representations or warranties regarding the Services, the Site and the Content, including, without limitation, no representation or warranty (a) that the Services, Site and/or Content will be accurate, complete, reliable, suitable or timely; (b) that any content, including, without limitation, any information, data, software, product or service contained in or made available through the Site will be of merchantable quality or fit for a particular purpose; (c) that the operation of the Site will be uninterrupted or error free; (d) that defects or errors in the Site will be corrected; (e) that the Site will be free from viruses or harmful components; and (f) that communications to or from the Site will be secure or not intercepted.

8. Limitation of Liability

Subject to applicable law, in no event shall ZiiTrend, its officers, directors, employees, agents, or licensors, be liable for any special, indirect, incidental or consequential damages of any kind, including, without limitation, any loss or damages in the nature of or relating to lost business, lost savings, lost data and/or lost profits, regardless of the cause and whether arising in contract (including fundamental breach), tort (including negligence) or otherwise. The foregoing limitation shall apply even if ZiiTrend knew of or ought to have known of the possibility of such damages.

In no event shall ZiiTrend, its officers, directors, employees, agents, or licensors, be liable for damages under this agreement, whether arising in contract (including fundamental breach), tort (including negligence) or otherwise, exceeding one hundred Canadian dollars (C$100) even if ZiiTrend has been advised or ought to have known of the possibility of such damages.

In no event shall ZiiTrend, its officers, directors, employees, agents, or licensors, be liable for any loss or damage arising from the failure of ZiiTrend or your failure to protect your User Account password or associated information.

ZiiTrend expressly disclaims any and all liability for the acts, omissions or conduct of any third-party user of the Site or any advertiser or sponsor of the Site (collectively, "Third-party User"). Under no circumstances shall ZiiTrend and its officers, directors, employees, agents licensors, be liable for any injury, loss, damage (including special, indirect, incidental or consequential damages) or expense arising in any manner whatsoever from (a) the acts, omissions or conduct of any Third-party User; and (b) any use or inability to use any materials, software, content, goods or services located at or made available at any web site linked to or from the Site.

If you decide to access or use any linked web site or content, materials, software, goods or services from a web site linked to the web site, you do so entirely at your own risk.

You hereby release ZiiTrend and its officers, directors, employees, agents and licensors, from any damages that you incur, and agree not to assert any claims against them, arising from your purchase or use of any products or services made available through the Site or by third parties through the Site.

9. Information Disclaimers

You agree that ZiiTrend will not be liable in any way for the interruption or cessation in providing any data, information, or other aspect of the Services. ZiiTrend is not responsible for, and makes no warranties regarding, the access, speed, or availability of the Internet in general or the Services in particular. ZiiTrend reserves the right to modify or discontinue, temporarily or permanently, all or any portion of the Site with or without notice.

You agree that the use of the Content is entirely at your own risk. ZiiTrend expressly disclaims all liability for errors and inaccuracies of the Content, based on information from users, as well as ZiiTrend's algorithms, software or hardware that incorporate user input and prediction. You agree that if any information in the Content is biased, or the algorithms, software or hardware for aggregating and presenting the information is flawed, ZiiTrend shall not be liable for any of your injury, loss and damage.

You acknowledge that the Content contained on the Site is for informational purposes only. ZiiTrend does not guarantee, and makes no representations, warranties or conditions as to the truthfulness, accuracy, reliability, currency, veracity or completeness of the Content or about the results to be obtained using the Content. It is not intended to provide legal, accounting, tax, investment, financial or other advice to you, and you shall not rely upon the information to provide any such advice. ZiiTrend shall not be liable in any manner or to any extent for any direct, indirect, special, incidental or consequential damages, losses or expenses arising out of the use of the Content.

ZiiTrend is under no legal obligation to, and generally does not, control the Content provided by users which is made available on the Site. You acknowledge that the Content provided by users may be offensive, harmful or inaccurate, and in some cases will be mislabelled or deceptively labelled.

Web sites accessed via hypertext link or other means from the Site have, unless otherwise indicated, been independently developed by third parties and we do not warrant the accuracy or completeness of the information contained in such sites. The inclusion of any information, material, content or links on the Site shall not be construed as an implied endorsement of any third party products or services.

10. Indemnity

You agree to indemnify and hold harmless ZiiTrend, its affiliates, customers, officers, directors, employees, agents, or licensors, from any claim or demand, including attorneys fees, made by any third party due to or arising out of your access to the Site, use of the Services and/or Content, violation of the Terms of Use by you, or any third party using your User Account, or your violation of any third party's rights including intellectual property, proprietary, or privacy rights.

11. Trademarks

"ZiiTrend," "Ziitrend.com", "ZiiValue", "Ziibo", "I predict" and ZiiTrend's logos are trademarks, service marks or registered trademarks of ZiiTrend, and may not be copied, used or imitated, in whole or in part, without the prior written permission of ZiiTrend. You may not use meta tags or any other "hidden text" using any of the above-referenced marks without ZiiTrend's permission. Additionally, all page headers, graphics, icons, and scripts are service marks, trademarks, and/or trade dress of ZiiTrend, and may not be copied, imitated, or used, in whole or in part, without ZiiTrend's prior written permission. All other names or logos mentioned on the Site, or any other trademarks, registered or otherwise, are the property of their respective owners. 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 ZiiTrend.

12. Privacy Policy

You acknowledge, consent and agree that ZiiTrend may access, preserve and disclose your User Account information and Content if required to do so by law or in a good faith belief that such access preservation or disclosure is reasonably necessary to: (a) comply with legal process; (b) enforce the Terms of Use; (c) respond to claims that any Content violates the rights of third parties; (d) respond to your requests for customer service; or (e) protect the rights, property or personal safety of ZiiTrend, its users and the public.

13. Governing Law and Jurisdiction

The Site is controlled by ZiiTrend from its office within the Province of British Columbia, Canada. By accessing or using the Site, you agree that all matters relating to your access to, or use of, the Site and/or the Content shall be governed by the laws of the Province of British Columbia and the laws of Canada, without regard to the conflict of laws principles thereof. You agree and hereby submit to the non-exclusive jurisdiction of the Federal Court of Canada and/or the courts of the Province of British Columbia with respect to such matters. If you access this Site from outside Canada, you are also responsible for compliance with all local law. You may not export any of the Content accessible through this Site in violation of applicable export laws and regulations.