Terms of Use

Thank you for using Zorbabook platform (“Zb platform”, “Zb”, “Zb Services”).  Please read these terms carefully before you start using the services applicable to your use of Zb. By using Zb, you confirm that you accept these terms and agree to comply with them.

If you disagree with any of these terms, you must not use Zb platform.  Zb reserves the right to update and change these terms of use from time to time (see section 9 Amendments).

Date: August 25, 2016

The name “ZORBABOOK” and all its affiliate names that might appear in the present Web site or Web platform and any other future Web link of this site, are an exclusive property of the company “GASTRONOMIA ZB LIMITED” that has been incorporated under the Cyprus Commercial Law, Cap. 113 as a Limited Liability Company and all rights are reserved.


The “GASTRONOMIA ZB LIMITED” COMPANY maintains all rights of the name “ZORBABOOK” of this Web site/platform and the interactive services herein, that are either free of charge or not, are property of the company. By using any interactive or none interactive services contained or provided herein, you are agreeing to comply with and be bound by the terms, conditions and notices relating to its use and its name “WWW. ZORBABOOK.COM”.
By using the present site/platform you accept and declare that no copy or use of the name “ZORBABOOK” or its variations can be used beyond herein or used in unlawful or prohibited way.
In case of any unlawful attempt to use or relate the name “ZORBABOOK” and all its affiliate names with such acts, the COMPANY “GASTRONOMIA ZB LIMITED” and all its lawful owners and entities reserve the right to take immediate legal actions in order to maintain and preserve its rights.

STATEMENT OF RIGHTS AND RESPONSIBILITIES

This Statement of Rights and Responsibilities (“Statement”, “Terms”, or “SRR”) derives from the Zb Principles, and is our terms of use that governs our relationship with users and others who interact with Zb, as well as Zb brands, products and services, which we call the “Zb Services” or “Services”.  By using or accessing the Zb Services, you agree to this Statement, as updated from time to time in accordance with Section 9 Amendments below.  Additionally, please refer to the Content Guidelines document, which will help you better understand how Zb works and how to use it.

Zb provides a wide range of Services future additional ones, we may therefore ask you to review and accept supplemental terms that apply to your interaction with a specific app, product or service.  To the extent those supplemental terms conflict with this SRR, the supplemental terms associated with the app, product or service govern with respect to your use of such app, product or service to the extent of the conflict.

Other applicable terms

These terms of use refer to the following additional terms, which also apply to your use of Zb platform:

  • Our Privacy Policy, which sets out the terms on which we process any personal data we collect from you, or that you provide to us. By using Zb platform, you consent to this processing and you warrant that all data provided by you is accurate.
  • Our Cookie Policy
  • Our Social Media Moderation Policy

The information on this platform is intended to be useful and informative for users, companies, chefs, associations and others interested in Zb.

Please note that Zb cannot guarantee the information is accurate, complete or up-to-date and it shall not be liable for any losses or damage that anyone may suffer as a result of relying on this information.

All actions on Zb platform can only be performed under and in accordance with Protocol 10 of the Accession Treaty 2003 (OJ L 236 – 23.9.2003) CY law and EU acts.

 

1.  ACCESSING OUR PLATFORM

You are responsible for making all arrangements necessary for you to have access to our platform.

It is your responsibility to ensure that all persons accessing our platform through your internet connection are aware of these terms of use and other applicable terms and conditions, and that they comply with them.

If you use any part of our platform in breach of these terms of use, your right to use our platform will cease immediately.

2. REGISTRATION AND ACCOUNT SECURITY

 Here below are some commitments you make to us relating to registering and maintaining the security of your account:

  1. You must not create an account for anyone other than yourself without permission.
  2. You will not use Zb if you are under 13.
  3. You will not use Zb if you are a convicted *** offender.
  4. You will keep your contact information accurate and up-to-date.
  5. You will not share your password, let anyone else access your account, or do anything else that might jeopardize the security of your account.
  6. You will not transfer your account (including any Page or application you administer) to anyone without first getting our written permission.
  7. If you select a username or similar identifier for your account or Page, we reserve the right to remove or reclaim it if we believe it is appropriate (such as when a trademark owner complains about a username that does not closely relate to a user's actual name).

 3. SHARING YOUR CONTENT AND INFORMATION

 You own all the content and information you post on Zb, and you can control how it is shared through your privacy and application settings.

In addition:

  1. Zb platform allows you to post content, including photos, videos, events, pages, comments, links and other material.  Anything that you post or otherwise make available on our Products/Services is referred to as “User Content”.  You retain all rights in, and are solely responsible for, the User Content you post to Zb Community.
  2. For content that is covered by intellectual property rights, like photos and videos (IP content), you specifically give us the following permission, subject to your privacy and application settings:  You grant Zb Community a non-exclusive, royalty-free, transferable, sub-licensable, worldwide licence to use, store, display, reproduce, share, modify, create derivative works, perform and distribute your User content on or in connection with Zb Community (IP licence).  This IP licence ends when you delete your IP content or your account unless your content has been shared with others, and they have not deleted it.
  3. You grant Zb Community and its users a non-exclusive, royalty-free, transferable, sub-licensable, worldwide licence to use, store, display, reproduce, share, modify, create derivative works, perform and distribute your User content on Zb Community solely for the purposes of operating, developing, providing and using the Zb Community Products/Services.  We reserve the right to remove or modify User content for any reason, including User content we believe violates these Terms or our Policies. Copies of content shared with others may remain after you delete the content.
  4. When you use an application, the application may ask for your permission to access your content and information as well as content others have shared with you.  We require applications to respect your privacy and your agreement with that application will control how the application can use, store and transfer that content and information.
  5. When you publish content or information using the Public setting, it means that you are allowing everyone, including non-users of Zb Community to access and use that information, and to associate it with you (i.e., your name and profile picture).
  6. When you publish content or information using the Public setting, it means that you are allowing everyone, including non Zb members, to access and use that information, and associate it with you
  7. Following termination or deactivation of your account, or if you remove any User content from Zb Community, we may retain your User content for a commercially reasonable period of time for backup, archival, or audit purposes.  Furthermore, Zb Community and its users may retain and continue to use, store, display, reproduce, share, modify, create derivative works, perform and distribute any of your User content that other users have stored or shared through Zb Community.
  8. We value hearing from our users, and are always interested in learning about ways to improve Zb Community.  Should you choose to submit comments, ideas or feedback, you agree that we use them without any restriction or compensation to you.  By accepting your submission, Zb Community does not waive any rights to use similar or related feedback previously known to Zb Community, or developed by its employees, or obtained from sources other than you. 
4. SAFETY 

We do our best to keep Zbplatform safe, but we cannot guarantee it. We need your help to keep Zb safe, which includes the following commitments by you:

  1. You will not post unauthorized commercial communications (such as spam) on Zb.
  2. You will not collect users' content or information, or otherwise access Zb, using any systems or means, automated or otherwise, to access, acquire, copy, scrape, harvest, or monitor any part of the Services without our prior permission.
  3. You will not engage in unlawful multi-level marketing, such as a pyramid scheme on Zb.
  4. You must not misuse Zb by knowingly introducing viruses, trojans, worms, logic bombs or other material which is malicious or technologically harmful.
  5. You must not attempt to gain unauthorised access to Zb, the server Zb is stored or any server, computer or database connected to Zb.
  6. You may link to our home page, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists and you must not establish a link to Zb in any website that is not owned or legally administrated by you.  We reserve the right to withdraw linking permission without notice. The website from which you are linking must comply in all respects with the content standards set out in any acceptable use terms we have in place from time to time.
  7. Where Zb contains links to other sites and resources provided by third parties, these links are provided for your information only. We have no control over the contents of those sites or resources, and accept no responsibility for them or for any loss or damage that may arise from your use of them.
  8. You will not solicit login information or access an account belonging to someone else on Zb.
  9. You will not post content that: is hate speech, threatening, or pornographic; incites violence; or contains nudity or graphic or gratuitous violence on Zb.
  10. You will not upload, post, develop or operate on Zb a third-party application containing alcohol-related without appropriate age-based restrictions (including advertisements).
  11. You will not upload, post, develop or operate on Zb a third-party application containing dating or other mature content (including advertisements).
  12. You will not use Zb to do anything unlawful, misleading, malicious, or discriminatory.
  13. You will not do anything that could disable, overburden, or impair the proper working or appearance of Zb, such as a denial of service attack or a distributed denial-of service attackor interference with page rendering or other Zb functionality. We will report any such breach to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use Zb will cease immediately.
  14. You will not facilitate, aid or encourage any third party to engage in any activity that would constitute a breach of this Statement, guidelines and our policies.
  15. You will not use any other technologies or initiate any other activities that may harm the Services, or the interests or property of Zb or other users of the Services;

 

5. PROTECTING OTHER PEOPLE’S RIGHTS

  1. We respect other people's rights, and expect you to do the same.
  2. You will not post content or take any action on Zb that infringes or violates someone else's rights or otherwise violates the law.
  3. We can remove any content or information you post on Zb if we believe that it violates this Statement or our policies.
  4. If you repeatedly infringe other people's intellectual property rights, we will disable your account when appropriate.
  5. You will not use our copyrights or Trademarks or any confusingly similar marks, without our prior written permission.
  6. If you collect information from users, you will: obtain their consent, make it clear you (and not Zb) are the one collecting their information, and post a privacy policy explaining what information you collect and how you will use it.
  7. You will not post anyone's identification documents or sensitive financial information on Zb
  8. You will not tag users without their consent.

 

6. PAYMENTS, FEES and OTHER CHARGES

If you choose to access any paid component of our Services, such as creating Professional Company Pages, post an advertisement or other Services, you agree to pay all fees and charges associated with that paid component on time. All such fees and charges are due and payable in advance and are non-refundable.

If you make a payment on Zb, you agree to the following terms, unless it is stated that other terms apply.

  1. All payments are made through PayPal.
  2. You may use your already existing PayPal account or register your card with PayPal. We do not keep any account or card details on our records.
  3. An invoice will be sent to your Zb registered e-mail address, a few days following the payment.

 

7.  ADVERTISEMENTS SPECIAL PROVISIONS

Our goal is to deliver advertising and other commercial or sponsored content that is valuable to our users and advertisers.

If you use our self-service advertising creation interfaces for creation, submission and/or delivery of any advertising or other commercial or sponsored activity or content (collectively, the “Self-Serve Ad Interfaces”), you agree to the following.  In addition, your advertising or other commercial or sponsored activity or content placed on Zb or our publisher network will comply with the following

  1. You give us permission to use your name, profile picture, content, and information in connection with commercial, sponsored, or related content (such as a brand you like) served or enhanced by us. If you have selected a specific audience for your content or information, we will respect your choice when we use it.
  2. We do not give your content or information to advertisers without your consent.
  3. Υou understand that we may not always identify paid services and communications as such.
  4. You can use our self-service advertising creation interfaces for creation, submission and/or delivery of any advertising or other commercial or sponsored activity or content.  Advertising content should comply with sections 2,3,5, 6 of these terms as well as our Privacy and Social Moderation Policies.
  5. Zb Services may present advertisements for or links to Zb community users and/or third party websites, products, and/or services.  We are not responsible for the availability or content of these Third Party Ads, or the images, messages, other materials contained therein.
  6. Zb will not be liable for any errors in content or omissions in any Zb user Ads or Third Party Ads.
  7. Zb will be neither liable nor responsible for any losses or damages or any sort incurred as a result of your participation with, use of, or reliance on Zb user Ads or Third Party Ads including any goods, products or services offered by Zb user Ads or Third Party Ads.

 

8. PROFESSIONAL PAGES SPECIAL PROVISIONS

If you create or administer a Professional Page on Zb, or run a promotion or an offer from your Business (including Chef, Association) and/or Supplier Page, you agree to the following:

  1. You comply with sections 2,3,4,5,6 and 7 above.
  2. Zb will not be liable and/or responsible for the quality of products and services you post or promote on your Zb Professional Page.
  3. Depending on the Subscription Package you have chosen when creating your Zb Professional Page, Ads of other companies might be displayed on your own Professional Page. 
  4. Zb is not liable and/or responsible for any intellectual property rights infringement caused by posts, comments, promotions through your Zb Professional Page.

9.  AMENDMENTS

We reserve the right to make changes to policies, guidelines or other terms referenced or incorporated by this statement from time to time.  If we make material changes we will notify you by email or through a message posted on the Services.

  1. Changes relating to new features or for legal reasons become effective immediately.
  2. Your continued use of the Zb Services, following notice of the changes to our terms, policies or guidelines, constitutes your affirmative acceptance of our modified terms, policies or guidelines.
  3. If you do not agree to, or cannot comply with the amended terms, policies or guidelines you must stop using Zb Services.

 

10. TERMINATION

If you violate the letter or spirit of this Statement, or otherwise create risk or possible legal exposure for us, we can cancel your account. We will notify you by email or the next time you attempt to access your account.  You may also delete your account or disable your Professional Page at any time.  In all such cases, this Statement shall terminate, but the following provisions will still apply:

  1. When you delete your account or disable your Professional Page, it is deleted/disabled in a manner similar to emptying the recycle bin on a computer.  However, you understand that removed content may persist in backup copies for a reasonable period of time (but will not be available to others).
  2. In case you have opened a Business and/or a Supplier page and you are the unique administrator of this page(s), by terminating your user account, your Business or Supplier page(s) will also be deleted.
  3. Sections 11 -17

 
11. DISPUTES

  1. You will resolve any claim, cause of action or dispute (claim) you have with us arising out of or relating to this Statement or Zb according to Cyprus law, and you agree to submit to the personal jurisdiction of such courts for the purpose of litigating all such claims. The laws of Cyprus will govern this Statement, as well as any claim that might arise between you and us, without regard to conflict of law provisions.
  2. If anyone brings a claim against us related to your actions, content or information on Zb, you will indemnify and hold us harmless from and against all damages, losses, and expenses of any kind (including reasonable legal fees and costs) related to such claim. Although we provide rules for user conduct, we do not control or direct users' actions on Zb and are not responsible for the content or information users transmit or share on Zb. We are not responsible for any offensive, inappropriate, obscene, unlawful or otherwise objectionable content or information you may encounter on Zb. We are not responsible for the conduct, whether online or offline, of any user of Zb.
  3. WE TRY TO KEEP Zb UP, BUG-FREE, AND SAFE, BUT YOU USE IT AT YOUR OWN RISK. WE ARE PROVIDING Zb AS IS WITHOUT ANY EXPRESS OR IMPLIED WARRANTIES INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE DO NOT GUARANTEE THAT Zb WILL ALWAYS BE SAFE, SECURE OR ERROR-FREE OR THAT Zb WILL ALWAYS FUNCTION WITHOUT DISRUPTIONS, DELAYS OR IMPERFECTIONS. Zb AND CONSEQUENTLY GASTRONOMIA ZB LTD ARE NOT RESPONSIBLE FOR THE ACTIONS, CONTENT, INFORMATION, OR DATA OF THIRD PARTIES, AND YOU RELEASE US, OUR DIRECTORS, OFFICERS, EMPLOYEES, AND AGENTS FROM ANY CLAIMS AND DAMAGES, KNOWN AND UNKNOWN, ARISING OUT OF OR IN ANY WAY CONNECTED WITH ANY CLAIM YOU HAVE AGAINST ANY SUCH THIRD PARTIES. IF YOU ARE A CALIFORNIA RESIDENT, YOU WAIVE CALIFORNIA CIVIL CODE §1542, WHICH SAYS: A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR. WE WILL NOT BE LIABLE TO YOU FOR ANY LOST PROFITS OR OTHER CONSEQUENTIAL, SPECIAL, INDIRECT, OR INCIDENTAL DAMAGES ARISING OUT OF OR IN CONNECTION WITH THIS STATEMENT OR Zb OR GASTRONOMIA ZB LTD, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. Zb AND CONSEQUENTLY GASTRONOMIA ZB LTD AGGREGATE LIABILITY ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR FROM THE USE OF OR INABILITY TO USE THE SERVICES OR CONTENT IN NO EVENT WILL EXCEED THE GREATER OF US ONE HUNDRED DOLLARS (US $100) OR THE AMOUNT YOU HAVE PAID GASTRONOMIA ZB LTD IN THE PAST TWELVE MONTHS. APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY OR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. IN SUCH CASES, Zb'S LIABILITY WILL BE LIMITED TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW.

12. LIMITATION OF OUR LIABILITY

Zb and consequently Gastronomia ZB LTD or any other party involved in creating, producing, or delivering the services or content will NOT be liable to YOU for any incidental, special, exemplary or consequential loss or damage, whether based on warranty, contract, tort (including negligence), breach of statutory duty, product liability or otherwise, even if foreseeable and whether or not Zb has been informed of the possibility of such damage, even if foreseeable, arising under or in connection with:

  1. use of, or inability to use the Services; or
  2. service interruption, computer damage or system failure or the cost of substitute services
  3. use of or reliance on any content displayed on our platform.
  4. If you are a professional (business, supplier, chef, association) user, please note that in particular, we will not be liable for a)loss of profits, sales, business, or revenue; b) loss of data; c) business interruption; d) loss of anticipated savings; e) loss of business opportunity, goodwill or reputation; or f) any indirect or consequential loss or damage.
  5. You are not permitted to: (a) modify, download, intercept, or create any derivative works of the Services, including any translations or localizations thereof; (b) access or use the Services through an application or means not authorized by Zb; (c) copy, store, edit, change, exploit, download, prepare any derivative work of, or alter in any way any of the content made available through the Services; (d) license, sell, rent, lease, encumber, transfer, assign, distribute, disclose, post, make available, permit time sharing or simultaneous use of, or otherwise exploit the Services to or for the benefit of any third party; (e) reverse engineer, decompile, disassemble, or otherwise attempt to derive the source code, algorithms, underlying ideas, or structure or organization of the Services; (f) remove or alter any trademark, logo, copyright or other proprietary notices, legends, symbols, or labels on the Services; (g) publish or provide any results of any Services, in whole or in part, aggregated or otherwise, to a third party without Zb prior written consent (h) circumvent any technological measures employed by or on behalf of Zb to protect the Services;
  6. Any use of the Services not specifically permitted under these Terms is strictly prohibited.
13. INDEMNITY

You will indemnify and hold harmless Zb and its directors, employees and agents, from and against any claims, disputes, demands, liabilities, damages, losses, and costs and expenses, including, without limitation, reasonable legal and accounting fees, arising out of or in any way connected with (a) your access to or use of the Services or Content; (b) your User Content; or (c) your violation of these Terms.

14. SPECIAL PROVISIONS APPLICABLE TO USERS OUTSIDE CYPRUS

Our aim is to create a global community with consistent standards for everyone interested in Greek and Cypriot Gastronomia as well as to create a one stop shop for Greek and Cypriot Diaspora, but we also strive to respect local laws.  The following provisions apply to users and non-users who interact with Zb outside Cyprus.

  1. You consent to having your personal data transferred to and processed, maintained on and stored on computers located outside of your state, province, country or other governmental jurisdiction.
  2. If you are located in a country embargoed by Cyprus you will not engage in commercial activities on Zb (such as advertising or payments) or operate website applications or platforms.  You will not use Zb if you are prohibited from receiving products, services, or software originating from Cyprus.

 

15. DEFINITIONS

By "Zb" or “Zb platform” or” Zb Services” “Zb Community” we mean the features and services we make available, including through (a) our site/platform WWW.ZORBABOOK.COM;(b) any other Zb branded or co-branded websites (including sub-domains, international versions, widgets, and mobile versions); (c) social plugins such as the Like button, the Share button and other similar offerings; and (d) other media, brands, products, services, software (such as a toolbar), devices, or networks now existing or later developed. Zb reserves the right to designate, in its sole discretion, that certain of our brands, products, or services are governed by separate terms and not this SRR.

By "Platform" we mean a set of APIs and services (such as content) that enable others, including application developers and website operators, to retrieve data from Zb or provide data to us.

By "information" we mean facts and other information about you, including actions taken by users and non-users who interact with Zb.

By "content" we mean anything you or other users post, provide or share using Zb Services.

By "data" or "user data" or "user's data" we mean any data, including a user's content or information that you or third parties can retrieve from Zb or provide to Zb through Platform.

By "post" we mean post on Zb or otherwise make available by using Zb.

By "use" we mean use, run, copy, publicly perform or display, distribute, modify, translate, and create derivative works of.

By "application" we mean any application or website that uses or accesses Platform, as well as anything else that receives or has received data from us. If you no longer access Platform but have not deleted all data from us, the term application will apply until you delete the data.

By “Trademarks” we mean the list of trademarks provided here.

 

16. OTHER

  1. This Statement is an agreement between you and Zb. References to “us,” “we,” and “our” mean Zb.
  2. This Statement makes up the entire agreement between the parties regarding Zb, and supersedes any prior agreements.
  3. If any portion of this Statement is found to be unenforceable, the remaining portion will remain in full force and effect.
  4. If we fail to enforce any of this Statement, it will not be considered a waiver.
  5. Any amendment to or waiver of this Statement must be made in writing and signed by us ???.
  6. You will not transfer any of your rights or obligations under this Statement to anyone else without our consent.
  7. All of our rights and obligations under this Statement are freely assignable by us in connection with a merger, acquisition, or sale of assets, or by operation of law or otherwise.
  8. Nothing in this Statement shall prevent us from complying with the law.
  9. This Statement does not confer any third party beneficiary rights.
  10. We reserve all rights not expressly granted to you.

 

17. APPLICABLE LAW

You will comply with all applicable laws when using or accessing Zb.

 If you are an individual, please note that these terms of use, its subject matter and its formation, are governed by Cyprus law. You and we both agree to that the courts of Cyprus will have non-exclusive jurisdiction.

If you are a business entity, Association these terms of use, its subject matter and its formation (and any non-contractual disputes or claims) are governed by Cyprus law. We both agree to the exclusive jurisdiction of the courts of Cyprus.

For any queries, please send us an email by clicking the Contact Us tab at the footer on any page.