Terms of Service
Please read the following terms carefully before using Thezooom.com.
This Terms of Service is effective and was last updated as of March 12th, 2012.
Table of contents:
I. Terms of Service
II. Access to the Services
III. User Account
IV. General Terms
V. User posted and third party content
VI. Prohibited actions
VII. Account termination policy
VIII. Digital Millennium Copyright Act
X. Electronic communications
XIII. Disclaimers and limitation of liability
I.Terms of Service
A. By accessing Thezooom.com website (the “Website”), owned and operated by TheSpringLabs, or using the services offered by Thezooom (the“Services”) users of the Website and the Service (the“users” or “you”) agree and acknowledge to be bound by these Terms of Service (the “Terms”). The Terms govern any information, tags, messages, graphics or other materials uploaded, downloaded, or appearing as a result of the use of the Services (collectively, the “Content”). By accessing or using the Services, you agree to be bound by these Terms.
B. Although Thezooom (“we”, “us” or “our”) may attempt to notify you when major changes are made to these Terms, you should periodically review the most up-to-date version. We may, at our sole discretion, modify or revise these Terms and policies at any time by giving notice on the Website, and you agree to be bound by such modifications or revisions. Nothing in these Terms shall be deemed to confer any third-party rights or benefits.
II. Access to the Services
A. TheSpringLabs will use reasonable efforts to ensure that the Website and Services are available twenty-four hours a day, seven days a week. However, there will be occasions when the Website and/or Services will be interrupted for maintenance, upgrades and repairs or due to failure of telecommunications links and equipment. Every reasonable step will be taken by TheSpringLabs to minimize such disruption where it is within TheSpringLabs’s reasonable control. You agree that neither TheSpringLabs nor the Website will be liable in any event to you or any other party for any suspension, modification, discontinuance or lack of availability of the Website, the Service, your User Content or other Content.
B. Users also certifies that it is legally permitted to use the Services and access the Website, and takes full responsibility for the selection and use of the Services and access of the Website. This Agreement is void where prohibited by law, and the right to access the Website is revoked in such jurisdictions. Access to the Content may not be legal by certain persons or in certain countries. If You access the Website, You do so at Your own risk and You are responsible for compliance with the laws of Your jurisdiction.
III. User Accounts
A. Creation of a User Account.
a. In order to create a user account on the Website (a “User Account”), you must (i) agree to be bound by these Terms, (ii) provide a valid username, password and email address, and (iii) provide any other information required during the registration process. You are responsible for providing complete and accurate information when registering for a User Account. You are responsible for maintaining the security of the User Account and password. You are also responsible for all content that is posted to the Website using the User Account we provide to you, as well as any other activity originating from the User Account we provide to you.
You must immediately notify of any unauthorized uses of your account or any other breaches of security. TheZooom will not be liable for any acts or omissions by You, including any damages of any kind incurred as a result of such acts or omissions.
By creating an account, you hereby agree to comply with all applicable law. We reserve the right to deny registration of any individual and to deny access to our Services to any individual. Notwithstanding anything to the contrary herein, you acknowledge and agree that you shall have no ownership or other property interest in the User Account we provide to you.
Users may not post or transmit, or cause to be posted or transmitted, any communication or solicitation designed or intended to obtain password, account, or private information from any Website user.
B. Suspension and Termination of Account and Service.
a. Generally, accounts created with us will be considered active until we receive a user request to deactivate or delete them; however, we reserve the right to terminate any account that has been inactive for 180 days.
b. We reserve the right to limit, suspend, terminate, modify, or delete (i) the User Account we provide to you or (ii) your access to our services or portions thereof (including any Content you or other users submit) for any reason, including if you are, or we suspect that you are, failing to comply with any of these terms (including, without limitation, the “prohibited actions” set forth in Section VI below) or for any actual or suspected illegal or improper use of the service, with or without notice to you. In the event of any of the above, we reserve the right to reassign your User Name.
c. We also reserve the right to stop offering and/or supporting the Service or any part of the Service at any time either permanently or temporarily, at which point your use of the Service or a part thereof will be automatically terminated or suspended.
d. We will not provide refunds, benefits or other compensation to users in connection with our exercise of any of our rights hereunder.
e. You may cancel any User Account registered to you at any time by following the “Delete my Account” link in your Account Information page.
Deleting your account is totally permanent and cannot be undone.
All your data, your profile pictures, messages, liked contents, following and friend list, everything (except your submitted contents), will all be deleted.
Please note that your submitted content (or Zoooms) will not be deleted : any photos, video, or files you have published using the Submit page will continue to remain on thezooom.com website assigned to the default author.
You can manually remove any your submitted content before deleting your account.
IV. General Terms
A. You are responsible for your use of the Website and Services, for any content you post using the Services, and for any consequences or liability arising therefrom. Other users of the Services will be able to view the Content you post, or display. You should only provide Content you are comfortable sharing under these Terms.
B. The Services may include advertisements targeted to users, Content or queries made through the Services, or other information. The types and extent of advertising by us on the Services are subject to change. In consideration for us granting you access to and use of the Services, you agree that we and our third party providers and partners may place such advertising on the Services or in connection with the display of Content or information from the Services whether submitted by you or others.
C. The Services that we provide are always evolving and the form and nature of the Services may change from time to time without prior notice to you. In addition, we may stop (permanently or temporarily) providing the Services (or any features within the Services) to you or to users generally and may not be able to provide you with prior notice. We also retain the right to create limits on use and storage at our sole discretion at any time without prior notice to you.
D. The Services is intended for use only by adults who are 18 years or older. By accessing and using this Website, and by submit Content to this Website, you are confirming that you are an adult.
E. By using this Website, you acknowledge that TheSpringLabs is not responsible or liable for any harm resulting from (i) use of the Website; (ii) downloading information contained on the Website including but not limited to downloads of content posted by Users; (iii) unauthorized disclosure of images, information or data that results from the upload, download or storage of content posted by Users; (iv) the temporary or permanent inability to access or retrieve any User Content from the Website, including, without limitation, harm caused by viruses, worms, trojan horses, or any similar contamination or destructive program.
V. User posted and third party content
Thezooom does not produce any Content. All Content is produced by the Users of the Website.
A. By submitting content of any kind to this Website, you are confirming and agreeing that You are 18 years or older.
B. We do not review new Content prior to it being posted on the Website. By transmitting Content to our server you guarantee us that you have the right to make this Content available for use. You further agree that Content you submit to the Service will not contain third party copyrighted material, or material that is subject to other third party rights (including rights to publicity and privacy), unless you have permission from the rightful owner of the material or you are otherwise legally entitled to post the material and to grant Thezooom all of the license rights granted herein.
C. Any use or reliance on Content posted using the Services or obtained by you through the Services is at your own risk.
D. We do not guarantee, support or represent the completeness, reliability, truthfulness or accuracy of any Content appearing on the Website. You understand that by using the Services, you may be exposed to Content you may find offensive, inaccurate or otherwise inappropriate, deceptive or in some cases, mislabeled. We expressly disclaim any liability for any Content, including, but not limited to, any errors or omissions within any Content, or any loss or damage of any kind incurred as a result of the use of any Content posted, emailed, transmitted or otherwise made available via the Services.
F. By submitting Content to Thezooom for inclusion on your Website, you grant Thezooom.com a world-wide, royalty-free, and non-exclusive license to reproduce, modify, adapt and publish the Content solely for the purpose of displaying, distributing and promoting your account. If you remove your Account, all your Contents remain available and visible to Thezooom.com Website with default account associated.
G. The entire contents of the Website are Copyright © 2012 by Thezooom.com. All rights reserved. The trademarks, software or source code, service marks, and trade dress displayed at this Website are owned by TheSpringLabs. Anyone found imitating, copy, modify, publish, stealing content without a specific permission from the Website will be liable to prosecution.
H. We reserve the right to limit or terminate the Services, remove hosted content and take technical and legal steps to bar users from the Website if we believe them to be in violation of these Terms. If you feel that any Content currently posted on the Website is in violation of these Terms, please click on the “Report this Entry” link next to the non-compliant Content and follow the instructions provided.
VI. Prohibited actions
A. You agree that you will not:
* Take any actions with respect to your use of the Website that are unlawful, false, misleading, harmful, threatening, embarrassing, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, deceptive, fraudulent, invasive of another’s privacy, hateful, or contains explicit or graphic descriptions, accounts or photographic depictions of sexual or violent acts;
* Transmit any Content that victimizes, harasses, degrades, or intimidates an individual or group of individuals on the basis of any impermissible classification, including, but not limited to posting discriminatory, racist or xenophobic Content;
* Transmit any Content that includes images or videos portraying realistic images of people or animals being killed or maimed, shot, stabbed, tortured or injured;
* Transmit any Content that infringes any patent, trademark, trade secret, copyright, or other intellectual or proprietary right of any party;
* Transmit any Content that you do not have a right to transmit under any law or under any contractual or fiduciary relationship;
* Transmit any Content that encourages excessive consumption of alcohol or illegal substances, or encourages minors to consume alcohol or smoke cigarettes;
* Transmit or post web links to any material that contains software viruses or any other computer code, files, or programs designed to interrupt, destroy, or limit the functionality of the Website, the Service, or any system or computer our Visitors and Users access the Website from;
* Interfere with or disrupt the Website or servers or networks linked to the Website, or disobey any requirements, procedures, policies, or regulations of networks linked to the Website;
* Violate any applicable local, state, national, or international law;
* Transmit any Content that includes images or videos of children, without first obtaining the consent of their parent to post such Content;
* Transmit any Content, or take any other actions with respect to your use of the Website, that would constitute, or would otherwise encourage, criminal conduct or conduct that could give rise to civil liability;
* Send unsolicited messages to Users (Spam) for commercial purposes;
* Use the Website for commercial purposes without our prior written consent; or
* Solicit other guests of the Website to become members of any commercial on-line service or other group or organization without first obtaining our express written consent.
VII. Account termination policy
A. We will terminate a user’s access to the Service if, under appropriate circumstances, the user is determined to be a repeat infringer. We reserve the right to decide whether Content violates these Terms for reasons other than copyright infringement, such as, but not limited to, pornography, obscenity, or excessive length. We may at any time, without prior notice and at our sole discretion, remove such Content and/or terminate a user’s account for submitting such material in violation of these Terms.
VIII. Digital Millenium Copyright Act
A. We will investigate notices of copyright infringement and take appropriate actions under the Digital Millennium Copyright Act, 17 U.S.C Sec. 512(c)(2) (“DMCA”).
Notices of claimed copyright infringement must be in strict compliance with all terms and conditions of the DMCA and must be submitted to our designated agent at the following email address: email@example.com.
If You believe that content residing or accessible on the Website infringes a copyright, please send a notice of copyright infringement containing the following information to us.
- Identification of the work or material being infringed.
- Identification of the material that is claimed to be infringing, including its location, with sufficient detail so that TheSpringLabs is capable of finding and verifying its existence.
- Contact information about the notifying party (the Notifying Party), including name, address, telephone number and e-mail address.
- A statement that the Notifying Party has a good faith belief that the material is not authorized by the copyright owner, its agent or law.
- A statement made under penalty of perjury that the information provided in the notice is accurate and that the Notifying Party is authorized to make the complaint on behalf of the copyright owner.
- The Notifying Party’s physical or electronic signature.
After receiving notification of an alleged infringement that meets all of the requirements above, TheSpringLabs shall:
- Disable access to or remove material that it has a reasonable, good faith belief is copyrighted material that has been illegally copied and distributed by any subscriber to the Website.
- TheSpringLabs will then immediately notify the User responsible for the allegedly infringing material (the Offending User) that it has removed or disabled access to the material.
-TheSpringLabs reserves the right, at its discretion, to immediately terminate the account of any User who is the subject of repeated takedown notices.
On the other hand, a User who believes they are the wrongful subject of a copyright takedown notice, may file a counter notification with TheSpringLabs by providing the following items:
- The specific URLs of material that TheSpringLabs has removed or to which TheSpringLabs has disabled access.
- User’s name, address, telephone number, and email address.
- The following statement: “I swear, under penalty of perjury, that I have a good faith belief that the material was removed or disabled as a result of a mistake or misidentification of the material to be removed or disabled.”
- User’s signature.
Upon receipt of a counterclaim, TheSpringLabs will forward it to the party who submitted the original copyright infringement claim. The original complainant will then have 10 days to notify us that he or she has filed legal action relating to the allegedly infringing material. If TheSpringLabs does not receive any such notification within 10 days, we may restore the material to the Website.
For clarity, only DMCA notices should go to the Copyright Agent; any other feedback, comments, requests for technical support, and other communications should be directed to Thezooom customer support .
You acknowledge that if you fail to comply with all of the requirements your DMCA notice may not be valid.
A. You hereby agree to defend, indemnify and hold us, our business partners, third-party suppliers and providers, licensors, officers, directors, employees, distributors and agents (collectively, the “Indemnified Parties”) harmless from and against any damages, losses, liabilities, settlements, and expenses (including without limitation costs and reasonable attorneys’ fees) in connection with any claim or action that (i) arises from any alleged breach by you of this Agreement or any representations, warranties and/or covenants contained herein, (ii) arises from the Content or effects of any messages you distribute using our Service, or (iii) otherwise arises from or relates to your use of our Service.
In addition, you acknowledge and agree that the Indemnified Parties have the right to seek damages when you use our Service for unlawful purposes, in an unlawful manner, and/or in a manner inconsistent with the terms of this Agreement, and that such damages may include, without limitation, direct, indirect, special, incidental, cover, reliance and/or consequential damages.
X. Electronic communications
A. You consent to receive communications from us electronically.
We will communicate with you by e-mail to your registered email address or by posting notices on this site. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
A. Thezooom provides access to portions of its site and services via RSS feeds; for the purposes of these terms, such access constitutes use of the Website and services. We ask that you use these features respectfully.
You may not use these or any other features or the Website itself to allow the display of a substantial portion of the Thezooom database or reproduce, duplicate or copy the Website. We reserve the rights to change these features at any time and to disable access to the feeds and the API at any time for any reason.
XIII. Disclaimers and limitation of liability
A. No Express or Implied Warranties.
OUR WEBSITE AND SERVICE ARE PROVIDED “AS IS” AND WE EXPRESSLY DISCLAIM ALL WARRANTIES OR CONDITIONS OF ANY KIND, EXPRESS, IMPLIED OR STATUTORY, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT, OTHER THAN THOSE WARRANTIES WHICH ARE INCAPABLE OF EXCLUSION, RESTRICTION OR MODIFICATION UNDER THE LAWS APPLICABLE TO THIS AGREEMENT. SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS AS TO HOW LONG AN IMPLIED WARRANTY LASTS, SO THE ABOVE LIMITATIONS OF LIABILITY MAY NOT APPLY TO YOU. YOU MAY ALSO HAVE OTHER LEGAL RIGHTS WHICH VARY DEPENDING ON YOUR PLACE OF RESIDENCE.
WE ARE NOT LIABLE FOR ANY DELAY OR FAILURE TO PERFORM RESULTING FROM ANY CAUSES BEYOND OUR REASONABLE CONTROL. AS SUCH, WE ARE NOT LIABLE FOR ANY ACTS OR OMISSIONS BY ANY OTHER PARTY FURNISHING A PORTION OF OUR. WE DO NOT WARRANT THAT OUR SERVICE WILL BE CONTINUOUS AND UNINTERRUPTED, SECURE OR ERROR OR VIRUS FREE, NOR DO WE MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM USE OF OUR SERVICE. USE OF OUR SERVICE AND ANY RELIANCE BY YOU UPON OUR SERVICE IS AT YOUR SOLE RISK. THIS INCLUDES ANY ACTION TAKEN BY YOU BECAUSE OF SUCH USE OR RELIANCE.
B. LIMITATION OF LIABILITY. WE SHALL NOT BE LIABLE TO YOU FOR PERSONAL INJURY, OR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, PUNITIVE OR OTHER DAMAGES (INCLUDING WITHOUT LIMITATION DAMAGES FOR LOSS OR INTERRUPTION OF BUSINESS, LOSS OF DATA, LOSS OF GOODWILL OR LOST PROFITS), UNDER ANY THEORY OF LIABILITY, INCLUDING WITHOUT LIMITATION CONTRACT, NEGLIGENCE, STRICT LIABILITY OR OTHER THEORY ARISING OUT OF OR RELATING IN ANY WAY TO THESE TERMS OF SERVICE, EVEN IF WE HAVE BEEN ADVISED OF THE RISK OF SUCH DAMAGES. BY ENTERING INTO THIS AGREEMENT, YOU AGREE THAT OUR LIABILITY TO YOU SHALL NOT EXCEED THE AMOUNT OF THE MONTHLY SUBSCRIPTION FEE WE COLLECT FROM YOU.
YOU SPECIFICALLY ACKNOWLEDGE THAT WE SHALL NOT BE LIABLE TO YOU OR ANY THIRD PARTY FOR YOUR USE OF OUR WEBSITE, OUR SERVICE OR STORAGE, DISPLAY OR TRANSMISSION OF ANY CONTENT OR FOR YOUR OR ANY THIRD PARTIES’ DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT AND THAT THE RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH YOU.
BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH STATES OR JURISDICTIONS THE ABOVE LIMITATIONS AND EXCLUSIONS MAY NOT APPLY TO YOU. IN SUCH STATES OR JURISDICTIONS, OUR LIABILITY IS LIMITED TO THE EXTENT PERMITTED BY LAW, THEREBY MINIMIZING OUR LIABILITY TO YOU TO THE LOWEST AMOUNT PERMITTED BY APPLICABLE LAW
A. Suggestions and Feedback.
We welcome feedback or inquiries about our services. However, if you elect to provide any feedback or comments of any nature to us, all of such feedback and comments shall be our sole and exclusive property and we will have the right to use such feedback in any manner and for any purpose at our discretion without remuneration, compensation or attribution to you, provided that we are under no obligation to use such feedback.
B. Right to Assign.
This Agreement, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned or delegated by us, in whole or in part, without restriction.
C. No Agency.
No agency, partnership, joint venture, or employment is created as a result of the Agreement, and you do not have any authority of any kind to bind us in any respect whatsoever.
D. Interpretation and Entire Agreement.
F. For Parents.
This Website is not intended for Users under the age of 18. Control tools are available from online services and software manufacturers that can help provide a safe online environment for kids. You can find out about software that protects your kids at http://www.ftc.gov/bcp/edu/pubs/consumer/tech/tec08.shtm and at http://kids.getnetwise.org/tools/.
G. Contact Us.
If you have any questions, comments or concerns about these Terms and/or the Website, you may send an inquiry to: firstname.lastname@example.org. However, please note that communications made through the Website’s e-mail and messaging system shall in no way be deemed to constitute legal notice to us or any of its officers, employees, agents or representatives, such as where notice to us is required by contract, or any federal, state or local laws, rules or regulations.