Terms of Service

Please read these terms carefully before using Zlaark's testimonial platform. For any questions, contact us at [email protected].

Terms of Service

1. Introduction

Welcome to Zlaark ('we,' 'our,' or 'us'). Zlaark provides a platform for creating and managing testimonial boards. These Terms of Service ('Terms') govern your access to and use of Zlaark's website, services, and applications (collectively, the 'Service'). By accessing or using the Service, you agree to be bound by these Terms. If you disagree with any part of the Terms, you may not access the Service. Our platform allows freelancers and business owners ('Users') to collect, display, and manage testimonials from their clients ('Testimonial Providers').

2. Services

Our services include, but are not limited to: (a) Creation of customizable testimonial boards: Users can design and customize their own testimonial collection and display pages. (b) Unique links for collecting testimonials: Each User receives a unique URL to share with their clients for testimonial submission. (c) Embedding options for websites: Users can embed their testimonial boards directly into their own websites using our provided code snippets. (d) Downloading individual testimonials: Users have the ability to download testimonials in various formats for offline use or marketing purposes. (e) Management and moderation of testimonials: Users can approve, reject, or edit testimonials before they are displayed publicly. (f) Analytics and reporting: We provide insights into testimonial engagement and performance. Zlaark reserves the right to modify, suspend, or discontinue any part of the Service at any time, with or without notice to you.

3. Account Registration and Security

To access certain features of the Service, you must register for an account. You agree to provide accurate, current, and complete information during the registration process and to update such information to keep it accurate, current, and complete. You are responsible for safeguarding the password that you use to access the Service and for any activities or actions under your password. You agree not to disclose your password to any third party. You must notify us immediately upon becoming aware of any breach of security or unauthorized use of your account. You may not use as a username the name of another person or entity or that is not lawfully available for use, a name or trademark that is subject to any rights of another person or entity other than you without appropriate authorization, or a name that is otherwise offensive, vulgar or obscene.

4. User Content

Our Service allows Users to collect and display content provided by Testimonial Providers ('User Content'). You retain all rights in, and are solely responsible for, the User Content you collect through our platform. By using the Service, you grant Zlaark a worldwide, non-exclusive, royalty-free license to use, reproduce, modify, adapt, publish, translate, and distribute User Content in any existing or future media. This license is for the limited purpose of operating, promoting, and improving our Service. You represent and warrant that: (i) the User Content is yours or you have the right to use it and grant us the rights and license as provided in these Terms, and (ii) the posting of your User Content on or through the Service does not violate the privacy rights, publicity rights, copyrights, contract rights or any other rights of any person. You are responsible for ensuring you have the right to collect and display testimonials from your clients, including obtaining necessary permissions and consents.

5. Prohibited Uses

You agree not to use the Service: (a) For any unlawful purpose or to solicit the performance of any illegal activity or other activity which infringes the rights of Zlaark or others. (b) To collect false, misleading, or fraudulent testimonials. (c) To impersonate or attempt to impersonate another user, person, or entity. (d) To infringe upon or violate our intellectual property rights or the intellectual property rights of others. (e) To harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability. (f) To submit false or misleading information. (g) To upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet. (h) To collect or track the personal information of others. (i) To spam, phish, pharm, pretext, spider, crawl, or scrape. (j) For any obscene or immoral purpose. (k) To interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet. We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses.

6. Intellectual Property

The Service and its original content (excluding User Content), features, and functionality are and will remain the exclusive property of Zlaark and its licensors. The Service is protected by copyright, trademark, and other laws of both the United States and foreign countries. Our trademarks and trade dress may not be used in connection with any product or service without the prior written consent of Zlaark. You acknowledge and agree that any feedback, comments, or suggestions you may provide regarding the Service ('Feedback') will be the sole and exclusive property of Zlaark and you hereby irrevocably assign to us all of your right, title, and interest in and to all Feedback.

7. Termination

We may terminate or suspend your account and bar access to the Service immediately, without prior notice or liability, under our sole discretion, for any reason whatsoever and without limitation, including but not limited to a breach of the Terms. If you wish to terminate your account, you may simply discontinue using the Service. All provisions of the Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.

8. Limitation of Liability

In no event shall Zlaark, nor its directors, employees, partners, agents, suppliers, or affiliates, be liable for any indirect, incidental, special, consequential or punitive damages, including without limitation, loss of profits, data, use, goodwill, or other intangible losses, resulting from (i) your access to or use of or inability to access or use the Service; (ii) any conduct or content of any third party on the Service; (iii) any content obtained from the Service; and (iv) unauthorized access, use or alteration of your transmissions or content, whether based on warranty, contract, tort (including negligence) or any other legal theory, whether or not we have been informed of the possibility of such damage, and even if a remedy set forth herein is found to have failed of its essential purpose.

9. Disclaimer

Your use of the Service is at your sole risk. The Service is provided on an 'AS IS' and 'AS AVAILABLE' basis. The Service is provided without warranties of any kind, whether express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, non-infringement or course of performance. Zlaark, its subsidiaries, affiliates, and its licensors do not warrant that a) the Service will function uninterrupted, secure or available at any particular time or location; b) any errors or defects will be corrected; c) the Service is free of viruses or other harmful components; or d) the results of using the Service will meet your requirements.

10. Governing Law

These Terms shall be governed and construed in accordance with the laws of the State of Delaware, United States, without regard to its conflict of law provisions. Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect. These Terms constitute the entire agreement between us regarding our Service, and supersede and replace any prior agreements we might have had between us regarding the Service.