Terms of Service

Last Updated: 2025-03-05

Welcome to Zametka.com! These Terms of Service ("Terms") govern your access to and use of the Zametka.com website and services (collectively, the "Service"). Please read these Terms carefully before using the Service. By accessing or using the Service, you agree to be bound by these Terms and our Privacy Policy. If you do not agree to these Terms or the Privacy Policy, you may not access or use the Service.

1. Eligibility and Account Creation

1.1. Age Requirement. In compliance with COPPA and GDPR-K, you must be at least 18 years of age (or the age of majority in your jurisdiction) to use Zametka.com. If you are under 18, you may only use the Service with the verifiable consent of your parent or legal guardian. By using the Service, you represent and warrant that you meet this age requirement and/or have obtained the necessary parental consent. We reserve the right to request proof of age and/or parental consent at any time.

1.2 Account Creation. To access certain features of the Service, you must create an account. You agree to provide accurate, current, and complete information during the registration process, including your first and last name, and to update such information to keep it accurate, current, and complete. You are responsible for safeguarding your password and for any activities or actions under your account. Zametka.com is not liable for any loss or damage arising from your failure to comply with these requirements. You agree to notify us immediately of any unauthorized use of your account.

1.3. Username. You will choose a username for your account. Your username must not be misleading, offensive, or infringe on the rights of others. We reserve the right to reclaim usernames that violate these Terms.

2. Use of the Service

2.1. Permitted Use. Zametka.com provides a platform for creating and sharing text-based content, with options for public and private visibility. You may use the Service for personal, non-commercial purposes, subject to these Terms.

2.2. Prohibited Conduct. You agree *not* to:

Violate any applicable law or regulation, including but not limited to copyright laws, privacy laws (including GDPR), and laws prohibiting hate speech, defamation, or harassment.
Infringe upon the intellectual property rights of others, including copyrights, trademarks, and patents.
Post or transmit any content that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful, or racially, ethnically, or otherwise objectionable.
Impersonate any person or entity, or falsely state or otherwise misrepresent your affiliation with a person or entity.
Upload or transmit any viruses, worms, Trojan horses, or other malicious code.
Interfere with or disrupt the Service or servers or networks connected to the Service.
Attempt to gain unauthorized access to the Service, other users' accounts, or computer systems or networks connected to the Service.
Use any automated means, including robots, spiders, or scrapers, to access the Service without our express written permission.
"Frame" or "mirror" any part of the Service without our prior written authorization.
Sell, resell, or otherwise exploit for any commercial purposes any portion of the Service, use of the Service, or access to the Service, without our express written consent.
Collect or store personal data about other users without their express consent, or in violation of our Privacy Policy.
Engage in any activity that could damage, disable, overburden, or impair the Service.

2.3. Custom URLs. The Service allows you to create custom URLs for your posts. These URLs must not be misleading, offensive, or infringe on the rights of others. We reserve the right to reclaim or modify custom URLs that violate these Terms.

2.4. Local-Only Notes. The Service may offer a feature for creating "local-only" notes that are stored solely on your device and are not transmitted to our servers. These Terms do *not* apply to local-only notes, as we have no access to or control over them. You are solely responsible for the content and security of your local-only notes. The Service may also temporarily store draft content in your browser's local storage to prevent data loss. This draft data is stored solely on your device and is not transmitted to our servers unless you explicitly choose to save or publish the content. Zametka.com has no access to or control over this temporary draft data stored locally.

2.5. **Optional Location Sharing.** **When creating a post, you may have the option to share your location. This feature is entirely optional, and you must actively choose to include your location with each post. By choosing to share your location, you consent to its display with your post, as described in our Privacy Policy.**

3. Content Ownership and Responsibility

3.1. Ownership. You retain all ownership rights to the content you create and submit to Zametka.com (including blog posts, comments, uploaded files, profile picture, and "about" section text).

3.2. Responsibility. You are *solely responsible* for the content you post, whether public or private. This includes ensuring that your content does not infringe upon the copyrights, trademarks, privacy rights, or other intellectual property or personal rights of any third party. Zametka.com is not responsible for monitoring user-submitted content for violations of law or these Terms, but reserves the right to do so.

3.3. License Grant. By posting content to the Service, you grant Zametka.com a non-exclusive, worldwide, royalty-free, sublicensable, and transferable license to use, reproduce, distribute, prepare derivative works of, display, and perform your content solely for the purpose of providing and operating the Service, and as otherwise permitted by your privacy settings and our Privacy Policy. This license includes the right to make your content available to other users of the Service, as determined by your chosen visibility settings (public or private). This license ends when you delete your content or your account, except for content that you have shared with others and they have not deleted, and for content that we are required to retain for legal compliance.

3.4. Copyright Infringement. Zametka.com respects the intellectual property rights of others. If you believe that your copyrighted work has been copied in a way that constitutes copyright infringement, please notify us immediately at legal@zametka.com. Provide the following information:

A description of the copyrighted work you claim has been infringed.
A description of where the infringing material is located on the Service (e.g., the URL).
Your contact information (name, address, telephone number, and email address).
A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law.
A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf.
Your electronic or physical signature.

Zametka.com will promptly investigate notices of alleged infringement and will take appropriate actions, including removing or disabling access to the allegedly infringing material, in accordance with applicable copyright laws, including the Digital Millennium Copyright Act (DMCA) where applicable and GDPR in the EU. We may also terminate the accounts of repeat infringers.

4. Termination and Suspension

4.1. Termination by You. You may terminate your account at any time by following the instructions within your account settings.

4.2. Termination by Zametka.com. Zametka.com may suspend or terminate your account, or your access to all or part of the Service, at any time, with or without cause, and with or without notice, including, but not limited to:

Violation of these Terms or our Privacy Policy.
Posting content that infringes upon the rights of others, or is otherwise unlawful.
Engaging in prohibited conduct as outlined in Section 2.2.
Failure to agree to updated Terms of Service or Privacy Policy within a reasonable time period (as communicated by Zametka.com).
Requests from law enforcement or other government agencies.

4.3. Effect of Termination. Upon termination of your account, your right to use the Service will immediately cease. We may delete your content from our servers, though we may retain copies for legal compliance purposes or as outlined in our Privacy Policy. Sections 3 (Content Ownership and Responsibility), 4 (Termination and Suspension), 7 (Disclaimer of Warranties), 8 (Limitation of Liability), 9 (Indemnification), 10 (Governing Law and Dispute Resolution), and 11 (General Provisions) shall survive any termination.

4.4 Post Credits. Zametka.com may implement a system of "post credits" or similar mechanisms that limit the number or frequency of posts a user can make. We reserve the right to temporarily or permanently reduce or revoke post credits for violations of these Terms.

5. Privacy

Your privacy is important to us. Please review our Privacy Policy, which explains how we collect, use, and share information about you. By using the Service, you consent to the practices described in the Privacy Policy.

6. Third-Party Links and Services

The Service may contain links to third-party websites or services, including Google AdSense, as detailed in our Privacy Policy. Zametka.com is not responsible for the content, accuracy, or practices of these third-party websites or services. Your use of third-party websites or services is at your own risk and is subject to the terms and conditions of those websites or services.

7. Disclaimer of Warranties

THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. ZAMETKA.COM DOES NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, ERROR-FREE, SECURE, OR FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. YOU USE THE SERVICE AT YOUR OWN RISK.

8. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ZAMETKA.COM AND ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AND LICENSORS SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING, BUT NOT LIMITED TO, 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 ZAMETKA.COM HAS 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. THE TOTAL LIABILITY OF ZAMETKA AND AFILIATES FOR ANY CLAIMS WILL NOT EXCEED THE GREATER OF ONE EURO (1€) AND THE AMOUNT YOU PAID ZAMETKA FOR THE PAST TWELVE MONTHS.

9. Indemnification

You agree to indemnify, defend, and hold harmless Zametka.com and its affiliates, officers, directors, employees, agents, and licensors from and against any and all claims, liabilities, damages, losses, costs, expenses, or fees (including reasonable attorneys' fees) arising out of or relating to your use of the Service, your violation of these Terms, your violation of any rights of another, or your content.

10. Governing Law and Dispute Resolution

10.1 Governing Law. These Terms and your use of the Service shall be governed by and construed in accordance with the laws of France, without regard to its conflict of law principles.

10.2 Dispute Resolution. Any dispute arising out of or relating to these Terms or the Service shall be resolved through binding arbitration in Paris, France. The arbitration shall be conducted in French and governed by the laws of France.

10.3 Exception for Intellectual Property Claims. Notwithstanding Section 10.2, Zametka.com may seek injunctive or other equitable relief in any court of competent jurisdiction to protect its intellectual property rights.

11. General Provisions

11.1. Entire Agreement. These Terms, together with our Privacy Policy, constitute the entire agreement between you and Zametka.com concerning the Service and supersede all prior or contemporaneous communications and proposals, whether electronic, oral, or written, between you and Zametka.com with respect to the Service.

11.2. Waiver. No waiver of any term of these Terms shall be deemed a further or continuing waiver of such term or any other term, and Zametka.com's failure to assert any right or provision under these Terms shall not constitute a waiver of such right or provision.

11.3. Severability. If any provision of these Terms is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced.

11.4. Assignment. You may not assign or transfer these Terms, by operation of law or otherwise, without Zametka.com's prior written consent. Any attempt by you to assign or transfer these Terms, without such consent, will be null and void. Zametka.com may freely assign or transfer these Terms without restriction.

11.5 Changes to Terms. Zametka.com reserves the right to modify or replace these Terms at any time. We will provide notice of any material changes by posting the new Terms on the Service and updating the "Last Updated" date. Your continued use of the Service after any such changes constitutes your acceptance of the new Terms. If you do not agree to the new Terms, you must stop using the Service.

11.6 Contact Us. If you have any questions about these Terms, please contact us at: our contact page or via email at legal@zametka.com.