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| TERMS OF USE |
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| Site Rules
ZooZu is an online community designed to
allow its visitors to find and share opinions
on a broad variety of topics. In order to
encourage an environment conducive to the
good faith exchange of ideas and opinions,
a number of common sense guidelines have
been created. The
following behaviors are off limits:
- Posting content
that is not your own.
- Creating multiple
accounts.
- Attempting to
artificially inflate the rating or ranking
of any particular item by voting down
other items within a topic.
- Attempting to
artificially inflate the number of "helpful"
or "not helpful" associated with any account,
including your own.
- Harassment of
other users.
- Flaming. Disagreement
is to be expected, but personal attacks
on other reviewers are off limits. This
includes attacks on the integrity of other
ZooZu reviews.
- Using profanity
or hateful and/or threatening language
in comments.
- Posting comments
that have nothing to do with the item
being rated or spamming.
- Using e-mail tools
such as personal messaging to send Spam.
- Creating nicknames
or personal profiles that are inflammatory
or vulgar.
- Posting the same
comment repeatedly for different businesses
or services.
- Posting blatant
commercial pitches with no redeeming content.
- Calls to action.
- Disparaging specific
employees when reviewing companies, or
disclosing personally identifying information
such as email addresses, phone numbers,
addresses, etc.
- Misappropriating another's identity
or embezzlement.
To summarize, use your common sense
and try to make the ZooZu.com community a
better place with your postings. Any behavior
that is deceptive, obnoxious, or that threatens
the spirit of the community of ZooZu.com is
likely off limits, and could result in disciplinary
action up to and including loss of posting
privileges.
- ACCEPTANCE
OF TERMS
Zoozu Inc. ("Zoozu") welcomes you. Zoozu
provides its service to you, subject to
the following Terms of Service ("TOS"),
which may be updated by us from time to
time without notice to you.
In addition, when using particular Zoozu
owned or operated services, you and Zoozu
shall be subject to any posted guidelines
or rules applicable to such services,
which may be posted from time to time.
All such guidelines or rules are hereby
incorporated by reference into the TOS.
Zoozu may also offer other services that
are governed by different Terms of Service.
- DESCRIPTION
OF SERVICE
Zoozu provides users with access to a
rich collection of resources, including
information about various professionals,
tools to submit ratings and search services
under different criteria through its network
of properties which may be accessed through
any various medium or device now known
or hereafter developed (the "Service").
You also understand and agree that the
Service may include advertisements and
that these advertisements are necessary
for Zoozu to provide the Service. You
also understand and agree that the Service
may include certain communications from
Zoozu such as service announcements, administrative
messages and the Zoozu Newsletter, and
that these communications are considered
part of Zoozu membership and you will
not be able to opt out of receiving them.
Unless explicitly stated otherwise, any
new features that augment or enhance the
current Service, including the release
of new Zoozu properties, shall be subject
to the TOS. You understand and agree that
the Service is provided "AS-IS" and that
Zoozu assumes no responsibility for the
timeliness, deletion, mis-delivery or
failure to store any user communications
or personalization settings. Zoozu also
assumes no responsibility for any comment(s)
that are made available or passed through
the use of the "Service". You are responsible
for obtaining access to the Service and
that access may involve third party fees
(such as Internet service provider or
airtime charges). You are responsible
for those fees, including those fees associated
with the display or delivery of advertisements.
In addition, you must provide and are
responsible for all equipment necessary
to access the Service.
Please be aware that there may be certain
contents of Zoozu that contain mature
or adult subjects, you must be at least
18 years of age to access and view such
areas.
- REGISTRATION
POLICY & OBLIGATIONS
In consideration of your use of the Service,
you represent that you are of legal age
to form a binding contract and are not
a person barred from receiving services
under the laws of the Canada or other
applicable jurisdiction. You also agree
to:
- Provide true,
accurate, current and complete information
about yourself as prompted by the
Service's registration form (such
information being the "Registration
Data")
- Maintain and
promptly update the Registration Data
to keep it true, accurate, current
and complete. If you provide any information
that is untrue, inaccurate, not current
or incomplete, or ZooZu has reasonable
grounds to suspect that such information
is untrue, inaccurate, not current
or incomplete, Zoozu has the right
to suspend or terminate your account
and refuse any and all current or
future use of the Service (or any
portion thereof).
- ZOOZU
PRIVACY POLICY
Zoozu takes your privacy seriously. Please
read the following to learn more about
our privacy policy. Registration Data
and certain other information about you
is subject to our Privacy Policy. For
more information, see our full privacy
policy at www.zoozu.com/privacy_policy.htmYou
understand that through your use of the
Service you consent to the collection
and use (as set forth in the Privacy Policy)
of this information, including the transfer
of this information to the Canada and/or
other countries for storage, processing,
and use by Zoozu and its affiliates.
- MEMBER
ACCOUNT, PASSWORD AND SECURITY
You will receive a password and account
designation upon completing the Service's
registration process. You are responsible
for maintaining the confidentiality of
the password and account, and are fully
responsible for all activities that occur
under your password or account. You agree
to:
- Immediately
notify Zoozu of any unauthorized use
of your password or account or any
other breach of security, and
- Ensure that
you exit from your account at the
end of each session. Zoozu cannot
and will not be liable for any loss
or damage arising from your failure
to comply with this Section 5.
- MEMBER
CONDUCT AND REGULATIONS FOR USING SERVICE
You understand that all information, data,
text, software, music, sound, photographs,
graphics, video, messages or other materials
("Content"), whether publicly posted or
privately transmitted, are the sole responsibility
of the person from which such Content
originated. This means that you, and not
Zoozu, are entirely responsible for all
Content that you upload, post, email,
transmit or otherwise make available via
the Service. Zoozu does not control the
Content posted via the Service and, as
such, does not guarantee the accuracy,
integrity or quality of such Content.
You understand that by using the Service,
you may be exposed to Content that is
offensive, indecent or objectionable.
Under no circumstances will Zoozu be liable
in any way for any Content, including,
but not limited to, for any errors or
omissions in any Content, or for 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 Service.
You agree to not use the Service to:
- Upload, post,
email, transmit or otherwise make available
any Content that is unlawful, harmful,
threatening, abusive, harassing, tortuous,
defamatory, vulgar, obscene, libelous,
invasive of another's privacy, hateful,
or racially, ethnically or otherwise
objectionable;
- Upload, post,
email, transmit or otherwise make available
any Content that you do not have a right
to make available under any law or under
contractual or fiduciary relationships
(such as inside information, proprietary
and confidential information learned
or disclosed as part of employment relationships
or under nondisclosure agreements);
- Upload, post,
email, transmit or otherwise make available
any Content that infringes any patent,
trademark, trade secret, copyright or
other proprietary rights ("Rights")
of any party;
- Upload, post, email, transmit or otherwise
make available any unsolicited or unauthorized
advertising, promotional materials,
"junk mail," "spam," "chain letters,"
"pyramid schemes," or any other form
of solicitation, except in those areas
(such as shopping rooms) that are designated
for such purpose (please read our complete
Spam Policy);
- Upload, post,
email, transmit or otherwise make available
any material that contains software
viruses or any other computer code,
files or programs designed to interrupt,
destroy or limit the functionality of
any computer software or hardware or
telecommunications equipment;
- Impersonate
any person or entity, including, but
not limited to, a Zoozu official, forum
leader, guide or host, or falsely state
or otherwise misrepresent your affiliation
with a person or entity;
- Forge headers
or otherwise manipulate identifiers
in order to disguise the origin of any
Content transmitted through the Service;
- Disrupt the
normal flow of dialogue, cause a screen
to "scroll" faster than other users
of the Service are able to type, or
otherwise act in a manner that negatively
affects other users' ability to engage
in real time exchanges;
- Interfere with
or disrupt the Service or servers or
networks connected to the Service, or
disobey any requirements, procedures,
policies or regulations of networks
connected to the Service;
- "Stalk" or otherwise
harass another; and/or
- Harm minors
in any way;
- Intentionally
or unintentionally violate any applicable
local, state, national or international
law, including, but not limited to,
regulations promulgated by the U.S.
Securities and Exchange Commission,
any rules of any national or other securities
exchange, including, without limitation,
the New York Stock Exchange, the American
Stock Exchange or the NASDAQ, and any
regulations having the force of law;
- Provide material
support or resources (or to conceal
or disguise the nature, location, source,
or ownership of material support or
resources) to any organization(s) designated
by the Canada government as a foreign
terrorist organization pursuant to section
219 of the Immigration and Nationality
Act;
- Collect or store
personal data about other users in connection
with the prohibited conduct and activities
set forth in paragraphs a through n
above.
- SPECIAL
ADMONITIONS FOR INTERNATIONAL USE
You acknowledge that Zoozu may or may
not pre-screen Content, but that Zoozu
and its designees shall have the right
(but not the obligation) in their sole
discretion to pre-screen, refuse, or move
any Content that is available via the
Service. Without limiting the foregoing,
Zoozu and its designees shall have the
right to remove any Content that violates
the TOS or is otherwise objectionable.
You agree that you must evaluate, and
bear all risks associated with, the use
of any Content, including any reliance
on the accuracy, completeness, or usefulness
of such Content. In this regard, you acknowledge
that you may not rely on any Content created
by Zoozu or submitted to ZooZu, including
without limitation information in Zoozu
Message Boards, and in all other parts
of the Service.
You acknowledge, consent and agree that
Zoozu may access, preserve, and disclose
your account information and Content if
required to do so by law or in a good
faith belief that such access preservation
or disclosure is reasonably necessary
to:
- Comply with
legal process;
- Enforce the
TOS;
- Respond to
claims that any Content violates the
rights of third-parties;
- Respond to
your requests for customer service;
or
- Protect the
rights, property, or personal safety
of Zoozu, its users and the public.
You understand that the technical processing
and transmission of the Service, including
your Content, may involve
- Transmissions
over various networks; and
- Changes to
conform and adapt to technical requirements
of connecting networks or devices.
You understand that the Service and software
embodied within the Service may include
security components that permit digital
materials to be protected, and use of
these materials is subject to usage rules
set by Zoozu and/or content providers
who provide content to the Service. You
may not attempt to override or circumvent
any of the usage rules embedded into the
Service. Any unauthorized reproduction,
publication, further distribution or public
exhibition of the materials provided on
the Service, in whole or in part, is strictly
prohibited.
- SPECIAL
ADMONITIONS FOR INTERNATIONAL USE
Recognizing the global nature of the Internet,
you agree to comply with all local rules
regarding online conduct and acceptable
Content. Specifically, you agree to comply
with all applicable laws regarding the
transmission of technical data exported
from the Canada or the country in which
you reside.
- CONTENT
SUBMITTED OR MADE AVAILABLE FOR INCLUSION
ON THE SERVICE
Zoozu does not claim ownership of Content
you submit or make available for inclusion
on the Service. However, with respect
to Content you submit or make available
for inclusion on publicly accessible areas
of the Service, you grant Zoozu the following
worldwide, royalty free and non-exclusive
license(s), as applicable:
- With respect
to Content you submit or make available
for inclusion on publicly accessible
areas of Zoozu Member Pages, the license
to use, distribute, reproduce, modify,
adapt, publicly perform and publicly
display such Content on the "Service"
should only be for the purpose of
providing and promoting the specific
Zoozu Categories the content is intended
for.
- With respect
to photos, graphics, audio or video
you submit or make available for inclusion
on publicly accessible area of the
Service other than Zoozu Member Pages,
the license to use, distribute, reproduce,
modify, adapt, publicly perform and
publicly display such Content on the
Service should be only for the purpose
for which such Content is intended
for. This license exists only for
as long as you elect to continue to
include such Content on the Service
and will terminate at the time you
remove or Zoozu removes such Content
from the Service.
- With respect
to Content other than photos, graphics,
audio or video you submit or make
available for inclusion on publicly
accessible areas of the Service other
than Zoozu Member Pages, the perpetual,
irrevocable and fully sub-licensable
license to use, distribute, reproduce,
modify, adapt, publish, translate,
publicly perform and publicly display
such Content (in whole or in part)
and to incorporate such Content into
other works in any format or medium
now known or later developed.
"Publicly accessible" areas of the Service
are those areas of the Zoozu network of
properties that are intended by Zoozu to
be available to the general public. By way
of example, publicly accessible areas of
the Service would include Zoozu Message
Boards and Zoozu Member Pages and Photos
that are open to both members and visitors.
However, publicly accessible areas of the
Service would not include some portions
of Zoozu Areas that are limited to members,
Zoozu services intended for private communication
such as Zoozu Message Board, or areas off
of the Zoozu network of properties such
as portions of World Wide Web sites that
are accessible through via hypertext or
other links but are not hosted or served
by Zoozu.
- INDEMNITY
You agree to indemnify and hold Zoozu,
and its subsidiaries, affiliates, officers,
agents, co-branders or other partners,
and employees, harmless from any claim
or demand, including reasonable attorneys'
fees, made by any third party due to or
arising out of Content you submit, post,
transmit or make available through the
Service, your use of the Service, your
connection to the Service, your violation
of the TOS, or your violation of any rights
of another.
- NO
RESALE OF SERVICE
You agree not to reproduce, duplicate,
copy, sell, trade, resell or exploit for
any commercial purposes, any portion of
the Service (including your Zoozu I.D.),
use of the Service, or access to the Service.
- GENERAL
PRACTICES REGARDING USE AND STORAGE
You acknowledge that Zoozu may establish
general practices and limits concerning
use of the Service, including without
limitation the maximum number of days
that message board postings or other uploaded
Content will be retained by the Service,
the maximum disk space that will be allotted
on Zoozu's servers on your behalf, and
the maximum number of times (and the maximum
duration for which) you may access the
Service in a given period of time. You
agree that Zoozu has no responsibility
or liability for the deletion or failure
to store any messages and other communications
or other Content maintained or transmitted
by the Service. You acknowledge that Zoozu
reserves the right to log off accounts
that are inactive for an extended period
of time. You further acknowledge that
Zoozu reserves the right to modify these
general practices and limits from time
to time.
- MODIFICATIONS
TO SERVICE
Zoozu reserves the right at any time and
from time to time to modify or discontinue,
temporarily or permanently, the Service
(or any part thereof) with or without
notice. You agree that Zoozu shall not
be liable to you or to any third party
for any modification, suspension or discontinuance
of the Service.
- TERMINATION
You agree that Zoozu may, under certain
circumstances and without prior notice,
immediately terminate your Zoozu account,
any associated email address, and access
to the Service. Cause for such termination
shall include, but not be limited to:
- Breaches or
violations of the TOS or other incorporated
agreements or guidelines,
- Requests by
law enforcement or other government
agencies, (c) a request by you (self-initiated
account deletions),
- Discontinuance
or material modification to the Service
(or any part thereof),
- Unexpected
technical or security issues or problems,
- Extended periods
of inactivity,
- You have engaged
in fraudulent or illegal activities,
and/or
- Nonpayment
of any fees owed by you in connection
with the Services.
Termination of your Zoozu account includes:
- Removal of access
to all offerings within the Service,
including but not limited to Zoozu Membership,
Auctions, Message Boards, Greetings,
Alerts.
- Deletion of
your password and all related information,
files and content associated with or
inside your account (or any part thereof),
and
- Barring further
use of the Service. Further, you agree
that all terminations for cause shall
be made in Zoozu's sole discretion and
that Zoozu shall not be liable to you
or any third-party for any termination
of your account, any associated email
address, or access to the Service.
- DEALINGS
WITH ADVERTISERS
Your correspondence or business dealings
with, or participation in promotions of,
advertisers found on or through the Service,
including payment and delivery of related
goods or services, and any other terms,
conditions, warranties or representations
associated with such dealings, are solely
between you and such advertiser. You agree
that Zoozu shall not be responsible or
liable for any loss or damage of any sort
incurred as the result of any such dealings
or as the result of the presence of such
advertisers on the Service.
- LINKS
The Service may provide, or third parties
may provide, links to other World Wide
Web sites or resources. Because Zoozu
has no control over such sites and resources,
you acknowledge and agree that Zoozu is
not responsible for the availability of
such external sites or resources, and
does not endorse and is not responsible
or liable for any Content, advertising,
products, or other materials on or available
from such sites or resources. You further
acknowledge and agree that Zoozu shall
not be responsible or liable, directly
or indirectly, for any damage or loss
caused or alleged to be caused by or in
connection with use of or reliance on
any such Content, goods or services available
on or through any such site or resource.
- ZOOZU'S
PROPRIETARY RIGHTS
You acknowledge and agree that the Service
and any necessary software used in connection
with the Service ("Software") contain
proprietary and confidential information
that is protected by applicable intellectual
property and other laws. You further acknowledge
and agree that Content contained in sponsor
advertisements or information presented
to you through the Service or advertisers
is protected by copyrights, trademarks,
service marks, patents or other proprietary
rights and laws. Except as expressly authorized
by Zoozu or advertisers, you agree not
to modify, rent, lease, loan, sell, distribute
or create derivative works based on the
Service or the Software, in whole or in
part.
Zoozu grants you a personal, non-transferable
and non-exclusive right to use the service,
provided that you do not (and do not allow
any third party to) copy, modify, create
a derivative work of, reverse engineer,
reverse assemble or otherwise attempt
to discover any source code, sell, assign,
sublicense, grant a security interest
in or otherwise transfer any right of
and about the service. You agree not to
use modified versions of any Software
for the purpose of obtaining unauthorized
access to the Service. You agree not to
access the Service by any means other
than through the interface that is provided
by Zoozu for use in accessing the Service.
- DISCLAIMER
OF WARRANTIES
YOU EXPRESSLY UNDERSTAND AND AGREE THAT:
Your use of the service is at your sole
risk. The service is provided on as "AS
IS" and "AS AVAILABLE" basis. Zoozu expressly
disclaims all warranties of any kind,
whether express or implied, including,
but not limited to the implied warranties
of merchantability, fitness for a particular
purpose and non-infringement.
Zoozu makes no warranty that:
- The service
will meet your requirements,
- The service
will be uninterrupted, timely, secure
or error-free,
- The results
that may be obtained from the use
of the service will be accurate or
reliable,
- The quality
of any products, services, information,
or other material purchased or obtained
by you through the service will meet
your expectations, and
- Any error
in the software will be corrected.
| A. |
Any material downloaded or otherwise
obtained through the use of the
service is done at your own discretion
and risk and that you will be solely
responsible for any damage to your
computer system or loss of data
results from the down load of any
such material. |
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| B. |
No advice or information, whether
oral or written, obtained by you
from Zoozu or through or through
or from the service shall create
any warranty not expressly stated
in the TOS. |
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| C. |
A small percentage of users may
experience Epileptic Seizures when
exposed to certain light patterns
or backgrounds on a computer screen
or while using the service. Certain
conditions may induce previously
undetected Epileptic symptoms even
in users who have no history of
prior Seizures or Epilepsy. If you,
or anyone in your family, have an
Epileptic condition, consult your
physician prior to using the service.
Immediately discontinue use of the
service and consult your physician
if you experience any of the following
symptoms while using the service-Dizziness,
Altered Vision, Eye or Muscle Twitches,
Loss of Awareness, Disorientation,
Any Involuntary movement, or Convulsions. |
- LIMITATION
OF LIABILITY
You expressly understand and agree that
Zoozu shall not be liable to you for any
direct, indirect, special, consequential
or exemplary damages, including but not
limited to, damages for loss of profits,
goodwill, use, data or other intangible
losses 9Even if Zoozu has been advised
of the possibility of such damages): (1)
The use or the inability to use the service;
(2) The cost of procurement of substitute
goods and services resulting from any
goods, data, information or services purchased
or obtained or messages received or transactions
entered into through or from the services;
(3) Unauthorized access to or alteration
of your transmissions or data; (4) Statements
or conduct of any third party on the service;
or (5) Any other matter relating to the
service.
- EXCLUSIONS
AND LIMITATIONS
Some Jurisdictions do not allow the exclusion
of certain warranties or the limitation
or exclusion of liability for incidental
or consequential damages. Accordingly,
some of the above limitations of Section
17 and 18 may not apply to you.
- SPECIAL
ADMONITION FOR SERVICES RELATING TO FINANCIAL
MATTERS
- NO
THIRD PARTY BENEFICIARIES
You agree that, except as otherwise expressly
provided in this TOS. There shall be no
third party beneficiaries to this agreement.
- NOTICE
Zoozu may provide you with notices, including
those regarding changes to the TOS, by
email, regular mail, or postings on the
service.
- TRADEMARK
INFORMATION
- NOTICE
AND PROCEDURE FOR MAKING CLAIMS OF COPYRIGHT
OR INTELLECTUAL PROPERTY INFRINGEMENT
Zoozu respects the intellectual property
of others, and we ask our users to do
the same. Zoozu may, in appropriate circumstances
and at its discretion, disable and/or
terminate the accounts of users who may
be repeat infringers. If you believe that
your work has been copied in a way that
constitutes copyright infringement, or
your intellectual property rights have
been otherwise violated, please provide
Zoozu's Copyright Agent the following
information:
- An electronic
or physical signature of the person
authorized to act on behalf of the
owner of the copyright or other intellectual
property interest;
- A description
of the copyrighted work or other intellectual
property that you claim has 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;
- A statement
by you made under penalty of perjury,
that the above information in your
Notice is accurate and that you are
the copyright or intellectual property
owner or authorized to act on the
copyright or intellectual property
owner's behalf.
- GENERAL
INFORMATION
Entire Agreement.
The TOS constitutes the entire agreement
between you and Zoozu and governs your
use of the Service, superseding any prior
agreements between you and Zoozu with
respect to the Service. You also may be
subject to additional terms and conditions
that may apply when you use or purchase
certain other Zoozu services, affiliate
services, third-party content, or third-party
software.
Choice of Law and
Forum. The TOS and the relationship
between you and Zoozu shall be governed
by the laws of Canada without regard to
its conflict of law provisions.
Waiver and Severability
of Terms. The failure of Zoozu
to exercise or enforce any right or provision
of the TOS shall not constitute a waiver
of such right or provision. If any provision
of the TOS is found by a court of competent
jurisdiction to be invalid, the parties
nevertheless agree that the court should
endeavor to give effect to the parties'
intentions as reflected in the provision,
and the other provisions of the TOS remain
in full force and effect.
No Right of Survivorship
and Non-Transferability. You agree
that your Zoozu account is non-transferable
and any rights to your Zoozu I.D. or contents
within your account terminate upon your
death. Upon receipt of a copy of a death
certificate, your account may be terminated
and all contents therein permanently deleted.
Statute of Limitations.
You agree that regardless of any statute
or law to the contrary, any claim or cause
of action arising out of or related to
use of the Service or the TOS must be
filed within one (1) year after such claim
or cause of action arose or be forever
barred. The section titles in the TOS
are for convenience only and have no legal
or contractual effect.
- VIOLATIONS
Please report any violations of the TOS
to our Customer
Care group.
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