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  • Design By Zen: Terms of Use, Privacy and Rights

    Term & Conditions of Using the Design By Zen site & services. DISCLAIMERS Last updated June 9th, 2024 ​ WEBSITE DISCLAIMER ​ The information provided by VRI (NZ) Ltd t/s Design By Zen ("we," "us", or "our") on http://www.designbyzen.com (the "Site") and our mobile application is for general informational purposes only. All information on the Site and our mobile application is provided in good faith, however we make no representation or warranty of any kind, express or implied, regarding the accuracy, adequacy, validity, reliability, availability or completeness of any information on the Site or our mobile application. UNDER NO CIRCUMSTANCE SHALL WE HAVE ANY LIABILITY TO YOU FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF THE SITE OR OUR MOBILE APPLICATION OR RELIANCE ON ANY INFORMATION PROVIDED ON THE SITE AND OUR MOBILE APPLICATION. YOUR USE OF THE SITE AND OUR MOBILE APPLICATION AND YOUR RELIANCE ON ANY INFORMATION ON THE SITE AND OUR MOBILE APPLICATION IS SOLELY AT YOUR OWN RISK. EXTERNAL LINKS DISCLAIMER ​ The Site and our mobile application may contain (or you may be sent through the Site or our mobile application) links to other websites or content belonging to or originating from third parties or links to websites and features in banners or other advertising. Such external links are not investigated, monitored, or checked for accuracy, adequacy, validity, reliability, availability or completeness by us. WE DO NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR THE ACCURACY OR RELIABILITY OF ANY INFORMATION OFFERED BY THIRD-PARTY WEBSITES LINKED THROUGH THE SITE OR ANY WEBSITE OR FEATURE LINKED IN ANY BANNER OR OTHER ADVERTISING. WE WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND THIRDPARTY PROVIDERS OF PRODUCTS OR SERVICES. ​ PROFESSIONAL DISCLAIMER ​ The Site cannot and does not contain financial advice. The financial information is provided for general informational and educational purposes only and is not a substitute for professional advice. Accordingly, before taking any actions based upon such information, we encourage you to consult with the appropriate professionals. We do not provide any kind of financial advice. THE USE OR RELIANCE OF ANY INFORMATION CONTAINED ON THE SITE OR OUR MOBILE APPLICATION IS SOLELY AT YOUR OWN RISK. TESTIMONIALS DISCLAIMER ​ The Site may contain testimonials by users of our products and/or services. These testimonials reflect the real-life experiences and opinions of such users. However, the experiences are personal to those particular users, and may not necessarily be representative of all users of our products and/or services. We do not claim, and you should not assume, that all users will have the same experiences. YOUR INDIVIDUAL RESULTS MAY VARY. The testimonials on the Site are submitted in various forms such as text, audio and/or video, and are reviewed by us before being posted. They appear on the Site as given by the users, except for the correction of grammar or typing errors. Some testimonials may have been shortened for the sake of brevity where the full testimonial contained extraneous information not relevant to the general public. The views and opinions contained in the testimonials belong solely to the individual user and do not reflect our views and opinions. We are not affiliated with users who provide testimonials, and users are not paid or otherwise compensated for their testimonials. User Agreement ​ 1. This User Agreement outlines the terms and conditions of Design By Zen "DBZ" (“the Website”), device application and other associated services (“Our Services”). By continuing to access Our Services, you are indicating acceptance of this User Agreement (“this Agreement”). ​ 2. The website www.designbyzen.com is wholly owned, operated and controlled by VRI (NZ) Limited, trading as Design By Zen known also as "DBZ". ​ 3. References in this Agreement to "Design By Zen "DBZ" ", "we", "our" or "us" are to VRI (NZ) Limited, depending on the context, and references to "you" or "your" are references to the “User” of Our Services, being the person with whom VRI (NZ) Limited enters into this Agreement. ​ 4. By entering this Agreement and using our services, you acknowledge and agree that you have read, understood, and completely accept all of the terms and conditions in this agreement as well as our Privacy Policy in effect, as changeable at our discretion from time to time. ​ 5. You further acknowledge that Design By Zen "DBZ" may amend, modify, add to or delete certain Terms and Conditions in this User Agreement and our Privacy Policy at our discretion. ​ Such amendments, modifications, additions or deletions apply to your use of our Services as soon as they are displayed on the Website (whether or not you are aware of those amendments, modifications, additions or deletions). All subsequent transactions by you will be subject to the amended and most current User Agreement. ​ 6. The Site is intended for users who are at least 18 years old. People under the age of 18 are not permitted to use any services in which our site provides. ​ 7. Risk of Using Blockchain Technology: Blockchain technology including Non-Fungible Tokens (“NFT”) and cryptocurrency is immutable in nature. This means once a transaction is processed it may not be reversed. There is inherent risk when using facets of blockchain technology which can lead to a significant loss of digital assets. By using our services, you agree that you understand the inherent risks associated with blockchain technology and you indemnify Design By Zen "DBZ" of any liability or losses associated to your use of blockchain technology directly, indirectly or otherwise. ​ 8. Licensing: The below paragraphs represent the standard license terms of all NFTs released by Design By Zen "DBZ" . Individual NFTs may have further, or varying license terms displayed upon purchase. ​ 9. In the event there is an inconsistency between these terms and the terms displayed upon the NFT’s purchase (“Custom Terms”) the Custom Terms shall supersede these terms solely on inconsistent terms. Outside of inconsistency, the remaining terms of this agreement shall remain applicable. ​ 10. Type of License - NFT owners are bestowed a perpetual, non-sublicensable, non-exclusive, global license to produce and recreate the copyright material attached to a Design By Zen "DBZ" NFT. ​ 11. Intellectual Property Rights – Permitted use of the intellectual property attached to the Design By Zen "DBZ" NFTs include: Royalty Free Commercialisation – You may commercialise the use of the copyright material to the extent: ​ 1. that the use of copyright material is in normal commercial channels and in accordance with good business practice; 2. that no royalties are generated from the commercialisation (that is, royalties from sublicensing the copyright material. It does not include royalties from OpenSea and NFT marketplaces); 3. that it retains the goodwill in the copyright material and does not cause the Design By Zen "DBZ" Brand or Company to fall into disrepute; 4. that the whole of the copyright material is displayed in the product/asset created without any alteration or modification that infringes on Design By Zen "DBZ" ’s intellectual property. ​ Digital display of copyright material. ​ 12. Restrictions – You may create derivative works from Design By Zen "DBZ" ’s intellectual property so long as it does not infringe on any other existing Design By Zen "DBZ" NFT’s intellectual property. You may not use the Design By Zen "DBZ" brand or logos for commercial use in any circumstances. ​ 13. Determining Ownership – An individual who holds a Design By Zen "DBZ" NFT within theirwallet shall be considered the owner of the NFT. Ownership may only be held by a single legal entity at any one time. ​ 14. Copyright Cooldown – Upon an NFT being transferred to a new wallet address, there is a 72-hour cooling off period (“Cooling Off Period”) where no individual or entity is able commercialise the intellectual property attached to the NFT. Commercialisation within the cooldown period will constitute copyright infringement. ​ 15. General Condition of Use – You must use your best endeavours to preserve the reputation and value of the copyright material and agree to do all things reasonably necessary to protect the copyright material. ​ 16. Record Keeping 1. Every event copyright material is commercialised by an entity in possession of an NFT, the possessing entity must record and store for a period of 12 months the following details: ​ A. Date of Use; B. What has the copyright material been used for; C. Number of Products/Assets Produced; and D. Entity that has used it. ​ 17. A failure to keep relevant records will constitute a breach of copyright and this agreement. ​ 18. In the event no records have been maintained Design By Zen "DBZ" may immediately terminate the license to use the copyright material, determine any possession of an NFT to be null and void and claim damages in a court of law for copyright infringement. Intellectual Property 19. You acknowledge and agree that the Site and its Services are the property of Design By Zen "DBZ" or its licensors. Subject to your compliance with this User Agreement, Design By Zen "DBZ" grants you a limited right to access and/or use the Site. The right to access and/or use the Site is a non-exclusive, non-transferable, revocable, limited licence, and it is subject to the limitations and obligations contained herein. Nothing in these Terms gives you any licence (other than as set out in this section), right, title, or ownership of, in, or to any of the Site. ​ 20. You acknowledge and agree that Design By Zen "DBZ" retains all rights, title, and interest in and to all copyright, trademarks, trade secrets, patents, and any other proprietary rights in the Site, the software and application programming interfaces (APIs) comprising the Site, and all content therein. You acknowledge and agree that Design By Zen "DBZ" , their trademarks, service marks, logos, graphics, brands, and domain names are the registered trademarks or trademarks of Design By Zen "DBZ" . ​ 21. You must not register or attempt to register any of the copyright material or any of our intellectual property rights in your own name as proprietor. 22. Notwithstanding any rights or entitlements afforded by this agreement to NFT holders, you are not permitted to create, for commercial use, fan art (tokenised or physical), merchandise, or similar content stemming from the Site and its affiliated links and projects. 23. If you create any fan-art for personal, non-commercial use, the artwork must clearly state “Design By Zen "DBZ" Fan Art” and a link to the Site at www.designbyzen.com . Design By Zen "DBZ" reserves the right to determine if something is fan art/merchandise or not. ​ Please Note: Fan art detailed in clause 22 does not include derivative works that have been created or distributed by the NFT holder that has the right to do so. This has been included to protect the value of the Design By Zen "DBZ" NFTs and their respective owners. ​ Third Party Infringements ​ 24. You must notify us immediately after becoming aware of any suspected or actual: ​ 1. infringement by any person of any of the copyright material; or 2. unauthorised use of the copyright material. ​ 25. You must provide all assistance and documents required or requested by us in relation to any proceedings that we may bring against any person for infringement or unauthorised use of any of the copyright material. Data Protection 26. In order to provide you with access to our Site and our services, you acknowledge and agree that Design By Zen "DBZ" may collect, store and process your personal data and/or information. By accessing and/or using the Site, you acknowledge to have read, understood, and accepted the terms of Design By Zen "DBZ" ’s privacy policy, and you further acknowledge and agree that Design By Zen "DBZ" may use such data and/or information in accordance with the terms of its privacy policy. ​ User Representations ​ 27. By accessing and/or using the Services, you represent and warrant that: ​ A. you fully understand and have experience of tokens, cryptocurrencies, and digital assets, as well as of blockchain-based infrastructures and services; and ​ B. you fully understand the risks associated with the trading or holding of tokens, cryptocurrencies, and digital assets as well as the mechanics related to the use of such tokens, cryptocurrencies, and digital assets (including with respect to their storage and exchange). ​ 28. By accessing and/or using the Site, you acknowledge that, tokens, cryptocurrencies, and digital assets, are extremely volatile and shift quickly in terms of, among others, liquidity, market depth and other characteristics. There is no guarantee against losses for accessing and/or using the Site in correlation with digital assets. ​ 29. You further represent and warrant that you are not entering into transactions that are above your financial abilities and that you are aware of the risks related to tokens, cryptocurrencies, and digital assets, for which you are solely responsible and liable for. ​ 30. You acknowledge and agree that Design By Zen "DBZ" does not provide any advice, guidance, or recommendations on the opportunity to invest into, disinvest from, or remain invested in any Token and/or digital asset. If you are considering purchasing Tokens or digital assets as an investment, you should first contact your financial advisor for any such advice, guidance, or recommendation. ​ 31. By accessing and/or using the Site, you warrant that you are a bona fide user of Design By Zen "DBZ" services. ​ 32. By accessing Design By Zen "DBZ" via a wallet, Metamask or account creation via the Design By Zen "DBZ" website, you confirm that you will not use Design By Zen "DBZ" Services in connection with any of the following businesses, activities, practices or items, or any criminal activities whatsoever, including but not limited to: ​ 1. Terrorist financing; 2. Money laundering; 3. Illegal gambling; 4. Distributing or funding drugs and drug paraphernalia; 5. Malicious hacking including payments for ransomware; 6. Any business activity we believe poses elevated financial risk, including legal liability, pyramid schemes, network marketing, and referral marketing programs; 7. Knowingly or recklessly providing us with inaccurate or incomplete information through the Platform; 8. Reverse engineering, disassembling, or otherwise attempting to construct, copy, or replicate the Platform’s source code, formulas, or processes; 9. Interfering with the security of the Platform or the safe use of the Platform by others (including without limitation by way of distributing viruses, corrupted files, or other similar software or programs that may damage the operation of any computer hardware or software or which are otherwise directed at the Website or its users); 10. Using this Platform for any purpose that is unlawful or prohibited or in a way which infringes the intellectual property rights or other rights of any person (including us); 11. Knowingly or recklessly using and/or taking advantage of a technical or technological error, loophole, or glitch on the Design By Zen "DBZ" Platform or Services offered; 12. Using the Platform or the information contained in it for commercial purposes which are competitive to the Platform or our business or which would otherwise be detrimental or prejudicial to our interests in any way; 13. Using systematic, repetitive, or other related methods which are designed to generate or obtain repetitive and repeated amounts of data or other information from or to the Platform or which may otherwise place an unreasonable load on the infrastructure of the Platform; 14. Publishing, posting, distributing, disseminating, or sending ‘spam material’ or engaging in any communication that is offensive, false, unlawful, defamatory, indecent, unfair or inappropriate in any way to others, which would reasonably be considered ‘spam’ or which is deliberately false, misleading, or deceptive (or likely to mislead or deceive); 15. Collecting or storing personal data about other users of the Platform; or 16. Doing anything else which may interfere with or negatively affect the operation of our Platform, Services, or other users. User Registration ​ 33. You may be required to register an account or sign up with a wallet address with the Site to be able to access its features and functions. You agree to keep your password (if any) confidential and will be responsible for all use of your account and password. ​ 34. To the maximum extent allowed by law, we accept no liability for any losses suffered by you with regards to losing access to your account or wallet. ​ 35. You may not access or use the Site for any purpose other than that for which we make the Site available. The Site may not be used in connection with any commercial endeavours except if agreed to in a binding legal contract with Design By Zen "DBZ" . ​ 36. The prohibited activities with regards to the Site include, but are not limited to: ​ 1. Systematically retrieving data or other content from the Site to create or compile, directly or indirectly, a collection, compilation, database, or directory without written permission from us; 2. Using the Site in any unauthorised manner, including collecting usernames and/or email addresses of users by electronic or other means for the purpose of sending unsolicited email, or creating user accounts by automated means or under false pretences; 3. Using a buying agent or purchasing agent to make purchases on the Site; 4. Using the Site to advertise or offer to sell goods and services; 5. Circumventing or disabling or otherwise interfering with security-related features of the Site, including features that prevent or restrict the use or copying of any Site content or enforce limitations on the use of the Site and/or the content contained therein; 6. Engaging in unauthorised framing of or linking to the Site; 7. Defrauding or misleading us and/or other users, especially in any attempt to learn sensitive account information such as user password; 8. Improperly using our support services or submitting false reports of abuse or misconduct; 9. Engaging in any automated use of the system, such as using scripts to send comments or messages, or using any data mining, robots, or similar data gathering and extraction tools; 10. Interfering with, disrupting, or creating an undue burden on the Site or the networks or services connected to the Site; 11. Attempting to impersonate another user or person or use the username of another user; 12. Selling or otherwise transferring your profile; 13. Using any information obtained from the Site in order to harass, abuse, or harm another person; 14. Use of the Site as part of any effort to compete with us or otherwise use Site and/or the content contained within for any revenue-generating endeavour or commercial enterprise; 15. Deciphering, decompiling, disassembling, or reverse engineering any of the software comprising or in any way making up a part of the Site; 16. Attempting to bypass any measures of the Site designed to prevent or restrict access to the Site, or any portion of it; 17. Harassing, intimidating, or threatening any of our employees or agents engaged in providing any portion of the Site to you; 18. Deleting copyright or other proprietary rights notice from any content from or derived from the Site; 19. Copying or adapting the Site’s software, including, but not limited to HTML, JavaScript, or other code; 20. Uploading or transmitting (or attempting to upload or to transmit) viruses, Trojan horses, or other material, including excessive use of capital letters and spamming (continuous posting of repetitive text), that interferes with any party’s uninterrupted use and enjoyment of the Site or that modifies, impairs, disrupts, alters, or interferes with the use, features, functions, operation, or maintenance of the Site; 21. Uploading or transmitting (or attempting to upload or to transmit) any material that acts as a passive or active information collection or transmission mechanism, including, without limitation, web bugs, cookies, or other similar devices; 22. Except as may be the result of standard search engines or Internet browser usage, using, launching, developing, or distributing any automated system, including, without limitation, any spider, robot, cheat utility, scraper, or offline reader that accesses the Site, or using or launching any unauthorised script or other software; 23. Disparaging, tarnishing, or otherwise harming, us and/or the Site, such harm which is assessed and judged at our sole discretion and opinion; and 24. Using the Site in a manner inconsistent with any applicable laws or regulations. Payment Gateways 37. Design By Zen "DBZ" may allow you to purchase, trade, or sell NFTs via a third party payment gateway, any financial transaction where you elect to pay for a products via a third party is solely facilitated by that third party. If you opt to use the third-party services, you must abide by their terms and conditions. ​ 38. Third Party services are not controlled by Design By Zen "DBZ" . You agree to use third party services at your own risk. You agree to indemnify Design By Zen "DBZ" from all liability in relation to third party services. We accept no liability arising from transactions or services facilitated by any third party. Taxation ​ 39. You shall be solely responsible for any taxes applying to the payments you make or receive through the Site, and to collect, report, and remit such taxes to the appropriate tax authorities. ​ You acknowledge and agree that, Design By Zen "DBZ" is not able to provide you with a taxation report concerning the operation executed and that it is your duty to collect all the information required by the competent tax authorities in order to comply with your tax obligations. ​ 40. As Design By Zen "DBZ" is domiciled in New Zealand, we are required to collect Good and Services Tax (“GST”) on all products sold and services provided that are not construed as Digital Currency. We will collect GST on all applicable goods and services. ​ Refunds and Purchases ​ 39. To the maximum extent permitted by law, you agree and acknowledge that we are under no obligation to allow refunds on the Site in relation to any transactions that may, be refundable. ​ Any refunds or compensation, whether monetary or otherwise, in relation to the Site and your use of the Site and all its features and assets are considered, accepted, or rejected at our sole discretion. This includes, but is not limited to, the following scenarios in which you may potentially suffer loss, harm, or damage: ​ 1. accidental purchases made by you; 2. glitches, malfunctions, or other technical errors encountered on the Site; 3. being made victim of another user’s fraud, deceit, prohibited activity, or misdemeanour; 4. fluctuating pricing by other users; 5. unreasonable pricing by other users; 6. the use of the Site and/or its features and assets in a manner not consistent with a relevant intended purpose. Submissions ​ 42. You acknowledge and agree that any questions, comments, suggestions, ideas, feedback, or other information regarding the Site, the App, and the Smart Contracts (“Submissions”) provided by you to us are non-confidential and will become our sole property. We will own exclusive rights, including all intellectual property rights, and should be entitled to the unrestricted use and dissemination of these Submissions to any lawful purpose, commercial, or otherwise, without acknowledgment from or compensation for you. ​ 43. You hereby waive any moral rights to any such Submissions, and you hereby warrant that any such Submissions are original with you or that you have the right to submit such Submissions. You agree there should be no recourse against us for any alleged or actual infringement or misappropriation of any proprietary right in your Submissions. Third Party Website and Content 44. The Site may contain (or you may be sent via the Site) links to other websites (“Third-Party Websites”), as well as articles, photograph, text, graphics, pictures, designs, music, sound, video, information, applications, software, and other content or items belonging to or originating from third parties (“Third-Party Content”). ​ 45. Such Third-Party Websites and Third-Party Content are not investigated, monitored, or checked for accuracy, appropriateness, or completeness by us, and we are not responsible for any Third-Party Websites accessed through the Site, or any Third-Party Content posted on, available through, or installed from the Site, including the content, accuracy, offensiveness, opinions, reliability, privacy practices, or other policies of or contained in the Third-Party Websites or the Third-Party Content. ​ 46. Inclusion of, linking to, or permitting the use or installation of any Third-Party Websites or any Third-Party Content does not imply approval or endorsement thereof by us. ​ 47. If you decide to leave the Site and access the Third-Party Websites or to use or install any Third-Party Content, you do so at your own risk and you should be aware that these Terms and Conditions no longer govern your use of and interaction with these Sites and/or Content.You should review the applicable terms and policies, including privacy and data gathering practices, of any website to which you navigate from the Site or relating to any applications you use or install from the Site. ​ 48. Any purchase you make through Third-Party Websites will be through other websites and from other companies, and we take no responsibility whatsoever in relation to such purchases which are exclusively between you and the applicable third party. ​ 49. You agree and acknowledge that we do not endorse the products and services offered on Third-Party Websites and we are not liable for any harm caused by your purchase of such products and services. ​ 50. Additionally, you agree and acknowledge that we accept no liability for any losses sustained by you or harm caused to you relating to or resulting, in any way, from any Third-Party Content or any contact with Third-Party Websites. Advertising ​ 51. We may allow advertisers to display their advertisements and other information in certain areas of the Site, including sidebars, pop-ups, and banners. If you are an advertiser, you should take full responsibility for any advertisements you place on the Site, and any services provided on the Site, or products sold through those advertisements. ​ 52. Further, as an advertiser, you warrant and represent that you possess all rights and authority to place advertisements on the Site, including, but not limited to, intellectual property rights, publicity rights, and contractual rights. We simply provide the space to place such advertisements, and we have no other relationship with advertisers. ​ 53. Advertisers and Design By Zen "DBZ" are not and are not to be taken to be in a partnership, joint venture, employment, agent, or fiduciary relationship. Termination Of Use and Banning of Wallet Address ​ 54. You may terminate these Terms at any time by withdrawing consent to abide by these terms via writing or by deregistering as a user of our Site. If you withdraw consent, or otherwise terminate these Terms, you will not receive any refunds for any purchases that you might make on or through the Site. ​ 55. If you resume use of our Site in any way, these terms will apply to that resumed use, whether you are a registered user or not. ​ 56. You agree that we, in our sole discretion and for any or no reason, may terminate these Terms or suspend and/or terminate your use of our platform, or ban your wallet address from using the Site without the provision of prior notice. You agree that any suspension or termination of your access to the Site may be without prior notice and that we will not be liable to you or to any third party for any such suspension or termination. ​ 57. If we terminate these Terms or suspend or terminate your access or a wallet’s access to or use of the Site due to your breach of these Terms or any suspected fraudulent, abusive, or illegal activity (including, without limitation, if you engage in any of the Prohibited Activities), then termination of these Terms will be in addition to any other remedies we may have at law or in equity. ​ 58. We have the right, without provision of prior notice, to take appropriate legal action, including, without limitation referral to law enforcement or regulatory authority, or notifying the harmed party of any illegal or unauthorised use of the Site. Without limiting the forgoing, we have the right to fully cooperate with any law enforcement authorities or court order requisition or directing us to disclose the identity or other information of anyone using the Site. ​ 59. Upon any termination or expiration of these Terms, whether by you or us, you may no longer have access to information that you have used or gathered on the Site or that is related to our wallet, and you acknowledge that we will have no obligation to maintain any such information in our databases or to forward any such information to you or to any third party. Limitation Of Liability ​ 60. In no event will Design By Zen "DBZ" , its officers, shareholders, employees, agents, directors, subsidiaries, affiliates, successors, assigns, suppliers, or licensors be liable for any loss or damages, including without limitation, direct, indirect, special, consequential, or punitive loss or damages, arising from or related to your use of the Site, whether in an action of contract, tort or otherwise, and regardless of whether such damages were foreseeable and whether or not Design By Zen "DBZ" was advised of the possibility of such damages. ​ 61. Neither party will be liable to the other party for any loss of anticipated profits or revenue arising from this Agreement or the use of our Site. ​ 62. Without limiting the generality of the foregoing, Design By Zen "DBZ" takes no responsibility for and will not be liable for any financial or other loss or damages arising from or related to the use of the Site, including, without limitation, to any of the following: ​ 1. delays, interruption or loss of services; 2. technical failure, malfunction or shutdown; 3. server failure, hacks or unavailability; 4. data loss; 5. corrupted data on Design By Zen "DBZ" ’s servers; 6. failure to update or provide correct information; 7. “phishing” or other websites impersonating as Design By Zen "DBZ" ; 8. stolen, lost, or unauthorised use of your means of authorization; 9. loss of business or goodwill. 63. The limitation of liability set out above shall not be applicable in case of loss or damages caused by Design By Zen "DBZ" or any of its employees by intentional misconduct or gross negligence. 64. The Site supports or is integrated with third party services. Design By Zen "DBZ" takes no responsibility for any third-party services and will not be liable for any loss or damages caused by such third-party services. 65. The Site is provided on an “as is” and “as available” basis without any representation or warranty of any kind, whether express or implied, to the maximum extent permitted by applicable laws. Design By Zen "DBZ" disclaims any implied warranties of title, merchantability, fitness for a particular purpose and/or non-infringement. Indemnification 66. To the fullest extent permitted under applicable laws, you agree to hold harmless and indemnify Design By Zen "DBZ" , its officers, shareholders, employees, agents, directors, subsidiaries, affiliates, successors, assigns, suppliers, or licensors from and against all thirdparty claims and all liabilities, damages, assessments, losses, costs, or expenses (including reasonable attorney fees) resulting from or arising out of: ​ 1. Your alleged or actual breach of these Terms, including, without limitation, Your express representations and warranties; 2. Your alleged or actual use or misuse of the Services; and 3. Your alleged or actual infringement or violation of any laws or of the rights of a third party. Amendments 67. We may amend these Terms from time to time by either notifying you using our Site or by providing details of the amendments on our Site. ​ 68. We recommend you read these terms carefully each time to ensure you agree to them during the use of our site. Entire Agreement 69. This User Agreement constitutes all the terms and conditions agreed upon between you and Design By Zen "DBZ" and supersedes any prior agreements in relation to the subject matter of these Terms, whether written or oral. Severability And Waiver ​ 70. Unless as otherwise stated in these Terms, should any provision of these Terms be held totally or partially invalid or unenforceable, such invalidity or unenforceability shall not in any manner affect or render invalid or unenforceable the remaining provisions of these Terms, and the application of that provision shall be enforced to the extent permitted by applicable laws. ​ 71. The failure of Design By Zen "DBZ" to exercise or enforce any of the rights or provisions of these Terms shall not considered as a waiver of Design By Zen "DBZ" s rights to do so. ​ Assignment ​ 72. Design By Zen "DBZ" may assign these Terms and/or delegate any of its obligations hereunder, in whole or in part. ​ 73. You cannot assign or otherwise transfer the benefit of these Terms or any part of them, nor transfer or sub-license your rights under these Terms to any third party, without our prior written consent which may be withheld in our absolute discretion, unless in connection with the transfer of any digital asset. Relationship of Parties 74. Nothing contained in these Terms shall be deemed or construed to create a principal and agent, partnership, or joint venture relationship between you and Design By Zen "DBZ". Force Majeure 75. Design By Zen "DBZ" will not be deemed in default of this User Agreement to the extent that performance of its obligations is delayed or prevented by reason of any external force including, without limitation, war, insurrections, bank failures, strikes, fires, floods, earthquakes, labour disputes, epidemics, governmental regulations, freight embargoes, natural disaster, act of government, pandemics, or any other cause beyond Design By Zens "DBZ" ’s reasonable control. Governing Law 76. These Terms and Conditions, and your use of the Site, are/is governed by and constructed in accordance with the laws of New Zealand, applicable to agreements made and to be entirely performed in New Zealand, without regard to its conflicts of law principles. ​ 77. Each party submits to the non-exclusive jurisdiction of the courts in Tasman, New Zealand and courts of appeal from them in respect of any proceedings arising out of or in connection with this Agreement. ​ 78. Each party irrevocably waives any objection to the venue of any legal process in the Tasman, New Zealand courts on the basis that the process has been brought in an inconvenient forum. ​ Accessing And Amending Personal Information ​ 79. You are entitled to review, correct, or amend your personal information, or to delete that information where it is inaccurate. You may do this by contacting us at Design By Zen. ​ 80. If your access to the site is suspended or terminated, we will keep your information in our database for at least seven years for regulatory purposes. This ensures that those who are attempting to avoid fraud cannot achieve this by simply closing or terminating their access. When your access is closed or terminated, your information will not be used by us for any further purposes, including sharing to third parties.

  • Designer AI Integrator of Life with Style & Technology | by DBZ

    Redefining Longevity with Ethical AI. Welcome to SHE ZenAI -Your AI Powered Legacy Personalized AI for Your Legacy and a Better Tomorrow. Early Access From the tech labs to primetime: Trusted insights, featured stories. Our Designer AI Integrator 101's FAQ on our Artificial Intelligence. Introducing SHE ZenAI Omega* AI and the XPRIZE Project We're excited to announce a strategic pivot towards winning the prestigious XPRIZE with our cutting-edge SHE ZenAI Omega* AI framework. This pivot places our focus on delivering a revolutionary rejuvenation solution for individuals aged 50-80, aiming to turn back the clock by 10 years within 7. As part of this initiative, we are launching the Project Token, allowing supporter involvement. Join us as we revolutionise the future of rejuvenation and AI. How can an Artificial intelligence assist with well-being? SHE ZenAI provides personalized mental and physical well-being updates using data from wearables, smartphones, or manual entries. Users can view trends, correlations, and improve their high scores. How does SHE ZenAI AI understand what I need? SHE ZenAI uses the "Hyfron Approach" for natural human-like interaction to reduce stress and make life more enjoyable based on the principles of Comfort as a measure of satisfaction. Performance What others say about how well we do. "The iPod of Gaming" - Paul Collins, MD, Sticksports ​ "I have had 2 VisionRacers since GT4. It's part of the family now. Get one!" - Greg Murphy, V8 Supercar legend "I could have gone faster if I had a VR3 earlier in my career." - Lucas Ordonez, 1st No.1 VR Pro Driver More Testimonials >> Design By Zen's EDGE E thical - is well-being before profit, D esigner - X factor people & things, G reen - Actions = the right to exist, E cosystem - more valuable together . Step 1: Build knowledge today. Enter Your Email Join Thanks for subscribing we don't share data. JOIN the Waitlist Reimagining Aging: The XPRIZE & SHE ZenAI's Quest for Longevity At Design By Zen, we believe that aging doesn't have to be a decline. Our XPRIZE project, fuelled by SHE ZenAI, is on a mission to redefine longevity by extending health-span by 10 years. Specifically for individuals aged 50-80 within 7 years. SHE ZenAI is new power of personalized AI. A future where aging is synonymous with vitality and well-being. ​ Through advanced Omega* algorithms and ethical AI practices, SHE ZenAI learns and adapts to each individual's unique needs and preferences. By analysing vast amounts of health data while prioritising data privacy, SHE ZenAI provides tailored recommendations to optimise nutrition, exercise, sleep, and stress management. Your in control of what, and when, always. ​ This is just the beginning. SHE ZenAI's potential extends far beyond the XPRIZE. Imagine a world where AI-powered personalized medicine becomes the norm, chronic diseases are prevented, and individuals are empowered to live longer, healthier, and more fulfilling lives. With SHE ZenAI, we're not just participating in the XPRIZE; we're shaping the future of longevity for all. Start Now "I fell in love with the VisionRacer VR3 before it even arrived, and I have never been so satisfied with an entertainment product as I am with this. It's solid and functionally perfect, and it looks amazing too. From the curves, to the chrome finish, it takes a gaming console and turns it into a desirable piece of modern furniture that adds interest to my lounge, but that is just the start. My video racing games are now transformed into a virtual world that I really feel I am in. It's total escapism and total immersion. No wonder they say real drivers use it as a training tool. Friends and family are initially intrigued and then insatiably hooked - it's incredible to watch them sit down and then become immersed - in seconds. You'll never look at gaming the same way once you've tried it. Paddles and controllers are dead. This is the future." ​ Jack Mac, NZ - 06 December 2010 Experience, Expertise, & Achievement's. Links to 33+ Years of Better by Design. - 2924 Unified Theory of Health, Wealth, Connectivity - 2024 SHE ZenAI Omega* Master Algorithm - 2023 SHE ZenAI - SHE ZenAI Q*, K* & O* - 2022 Edgy Angels NFT design - 2021 NunOS Butterfly App design - 2020 Comfort Index Constant (CI) - 2014 "EQ1" Earthquake ready furniture - 2014 "EDGE" NZ 1st virtual reality resort - 2013 RMIT Uni UAV RnD sim lab build - 2011 GT40 V12 X1p car, GT40 history - 2010 WIRED Times Square, by Invite - 2010 VisionRacer "Lovemark" accolade - 2009 WIRED Mag, "VisionRacer 8/10" - 2009 T3 Mag, "Holy Grail of Simulators." - 2009 Patent, CNNZ, US & UK Designs - 2007 BRW Top 100 Houses, H&G Mag - 2003 CULT Sports Cars - 1982 - 2000 -IT, Nets, FOREX Your Personalized AI for Holistic Well-being SHE ZenAI is more than just an AI assistant; it's your personal guide to a healthier, wealthier, and more connected life. Utilizing cutting-edge machine learning and data analytics, SHE ZenAI integrates seamlessly into your daily routine, gathering insights from your wearables, medical records, financial data, and even social interactions. ​ With a focus on data privacy, SHE ZenAI keeps your information secure while providing you with hyper-personalized insights and recommendations. It learns your patterns, anticipates your needs, and proactively suggests actions to improve your Comfort Index—a measure of your overall well-being. ​ Unlike generic AI solutions, SHE ZenAI goes beyond basic tasks. It helps you optimize your diet, manage stress, track investments, and even enhance your relationships. SHE ZenAI is not just about completing tasks; it's about empowering you to live your best life. Learn More Simulating a Healthier Future with Stanford's "AI Town" To further refine our personalized health interventions, SHE ZenAI is integrated with Stanford's innovative "Zen City" simulation. This virtual environment allows us to test and optimize our algorithms in a realistic setting, ensuring that our recommendations are effective and tailored to the complexities of real-world scenarios. ​ By analyzing data from Zen City, SHE ZenAI gains a deeper understanding of how different lifestyle factors impact health outcomes. This enables us to develop even more precise and personalized interventions, ultimately helping individuals achieve their health and longevity goals. ​ The Omega* Zen City integration is a testament to our commitment to continuous innovation and our dedication to pushing the boundaries of what's possible in AI-powered health solutions. Start Now Invest in the Future of Longevity and Ethical AI Join us as we revolutionize the field of longevity and create a future where personalized AI empowers individuals to live longer, healthier, and more fulfilling lives. By investing in our XPRIZE project, you're not just supporting groundbreaking research; you're shaping the future of healthcare and well-being. ​ Your investment will accelerate the development of SHE ZenAI, enabling us to reach more people and make a greater impact on global health. In return, you'll gain access to exclusive updates, early adopter benefits, and the satisfaction of knowing that you're contributing to a cause that will benefit generations to come. ​ Don't miss this opportunity to be part of something truly extraordinary. Contact Simulating a Healthier Future with Stanford's "AI Town" as SHE ZenAI Hospital To further refine our personalized health interventions, SHE ZenAI is integrated with Stanford's innovative "AI Town" simulation as the SHE ZenAI Research Hospital. This virtual environment staffed by PhD agent Dr's allows us to test and optimise our algorithms and actions. This performs in a realistic setting, ensuring that our recommendations are effective and tailored to the complexities of real-world scenarios. ​ By analysing data from SHE ZenAI Hospital Omega* gains a deeper understanding of how different lifestyle factors impact health outcomes. This enables us to develop even more precise and personalized interventions, ultimately helping individuals achieve their health and rejuvenation goals. ​ The Omega* system integration is a testament to our commitment to continuous innovation and our dedication to pushing the boundaries of what's possible in AI-powered health solutions. Start Now

  • SHE Zen AI: The Heartbeat of Design By Zen's AI Integration Mastery

    About Design By Zen. The Vision, the Mission, the Goal of a designer personalized AI with a Comfort Index (CI). About Design By Zen Company TL; DR Address: 9 Johnstones Loop, Tasman, 7175, NZ. (by appointment only) Space: 640m2 Studio, Workshop & Business suite. Nearest City Airport: Nelson - NSN, 41.2968° S, 173.2220° E ​ Email: socialmedia@zenig.nz ​ CEO & Inventor, Author: David W. Harvey Hours of Demonstrable Experience: 80,000+ with Design Patent provenance. ​ SHE ZenAI was developed in-house to "Theory of Minds" Level 4 & personally funded. Ownership: VRI (NZ) Ltd t/s Design By Zen -"DBZ" Associated Luxury Brands: SimRoom.com , CULT Sports Cars.com ​ Image source: Nasa view of the top of the South Island, of NZ. The Vision. The Social Harmony Engine "SHE" as a path of Connected Intelligence. Learn More The Mission.., We're excited to announce a strategic pivot towards winning the prestigious X Prize with our cutting-edge Omega* framework. This pivot places our focus on delivering a revolutionary rejuvenation solution for individuals aged 65-85, aiming to turn back the clock by 10 years within 7 years. Learn More Success Is.., Using SHE ZenAI Omega* technology to win the US$101m X Prize for Health Span Rejuvenation of 10+ years for 65-85 year olds within 7 Years. It's win, win for future SHE ZenAI Users. Learn More The Goal.., Personal & Social Harmony with Improved Well-being. Meet the Team Discover a team of visionary experts, where technology and empathy intersect. Read More David Harvey CEO & Inventor, Author My Profile Brent Marshell Production My Profile Maxine Gold PA to Management Posts Dave Anderson AI Agent Orchestration Posts Sara Webb Multi Modal Media Posts Bruce Sullivan Business Development Posts Our Story With over 80,000 hours of tech expertise and 40+ years of transformative research, I stand at the cusp of a brave new era—an era where AI and machine learning are reshaping our world at an unprecedented pace. ​ My journey through technology has been nothing short of a rollercoaster ride. From the early days of DEC mini-computers and PCs to the evolution of OSI layers, CAD design, and the Internet, each moment has been a stepping stone. Each leading to leading a niche of today's mobile, dynamic AI landscape. My roles have been as diverse as the industry itself, ranging from grassroots beginnings in the storeroom electronics to the echelons of CEO leadership and a successful exit to a U.S. VC firm. ​ However, what has truly inspired me are the people I've led—the transformation that good leadership can bring to a team. This experience, coupled with the highs and lows of tech entrepreneurship, led me to research the far-reaching impacts of technology on human well-being. These insights are now the empathetic backbone of the Social Harmony Ecosystem, an Engine for a new era. ​ AI may be at the core of our efforts, but it is not our driving force. From day one, my approach has been one of holistic partnership, ensuring that technology serves us, not the other way around. ​ The story is beginning not ending. 2009 VisionRacer VR3 MkI with PlayStation 3 -installed in 45 countries - © SimRoom a Design By Zen Simulation Brand Better By Design Our value is built on demonstrable heritage, craftsmanship & a passion for excellence. Our hands-on engineering experiences reflect in our designs or productions. Technology now brings ecosystem elements to life that are better by design. ​ Experiences as a passionate owner/driver & builder of sports cars are published in articles & hardback car books . We understand the emotion of driving raw power with no aids. Solo aircraft hours were logged in an antique aircraft that made a Morris Minor look powerful to understand flying. Restoring one of New Zealand's most iconic wooden mansions & research Institutes saved Fellworth House from terminal decline was rewarding. That experience and expertise is a life journey of study. But above all, we present "What You See Is What You Get" following Dieter Ramms philosophy. ​ 1 Good design is innovative 2 Good design makes a product useful 3 Good design is aesthetic 4 Good design makes a product understandable 5 Good design is unobtrusive 6 Good design is honest 7 Good design is long-lasting 8 Good design is thorough down to the last detail 9 Good design is environmentally-friendly 10 Good design is as little design as possible Learn More The EDGE stream, Savill Bay, NZ -we cared for, restored & drank from this water for 16 years. image © David Harvey Green = Actions versus paper promises. DBZ's Commitment: Authentic Environmental Action I grew from seed, planted and nurture an entire native forest over a decade. This offsets the carbon footprint of the entire DBZ ecosystem. Crafting sustainably, ensures that as we progress, we never lose sight of our green roots. Build a Legacy: DBZ's Commitment to Authentic Environmental Action Our native forest project isn't just an initiative; it's our legacy, our contribution to a planet that deserves more. With each year, as our forest grows, its benefits to the Earth multiply, emphasising our role as stewards of nature. Personal Advocacy: Nutrition and Environment DBZ promotes growing your food for personal and environmental benefits. Cultivating food connects us to the land, highlighting the balance between consumption and conservation. Marrying Innovation with Sustainable Design The DBZ ecosystem thrives at the intersection of design and technology. We focus on sustainable crafting while never losing sight of nature. AI, Forna, and Flora are closer than one first associate. Back Our Back Story Our journey starts by being born into the Jet & Atomic ages of the 1960s. People "dialled" telephones fixed to the wall or on a hall table. Telephones "lines" were sometimes shared and called "party lines". Each party had a ring code. Phone "Booths" were public telephones on every second or third street with Post Boxes for mail. A black & white valve Tv had two government-approved channels commencing broadcast at 3 pm. The local library was the encyclopaedic window to the world -for the town population of 6000. ​ 5km from my town in New Zealand is the birthplace of Lord Rutherford . Lord Rutherford was the first & foremost applied Atomic physicist of the 1800s. Lord Rutherford journeyed from a small shack with twelve siblings to being laid to rest, as a pier, to Sir Issac Newton in Westminster Abby. The great man said, "We had no money, so we had to think." That quote was the ticket to anything being possible (within the laws of physics). ​ My last assignment before leaving NZ was the legal survey & propose site levelling preparations of the earliest "Fox Hill" Rutherford house site. The original Rutherford house was demolished in the 1920s. The site was little more than a small paddock with old stock drinking toughs & a vague outline of old gardens. Learn More Experience builds Expertise Our Back Story The RS423, X.25, Internet, Big Bang, Y2K, Dot.com, Gaming & GFC, 4G, iPhone, Social media, Bitcoin, W3, I was there. From an insatiable curiosity and a lack of money at eight years old, I started building miniaturized "cat whisker" radio sets for primary school kids to rent for two cents. Denied access to read a new book on microprocessors at my workplace, I moved to Australia at 19 years old, just one day after graduating. Personal computers were still a year away, and mainframe computers ruled. It was the Yuppie era, and the mantra was "he who has the most toys wins." Australian industries benefited from processing data, and by 1989, it was time to move to London to network big DEC systems. This coincided with the rise of the public internet over the next five years. A US VC group closed the purchase of the network consulting business on the eve of the Year 2000, allowing me to embark on the next chapter of my life, pursuing luxury lifestyle elements and personal development. We examined hard questions and proposed solutions about life with style and technology in the AI-VR era. Event Milestones Research, Understanding, & Execution Since '91 Read More CULT Sports Cars A passion for sports cars since childhood lead to the formation of CULT Sports Cars in 2003. We have owned, driven, restored and scratch built some of the most beautiful and exotic cars in history. ​ An example of The CULT Sports car collection is the GT40 X1 "P." This is a reimagined 1965 Ford GT40 . Sporting a hand-built BMW 5 ltr V12 with quad, triple 46 IDA Weber carburettors. The car has been included in the hardback reference book history by noted Porsche authority Adrian Streather . The "X1 P" is a marquee part of the CULT Sports Car collection. The finishing & sale creates project economies. The car has reached a running & driveable state requiring final interior design elements & final build. The select project sponsors will become part of vehicle & digital / NFT history. ​ The other cars are 1968 & 1970 Alfa Romeo GTV 1750, Lola T70's, Datsun 240Z, Fiat 500. Learn More Learn More New Zealands First VR Resort The EDGE Club resort is a virtual resort developed from the actual site data. Now in 2024 persistent reality technology by companies like nVidia make the project a viable reality. I spent 16 years living on & off, planting 40,000 trees & plants from seeds & cuttings. The experience of living remotely with Zen periods is the inspiration to share the experience as a virtual resort. Restoring New Zealand's Research History 2007 Business Review Weekly Top 100 NZ Houses, ​ 2008 NZ House & Garden Magazine feature article. Learn More RMIT University Simulation R & D Suite The Military type suppliers came from a top-down view, "we have it, so it must be best". The (ex DARPA -US Govt., Special Technology Research) RMIT Professor took the view that gaming was providing an expansive, open, well-funded technology base. Given our prestigious client base, global systems experience and ability to innovate we were given the latitude to design the simulation and realtime / real-world interfaces. "SimRoom responded with a world-class system design, in fact, leading edge. Their commitment and attention to detail were nothing less than their reputation suggested. SimRoom promised the RMIT something special. What we have installed is awesome.” Dr. Reece Clothier, Deputy Director, Aerospace Research Centre, RMIT, 2014 Dr. Clothier was the Deputy Director of the Sir Lawrence Wackett Aerospace Research Centre and a Senior Lecturer in the School of Aerospace, Mechanical and Manufacturing Engineering, RMIT University, Melbourne, Australia. Learn More SimRoom & RiftRoom Design Use Cases Video 2008 - 2014 BY "The holy Grail of race simulators". Where Innovation Meets Opportunity Explore "With a VisionRacer, I could have gone faster!" Lucas Ordonez . ​ Watch his story about the impossible in 2008. "VisionRacer, This Is The Future" “I fell in love with the VisionRacer before it even arrived, and I have never been so satisfied with an entertainment product as I am with this. It's solid and functionally perfect, and it looks amazing too. From the curves, to the chrome finish, it takes a gaming console and turns it into a desirable piece of modern furniture that adds interest to my lounge, but that is just the start. My video racing games are now transformed into a virtual world that I really feel I am in. Total escapism, and total immersion. No wonder they say it is used by real drivers as a training tool. Friends and family are initially intrigued, and then insatiably hooked - it's incredible to watch them sit down, and then become immersed - in seconds. You'll never look at gaming the same way once you've tried it. Paddles and controllers are dead. This is the future.” Jack Mac, NZ - 06 December 2010 Join & build the Universe. Great brands we have worked with. Subscribe today, build knowledge. Enter Your Email Join Thanks for subscribing. We respect your privacy.

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