TERMS OF USAGE
IMPORTANT! PLEASE READ CAREFULLY
This website is operated, in whole or in part, from the United States. By using any of ZIPPO websites, regardless of where you live in the world, you consent to have any personal data you submit to any Site transferred to and processed in the United States. ZIPPO does not collect or use personally identifiable information from persons located outside the United States. ZIPPO does not ship products to consumers located in any foreign country. ZIPPO reserves the right to refuse shipment of any product for any reason or no reason.
- 1. ZIPPO SITES CONTENT AND USER SUBMISSIONS
- 2. USER GENERATED CONTENT, PRODUCT REVIEWS AND DISCUSSIONS
- 3. TERMS FOR THE ONLINE STORE
- 4. PERSONALIZED LIGHTERS - DEZIGN MINE PRODUCT CUSTOMIZATION – USA CONSUMERS ONLY
- 5. ACCESS AND AVAILABILITY OF SERVICES AND LINKS
- 6. LIMITATION OF LIABILITY
- 7. SYSTEM INTEGRITY
- 8. TERMINATION OF USE
- 9. LEGAL STATEMENT
- 10. COPYRIGHT NOTICE
- 11. TRADEMARK NOTICE
1. ZIPPO SITES CONTENT AND USER SUBMISSIONS
1.1 The contents of the ZIPPO Sites are intended for the personal use of its users. All materials published on the Sites (including, but not limited to information, articles, photographs, images, illustrations, product descriptions, audio clips and video clips (collectively, the "Content") are protected by copyright, trademark and all other applicable intellectual property laws, and are owned or controlled by ZIPPO or the party credited as the provider of such Content, software or other materials. You must abide by copyright or other notices, information and restrictions appearing in conjunction with any Content accessed through the Sites.
1.2. The Sites are protected by copyright as a collective work and/or compilation, pursuant to U.S. copyright laws, international conventions and other copyright laws. Except as may otherwise be set forth in Section 1 of these Terms of Service, you may not modify, adapt, translate, exhibit, publish, transmit, participate in the transfer or sale of, create derivative works from, distribute, perform, display, reverse engineer, decompile or dissemble, or in any way exploit, any of the Content, software, materials of any Site in whole or in part.
1.3 Copying or storing of any Content for other than personal, noncommercial use is expressly prohibited without the prior written permission from ZIPPO, or the copyright holder identified in the individual Content's proprietary rights notices. For the avoidance of doubt, including any Content (in whole or in part) on your personal website, when it is accessible to any other person, is not a personal use and is not permitted.
1.6 If you believe that the content of any Submission provided by you, or any Content appearing on a Site, has been used on a Site in a manner that constitutes copyright infringement, please provide our General Counsel with a written notice (email is sufficient) that includes the following information: an electronic or physical signature of a person authorized to act on behalf of the owner of the exclusive right that is allegedly infringed; identification of the copyrighted work claimed to have been infringed; a description of where the material that you claim is infringing is located on the Site; your 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; and a statement by you, under penalty of perjury, that the information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf. The email address is email@example.com.
Our Copyright Agent for notice of claims of copyright infringement on this Site is:
Zippo Manufacturing Company
Attention: General Counsel
33 Barbour Street
Bradford, PA 16701
Fax: (814) 363-2691
Telephone: (814) 368-2700
2. USER GENERATED CONTENT, PRODUCT REVIEWS AND DISCUSSIONS
2.1 The Sites may make available product reviews and surveys. You shall not upload to, or distribute or otherwise publish in those sections through any content which is libelous, defamatory, obscene, pornographic, profane, sexually explicit, abusive or which otherwise violates any law, rule or regulation. Please use good judgment and be respectful of other individuals using the product reviews and surveys. You agree not to use vulgar, abusive or hateful language. Product reviews and surveys within the Site are provided to give our users interesting and helpful information in which they may express opinions and share ideas concerning ZIPPO products and related matters. ZIPPO does not endorse the opinions placed in these product reviews and surveys.
2.2 The product reviews shall be used by you only in a noncommercial manner. You shall not, without the express approval of ZIPPO, use the product reviews to distribute or otherwise publish any material containing any solicitation of funds, advertising or solicitation for goods or services or to promote websites or online services that are competitive with ZIPPO and the Service.
2.3 While we do not and cannot review every message posted by users in the Product Reviews and are not responsible for the content of any of these messages, ZIPPO reserves the right to delete, move or edit messages that we, in our sole discretion, deem are in violation of the law (including trademark and copyright law), or these Terms of Service, or are abusive, defamatory, obscene or otherwise unacceptable. You shall remain solely responsible for the content of your messages. ZIPPO reserves the right to revoke a user’s Site privileges and access at any time for any reason or no reason.
General Rules for User-Generated Content
2.4 Guests of ZIPPO Sites are solely responsible for the content of messages they post in any Forum, blog, social media site or consumer review. Users should be aware that when they voluntarily disclose personal information (e.g., user name, email address, phone number) in the previously mentioned content pages and any social network pages where ZIPPO hosts a page or space like Facebook, Twitter, etc, that information can be collected and used by others for any reason.
2.5 Content is Not Prescreened
ZIPPO does not guarantee to prescreen User Generated Content. ZIPPO does not guarantee the website will be free from User Generated Content that is inaccurate, deceptive, offensive, threatening, defamatory, unlawful or otherwise objectionable. ZIPPO is merely acting as a passive channel for such distribution and is not undertaking any obligation or liability relating to any User Generated Content or activities of users on the website. Even in the event ZIPPO chooses to monitor any User Generated Content, ZIPPO assumes no responsibility for, or any obligation to monitor or remove, such User Generated Content. ZIPPO reserves the right to edit, remove, or refuse to post any User Generated Content or terminate your registered account for any reason.
2.6 Eligibility and Registration
2.7 ZIPPO's Rights to Your Posting
Your User Generated Content is not confidential or proprietary. You grant, and warrant that you have the right to grant, to ZIPPO a non-exclusive, non-revocable, worldwide, transferable, royalty-free, perpetual right to use your User Generated Content in any manner or media now or later developed, for any purpose, commercial, advertising, or otherwise, including the right to translate, display, reproduce, change, create derivative works, sublicense, distribute, assign and commercialize without any payment due to you.
3. TERMS FOR THE ONLINE STORE
3.1 In addition to the provisions contained in these Terms, the following terms apply specifically to the online store, currently located at www.Zippo.com.
- By placing an order, you certify that you are able to pay for the item(s) in your order.
- By placing an order on Zippo.com (or any other online store operated by ZIPPO, hereafter referred to as “Zippo.com”) you agree to be bound by the conditions of sale included in the item's description (including, without limitation, payment method and acceptable ship-to address).
- If you place an order for flame or fuel products on Zippo.com you are certifying that you are at least 18 years old or the applicable age of majority in the jurisdiction in which you reside and have the legal right to purchase such item.
- You shall comply with all applicable domestic and international laws, statutes, ordinances and regulations regarding your use of the online store and your purchase of items.
- You are responsible for the accuracy of any purchase placed online.
- We may reject your order at our discretion and reserve the right to cancel any order or refuse service to anyone at any time. If we cancel your order after we have charged you for your order, we will refund your credit card the amount charged as soon as practical.
- Due to Hazardous Goods regulations, we may not be able to ship certain merchandise to your address. For instance, we can only ship Multi-Purpose Lighters and other hazardous products by ground and therefore we can’t ship to Hawaii, other islands or Alaska. ZIPPO reserves the right to refuse shipment of any product for any reason or no reason.
- ZIPPO does not ship products to any consumer in any foreign country.
- We reserve the right to add and/or remove products on Zippo.com, for any reason, at any time.
- We reserve the right to limit quantities of items sold.
- You may not transfer or sell your User ID or account to another party.
- Unless otherwise stated, all prices are quoted in U.S. Dollars.
Products available from any Site may be advertised on third party shopping websites. ZIPPO is not responsible for any information on such shopping websites, or for any differences which may exist between information found on such third party sites and information on any Site, including, but not limited to pricing information. In the event that a difference exists, information found the Site shall govern.
All purchases from any Site are made pursuant to a shipment contract. This means that the risk of loss and title for such items pass to you upon our delivery of the items to the carrier.
4. PERSONALIZED LIGHTERS - PRODUCT CUSTOMIZATION – USA CONSUMERS ONLY
a) These are ZIPPO’s guidelines for a personal photo or artwork (hereafter “artwork”) intended to be placed on a Zippo lighter or other product. Consumers that submit artwork for use by ZIPPO to create a customized product (products may include lighters, hand warmers, candle lighters, etc.) are responsible for making sure the proposed artwork complies with these Guidelines AND all applicable law. Prior to accepting an order, users will be required to confirm the photo or art is their intellectual property to use. ZIPPO does not knowingly accept any artwork that infringes another person’s intellectual property rights. If you believe that artwork on a ZIPPO lighter infringes your intellectual property rights or those rights of another person or entity, please email us at: firstname.lastname@example.org
b) QUESTIONABLE MATERIAL & PROHIBITED ARTWORK
The consumer takes full responsibility for any photo or artwork presented to ZIPPO. ZIPPO reserves the right to review it to determine if, to the extent it is possible to do so, the artwork can be used without violation of some other person’s intellectual property rights or applicable law. However, the fact that we accept the artwork does not mean ZIPPO or any other person or entity excuses you from your obligation.
Photos or artwork that appears to be acceptable for use will be accepted. Content that appears to be not acceptable will be rejected, subject to the consumer providing proof of right to use.
c) GENERAL GUIDELINES FOR PHOTOS OR ARTWORK
Below are some general types of photos or artwork (hereafter “artwork”) that are not acceptable for decoration of ZIPPO products: Whether artwork is acceptable for decoration on a ZIPPO lighter or other product is determined solely by ZIPPO. Summary of artwork that will not be acceptable:
- Artwork that may infringe the copyright of a third party
- Artwork that may infringe the trademark of a third party
- Artwork that infringes the Right of Publicity of a third party
- Names, logos, pictures, or other intellectual property of musical groups or musical artists
- Sports teams names, logos or other intellectual property of colleges/universities, clubs, or organizations, such as New York Yankees, Real Madrid, Notre Dame, or a non-profit organization – e.g. the Red Cross
- Trademarks, names, or logos of companies. For example, you cannot use the name of a company such as ZIPPO or a company logo such as the ZIPPO logo
- Copying of an existing piece of artwork, cartoon, photograph or video frame. Changing a piece of artwork by rearranging the elements of the artwork is not acceptable
- Photos, logos, caricatures, or other artwork depicting celebrities or other third parties. Just because you take a photograph does not give you the right to use that photograph on merchandise, even if you digitally manipulate the photograph
- Inappropriate content or nudity
- Artwork that exploits minors
- Artwork that is obscene or vulgar, contains offensive remarks or harasses, threatens, defames or abuses others, or is racist or Nazi
- Artwork that depicts violence, is obscene, abusive, fraudulent or threatening
- Artwork that glamorizes drug use or alcohol abuse; or
- Material that is generally offensive or in bad taste, as determined by ZIPPO in its sole discretion
The list is not exhaustive. It is only a general guideline for you to consider when you submit artwork to ZIPPO.
If your artwork is deemed by ZIPPO to be unacceptable, a refund of the purchase price will be made as a credit to the credit card you used to make the purchase.
d) FREQUENTLY ASKED QUESTIONS
Does ZIPPO own the rights to my artwork?
If you submit artwork to be placed on lighters that you intend keep or gift to someone else, you retain all rights to your artwork but do grant a limited, non-exclusive license to ZIPPO to allow ZIPPO to place your artwork on its lighters or other product and ship your products to you.
If it does not have a copyright notice, is it ok to use?
Almost all works are protected by copyright, even if they do not have a copyright notice. Therefore, you need to obtain written permission to use any artwork that you did not create.
Is it ok to use an image I found on the internet?
No. Simply because an image (artwork, photograph, etc.) is on the internet does not mean that it is in the public domain or available for your use. You cannot use the work unless the author of the work has explicitly granted you a license to use the work or it is in the public domain. Further, a person who posts an image on the internet and claims that you are free to use it may not have had the right to post the image in the first place. Thus, your use of the image may violate the rights of the actual copyright owner or a person’s right of publicity or right of privacy.
If I took a photograph of a celebrity or a company logo can I use it to make merchandise?
No. Taking a photo of a person, company building, product, brand, or logo does not give you the right to sell merchandise featuring that photograph. There are two distinct intellectual property rights in a photograph: (1) the rights in the photograph itself and (2) the rights in the subject of the photograph, such as the product or person shown in it. In order to order merchandise with the photograph, you will need to obtain explicit permission from the celebrity.
I based my artwork on the artwork of a third party, is that ok?
Not generally speaking. It depends on what you mean by “based it on.” Artwork derived from the previous work of another will likely violate the rights of the owner of the previous artwork. If you are creating a design that is based on the work of someone else, you will probably need to obtain permission from the owner of the original artwork prior to using it. If the other artwork just inspired you to create a new piece of artwork that is truly new artwork then you should not be violating the copyright of the other person. However, you should consult with an attorney before using any artwork based on the artwork of another person.
Is parody ok?
Maybe. ZIPPO generally does not accept parody artwork and will not automatically accept such artwork for use on its lighters or other products. Often we require you to obtain an opinion from your attorney that such use is legally acceptable.
I am using Clip Art, is it ok?
No. Most clip art, photo collections, or graphic programs contain a license agreement. The license agreement sets forth the specific permissible uses for the clip art. In most instances the license does not grant you the right to use the clip art commercially, for the sale of merchandise. You should consult the clip art license agreement and your attorney to determine whether you can use the images.
ZIPPO inspects all personalized product ordered on any Site for manufacturing errors or product defects. If you believe there is a quality issue with your product, you may return it in as-new condition and in its original packaging for a prompt exchange for the same item, or immediate full refund of the product purchase price. Understandably, personalized products cannot be accepted for return unless there is a manufacturing error or product defect. All refunds or exchanges must be made within 30 days of receipt.
ZIPPO wants your personalized order to arrive just the way it was ordered by you. Please review your personalization information carefully before submitting your order. ZIPPO will not accept cancellations or changes to orders once they are placed as they are immediately sent to production. If you have purchased ZIPPO products from another online retailer or store, please contact that retailer directly for instructions.
5. ACCESS AND AVAILABILITY OF SERVICES AND LINKS
5.1 A Site may contain links to other internet sites. Your selection of a link will redirect you off of the ZIPPO Site to a third party website. Interactions that occur between you and the third party website are strictly between you and such third party website and are not the responsibility of ZIPPO. We are not responsible for examining or evaluating, and do not warrant the offerings of, any of these linked sites. ZIPPO does not assume any liability or responsibility for the actions, product, availability or content of these outside websites. You should direct any concerns regarding any externally linked website to the administrator or webmaster of the third party website.
6. LIMITATION OF LIABILITY
6.1 NEITHER ZIPPO NOR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING OR DELIVERING THE SITES SHALL BE RESPONSIBLE TO YOU OR ANY THIRD PARTIES FOR ANY DIRECT OR INDIRECT, CONSEQUENTIAL, SPECIAL, PUNITIVE OR EXEMPLARY DAMAGE OR LOSS INCURRED IN CONNECTION WITH USE OF, OR INABILITY TO USE, ANY OF THE SITES, OR ANY OF THE MATERIALS PROVIDED BY ZIPPO OR THIRD PARTIES THROUGH ANY OF THE SITES OR THE SERVICES THEREON, OR ANY DAMAGE OR LOSS INTERRUPTION OF USE, DELETIONS OF FILES, ERRORS OR DEFECTS IN THE USERS SYSTEM, REGARDLESS OF THE CLAIM AS TO THE NATURE OF THE CAUSE OF ACTION, EVEN IF ZIPPO HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE OR LOSS. SOME JURISDICTIONS MAY NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE EXCLUSIONS SHALL ONLY APPLY TO THE EXTENT PERMISSIBLE UNDER APPLICABLE LAW.
6.2 To the fullest extent permissible under applicable law, Zippo Manufacturing Company aggregate liability, and the aggregate liability of our subsidiaries, affiliates and officers, to you or any third party is limited to One Thousand U.S. Dollars ($1000).
7. SYSTEM INTEGRITY
You may not use any device, software, virus or routine to interfere or attempt to interfere with the proper working of any Site or any transaction conducted on such Site. You may not take any action which imposes an unreasonable or disproportionately large load on our infrastructure relative to your use, which is non-commercial. You may not disclose or share your password with any third parties or use your password for any unauthorized service.
8. TERMINATION OF USE
8.1 ZIPPO may, in its sole discretion, terminate or suspend your access or refuse access at any time, without notice, to all or part of any of the Sites for any or no reason, including, without limitation, breach of these Terms or the infringement of copyrights owned by third parties.
8.2 ZIPPO, including, without limitation, its authorized agents and employees may terminate your use of any of the Sites without notice in the event that you breach any obligation in these Terms of Service, including but not limited to, (i) restricting, inhibiting or disrupting any ZIPPO event or (ii) attempting to alter or improperly access any feature or function of any of the Sites. Your access may also be subject to termination if you post or transmit any illegal content; harass or threaten any user of any Site or any ZIPPO employee; post content (including, but not limited to, the creation of a username) that is offensive or otherwise disruptive of Site activities; post unsolicited advertising; or improperly impersonate a ZIPPO employee or other individual.
9. LEGAL STATEMENT
9.1 These Terms have been made in and shall be construed and enforced in accordance with Pennsylvania and Federal law without regard to any conflict of law provisions. ZIPPO makes no representation that the Content on the Sites is appropriate for access outside of the United States. Those who choose to access the Sites from outside the United States do so on their own initiative and are responsible for compliance with local laws. You agree that any action to enforce this Agreement shall be brought in the federal or state courts located in McKean County, Pennsylvania or the Federal Courts of the Western District of Pennsylvania.
9.2 Official correspondence must be sent via postal mail or express service to:
Zippo Manufacturing Company
Attention: General Counsel
33 Barbour Street
Bradford, PA 16701
10. COPYRIGHT NOTICE
Copyright © 2017 Zippo Manufacturing Company, All rights reserved. The material on the Sites may not be reproduced and may not be distributed, publicly performed or otherwise used in any manner, except with the prior express written permission of Zippo Manufacturing Company.
11. TRADEMARK STATEMENT
, ZIPPO, , SLIM, Venetian, , Black Ice, , are registered trademarks in the United States and in many countries. The listed Trademarks are used in the United States under license of Zippo Manufacturing Company. The Multi Purpose Lighter shape is a patented design in the U.S.A. and is a registered design in many countries. All Zippo lighter decorations are protected by copyright © Zippo Manufacturing Company 2017. All Rights reserved.
No material found or located on the ZIPPO Sites may be, downloaded, framed, linked to, copied, reproduced or used in any other way in any media now existing or hereafter created without the prior written permission of ZIPPO.
You may write or fax the General Counsel of Zippo Manufacturing Company to seek permission at this address:
Zippo Manufacturing Company
Attention: General Counsel
33 Barbour Street
Bradford, PA 16701
Fax: 814 363-2691
© 2017 Zippo Manufacturing Company. All rights reserved.