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Zentangle Mosaic - Terms of Service

Welcome to the Zentangle Mosaic application (“App”), maintained by Zentangle Books & Creations, LLC ("We" “Us”). We maintain the App to provide an environment for Zentangle enthusiasts ("User" "You") to organize and share Zentangle Art publicly, to organize and store it privately, to create and share groupings of Zentangle Art, and to communicate with other Users.

By using the App, defined to include all properties (mobile, Web or otherwise) owned and operated by Us, related data, and/or related services (collectively, the "Services"), the individual clicking the "I Accept" button below agrees to be bound by the following terms of use, as updated from time to time ("Terms of Use"). Although these Terms of Use form a legal contract, they are here to ensure the continual enjoyment of all users of the App.

PERMITTED USE. 

The App is designed for your personal non-commercial use to post, organize, catalog, share and discuss Zentangle Art created according to the Zentangle Method as developed by Rick Roberts and Maria Thomas.

Subject to the restrictions set forth in the following paragraphs, you may copy information from the App only as necessary for your personal use to view, save, print, fax, and/or e-mail such information. You agree otherwise not to reproduce, modify, distribute, display or otherwise provide access to, create derivative works from, decompile, disassemble or reverse engineer any portion of the Services.

SUBSCRIPTION TERMS. 

The App is available in two versions based on functionality and features: (1) a free demonstration version with limited features ("Demo Version"), or (2) a full function paid subscription version, with full capabilities and features ("Full Version").

Versions:

Demo Version: Free of charge and with limited functionality which you can upgrade to the paid subscription-based Full Version by selecting a subscription option as an In App purchase, or

Full Version: You may choose one of the two subscription options below which are available from within the Demo Version as an In App Purchase.

Monthly Fee Subscription:

  • Time Period: 30 (thirty) calendar days
  • Price of Subscription: $2.99

Yearly Subscription:

  • Time period: 1 (one) calendar year. [Note: Subscriptions initiative on February 29 of a leap year will auto-renew according to the terms on February 28 of the subsequent year.]
  • Price of Subscription: $24.99

Payment will be charged to your iTunes or Google Play Account on confirmation of purchase. 

Your subscription automatically renews unless auto renew is turned off at least 24-hours before the end of the current period. 

Your account will be charged for renewal within 24-hours prior to the end of the current period. The renewal cost of a Monthly Subscription is $2.99. The renewal cost of a Yearly Subscription is 24.99.

If you have an iOS device, you can manage your subscription and turn off the auto-renewal by going to your iTunes Account Settings after purchase. If you have an Android device, you can manage your subscription and turn off the auto-renewal by going to your Google Play Account Settings after purchase.

You can cancel the auto-renewal of your subscription, but you cannot cancel the currently active subscription period. 

Note: All subscription fees paid, due, or subject to automatic renewal, are non-refundable.

RESTRICTION AND ADDITIONAL TERMS. 

You agree not to remove or modify any copyright or other intellectual property notices that appear in the Services.

Age Requirement.

This App is intended for Users who are 13 years old or older.  If you are between the ages of 13 years old and 18 years old, your Parent or Guardian must consent to these Terms of Use on your behalf.

Acceptable Use

  • You understand and agree that the App is designed for your personal, non-commercial use to post, organize, catalogue, share and discuss Zentangle art.
  • You agree to provide accurate User information when you register and to keep that information current.
  • You agree to publicly post only images that you created or that you have permission to upload and make public.

Unacceptable Use.

  • You agree not to use the Services in any way that:
  • is unlawful;
  • we consider pornographic;
  • offers or describes the construction or use of destructive devices, unlawfully-possessed or used firearms, illegal drugs, or any other item or act that is illegal;
  • harms Us, our service providers, suppliers or any other User;
  • will scrape the App, fusker app files or otherwise use or cause to use any data mining, robots or other data gathering and extraction tools;
  • distributes or posts spam, chain letters, pyramid schemes, or similar communications, or otherwise solicits Users through the Services;
  • uses an automated device, such as a script, bot, spider, crawler or scraper; or
  • impersonates another person or misrepresent your affiliation with another person or entity
  • violates Intellectual Property rights of Ourselves, third-parties, or other Users .

Except as expressly stated herein, these Terms of Use do not provide you a license to use, reproduce, distribute, display or provide access to any portion of the Services on third-party Apps or otherwise.

Services.

To ensure the function of the App, you authorize Us to collect and store certain personal information as defined in our Privacy Statement [link]. Other than in limited ways defined in the Privacy Statement (such as a lawful subpoena), We do not provide your personal information to third parties.

MATERIALS YOU PROVIDE; ACCOUNT USE; PRIVACY; THIRD PARTY APPS.

For materials and information you post, share or otherwise enter or upload in connection with the Services, including, without limitation, individual Zentangle Art ("Art"), comments, shared Zentangle art ("Mosaics"), (collectively, your "User Content"), you grant Us a non-exclusive, irrevocable, perpetual, fully paid, royalty-free worldwide license in order for the App to function as intended. Otherwise:

  • We do not share User Content with third parties;
  • Other than the non-exclusive rights granted to us above, you retain your right to use, copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, modify, prepare derivative works of or incorporate into other works in any other media;
  • Other than the non-exclusive rights granted to us above, you retain your right to sublicense your rights in your User Content with the understanding that the images and other User Content that you contributed to the App may persist in the App and from the results of having been shared from within the App by other Users.

Zentangle reserves the right to remove or modify your User Content at any time. For each User Content, you agree to provide accurate and complete information and represent that you have all rights necessary to provide the User Content to the App and to grant Zentangle the rights in this paragraph, and that Zentangle’ use of the User Content will not infringe any third party rights. You understand and agree that you are solely responsible for all User Content made through your user account(s) on the Services or that you otherwise make available through the Services.

You may not share your user account(s) information on the Services with others. You are responsible for all actions taken via your account. We will treat your use of the Services in accordance with its Privacy Policy which defines Our responsibility for your personal information

You understand that although the App allows Users to share User Content, and that the above paragraph We retain certain defined rights in the User Content, the rights to User Content belong to the creator of such User Content.

SOFTWARE.

The Services may include software for use in connection with the Services. If such software is accompanied by an end user license agreement ("EULA"), the terms of the EULA will govern your use of the software. If such software is not accompanied by a EULA, then We grant to you a non-exclusive, revocable, personal, non-transferable license to use such software solely in connection with the Services and in accordance with these Terms of Use.

LINKED MATERIALS AND THIRD-PARTY MATERIALS. 

The Services may include links to third-party contracts, agreements, products, services and apps, as well as other materials provided by third parties. We do not endorse, and we take no responsibility for such products, services, apps, and materials. You understand that We have no obligation to, and generally do not, approve or monitor materials provided by third parties or Users through the Services. Your dealings with any third party arising in connection with the Services are solely between you and such third party, and We take no responsibility for any damages or costs of any type arising out of or in any way connected with your dealings with these third parties.

CLAIMS OF COPYRIGHT INFRINGEMENT. 

We respect the intellectual property rights of others, and We expect you to do the same. Anyone who believes that their work has been reproduced on the Services in a way that constitutes copyright infringement may notify Zentangle’ copyright agent in accordance with Title 17, United States Code, Section 512(c)(2), by providing the following information:       

Identification of the copyrighted work that you claim has been infringed;

  • Identification of the material that you claim is infringing and needs to be removed, including a description of where it is located on the Services so that the copyright agent can locate it;
  • Your address, telephone number, and, if available, e-mail address, so that the copyright agent may contact you about your complaint; and
  • A signed statement that the above information is accurate; that you have a good faith belief that the identified use of the material is not authorized by the copyright owner, its agent, or the law; and, under penalty of perjury, that you are the copyright owner or are authorized to act on the copyright owner’s behalf in this situation.
  • Notices of copyright infringement claims should be sent as follows:                  
    • By mail: Zentangle Books & Creations, LLC, 670 Linwood Avenue, Building Z, Whitinsville, MA 01588,
    • By e-mail: DMCA_notice_email@zentangle.com

INTELLECTUAL PROPERTY.

The Services are the property of Zentangle Books & Creations, LLC, and subject to the intellectual property rights of Ourselves and Our licensors © 2015  Zentangle Books & Creations, LLC, or © 2015 Zentangle, Inc. All rights reserved.

Certain registered trademarks, registered trademarks, or service marks, including, but not limited to, “Zentangle Mosaic”, “Zentangle”, the Zentangle square logo, “Zendala”, “Bijou”, “CZT”, “Certified Zentangle Teacher”, “Anything is possible, one stroke at a time”, and “Zentomology”, are owned by Zentangle, Inc., Rick Roberts, Maria Thomas, or Zentangle Books & Creations, LLC in the United States and/or other countries. You may not use any of the marks as part of your screen name or email address on the Services without prior written permission from the owner of the mark. The names of actual companies, products, and services mentioned herein may be the trademarks of their respective owners. Any rights not expressly granted herein are reserved. By using the Services you acknowledge and agree to accept that the marks are the property of their respective owners.

We do not assert copyright or grant any rights to the underlying Zentangle Art images or other User Content provided through the Services. Any use of these images and descriptions is subject to the copyright owner’s permission and/or the requirements of applicable law.

BACK UP YOUR USER CONTENT.

You are responsible for backing up, to your own computer, the cloud or other device, any important documents, images or other User Content that you store or access via the Services.

We use reasonable skill and due care in providing the Services, but We cannot and do not guarantee or warrant that any User Content you may store or access through the Services will not be subject to inadvertent damage, corruption or loss.

NO WARRANTY.

ZENTANGLE BOOKS & CREATIONS, LLC PROVIDES THE SERVICES "AS IS," "WITH ALL FAULTS" AND "AS AVAILABLE," AND THE ENTIRE RISK AS TO SATISFACTORY QUALITY, PERFORMANCE, ACCURACY, AND EFFORT IS WITH YOU. ZENTANGLE DOES NOT GUARANTEE OR WARRANT THAT ANY USER CONTENT YOU MAY STORE OR ACCESS THROUGH THE SERVICES WILL NOT BE SUBJECT TO INADVERTENT DAMAGE, CORRUPTION, LOSS, OR REMOVE IN ACCORDANCE WITH THE TERMS OF THIS AGREEMENT AND ZENTANGLE BOOKS & CREATIONS, LLC SHALL NOT BE RESPONSIBLE SHOULD DAMAGE, CORRUPTION, LOSS OR REMOVAL OCCUR. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ZENTANGLE BOOKS & CREATIONS, LLC AND ITS SUPPLIERS MAKE NO REPRESENTATIONS, WARRANTIES OR CONDITIONS, EXPRESS OR IMPLIED. ZENTANGLE BOOKS & CREATIONS, LLC AND ITS SUPPLIERS EXPRESSLY DISCLAIM ANY AND ALL WARRANTIES OR CONDITIONS, EXPRESS, STATUTORY AND IMPLIED, INCLUDING WITHOUT LIMITATION (A) WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, WORKMANLIKE EFFORT, ACCURACY, TITLE, QUIET ENJOYMENT, NO ENCUMBRANCES, NO LIENS AND NON-INFRINGEMENT, (B) WARRANTIES OR CONDITIONS ARISING THROUGH COURSE OF DEALING OR USAGE OF TRADE, AND (C) WARRANTIES OR CONDITIONS OF UNINTERRUPTED OR ERROR-FREE ACCESS OR USE.

LIABILITY LIMITATION; EXCLUSIVE REMEDY.

IN NO EVENT WILL ZENTANGLE BOOKS & CREATIONS, LLC OR ANY SUPPLIER BE LIABLE FOR ANY DAMAGES, INCLUDING WITHOUT LIMITATION ANY INDIRECT, CONSEQUENTIAL, SPECIAL, INCIDENTAL, OR PUNITIVE DAMAGES ARISING OUT OF, BASED ON, OR RESULTING FROM THESE TERMS OF USE OR YOUR USE OF THE SERVICES, EVEN IF SUCH PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE EXCLUSION OF DAMAGES UNDER THIS PARAGRAPH IS INDEPENDENT OF YOUR EXCLUSIVE REMEDY SET FORTH BELOW AND SURVIVES IN THE EVENT SUCH REMEDY FAILS OF ITS ESSENTIAL PURPOSE OR IS OTHERWISE DEEMED UNENFORCEABLE. THESE LIMITATIONS AND EXCLUSIONS APPLY WITHOUT REGARD TO WHETHER THE DAMAGES ARISE FROM (A) BREACH OF CONTRACT, (B) BREACH OF WARRANTY, (C) NEGLIGENCE, OR (D) ANY OTHER CAUSE OF ACTION, TO THE EXTENT SUCH EXCLUSION AND LIMITATIONS ARE NOT PROHIBITED BY APPLICABLE LAW. IF YOU DO NOT AGREE WITH ANY PART OF THESE TERMS OF USE, OR YOU HAVE ANY DISPUTE OR CLAIM AGAINST ZENTANGLE BOOKS & CREATIONS, LLC OR ITS SUPPLIERS WITH RESPECT TO THESE TERMS OF USE OR THE SERVICES, THEN YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SERVICES.

CHANGES; DISCONTINUANCE. 

We reserve the right to change these Terms of Use at any time in Our sole discretion. Any changes will be effective immediately upon posting the revised version of these Terms of Use to Our  properties. Your continued use of the Services after the effectiveness of such changes will constitute acceptance of and agreement to any such changes. You further waive any right you may have to receive specific notice of such changes to these Terms of Use. You are responsible for regularly reviewing these Terms of Use. We may alter, suspend, or discontinue the Services at any time to you and/or to others, without notice; at which time subscription renewals will cease and no refunds will be due.

CHOICE OF LAW; DISPUTES. 

These Terms of Use are governed by the laws of the Massachusetts, without giving effect to its conflict of laws provisions. You agree to submit to exclusive jurisdiction and venue in the state and federal courts sitting in Massachusetts for any and all disputes, claims and actions arising from or in connection with the Services and/or these Terms of Use. In any dispute arising under these Terms of Use, the prevailing party will be entitled to attorneys’ fees and expenses.

INDEMNIFICATION. 

You agree to defend and hold Us, our affiliates, and their respective directors, officers, employees, and agents harmless from any and all claims and demands made by any third party due to or arising out of your breach of these Terms of Use, your use of the Services, your violation of any law or the rights of a third party, or any User Content made through your user account on the Services or that you otherwise make available through the Services.

RELEASE.

You release Us, our affiliates, and their respective directors, officers, employees and agents from all liability related to any and all claims and demands you may assert against any third party arising out of the Services.

GENERAL. 

You agree not to export from anywhere any part of the Services provided to you or any direct product thereof except in compliance with, and with all licenses and approvals required under, applicable export laws, rules and regulations. If any part of these Terms of Use is determined to be invalid or unenforceable, then the invalid or unenforceable provision will be replaced with a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of these Terms of Use will continue in effect. The section titles in these Terms of Use are solely used for the convenience of the parties and have no legal or contractual significance. We may assign these Terms of Use, in completely or in part, at any time with or without notice to you. You may not assign these Terms of Use, or assign, transfer or sublicense your rights, if any, in the Service. Our failure to act with respect to a breach by you or others does not waive its right to act with respect to subsequent or similar breaches. Except as expressly stated herein, these Terms of Use constitute the entire agreement between you and Us with respect to the Services and supersede all prior or contemporaneous communications of any kind between you and Us with respect to the Services. The following sections of these Terms of Use shall survive any termination of these Terms of Use: 3, 4, 7, 8, 9 through 14.

This document may have been translated from English to another language as a courtesy. If a conflict arises between the translated version and the English version, the English version will govern.