Terms of Use

The following terms and conditions govern all use of the ZARMarketplace website and all content, services and products available at or through the website. The Website is owned and operated by HIV/AIDS|ZIMBABWE CHARITY, INC and FRIENDS OF PICARDY DRIVE (henceforth referred to as HAZ-FOPD). The Website is offered subject to your acceptance without modification of all of the terms and conditions contained herein and all other operating rules, policies (including, without limitation, ZARMarketplace’s Privacy Policy) and procedures that may be published from time to time on this Site by HAZ-FOPD (collectively, the “Agreement”).  Please read this Agreement carefully before accessing or using the Website.

By accessing or using any part of this Web Site, you agree to become bound by the terms and conditions of this agreement. If you do not agree to all the terms and conditions of this agreement, then we may not be liable for any harm or damages incurred as a result of the misuse of the Website or its services. If these terms and conditions are considered an offer by HAZ-FOPD, acceptance is expressly limited to these terms. The Website is recommended for use by individuals who are at least 15 years old, with parental supervision as appropriate, especially related to financial transactions.

1. Your ZARMarketplace Account. If you create an account on the ZARMarketplace Website, you are responsible for maintaining the security of your account and blog, and you are fully responsible for all activities that occur under the account and any other actions taken in connection with the account. You must immediately notify HAZ-FOPD of any unauthorized uses of your account or any other breaches of security. HAZ-FOPD will not be liable for any acts or omissions by You, including any damages of any kind incurred as a result of such acts or omissions.
2. Responsibility of Contributors. If you comment on a blog or post material to the Website, post links on the Website, or otherwise make (or allow any third party to make) material available by means of the Website (any such material, “Content”), You are entirely responsible for the content of, and any harm resulting from, that Content. That is the case regardless of whether the Content in question constitutes text, graphics, an audio file, or computer software. By making Content available, you represent and warrant that:
   • the downloading, copying and use of the Content will not infringe the proprietary rights, including but not limited to the copyright, patent, trademark or trade secret rights, of any third party;
   • if your employer has rights to intellectual property you create, you have either (i) received permission from your employer to post or make available the Content, including but not limited to any software, or (ii) secured from your employer a waiver as to all rights in or to the Content;
   • you have fully complied with any third-party licenses relating to the Content, and have done all things necessary to successfully pass through to end users any required terms;
   • the Content does not contain or install any viruses, worms, malware, Trojan horses or other harmful or destructive content;
   • the Content is not spam, is not machine- or randomly-generated, and does not contain unethical or unwanted commercial content designed to drive traffic to third party sites or boost the search engine rankings of third party sites, or to further unlawful acts (such as phishing) or mislead recipients as to the source of the material (such as spoofing);
   • the Content is not pornographic, libelous or defamatory (more info on what that means), does not contain threats or incite violence towards individuals or entities, and does not violate the privacy or publicity rights of any third party;
   • your Content is not getting advertised via unwanted electronic messages such as spam links on newsgroups, email lists, other blogs and web sites, and similar unsolicited promotional methods;
   • your Content is not named in a manner that misleads your readers into thinking that you are another person or company. For example, no part of your Content’s title is the name of a person other than yourself or company other than your own; and
   • you have, in the case of Content that includes computer code, accurately categorized and/or described the type, nature, uses and effects of the materials, whether requested to do so by HAZ-FOPD or otherwise.

   By submitting Content to HAZ-FOPD for inclusion on our Website, you grant HAZ-FOPD a world-wide, royalty-free, and non-exclusive license to reproduce, modify, adapt and publish the Content solely for the purpose of displaying, distributing and promoting your Content and any associated products. If you delete Content or request to have Content deleted, HAZ-FOPD will use reasonable efforts to remove it from the Website, but you acknowledge that caching or references to the Content may not be made immediately unavailable.

   Without limiting any of those representations or warranties, HAZ-FOPD has the right (though not the obligation) to, in HAZ-FOPD’s sole discretion (i) refuse or remove any content that, in HAZ-FOPD’s reasonable opinion, violates any HAZ-FOPD policy or is in any way harmful or objectionable, or (ii) terminate or deny access to and use of the Website to any individual or entity for any reason, in HAZ-FOPD’s sole discretion. HAZ-FOPD will have no obligation to provide a refund of any amounts previously paid.

3. Fees and Payment. By purchasing a product or service or by pledging a donation through ZARMarketplace, you agree to pay HAZ-FOPD the corresponding fees or payment indicated for that product or service. Payments are processed through PayPal.com.
4. Responsibility of Website Visitors. HAZ-FOPD makes reasonable effort to review and screen all material posted to this Website, but cannot guarantee to review all third party material, including computer software, posted to the Website, and cannot therefore be responsible for that material’s content, use or effects. By operating the Website, HAZ-FOPD does not represent or imply that it endorses third party material there posted, or that it believes such material to be accurate, useful or non-harmful. You are responsible for taking precautions as necessary to protect yourself and your computer systems from viruses, worms, Trojan horses, and other harmful or destructive content. The Website may contain third party content that is offensive, indecent, or otherwise objectionable, as well as content containing technical inaccuracies, typographical mistakes, and other errors. The Website may also contain material that violates the privacy or publicity rights, or infringes the intellectual property and other proprietary rights, of third parties, or the downloading, copying or use of which is subject to additional terms and conditions, stated or unstated. HAZ-FOPD disclaims any responsibility for any harm resulting from the use by visitors of the Website, or from any downloading by those visitors of content there posted.

5. Responsibility of Vendors. Our vendors have a special responsibility to uphold, in order to help us maintain a high standard of service to our customers and visitors to our web site.  Please read the detailed Vendor Terms of Agreement, in order to ensure full compliance with your responsibilities and expectations as our partner.

6. Content Posted on Other Websites. We have not reviewed, and cannot review, all of the material, including computer software, made available through the websites and webpages to which ZARMarketplace links, and that link to ZARMarketplace.   HAZ-FOPD does not have any control over those non-ZARMarketplace websites and webpages, and is not responsible for their content or their use. By linking to a non-ZARMarketplace website or webpage, HAZ-FOPD  does not represent or imply that it endorses such website or webpage. You are responsible for taking precautions as necessary to protect yourself and your computer systems from viruses, worms, Trojan horses, and other harmful or destructive content. HAZ-FOPD disclaims any responsibility for any harm resulting from your use of non-ZARMarketplace websites and webpages.
7. Copyright Infringement and DMCA Policy. As HAZ-FOPD asks others to respect its intellectual property rights, it respects the intellectual property rights of others. If you believe that material located on or linked to by ZARMarketplace violates your copyright, you are encouraged to notify HAZ-FOPD in accordance with Digital Millennium Copyright Act (“DMCA”) Policy. HAZ-FOPD will respond to all such notices, including as required or appropriate by removing the infringing material or disabling all links to the infringing material. In the case of a visitor who may infringe or repeatedly infringes the copyrights or other intellectual property rights of HAZ-FOPD or others, HAZ-FOPD may, in its discretion, terminate or deny access to and use of the Website. In the case of such termination, HAZ-FOPD will have no obligation to provide a refund of any amounts previously paid to HAZ-FOPD.
8. Intellectual Property. This Agreement does not transfer from HAZ-FOPD to you any HAZ-FOPD or third party intellectual property, and all rights, titles and interest in and to such property will remain (as between the parties) solely with HAZ-FOPD.  HAZ-FOPD, ZARMarketplace, hivaidszimbabwe.com, hivaidszimbabwe.org, zolar.info, fopd.org, and zimbabweaidsrelief.org, accompanying logos, and all other trademarks, service marks, graphics and logos used in connection with ZARMarketplace,  or the Website are trademarks or registered trademarks of HAZ-FOPD or HAZ-FOPD licensors. Other trademarks, service marks, graphics and logos used in connection with the Website may be the trademarks of other third parties. Your use of the Website grants you no right or license to reproduce or otherwise use any HAZ-FOPD or third-party trademarks.
9. Changes. HAZ-FOPD reserves the right, at its sole discretion, to modify or replace any part of this Agreement. It is your responsibility to check this Agreement periodically for changes. Your continued use of or access to the Website following the posting of any changes to this Agreement constitutes acceptance of those changes. HAZ-FOPD may also, in the future, offer new services and/or features through the Website (including, the release of new products, services, tools and resources). Such new features and/or services shall be subject to the terms and conditions of this Agreement.
   
10. Termination. HAZ-FOPD may terminate your access to all or any part of the Website at any time, with or without cause, with or without notice, effective immediately. If you wish to terminate this Agreement or your ZARMarketplace account   (if you have one), you may simply discontinue using the Website.  Notwithstanding the foregoing, if you have a VIP Services account, such account can only be terminated by HAZ-FOPD  if you materially breach this Agreement and fail to cure such breach within thirty (30) days from HAZ-FOPD notice to you thereof; provided that, HAZ-FOPD can terminate the Website immediately as part of a general shut down of our service. All provisions of this Agreement which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.
    
11. Disclaimer of Warranties. The Website is provided “as is”.    HAZ-FOPD and its suppliers and licensors hereby disclaim all warranties of any kind, express or implied, including, without limitation, the warranties of merchantability, fitness for a particular purpose and non-infringement. Neither HAZ-FOPD nor its suppliers and licensors, makes any warranty that the Website will be error free or that access thereto will be continuous or uninterrupted.   You understand that you download from, or otherwise obtain content or services through, the Website at your own discretion and risk.
12. Limitation of Liability. In no event will HAZ-FOPD, or its suppliers or licensors, be liable with respect to any subject matter of this agreement under any contract, negligence, strict liability or other legal or equitable theory for: (i) any special, incidental or consequential damages; (ii) the cost of procurement or substitute products or services; (iii) for interruption of use or loss or corruption of data; or (iv) for any amounts that exceed the fees paid by you to HAZ-FOPD under this agreement during the twelve (12) month period prior to the cause of action. HAZ-FOPD shall have no liability for any failure or delay due to matters beyond their reasonable control. The foregoing shall not apply to the extent prohibited by applicable law.
13. General Representation and Warranty. You represent and warrant that (i) your use of the Website will be in strict accordance with the HAZ-FOPD Privacy Policy, with this Agreement and with all applicable laws and regulations (including without limitation any local laws or regulations in your country, state, city, or other governmental area, regarding online conduct and acceptable content, and including all applicable laws regarding the transmission of technical data exported from the United States or the country in which you reside) and (ii) your use of the Website will not infringe or misappropriate the intellectual property rights of any third party.
14. Indemnification. You agree to indemnify and hold harmless HAZ-FOPD, its contractors, and its licensors, and their respective directors, officers, employees and agents from and against any and all claims and expenses, including attorneys’ fees, arising out of your use of the Website, including but not limited to your violation of this Agreement.