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.
1) 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.
2) 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 subscription users
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.
3) 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:
a) Provide true, accurate, current and complete information
about yourself as prompted by the Service's subscription form
(such information being the "Registration Data")
b) Maintain and promptly update the Subscription 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 remove your listing and
refuse any and all current or future use of the Service (or
any portion thereof).
4) 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.htm.
You 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.
5) ACCOUNT,
PASSWORD AND SECURITY
You will receive a password and account designation upon completing
the Service's subscription 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:
a) Immediately notify Zoozu of any unauthorized use of your
password or account or any other breach of security, and
b) 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.
6) SUBSCRIPTION
USER 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:
a) 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;
b) 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);
c) 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;
d) 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);
e) 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;
f) 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;
g) Forge headers or otherwise manipulate identifiers in order
to disguise the origin of any Content transmitted through
the Service;
h) 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;
j) 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;
k) "Stalk" or otherwise harass another; and/or
l) Harm minors in any way;
m) 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;
n) Collect or store personal data about other users in connection
with the prohibited conduct and activities set forth in paragraphs
a through n above.
7) 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:
a) Comply with legal process;
b) Enforce the TOS;
c) Respond to claims that any Content violates the rights
of third-parties;
d) Respond to your requests for customer service; or
e) 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
f) Transmissions over various networks; and
g) 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.
8) 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.
9) 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:
a) With respect to Content you submit or make available for
inclusion on publicly accessible areas of Zoozu Listing 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.
b) 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 Listing 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.
c) 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 Listing 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 Listing Pages and Photos that are open to both subscription
users and visitors. However, publicly accessible areas of the
Service would not include some portions of Zoozu Areas that are
limited to subscription users, 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.
10) 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.
11) 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.
12) 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.
13) 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.
14) 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:
a) Breaches or violations of the TOS or other incorporated
agreements or guidelines,
b) Requests by law enforcement or other government agencies,
(c) a request by you (self-initiated account deletions),
c) Discontinuance or material modification to the Service
(or any part thereof),
d) Unexpected technical or security issues or problems,
e) Extended periods of inactivity,
f) You have engaged in fraudulent or illegal activities,
and/or
g) Nonpayment of any fees owed by you in connection with
the Services.
Termination of your Zoozu account includes:
h) Removal of access to all offerings within the Service,
including but not limited to Zoozu Subscription, Auctions,
Message Boards, Greetings, Alerts.
j) Deletion of your password and all related information,
files and content associated with or inside your account (or
any part thereof), and
k) 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.
15) 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.
16) 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.
17) 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.
18) 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:
a) The service will meet your requirements,
b) The service will be uninterrupted, timely, secure or error-free,
c) The results that may be obtained from the use of the service
will be accurate or reliable,
d) The quality of any products, services, information, or
other material purchased or obtained by you through the service
will meet your expectations, and
e) Any error in the software will be corrected.
f) 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.
g) 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.
h) 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.
19) 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. Even 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.
20) 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.
21) 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.
22) NOTICE
Zoozu may provide you with notices, including those regarding
changes to the TOS, by email, regular mail, or postings on the
service.
23) 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:
a) An electronic or physical signature of the person authorized
to act on behalf of the owner of the copyright or other intellectual
property interest;
b) A description of the copyrighted work or other intellectual
property that you claim has been infringed;
c) A description of where the material that you claim is
infringing is located on the site;
d) Your address, telephone number, and email address;
e) 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;
f) 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.
24) 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.
25) VIOLATIONS
Please report any violations of the TOS to our Customer
Care group.
26) ZooZu
FORUMS
Use of your account is expressly limited to you. Your account
may not be transferred or shared with any other party, temporarily
or permanently.
Zoozu Forums access is limited to persons age 13 and over.
You agree to bear sole responsibility for all use of your account
and for the confidentiality of your password. To protect your
privacy, Zoozu Forums may suspend access or change access to your
account immediately upon discovery that your account has been
accessed by another person, or upon notification by you that your
password has been lost, stolen or otherwise compromised.
You agree to provide an accurate email address. Zoozu Forums may,
at its sole discretion, suspend any account that is found to contain
an invalid email address. Updates to your email address are made
from My Profile after logging in with your user name and password.
Zoozu Forums may need to communicate with each member from time
to time. As a condition of service, all active members of Zoozu
Forums are required to receive routine and important "member
service" announcements, via email, from Zoozu Forums. Member
service email from Zoozu Forums may not be considered "spam"
or blocked or blacklisted on any Internet blacklist service.
If you have reason to believe that your account is no longer secure
(for example, in the event of a loss, theft or unauthorized disclosure
or use of your ID, password or any credit, debit or charge card
number stored on the Service), you must promptly change your password
and notify Zoozu Forums of the problem by giving notice via e-mail
to info@zoozu.com.
Rules of Online Behavior. Zoozu Forums
does not screen or edit messages posted in message boards, comments
made in chat rooms, blog entries, or any other user-created content.
However, Zoozu Forums reserves the right to monitor said content
and to remove any objectionable material at any time, in our sole
discretion. By viewing and/or participating in message boards,
chat rooms, blogs, or any other services provided by Zoozu Forums,
you acknowledge that you may encounter material that you find
offensive. Zoozu Forums disclaims any responsibility for said
material.
By participating in any service of Zoozu Forums, you agree
not to:
use services that are clearly identified as premium services
unless you are a member in good standing at a subscription level
that includes such services
attach files to messages that contain viruses, corrupted files,
or any other similar software or programs that may adversely
affect the operation of another's computer
participate in such a way as to undermine the operation of Zoozu
Forums, a forum, chat room, blog, or other Zoozu Forums service
use a message board, chat room, blog, or other service to harass
others
use Zoozu Forums to disseminate any inappropriate, defamatory,
libelous, threatening, infringing, obscene, or unlawful material
or information
violate any copyright law, or other intellectual property law
violate any criminal statute
engage in computer activity commonly known as a Denial of Service
attack
promote the violation of this agreement
Any attempt to manipulate forum rankings by artificially inflating
counts of visitors, message views, postings or other items used
in determining the forum's standing will be considered a violation
of this agreement, and subject to any and all punitive actions
specified herein for such violations, including closure of forum
and termination of account.
Zoozu Forums disclaims all liability for messages appearing on
message boards, comments made in chat rooms, Web pages hosted
by Zoozu Forums, blog entries and comments, and other materials
created by Zoozu Forums users. Zoozu Forums has no responsibility
for such content and is merely providing access to such content
as a service to you.
Use of distribution lists in electronic mail or other mass electronic
mailings is subject to the approval of Zoozu Forums. Any unauthorized
use of distribution lists is strictly prohibited, and may be discontinued
at the sole discretion of Zoozu Forums.
By participating in Zoozu Forums, you agree not to impersonate
any person or entity or falsely represent your affiliation with
any person or entity.
Message boards, Web pages, chat rooms, blogs, and other services
provided by Zoozu Forums may not be used for unauthorized commercial
purposes (including participation in any affiliate program other
than that operated by Zoozu Forums) is prohibited. If, in the
sole discretion of Zoozu Forums, you are found to be using Zoozu
Forums for any inappropriate commercial purpose, Zoozu Forums
reserves the right to take action to end said activity.
If you operate a message board, Web page, chat room, blog, or
other service of Zoozu Forums that generates more than two (2)
gigabytes of bandwidth per month, Zoozu Forums reserves the right
to charge additional fees to your account.
Zoozu Forums may terminate your account if it believes, in its
sole discretion, that you have violated any of the terms of this
agreement, or that you have engaged in any behavior that Zoozu
Forums believes, in its sole discretion, is harmful to the operation
of Zoozu Forums.
Privacy: Please review the Zoozu
Forums Privacy Policy.
Zoozu Forums will strive to protect the privacy of all members
who abide by these Terms of Service. However, at its sole discretion
and in cases of abusive, libelous, illegal, and/or malicious behavior
on the part of a member, Zoozu Forums may release membership information
to appropriate parties when directed by law, through reasonable
settlement of litigation against Zoozu Forums if served notice
of such malicious behavior through a competent court, or for other
such legitimate reasons to be determined.
Representations, Warranties and Acknowledgements:Zoozu
Forums does not endorse and disclaims any responsibility or liability
for any content on any message board or blog, in any chat room,
on any Web page, or on any other content on Zoozu Forums. Zoozu
Forums makes no representations about the reliability of services
provided by Zoozu Forums or by any third party provider, and disclaims
all liability in the event of any service failure. You acknowledge
that any reliance on said material and/or systems will be at your
own risk. Zoozu Forums makes no representations regarding the
amount of time that forums, chat rooms, blogs, message board discussions,
uploaded files, or any other content will be preserved by Zoozu
Forums.
Zoozu Forums reserves the right to add new membership programs
and to change the terms of existing membership programs at any
time, including paid programs such as ZoozuPlus. These modifications
may include, but are not limited to, changes in the service, product
offerings, price, or administration of the program. Not all products
are available for all platforms, clients, or browsers. Zoozu Forums
will announce any change in the price of the program on its website
prior to any such change taking effect.
By posting on message boards or blogs, participating in chat rooms,
or creating any other content (excluding private email communication),
you will be deemed to have granted Zoozu Forums perpetual, non-exclusive
permission to redistribute by transmission the information or
materials worldwide without charge or liability.
You maintain a copyright on any copyrighted original material
you post, to the extent allowed by law. The reposting of a message
on a different forum on Zoozu Forums without permission of the
author is prohibited, except that official Zoozu Forums staff
announcements posted in support forums may be reposted in other
forums.
You participate in and/or operate message boards, chat rooms,
blogs, and/or other Zoozu Forums features at your own risk. If
you are unhappy with the contents and/or operation of a message
board, blog, and/or chat room, your only recourse is to contact
the host of said message board and/or chat room or owner of said
blog. If you are dissatisfied with any feature, operability, contents,
this agreement, other agreements Zoozu Forums imposes as a condition
of usage, or any other component of the Zoozu Forums Web site,
your sole remedy is to discontinue use of Zoozu Forums services.
If ordering merchandise and/or services from anyone other than
Zoozu Forums, such as through any commercial service offered via
an official Zoozu Forums partnership or affiliate, all transaction
terms including but not limited to purchase terms, payment terms,
warranties, guarantees, maintenance, and delivery, are solely
between you and the seller of the merchandise or services. Zoozu
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goods or services provided by the seller of the merchandise or
services and shall not be liable for the costs or damages arising,
either directly or indirectly, from the products or services or
from the actions or inactions of the Seller.
ZOOZU FORUMS SERVICES ARE PROVIDED ON AN "AS IS, AS AVAILABLE"
BASIS. NO WARRANTIES, EXPRESSED OR IMPLIED, INCLUDING BUT NOT
LIMITED TO THOSE OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR
PURPOSE, ARE MADE WITH RESPECT TO ZOOZU FORUMS OR ANY INFORMATION
OR SOFTWARE THEREIN. UNDER NO CIRCUMSTANCES, INCLUDING NEGLIGENCE,
SHALL ZOOZU FORUMS BE LIABLE FOR ANY INCIDENTAL, SPECIAL, OR CONSEQUENTIAL
DAMAGES THAT RESULT FROM THE USE OF OR INABILITY TO USE ZOOZU
FORUMS. ZOOZU FORUMS WILL NOT BE RESPONSIBLE FOR ANY DAMAGES THAT
RESULT FROM MISTAKES, OMISSIONS, INTERRUPTIONS, DELETION OF FILES,
ERRORS, DEFECTS, DELAYS IN OPERATION OR TRANSMISSION, OR ANY FAILURE
OF PERFORMANCE WHETHER OR NOT CAUSED BY EVENTS BEYOND ZOOZU FORUMS'
REASONABLE CONTROL, INCLUDING BUT NOT LIMITED TO ACTS OF GOD,
COMMUNICATIONS LINE FAILURE, THEFT, DESTRUCTION, OR UNAUTHORIZED
ACCESS TO ZOOZU FORUMS RECORDS, PROGRAMS, OR SERVICES. IN NO EVENT
SHALL ZOOZU FORUMS' TOTAL LIABILITY FOR ALL DAMAGES, LOSSES, AND
CAUSES OF ACTION EXCEED THE AGGREGATE DOLLAR AMOUNT PAID UNDER
THE AGREEMENT. SOME STATES DO NOT ALLOW THE LIMITATION OR EXCLUSION
OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, AND AS A
RESULT, THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.
You acknowledge that Zoozu Forums has the right to delete any
messages, files, or any other content that you may have uploaded
to any service of Zoozu Forums which have not been accessed for
some period of time and is deemed by Zoozu Forums, in its sole
discretion, to be abandoned or any materials that violate the
terms of this or any other binding agreement.
Indemnification: You agree to indemnify
and hold Zoozu Forums, its parents, subsidiaries, officers and
employees, harmless from any claims and expenses, including reasonable
attorney's fees, related to your violation of this Agreement,
including any abusive or unlawful behavior on the part of you
or your dependents, or the infringement of any intellectual property
or privacy right of any person.
You shall remain solely liable for the Content you upload or transmit
to any Forum, blog, message board, chat room or any interactive
areas on the Site. You agree to indemnify and hold harmless Zoozu
Forums from any claim, action, demand, loss, expense or damages
(including attorneys' fees) made or incurred by any third party
arising out of or relating to your conduct, your violation of
these terms and conditions, or your violation of any rights of
a third party. In the event that you have a dispute with one or
more users, you release Zoozu Forums (and our officers, directors,
agents, subsidiaries and employees) from claims, demands and damages
(actual and consequential) of every kind and nature, known and
unknown, suspected and unsuspected, disclosed and undisclosed,
arising out of or in any way connected with such disputes.
Modifications: Zoozu Forums may, at
any time, modify any of the terms and conditions contained in
this agreement by posting such changes on the Zoozu Forums web
site. If you do not agree to the changes, your only remedy is
to cancel your Zoozu Forums membership.
Assignability: Zoozu Forums may assign
this Agreement, or any rights or obligations hereunder, (by operation
of law or otherwise) without the prior written consent of its
members. This Agreement shall inure to the benefit of, and be
binding on, permitted assigns and successors of Zoozu Forums.
Severability: In the event that any
provision is determined to be unenforceable or invalid, such provision
shall nonetheless be enforced to the fullest extent permitted
by applicable law, and such determination shall not affect the
validity and enforceability of any other remaining provisions.
Amendments and Waivers: The failure
of Zoozu Forums to insist upon or to enforce or to exercise any
right under this Agreement shall not be construed as a waiver
or relinquishment to any extent of Zoozu Forums' right to assert
or rely upon any such provision or right in that or any other
instance, and the same shall be and remain in full force and effect.
In the event that any published statements, other agreements,
or other official policies of Zoozu Forums may conflict with any
of the terms contained in this document (Terms of Service), the
terms of this document shall govern.
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