Terms & Conditions

Our Terms & Conditions explains our policy regarding the collection, use and disclosure of your personal information. As we update and expand our services, this policy may change, so please refer back to it periodically. By accessing our Web site or using our services, you consent to our information practices.

Welcome
Scope of Agreement
Privacy
How Our Service Works
Applications, Account Information from Third Party Sites
Links and Pages
Account Access; Identity Protection
Website Content
Use of Information Submitted
Electronic Communications
Customer Service
Limitations on Use
Your Conduct on the ZenDash Website
Rights You Grant to Us
Term and Termination
Functionality Compatibility
Disclaimers of Warranties and Limitations on Liability
Intellectual Property; Copyright & Trademarks
General Information

Welcome

Last Revised April 8th 2011
Welcome to ZenDash, a dedicated affiliate stats hub that allows Members to consolidate stats, campaign information, and alerts from all your affiliate networks into one convenient, intuitive and unified platform.

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Scope of Agreement

The ZenDash Terms of Use as set forth below govern your use of the ZenDash Service and website located at www.zendash.net (ZenDash.net), as owned and operated by Internet Promotions, LLC. PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE USING THIS WEBSITE. By using this Website you agree to this Terms of Use Agreement. You (the User/Member) may not use our Service and you may not accept this Agreement if you are not of a legal age to form a binding contract. If you do not agree to these Terms of Use and the ZenDash Privacy Policy, please exit and disregard the information contained herein.

As we expand our services, our Terms of Use will be updated and ZenDash, Inc. reserves the right to modify our Terms from time to time, with or without notice, in our sole and absolute discretion. The most current version of our Terms of Use, with the date it was last revised, will supersede all previous versions and may be reviewed by clicking the "Terms of Use" link located on the ZenDash website.

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Privacy

The ZenDash website's Privacy Policy details how user data is used. Any personally identifiable information submitted on the ZenDash website is subject to our Privacy Policy, the terms of which are incorporated herein. Please review our Privacy Policy to understand our practices. The date of our most current version of our Privacy Policy will be noted at the end of the Privacy Policy.

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How Our Service Works

Through its Site, ZenDash provides you with access to a variety of resources, including tools, download areas, communication forums and product and network information (each, a "Service" and collectively, "Services"). The dedicated ZenDash affiliate stats hub allows its Members to stream the stats, campaign information and alerts from their third-party affiliate networks into one unified platform. These streams are referred to as "Network Feeds" ("Feeds") within the ZenDash service and website. Members may add an unlimited numbers of Feeds within their ZenDash account; however a feed may only be active in one (1) ZenDash account.

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Applications, Account Information from Third Party Sites

With our Service, Members may direct ZenDash to retrieve their own account information maintained online by third-party affiliate networks with which Members have established relationships. ZenDash works with multiple online affiliate network providers to access this Account Information. ZenDash is not responsible for the retrieved Account Information for any purpose, including but not limited to accuracy, legality or non-infringement. ZenDash is not responsible for the products and services offered by or on third-party sites.

Further, the ZenDash website may contain links to websites or links and/or other connections to applications (including, without limitation, websites, widgets, software, or other software utility) ("Application(s)"). Such Applications may be owned or operated by third parties that are not related to, associated with or sponsored by ZenDash. Unless otherwise noted by ZenDash on the ZenDash website, these Applications are provided solely as a convenience to you, and ZenDash is not responsible for and does not endorse the content of such Applications. You will need to make your own independent judgment regarding your interaction with these Applications. You may choose, at your sole and absolute discretion and risk, to use an Application and such Application may interact with, connect to or gather and/or pull information from and to your ZenDash account.

By using such Applications, you acknowledge and agree to the following: (i) if you use an Application to share information relating to your ZenDash account, you are consenting to the information about your account being shared; (ii) your use of an Application may cause personally identifying information to be publicly disclosed and/or associated with you, even if ZenDash has not provided such information; and (iii) your use of an Application is at your own option and risk, and you will hold ZenDash harmless for the sharing of information relating to your ZenDash account that results from your use of an Application. You must read all log-in boxes and other pop-up boxes closely for notices about sharing your ZenDash account information with, through or by any other means identified on an Application. In addition, that Application's end user license agreement, terms of use, and/or any other documentation or materials designated by the Application will govern your use of that Application. You may revoke an Application's access to your ZenDash account at any time, but information shared prior to revocation may continue to be viewable within, or otherwise continue to be used by, the Application depending on the policies of such Application.

Certain Applications may appear to be associated with or sponsored by ZenDash. While these Applications may utilize ZenDash trademarks with our permission, we do not take any responsibility for the performance of the Application or the use of any information shared with the Application. ZenDash cannot always foresee or anticipate technical or other difficulties which may result in failure to obtain data or loss of data, personalization settings or other service interruptions. ZenDash cannot assume responsibility for the timeliness, accuracy, deletion, non-delivery or failure to store any user data, communications or personalization settings. For example, when displayed through the Service, Account Information is only as fresh as the time the information is obtained from such Applications. Such information may be more up-to-date when obtained directly from the relevant sites. Use of Applications is at your own option and risk. If you have any questions, concerns, complaints, or claims about the Applications, you should contact the support or contact personnel of the Application and not ZenDash, unless otherwise indicated by ZenDash. ZenDash DISCLAIMS ALL LIABILITY ARISING FROM YOUR USE OF APPLICATIONS.

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Links and Pages

Some of the hyperlinks on the ZenDash website may lead to other websites or Applications that are not controlled by, or affiliated with, ZenDash. In addition, other websites may link to the ZenDash website or ZenDash may include links to the websites of businesses, including those that have associations with us through certain programs. For example, ZenDash may include pages that display and provide information on Applications or other products. These pages may provide links to third party sites where ZenDash members may obtain or purchase such Applications and other products. ZenDash has not reviewed these websites and is not responsible for the offerings of any of these sites or the content, privacy policies or terms of use of these websites or Applications. Members acknowledge and agree that ZenDash is not responsible or liable for, and does not otherwise warrant, the actions of these third parties, the products or contents on the websites, or the performance of any Applications and devices. You should carefully review their privacy statements and other terms and conditions of use.

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Account Access; Identity Protection

In order to provide you with ease of access to your account, ZenDash will place cookies (small text files) on any computer from which you access the ZenDash website. When you revisit the ZenDash website, this cookie will enable us to recognize you as the account holder and provide you with direct access to your account without requiring you to retype entire user identification. You are responsible for updating and maintaining the truth and accuracy of the information you provide to us relating to your account. We additionally make use of various programming methods to prevent bots and spiders to scrape the information and data on ZenDash web pages.

You are also responsible for maintaining the confidentiality of your account and password and for restricting access to your computer or mobile device. If you disclose your password to anyone or share your account with other people, you take full responsibility for their actions. Users of public or shared computers or unprotected mobile devices should log out at the completion of each visit to the ZenDash website.


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Website Content

We reserve the right to display data or other information on our website to you in any manner we choose in our sole and absolute discretion. In addition, the ZenDash website allows third parties to post news articles concerning the online marketing, affiliate and performance industry. Any opinions, advice, statements, services, offers, or other information that constitutes part of the content expressed or made available by third parties on the ZenDash website are those of the respective authors or producers and not of ZenDash or its employees. Under no circumstances shall ZenDash or its employees be held liable for any loss or damage caused by your reliance on information obtained through the ZenDash website. It is your responsibility to evaluate the information, opinion, advice, or other content available through the ZenDash website.

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Use of Information Submitted

ZenDash is free to use any comments, information, ideas, concepts, or techniques or any other material contained in any communication you may send to ZenDash ("Feedback"), including responses to questionnaires or through postings to the ZenDash website, without further compensation, acknowledgement or payment to you for any purpose whatsoever including, but not limited to, developing, manufacturing and marketing products and creating, modifying or improving the ZenDash website or other websites. Furthermore, by posting any Feedback on our site, submitting Feedback to us, or in responding to questionnaires, you grant us a perpetual, non-exclusive, royalty-free irrevocable license and right to display, use, reproduce or modify the Feedback submitted in any media, software or technology of any kind now existing or developed in the future.

Please note ZenDash does not accept unsolicited materials or ideas for use or publication, and is not responsible for the similarity of any of its content or programming in any media to materials or ideas transmitted to ZenDash. Should you send any unsolicited materials or ideas, you do so with the understanding that no additional consideration of any sort will be provided to you, and you are waiving any claim against ZenDash and its affiliates regarding the use of such materials and ideas, even if material or an idea is used that is substantially similar to the idea you sent.

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Electronic Communications

By using the ZenDash service, you consent to receiving electronic communications from ZenDash. These communications will include notices about your account (e.g., alerts and receiving e-mails and other transactional information) and information concerning or related to our service, such as third party add-ons or services that may be added to your membership within the use of the ZenDash service. These communications are part of your relationship with ZenDash and you receive them as part of the ZenDash membership. You agree that any notice, agreements, disclosure or other communications that we send to you electronically will satisfy any legal communication requirements, including that such communications be in writing.

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Customer Service

If you need assistance with your account, you may find answers on the ZenDash website, where you will find the answers to many frequently asked questions as well as information relating to the use of the ZenDash Service. In certain instances, Customer Service may be available via phone which will enable us to interact directly with you. We provide such support service only with your permission and (via phone and Internet connection). During the time we are providing you with support we may have full access to your account.

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Limitations on Use

You must be 18 years of age or older to become a member of the ZenDash service. Unless otherwise specified, our service and the content on the ZenDash website, including content viewed through our website, are for your personal and non-commercial use only and we grant you a limited license to access the ZenDash website for that purpose. You may not download (other than through page caching necessary for personal use, or as otherwise expressly permitted by these Terms of Use), modify, copy, distribute, transmit, display, perform, reproduce, duplicate, publish, license, create derivative works from, or offer for sale any information contained on, or obtained from, the ZenDash website, including but not limited to information contained within a member's account, without our express written consent. You may not frame or utilize any framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of ZenDash without our express written consent. You may not use any meta tags or any other "hidden text" utilizing the ZenDash name or trademarks without our express written consent. Any unauthorized use of the ZenDash website or its contents will terminate the limited license granted by us.

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Your Conduct on the ZenDash Website

By accessing the ZenDash website, you agree to use the ZenDash service, including features and functionalities associated therewith, the website and its content in accordance with all applicable laws, rules and regulations. In addition, you agree not to upload, post, e-mail or otherwise send or transmit 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 associated with the ZenDash website. You also agree not to interfere with the servers or networks connected to the ZenDash website or to violate any of the procedures, policies or regulations of networks connected to the ZenDash website. You also agree not to impersonate any other person while using the ZenDash website, conduct yourself in a vulgar or offensive manner while using our service, or use the ZenDash website for any unlawful purpose. You agree to not share your user name and password with any third party related or unrelated to you in order to gain access the ZenDash service, your account and all the content of the ZenDash website.

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Rights You Grant to Us

By submitting information, data, passwords, user names, PINs, other log-in information, materials and other content to ZenDash through the Service, you are licensing that content to ZenDash solely for the purpose of providing the Service. ZenDash may use and store the content, but only to provide the Service to you. By submitting this content to ZenDash, you represent that you are entitled to submit it to ZenDash for use for this purpose, without any obligation by ZenDash to pay any fees or other limitations.

By using the Service, you expressly authorize ZenDash to access your Account Information maintained by identified third parties, on your behalf as your agent. When you use the "Add Accounts" feature of the Service, you will be directly connected to the website for the third party you have identified. ZenDash will submit information including user names and passwords that you provide to log you into the site. You hereby authorize and permit ZenDash to use and store information submitted by you to the Service (such as account passwords and user names) to accomplish the foregoing and to configure the Service so that it is compatible with the third party sites for which you submit your information. For purposes of this Agreement and solely to provide the Account Information to you as part of the Service, you grant ZenDash a limited power of attorney, and appoint ZenDash as your attorney-in-fact and agent, to access third-party sites, retrieve and use your information with the full power and authority to do and perform each thing necessary in connection with such activities, as you could do in person. YOU ACKNOWLEDGE AND AGREE THAT WHEN ZENDASH IS ACCESSING AND RETRIEVING ACCOUNT INFORMATION FROM THIRD-PARTY SITES, ZENDASH IS ACTING AS YOUR AGENT, AND NOT AS THE AGENT OF OR ON BEHALF OF THE THIRD PARTY. You understand and agree that the Service is not sponsored or endorsed by any third parties accessible through the Service.

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Term and Termination

These terms are effective until terminated by either party. If you no longer agree to be bound by the Terms of Use, you must cease your use of the Website. ZenDash reserves the right to immediately terminate your account, and your use of, or access to, the ZenDash.net website at any time and for any reason in its sole discretion. You may cancel your membership to ZenDash at any time, and cancellation will be effective immediately.
Subject to applicable law, we reserve the right to suspend or deny, in our sole discretion, your access to all or any portion of the Website without prior notice. You agree that any termination of your access to the Website may be effected without prior notice, and acknowledge and agree that we may immediately deactivate or delete your account and all related information and files in your account and bar any further access to such files or the Website. Upon such termination, your account may remain active but no stats or information from any networks previously set up will be displayed or updated. Further, you agree that we shall not be liable to you or any third party for any termination of your access to the Website.

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Functionality Compatibility

ZenDash MAKES NO REPRESENTATIONS OR WARRANTIES CONCERNING ZENDASH SERVICE OR THE COMPATIBILITY OF THE SERVICE WITH BROWSER FUNCTIONALITY. Additional disclaimers or limitations of liability may be contained in the various browser software end user license agreements you have agreed to by using their browser software.

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Disclaimers of Warranties and Limitations on Liability

THE ZenDash SERVICE, INCLUDING THE ENTIRE ZENDASH WEBSITE FEATURES, AND FUNCTALITIES ASSOCIATED THEREWITH, THE WEBSITE AND ITS CONTENTS, ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND AND WE MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND WITH RESPECT TO THE ZenDash SERVICE, THE WEBSITE AND ITS CONTENTS. ZENDASH DOES NOT GUARANTEE, REPRESENT, OR WARRANT THAT YOUR USE OF THE ZENDASH SERVICE, WILL BE UNINTERRUPTED OR ERROR-FREE, AND YOU AGREE THAT ZENDASH MAY ELIMINATE OR OTHERWISE MODIFY ANY OR ALL ASPECTS OF THE ZENDASH SERVICE, INCLUDING OUR WATCH INSTANTLY FUNCTIONALITY, OUR COMMUNITY FEATURES OR ANY OTHER ASPECTS OF THE ZENDASH SERVICE AT ANY TIME, WITHOUT COMPENSATION OR NOTICE TO YOU. ZenDash SPECIFICALLY DISCLAIMS LIABILITY FOR THE USE OF APPLICATIONS,, AS DEFINED IN THE APPLICATIONS SECTION ABOVE. Without limiting the foregoing, we assume no liability or responsibility for any of the following: (i) content contained on or defects from the ZenDash service, including damage or defects occurring during use of the website; (ii) errors or omissions in the website content in connection with the ZenDash service or on the ZenDash website; (iii) any failure or interruption in the availability of the ZenDash service and/or website, including availability of data and stats ; (vi) delivery and or display of any content contained on the ZenDash website or through the ZenDash service; and (vii) any losses or damages arising from the use of the content provided on the ZenDash website or the ZenDash service itself, including any losses or damages arising from the information displayed on the website and/or downloading of related software, downloading and/or use of any other software, or any conduct by users of the ZenDash service or website. TO THE EXTENT ALLOWABLE BY LAW, WE AND OUR LICENSORS DISCLAIM ALL REPRESENTATIONS AND WARRANTIES, INCLUDING, FOR EXAMPLE, WARRANTIES OF MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. In addition, we do not represent or warrant that the information accessible via our site is accurate, complete or current. We do not make any representations with respect to the content displayed on the website and or from the ZenDash service. We do not represent or guarantee that your use of the ZenDash service and website will be free from interruption, loss, corruption, attack, viruses, interference, hacking, or other security intrusion and we disclaim any liability with respect thereto. No oral or written information or advice given by us or our authorized representative shall create a warranty or otherwise constitute a representation binding upon ZenDash or its affiliated parties.

In no event shall ZenDash employees be liable (jointly or severally) to you for personal injury or any special, incidental, indirect or consequential damages of any kind, or any damages whatsoever resulting from loss of use, data or profits, business interruption or any other commercial damages or loss, whether or not advised of the possibility of damage, and on any theory of liability, arising out of or in connection with the use or performance of the ZenDash website, its contents or the ZenDash service, including any features or functionalities associated therewith. In no event shall our total liability to you for all damages for losses arising from the use or inability to use our website, its contents or the ZenDash service, including any content features or functionalities associated therewith (other than as may be required by applicable law in cases involving personal injury) exceed the amount of one month's membership fee on your membership plan. The foregoing limitations will apply even if the above stated remedy fails of its essential purpose. If any applicable authority holds any portion of this section to be unenforceable, then liability will be limited to the fullest possible extent permitted by applicable law.

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Intellectual Property; Copyright & Trademarks

Copyright:
The ZenDash service and all content included on the ZenDash Website and delivered to members as part of the service, including, logos, designs, photographs, button icons, images, audio/video clips, digital downloads, data compilations, and software, are the property of ZenDash, or its suppliers and are protected by United States and international copyright laws or other intellectual property laws and treaties. The compilation of all content on this site is the exclusive property of ZenDash, and protected by U.S. and international copyright laws. Content shall not be reproduced or used without express written permission from ZenDash, or its suppliers. You agree to adhere to the restrictions set forth under this agreement. You agree not to decompile, reverse engineer or disassemble any software (including but not limited to the ZenDash website) or other products or processes accessible through the ZenDash website, not to insert any code or product or manipulate the content of the ZenDash website in any way that affects the user's experience, and not to use any data mining, data gathering or extraction method. ZenDash reserves the right to terminate your membership hereunder if ZenDash, in its sole and absolute discretion, believes that you are in violation of this paragraph, such violations including the the unauthorized use of our service, the ZenDash Software or the copying or other unauthorized use of our proprietary content. The use of the ZenDash service and the ZenDash content is solely for your personal and non-commercial use.

Trademarks:
ZenDash is a registered trademark of Internet Promotions, LLC. The ZenDash logo, ZenDash.net, are trademarks or service marks of Internet Promotions, LLC. The ZenDash website, including but not limited to its graphics, logos, page headers, button icons, scripts and service names constitute trade dress of Internet Promotions, LLC. The trademarks, service marks and trade dress of ZenDash may not be used or reproduced without prior written approval from Internet Promotions, LLC, and may not be used in connection with any product or service that is not affiliated with ZenDash, in any manner that is likely to cause confusion among customers, in any manner that dilutes the rights of ZenDash, or in any manner that disparages or discredits ZenDash. Other trademarks that appear on the ZenDash website are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by ZenDash. Any images of persons, companies logos or personalities contained on the ZenDash website are not an indication or endorsement of ZenDash or any particular product or our service unless otherwise indicated.

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General Information

These Terms of Use constitute the entire Terms of Use agreement between ZenDash and User and govern the use of the Website. You also may be subject to additional Terms and Conditions that may apply when you register for Affiliate/Publisher Member Services or Network Member services, other affiliate services, third-party content or third-party software. Our failure to exercise or enforce any right or provision of this Agreement or respond to a breach by you or other parties shall not in any way waive our right to enforce subsequently any terms or conditions of this Agreement or to act with respect to similar breaches. If any provision of the Terms of Use 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 Terms of Use 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 Website or the Terms of Use must be filed within one year after such claim or cause of action arose or be forever barred.

The section titles in the Terms of Use are for convenience only and have no legal or contractual effect.

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