Us.

We, the team at ZeroSixZero, are on a mission to revolutionize maps. We are excited that you’re joining us and whether you’re an adventurer, an expedition member, a scientist, storyteller, working on a project, representing a company or are working on behalf of any of these, we’re thrilled you’re here. These Terms of Service (“Terms”) describe who and what we are, our commitments to you, and your rights and responsibilities when using our products and services. Please read them carefully and reach out to us if you have any questions.

Terms of Service

These Terms govern your access to and use of z6z.co, zerosixzeromap.com, zerosixzero.co, as well as all content and ZeroSixZero products and services available at or through these websites (collectively, “Services”). These Terms also govern visitors’ access to and use of any websites that use our Services, such as maps hosted on z6z.co. For some of ZeroSixZero’s other products, services, and programs, additional Terms of Service may apply and will be posted on their respective websites. Our Services are 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, ZeroSixZero’s Privacy Policy), and procedures that may be published from time to time by ZeroSixZero (collectively, the “Agreement”). You agree that we may automatically upgrade our Products and Services, and the Agreement will apply to any upgrades. Please read the Agreement carefully before accessing or using our Services. By accessing or using any part of our Services, you agree to become bound by the Agreement. If you do not agree to all the terms of the Agreement, then you may not access or use our Services.

1. Who’s Who

Throughout these Terms, “you” applies to both individuals and entities that access or use our Services. If you are an individual using our Services on behalf of an entity, you represent and warrant that you have the authority to bind that entity to the Agreement and that by using our Product(s) and Service(s), you are accepting the Agreement on behalf of that entity. Your Agreement is with ZeroSixZero, Inc. We refer to “Zero Six Zero, Inc.”, ZeroSixZero, z6z and z6z.co collectively as “ZeroSixZero” or “we” throughout these Terms. We use the terms “map”, “website” and “site” throughout this document; when we use these terms, it encompasses all APIs, maps, imagery and content which collectively encompass a ‘map’ product, including sites, dashboards, apps or other interfaces for viewing, editing, administering or managing these maps and websites.

2. Your Account

Where use of our Services requires an account, you agree to provide us with complete and accurate information when you register for an account and keep the information current. This is important because sometimes we may need to send you notable updates (for example, about changes to our Terms of Service or Privacy Policy), or we may want to let you know about and make informed choices in response to legal inquiries or complaints.

You will be solely responsible and liable for any activity that occurs under your account. You are responsible for keeping your account information up-to-date and for keeping your password secure.

You are responsible for maintaining the security of your account and any Service-related website, store, or other content, and you are fully responsible for all activities that occur under your account and any other actions taken in connection with our Services. You shall not share or misuse your access credentials. You must immediately notify us of any unauthorized uses of your account, store, or website, or of any other breach of security. We 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.

When you create a ZeroSixZero account, we consider that to be an inquiry about our products and services, which means that we may contact you to share more details about what we have to offer. Don't worry -- if you aren't interested in learning more, you can opt out of the marketing communication, whether it's an email, phone call, or text message.

3. Your location data

During typical use of our Products and Services, you may choose to transmit or upload location data, including highly accurate GPS coordinates. With some Products and Services, such as our realtime maps, this location data can appear on a public map in near-realtime, therefore we ask you not to send location data from locations that you do not want to show on the map (such as potentially personally identifying locations).

4. Minimum Age Requirements

Our Services are not directed to children. Access to and use of our Services is only for those over the age of 13 (or 16 in the European Union). If you are younger than this, you may not register for or use our Services. Any person who registers as a user or provides their personal information to our Services represents that they are 13 years of age or older (or 16 years or older in the European Union).

5. Responsibility of Visitors and Users

We have not reviewed, and cannot review, all of the content (such as, but not limited to, text, photo, video, audio, code, computer software, items for sale, or other materials) posted to our Services by users or anyone else (collectively “Content”) and are not responsible for any use or effects of such Content. So, for example:

• We do not endorse any Content or represent that Content is accurate, useful, or non-harmful. Content could be offensive, indecent, or objectionable; include technical inaccuracies, typographical mistakes, or other errors; or violate or infringe the privacy, publicity rights, intellectual property rights (see our Copyright Infringement and DMCA Policy section to submit copyright complaints), or other proprietary rights of third parties.
• If you post Content, comment on a map, or otherwise make (or allow any third party to make) Content available on our Services, you are entirely responsible for the Content, and any harm resulting from, that Content or your conduct.
• We disclaim any responsibility for any harm resulting from anyone’s use, purchase, or downloading of Content. If you access or use any Content, 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.
• Any Content offered for sale through any of our Services are the seller’s sole responsibility, and you agree that you will look solely to the seller for any damages that result from your purchase or use of Content.
• We are not a party to, and will have no responsibility or liability for, any communications, transactions, interactions, or disputes between you and the provider of any Content.
• Please note that additional third party terms and conditions may apply to the downloading, copying, purchase, or use of Content.
• We also have not reviewed, and cannot review, all of the material made available through the websites and web pages that link to, or are linked from, ZeroSixZero or our other Services. For example:
• We do not have any control over data uploaded to maps or elsewhere through our services and are not responsible for their contents or their use.
• The existence of a link to or from one of our Services does not represent or imply that we endorse such website.
• We disclaim any responsibility for any harm resulting from non-ZeroSixZero websites.

6. Fees, Payment, and Renewal

a. ZeroSixZero Fees

Fees for Paid Services. Some of our Services are offered for a fee (“Paid Services”). By using a Paid Service, you agree to pay the specified fees. Depending on the Paid Service, there may be one-time fees or recurring fees. For recurring fees, we’ll bill or charge you in regular automatically-renewing intervals (such as monthly, annually, or biennially), on a pre-pay basis until you cancel, which you can do at any time by contacting the relevant support team.

Taxes. To the extent permitted by law, or unless explicitly stated otherwise, all fees are exclusive of applicable federal, provincial, state, local or other governmental sales, goods and services, harmonized or other taxes, fees, or charges now in force or enacted in the future (“Taxes”). You are responsible for payment of all applicable Taxes relating to your use of our Services, your payments, or your purchases. If we are obligated to pay or collect Taxes on the Fees you’ve paid or will pay, you are responsible for such Taxes, and we may collect payment for such Taxes.

Payment. If your payment fails, Paid Services are otherwise not paid for or paid for on time, or we suspect a payment is fraudulent, we may immediately cancel or revoke your access to Paid Services without notice to you. If you contact your bank or credit card company to decline or reverse the charge of fees for Paid Services, we may revoke your access to our Services.

Automatic Renewal. To ensure uninterrupted service, recurring Paid Services are automatically renewed. This means that unless you cancel a Paid Service before the end of the applicable subscription period, it will automatically renew, and you authorize us to invoice you or use any payment mechanism we have on record for you to collect the then-applicable subscription fee (as well as any Taxes). By default, your Paid Services will be renewed for the same interval of time as your original subscription period. For example, if you purchase an annual plan, you will be charged each year for the following 12-month period. We may charge your account up to one month before the end of the subscription period. It is your responsibility to make sure you are checking your email (including any spam or other filters) in order to receive any reminder email we send to you in advance of renewal. The date for the automatic renewal is determined automatically based on the date of the original purchase and cannot be changed. You can view your renewal date for ZeroSixZero Paid Services by visiting your account profile. For more information about how ZeroSixZero subscriptions work, please see our Pricing Page.

Cancelling Automatic Renewal. To cancel a plan, go to your Account page, click on the plan you wish to cancel, then follow the instructions to “cancel the subscription.” You must repeat this process for each subscription you wish to cancel.

Fee Changes. We may change our fees at any time, or start charging fees for Services that were previously free. When applicable, we may give you advance notice of the fee changes. If you don’t agree with the fee changes, you must cancel your Paid Service.

Refunds. While you may cancel a Paid Service at any time, refunds are issued in our sole discretion, unless otherwise required by applicable law.

7. General Representation and Warranty

You represent and warrant that your use of our Services:

• Will be in strict accordance with these Terms;
• Will comply with all applicable laws and regulations (including, without limitation, all applicable laws regarding online conduct and acceptable content, privacy, data protection, the transmission of technical data exported from the United States or the country in which you reside, the use of financial services, notification and consumer protection, unfair competition, and false advertising);
• Will not use the Services for any unlawful purposes, to publish illegal Content, or in furtherance of illegal activities;
• Will not infringe or misappropriate the intellectual property rights of any third party;
• Will not overburden ZeroSixZero’s systems, as determined by us in our sole discretion;
• Will not disclose sensitive personal information of others;
• Will not be used to send spam or bulk unsolicited messages;
• Will not interfere with, disrupt, or attack any service or network; and
• Will not be used to create, distribute, or enable material that is - or that facilitates or operates in conjunction with - malware, spyware, adware, or other malicious programs or code.

8. Service Availability

All ZeroSixZero Products and Services are made available through the z6z.co website and other ZeroSixZero websites. We take great care and dedicate considerable time and resources to ensuring these sites are available at all times, including high availability configurations, redundancy & disaster recovery practices. However, we cannot guarantee 100% uptime of our websites and services.

9. Access to Pre-Release Features and custom interfaces

Pre-release Features

Under certain circumstances, at our discretion, we may grant you and your account access to beta testing “pre-release” features of our products or services. We are constantly innovating our products and services and we love the opportunity to share some of these experiments with our adventurous customers. We work hard to ensure all of our features are performant and reliable, pre-release features are subject to the following limitations:

• Performance of pre-release features cannot be guaranteed and we may need to disable or modify functionality if we find that it is unreliable or doesn’t meet our standards for performance.
• We encourage feedback about our pre-release features, and the same guidelines apply as set forth in section 10 of these Terms, notably that we can’t guarantee that the feedback will make it into the production release of the feature, and with the understanding that we may use any feedback from you in our products and services.
• Pre-release features may change in functionality without notice, though we make every attempt to ensure their operation is consistent.
• Under certain circumstances, we may ask you to sign a a non-disclosure agreement in order to access certain pre-release functionality.

Custom Interfaces

To facilitate streamlined and / or self-service operation of some of our Products and Services, we may from time to time provision access to custom dashboards, configuration user interfaces, APIs, or applications (collectively “Custom Interfaces”). Some examples purposes of these Custom Interfaces may include dashboards, custom media uploading, third party authentication configuration, map provisioning configuration, expedition status/dashboards, text based expedition data reports, analytics or API feeds for sponsors, third parties nominated by you. Custom Interfaces are provisioned or configured subject to the following conditions:

• We may need to disable or modify functionality of Custom Interfaces, including APIs if we find that they are unreliable or impacting the operations of our Products and Services, or for any reason at our discretion.
• We may at our discretion charge a fee for the provisioning of Custom Interfaces, this fee is intended to cover the additional overhead involved in the provisioning, customization, maintenance and hosting of the Custom Interface, but does not transfer any ownership of the Custom Interface and your use of Custom Interfaces remains subject to the Intellectual Property and related ownership terms set out in this document - all Custom Interface work product remains the property of ZeroSixZero.
• Custom Interface development may require extensive feedback for us to determine the most effective Custom Interface for a particular Customer’s use of a particular Product or Service, and any feedback or requirements provided to ZeroSixZero for the provisioning of Custom Interfaces is provided with the understanding that we may use any feedback from you in our products and services at our discretion. The Feedback guidelines set forth in section 10 of these terms (“Feedback”) apply to Custom Interfaces. If you do not want to license Custom Interface feedback to ZeroSixZero as set forth in these Terms, we ask that you do not provide your Feedback to ZeroSixZero.
• The scope of Custom Interfaces will be decided at the discretion of ZeroSixZero, and any limitations placed on Custom Interfaces may be set by ZeroSixZero and are subject to change at our discretion.

10. Feedback

As our customer, we love it when you provide feedback, comments, suggestions, ideas, feature requests, enhancement requests, recommendations or other communications or information about how we can help to make our Products and Services even better for our community (collectively, “Feedback”). In providing this feedback, you agree that you hereby grant ZeroSixZero a non-exclusive, transferable, worldwide, sub-licensable, irrevocable, perpetual, assignable, royalty-free license to copy, distribute, create derivatives of, perform, publicly display and otherwise exploit such Feedback and to make, have made, sell, use, import or export products and services based on the Feedback provided. If you do not want to license Feedback to us as set forth above, we ask that you do not provide your Feedback to ZeroSixZero.

11. Limitations of Service for Emergency Operations

Our Products and Services are not intended for use as a safety device and they are not a substitute for taking safety precautions. Our map may not display sufficient metadata to be able to identify the exact time and location of a GPS position, and when using some features, there is an intentional delay in displaying realtime location data on the map. Furthermore, certain features and functions of ZeroSixZero can place a location on a map at an artificial, or ‘staging’ position, which would not represent the actual location of any tracker. The map data therefore cannot be relied upon for search and rescue or emergency purposes. When using ZeroSixZero provided tracking hardware or apps, the devices may not have search & rescue subscriptions or Search and Rescue notification functionality, and it is your responsibility to ensure you have adequate emergency notification procedures, Search & Rescue plans and any other emergency plans, insurance and coverage. Stay safe out there!

12. No Reverse Engineering

• You must not reverse engineer, dissasemble, decompile, modify, or otherwise alter or seek to derive the trade secrets and other inherent intellectual property of ZeroSixZero; or
• License, sublicense, sell, resell, rent, lease, transfer, assign, distribute, or otherwise commercially exploit or make ZeroSixZero Product(s) or Service(s) available to any third party.
• You can not, without obtaining permission from ZeroSixZero, replace our hosted maps with Screenshots of our maps, nor can you download, cache or copy the hosted HTML/CSS/Javascript or any other component of the hosted map, or re-serve a static version of the map content from another server. ZeroSixZero maps are only available as a hosted products, served via ZeroSixZero’s websites.

13. Intellectual Property Ownership

You acknowledge and agree that ZeroSixZero retains all rights, title, and interest in and to all intellectual property rights in the Maps, including but not limited to their design, style, layout, and any other elements, irrespective of any input, direction, or specifications provided by you. Any use of the Maps not expressly permitted by these Terms is a breach of these Terms and may violate copyright, trademark, and other laws.

14. Non-Compete

You agree not to use the information or materials obtained through ZeroSixZero’s Service to create a competing product or service, or to assist a third party in doing so. Any such action is considered a breach of these Terms.

15. Printing and Rendering

You must not render to disk, print, screen capture, screen record, video export ZeroSixZero map products without first confirming that any third party basemap or data provider licenses allow these purposes. To obtain information about ZeroSixZero products which are available and licensed for these purposes, please contact explore@zerosixzero.co.

16. Confidentiality

You acknowledge that the ZeroSixZero Products and Services contain valuable trade secrets, the disclosure of which would cause irreparable harm. You will keep confidential details of operation of ZeroSixZero’s Products and Services, and the financial terms of any agreement with us. You are free to disclose general functions of the Products and Services, as well the fact that you use ZeroSixZero’s products and services. You agree to report any actual or threatened unauthorized use or disclosure of confidential information to us.

17. Use of your name

You agree that We can identify you as our Customer, and that we may use your name, logo, and description in our website and marketing.

18. Specific Service Terms

a. z6z.co maps

https://z6z.co enables you to create beautiful adventure tracking and storytelling maps, and gives you access to these maps fully hosted by ZeroSixZero. A z6z.co account also allows you to sign into some of our Services. ZeroSixZero’s basic service is available for a fee, with prices dependent on features such as customized design, multiple markers, reusable maps, APIs, integration with third party services. Our service is designed to give you as much control over your map as possible and we encourage you to express yourself and tell your story freely. You own all content you post to your map. However, be responsible in what you publish. In particular, make sure that none of the prohibited items (like spam, viruses, obscene images or serious threats of violence) appear on your map. If you find a ZeroSixZero map that you believe violates these Terms, please contact us at explore@zerosixzero.co.

Your z6z.co Map. If you create a map through our map generation tools or if we create a map on your behalf through the use of one of our services, you may get to use a URL path, such as “z6z.co/jerome “or “z6z.co/thelongway”. You must not engage in “URL path squatting,” claim an unreasonable number of URL paths (as determined by us), or sell access to any URL paths. If you choose to change the URL path, you can do so by reaching out to our team at explore@zerosixzero.co. We will make all efforts to redirect your original URL path to your new one, but we reserve the right to repurpose your former URL path if we determine it necessary.

Limitations. Certain functionality of our map Products and Services may be subject to certain limitations (such as number of GPS positions, photos, coverage of basemap data, statistical calculations). These limitations may be set by ZeroSixZero and are subject to change at our discretion.

Removing Content. If you delete Content, we will use reasonable efforts to remove it from public view (or in the case of a private map, from view by the authorized visitors) on z6z.co, but you acknowledge that caching or references to the Content may not be made immediately unavailable.

Prohibited Uses. By using ZeroSixZero, you represent and warrant that your Content and conduct do not violate the User Guidelines.

Attribution. We reserve the right to display attribution text or links in your map footer, attributing ZeroSixZero or third party providers. Some of these attributions may not be altered or removed. For more details about what these attributions might look like, please contact us.

Embedding. We provide embedding links for your map to be served through your website via an iFrame. iFrames are a standard HTML feature and should not impact any other aspect of your website, we take all care possible in ensuring that the content we share for the iFrame is performant and error-free, though we are not responsible for any performance issues or errors caused by the iFrame content on your website.

19. Copyright Infringement and DMCA Policy

As we ask others to respect our intellectual property rights, we respect the intellectual property rights of others. If you believe that material located on or associated with a ZeroSixZero product or service violates your copyright, please notify us in by emailing explore@zerosixzero.co. We will respond to all such notices, including as required or appropriate by removing the infringing material or disabling all links to the infringing material. We will terminate a visitor’s access to and use of the website if, under appropriate circumstances, the visitor is determined to be a repeat infringer of the copyrights or other intellectual property rights of ZeroSixZero or others. In the case of such termination, we will have no obligation to provide a refund of any amounts previously paid to us.

20. Intellectual Property

The Agreement does not transfer from ZeroSixZero to you any ZeroSixZero or third party intellectual property, and all right, title, and interest in and to such property will remain (as between the parties) solely with ZeroSixZero. ZeroSixZero, z6z.co, the Zero Six Zero logo, and all trademarks, service marks, graphics, and logos used in connection with ZeroSixZero or our Services, are trademarks or registered trademarks of ZeroSixZero or ZeroSixZero’s licensors. Other trademarks, service marks, graphics, and logos used in connection with our Services may be the trademarks of other third parties. Your use of our Services grants you no right or license to reproduce or otherwise use any ZeroSixZero or third party trademarks.

21. User Data, License, Use and Modification

During typical use of our Products and Services, you may upload content including GPS positions, audio, videos, images, hyperlinks, geographical feature, fitness tracker data, etc (collectively, “User Data”). You retain ownership and all rights of any User Data you upload, and grant ZeroSixZero the non-exclusive right to use this data across our Products and Services for the purposes of providing these Products and Services. You also grant ZeroSixZero the right to modify this data if necessary to facilitate the operation of our Products and Services. This could include, for example, modifying, color correcting, resizing images, audio and video, or adjusting GPS tracks where necessary. By uploading User Data to ZeroSixZero, you agree that you grant, and have the rights necessary to grant, ZeroSixZero a worldwide, perpetual, sublicensable, nonexclusive, transferable, royalty-free license to this data, but only for our purposes of displaying, distributing and promoting our Products and Services. You also agree when submitting User Data that have all necessary permissions, licenses and ownership to use the User Data content.

Your User Data responsibilities

When submitting User Data to ZeroSixZero Products or Services, you must ensure that you will not submit User Data that:

• is racist, bigoted, hateful, violent, vulgar, obscene, pornographic, sexually explicit or otherwise offensive;
• harms or can reasonably be expected to harm any person or entity;
• threatens, abuses, harasses, or invades the right of privacy of another person;
• violates or infringes any right of a third party, including: (a) copyright, patent, trademark, trade secret or other proprietary or contractual rights; (b) right of privacy (specifically, you must not distribute another person's personal information of any kind without their express permission) or publicity; or (c) any confidentiality obligation;
• is illegal or encourages or advocates illegal activity or the discussion of illegal activities with the intent to commit them, including a User Submission that is, or represents an attempt to engage in, child pornography, stalking, sexual assault, fraud, trafficking in obscene or stolen material, drug dealing and/or drug abuse, harassment, theft, or conspiracy to commit any criminal activity;
• is commercial, business-related or advertises or offers to sell any products, services or otherwise (whether or not for profit), or solicits others (including solicitations for contributions or donations);
• contains a virus or other harmful component, or otherwise tampers with, impairs or damages the ZeroSixZero Sites or any connected network, or otherwise interferes with any person or entity's use or enjoyment of the ZeroSixZero’s Sites;
• (a) does not generally pertain to the designated topic or theme of the relevant Public Forum; (b) violates any specific restrictions applicable to a Public Forum, including its age restrictions and procedures; or (c) is antisocial, disruptive, or destructive, including "flaming," "spamming," "flooding," "trolling," and "griefing" as those terms are commonly understood and used on the Internet; or
• is false or misleading.

22. Tracking Hardware

Tracking hardware provided by, or rented from, ZeroSixZero is provided without insurance coverage, and is subject to a loss/damage replacement charge of up to $350USD per device (the retail replacement value). If you believe that there is a high risk of losing or damaging the hardware, based on your event, it is your responsibility to obtain insurance.

23. Third Party Services

While using our Products and Services, you may enable or use services, products, plugins, APIs, embeds, or applications developed by a third party or yourself (“Third Party Services”) on your map. If you use any Third Party Services, you understand that ZeroSixZero takes all steps possible to ensure compatibility and performance with Third Party Services, but is not responsible for content or functionality from Third Party Services.

In rare cases, we may at our discretion, suspend, disable, or remove Third Party Services from your account or map.

24. Our right to modify the scope of our Products and Services

We have the right to modify, extend, remove or stop our ZeroSixZero sites, applications, functionality, Products and Services at any time.

25. Changes

We are constantly updating our Services and that means sometimes we have to change the legal terms under which our Services are offered. These Terms may only be modified by a written amendment signed by an authorized executive of ZeroSixZero, or by the posting by ZeroSixZero of a revised version. If we make changes that are material, we will let you know by posting on our website, or by sending you an email or other communication before the changes take effect. The notice will designate a reasonable period of time after which the new terms will take effect. If you disagree with our changes, then you should stop using our Services within the designated notice period, or once the changes become effective. Your continued use of our Services will be subject to the new terms. However, any dispute that arose before the changes shall be governed by the Terms (including the binding individual arbitration clause) that were in place when the dispute arose.

26. Termination

We may terminate your access to all or any part of our Services at any time, with or without cause, with or without notice, effective immediately. We have the right (though not the obligation) to, in our sole discretion, (i) reclaim your username or map URL paths due to prolonged inactivity, (ii) refuse or remove any Content that, in our reasonable opinion, violates any ZeroSixZero policy or is in any way harmful or objectionable, or (iii) terminate or deny access to and use of any of our Services to any individual or entity for any reason. We will have no obligation to provide a refund of any amounts previously paid.

If you wish to terminate the Agreement or your ZeroSixZero account, you may simply discontinue using our Services, or, if you are using a paid service, you may cancel at any time, subject to the Fees, Payment, and Renewal section in these Terms.

All provisions of the Agreement which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity, and limitations of liability.

27. Remedies for breach

You acknowledge and agree that a breach or threatened breach of these Terms would cause irreparable harm to ZeroSixZero for which monetary damages would be inadequate. In the event of such breach or threatened breach, ZeroSixZero will be entitled to injunctive or other equitable relief, in addition to any other remedies available at law or in equity.

28. Disclaimer of Warranties

Our Services are provided “as is.” ZeroSixZero 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 ZeroSixZero, nor its suppliers and licensors, makes any warranty that our Services 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, our Services at your own discretion and risk.

29. Jurisdiction and Applicable Law.

Except to the extent any applicable law provides otherwise, the Agreement and any access to or use of our Services will be governed by the law of the United States of America, and any one of the states therein (which state’s law shall be determined by any court of competent jurisdiction should a dispute arise relating to the Agreement).

The parties to the Agreement agree that the United Nations Convention on Contracts for the International Sale of Goods shall not govern the Agreement.

30. Limitation of Liability

In no event will ZeroSixZero, or its suppliers, partners, or licensors, be liable with respect to any subject matter of the 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 for substitute products or services; (iii) for interruption of use or loss or corruption of data; or (iv) for any amounts that exceed $50 or the fees paid by you to ZeroSixZero under the Agreement during the twelve (12) month period prior to the cause of action, whichever is greater. ZeroSixZero 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.

31. Indemnification

You agree to indemnify and hold harmless ZeroSixZero, its contractors, and its licensors, and their respective directors, officers, employees, and agents from and against any and all losses, liabilities, demands, damages, costs, claims, and expenses, including attorneys’ fees, arising out of or related to your use of our Services, including but not limited to your violation of these terms or any agreement with a provider of third-party services used in connection with the Services, Content that you post, and any ecommerce activities conducted through your or another user’s website.

32. US Economic Sanctions

You expressly represent and warrant that your use of our Services and/or associated services and products is not contrary to applicable U.S. Sanctions. Such use is prohibited, and we reserve the right to terminate accounts or access of those in the event of a breach of this condition.

33. Data Processing Agreement

If you need a Data Processing Agreement with us for the GDPR requirements that apply to us as a data processor for your website, please contact us at explore@zerosixzero.co.

34. Translation

These Terms were originally written in English. We may translate these terms into other languages. In the event of a conflict between a translated version of these Terms and the English version, the English version will control.

35. Miscellaneous

The Agreement constitutes the entire agreement between ZeroSixZero and you concerning the subject matter hereof. If any part of the Agreement is held invalid or unenforceable, that part will be construed to reflect the parties’ original intent, and the remaining portions will remain in full force and effect. A waiver by either party of any term or condition of the Agreement or any breach thereof, in any one instance, will not waive such term or condition or any subsequent breach thereof. You may assign your rights under the Agreement to any party that consents to, and agrees to be bound by, its terms and conditions; ZeroSixZero may assign its rights under the Agreement without condition. The Agreement will be binding upon and will inure to the benefit of the parties, their successors and permitted assigns. These Terms are for the benefit of ZeroSixZero and its officers, directors, employees, agents, licensors, suppliers, and any third party information providers to ZeroSixZero. Each of these individuals or entities shall have the right to assert and enforce these Terms directly against you on its own behalf.