Preface
The services offered by the ZoomNation community ("ZoomNation", "we" or "our") include the ZoomNation.net website (the "Zoom Website"), the Chatter instant messaging service, and any other features, widgets, or applications offered from time to time by ZoomNation in connection with the ZoomNation community (hereinafter collectively, the "Zoom Services"). The Zoom Services are hosted in the United States.
This Terms of Use Agreement ("Agreement") sets forth the legally binding terms for your use of the ZoomServices. By using the Zoom Services, you agree to be bound by this Agreement, whether you are a "Visitor" (which means that you simply browse the Zoom community website or any of its widgets or applications in other third party websites) or you are a ‘Zoomer’ (which means that you have registered with ZoomNation.net). The term "User" refers to a Visitor, Member or Zoomer. You are only authorized to use the Zoom Services (regardless of whether your access or use is intended) if you agree to abide by all applicable laws and to this Agreement. Please read this Agreement carefully and save it. If you do not agree with it, you should leave the ZoomNation Website or any of its widgets or applications and discontinue use of the Zoom Services immediately. If you wish to become a Zoomer, communicate with other Zoomers and make use of the Zoom Services, you must read this Agreement and indicate your acceptance during the Registration process.
Terms of Use Agreement (Effective May 1, 2008)
This Agreement includes ZoomNation's policy for acceptable use of the Zoom Services and Content posted on the ZoomNation community or any of its widgets or applications , your rights, obligations and restrictions regarding your use of the Zoom Services and Zoomnation's Privacy Policy. In order to participate in certain Zoom Services, you may be notified that you are required to download software or content and/or agree to additional terms and conditions. Unless we otherwise provide by additional terms and conditions applicable to the Zoom Services, where you choose to participate, those additional terms are hereby incorporated into this Agreement. You may receive a copy of this Agreement by emailing us at: privacy@ZoomNation.net, Subject: Terms of Use Agreement. ZoomNation may modify this Agreement from time to time and such modification shall be effective upon posting by ZoomNation on the ZoomNation.net Website. You agree to be bound to any changes to this Agreement when you use the Zoom Services after any modification to this Agreement has been posted. It is therefore important that you review this Agreement regularly to ensure you are updated as to any changes. Please choose carefully the information you post on ZoomNation or any of its widgets or applications and that you provide to other Users. Your Zoomer profile may not include the following items: telephone numbers, street addresses, last names, and any photographs containing nudity, or obscene, lewd, excessively violent, harassing, sexually explicit or otherwise objectionable subject matter. Despite this prohibition, information provided by other Zoomers (for instance, in their Profile or their other profiles on other social networks or websites in which they elect to make visible on ZoomNation) may contain inaccurate, inappropriate, offensive or sexually explicit material, products or services, and ZoomNation assumes no responsibility or liability for this material. If you become aware of misuse of the Zoom Services by any person, please contact ZoomNation or click on the "Report Abuse¨ link at the bottom of any ZoomNation web page. ZoomNation reserves the right, in its sole discretion, to reject, refuse to post or remove any posting (including private messages) by you, or to restrict, suspend, or terminate your access to all or any part of the Zoom Services at any time, for any or no reason, with or without prior notice, and without liability.
1. Eligibility
Use of and Membership in the Zoom Services is void where prohibited. By using the Zoom Services, you represent and warrant that (a) all registration information you submit is truthful and accurate; (b) you will maintain the accuracy of such information; (c) you are 14 years of age or older; and (d) your use of the Zoom Services does not violate any applicable law or regulation. Your profile may be deleted and your Membership may be terminated without warning or notification to you, if we believe that you are under 14 years of age.
2. Term
This Agreement shall remain in full force and effect while you use the Zoom Services or are a Zoomer. You may terminate your Membership at any time, for any reason by following instructions under Account Settings - "Terminate Account". ZoomNation may terminate your Membership at any time, without warning or notification to you. Even after Membership is terminated this Agreement will remain in effect, including sections 5-17.
3. Fees
You acknowledge that ZoomNation reserves the right to charge for the Zoom Services from time to time and to change those fees from time to time in its sole discretion without warning or notification to you. If ZoomNation terminates your Membership because you have breached the Agreement, you shall not be entitled to a refund of any unused portion of any subscription fees that we might charge from time to time on any of our Zoom Services.
4. Password
When you sign up to become a Zoomer, you will also be asked to create a password. You are entirely responsible for maintaining the confidentiality of your password. You agree not to use the account, username, or password of another Zoomer at any time or disclose your password to any third party. You agree to notify ZoomNation immediately (security@zoomnation.net) if you suspect any unauthorized use of your account or access to your password. You are solely responsible for any and all use of your account.
5. Non-commercial Use
The Zoom Services are for the personal use of Zoomers only and may not be used in connection with any commercial activities except those that are specifically endorsed or approved by ZoomNation. Illegal and/or unauthorized use of the Zoom Services, including collecting usernames and/or email addresses of Zoomers by electronic or any other means for the purpose of sending unsolicited email or unauthorized framing of or linking to the ZoomNation community website is strictly prohibited. Commercial advertisements, affiliate links, and other forms of solicitation may be removed from Zoomer profiles without notice and may result in termination of your Membership privileges. Appropriate legal action will be taken for any illegal or unauthorized use of the Zoom Services.
6. Proprietary Rights of Content
6.1 ZoomNation does not claim any ownership rights in the text, files, images, photos, video, sounds, musical works, works of authorship, or any other materials (collectively, "Content") that you post to the Zoom Services. After posting your Content to the Zoom Services, you continue to retain all ownership rights in such Content other than content posted by you belonging to third parties of which you are solely responsible for and we might if required or requested remove on their behalf, and you continue to have the right to use your Content in any way you choose. By displaying or publishing ("posting") any Content on or through the Zoom Services, you hereby grant to ZoomNation a limited license to use, modify, publicly perform, publicly display, reproduce, and distribute such Content solely on and through the Zoom Services.
Without this license, ZoomNation would be unable to provide the Zoom Services. For example, without the right to modify Zoomer Content, ZoomNation would not be able to digitally compress music files that Members might submit or otherwise format Content to satisfy technical requirements, and without the right to publicly perform Zoomer Content, ZoomNation could not allow its Users to listen to music, view video, photos or websites posted by Zoomers. The license you grant to ZoomNation is non-exclusive (meaning you are free to license your Content to anyone else in addition to ZoomNation), fully-paid and royalty-free (meaning that ZoomNation is not required to pay you for the use on the Zoom Services of the Content that belongs specifically to you that you post ), sublicensable (so that ZoomNation is able to use its affiliates and subcontractors such as Internet content delivery networks to provide the Zoom Services), and worldwide (because the Internet and the Zoom Services are reachable globally.). This license will terminate at the time you remove your Content from the Zoom Services. The license does not grant ZoomNation the right to sell your Content, nor does the license grant ZoomNation the right to distribute your Content outside of the Zoom Services.
6.2 You represent and warrant that: (i) you own the Content posted by you on or through the Zoom Services or otherwise have the right to grant the license set forth in this section, and (ii) the posting of your Content on or through the Zoom Services does not violate the privacy rights, publicity rights, copyrights, contract rights or any other rights of any person. You agree to pay for all royalties, fees, and any other monies owing to any person by reason of any Content posted by you to or through the Zoom Services.
6.3 The Zoom Services contain Content of ZoomNation ("Zoom Content"). Zoom Content is protected by copyright, trademark, patent, trade secret and other laws, and ZoomNation owns and retains all rights in the Zoom Content and the Zoom Services. ZoomNation hereby grants you a limited, revocable, non-sublicensable license to reproduce and display the Zoom Content (excluding any software code) solely for your personal use in connection with viewing the ZoomNation community website or any of its widgets or applications and using the Zoom Services.
6.4 The Zoom Services contain Content of Users and other ZoomNation licensors. Except for Content posted by you, you may not copy, modify, translate, publish, broadcast, transmit, distribute, perform, display, or sell any Content appearing on or through the Zoom Services.
7. Content Posted
7.1 ZoomNation may delete any Content that in the sole judgment of ZoomNation that violates this Agreement or which may be offensive, illegal or violate the rights, harm, or threaten the safety of any person. ZoomNation assumes no responsibility for monitoring the Zoom Services for inappropriate Content or conduct. If at any time ZoomNation chooses, in its sole discretion, to monitor the Zoom Services, ZoomNation nonetheless assumes no responsibility for the Content, no obligation to modify or remove any inappropriate Content, and no responsibility for the conduct of the User submitting any such Content.
7.2 You are solely responsible for the Content that you post on or through any of the Zoom Services, and any material or information that you transmit to other Zoomers and for your interactions with other Users. ZoomNation does not endorse and has no control over the Content. Content is not necessarily reviewed by ZoomNation personnel prior to posting and does not necessarily reflect the opinions or policies of ZoomNation. ZoomNation makes no warranties, express or implied, as to the Content or to the accuracy and reliability of the Content or any material or information that you transmit to other Members.
8. Content/Activity Prohibited
The following is a partial list of the kind of Content that is illegal or prohibited to post on or through the Zoom Services. ZoomNation reserves the right to investigate and take appropriate legal action against anyone who, in ZoomNation's sole discretion, violates this provision, including without limitation, removing the offending communication from the Zoom Services and terminating the Membership of such violators. Prohibited Content includes, but is not limited to Content that, in the sole discretion of ZoomNation:
1. is patently offensive and promotes racism, bigotry, hatred or physical harm of any kind against any group or individual;
2. harasses or advocates harassment of another person or group;
3. exploits people in a sexual or violent manner;
4. contains nudity, violence, or offensive subject matter or contains a link to an adult website;
5. solicits personal information from anyone in the ZoomNation community;
6. provides any telephone numbers, street addresses, last names, URLs or email addresses;
7. promotes information that you know is false or misleading or promotes illegal activities or conduct that is abusive, threatening, obscene, defamatory or libelous;
8. promotes an illegal or unauthorized copy of another person's copyrighted work, such as providing pirated computer programs or links to them, providing information to circumvent manufacture-installed copy-protect devices, or providing pirated music or links to pirated music files;
9. involves the transmission of "junk mail," "chain letters," or "unsolicited mass mailing", "instant messaging", "phishing", "spimming" or "spamming";
10. contains restricted or password only access pages or hidden pages or images (those not linked to or from another accessible page);
11. furthers or promotes any criminal activity or enterprise or provides instructional information about illegal activities including, but not limited to making or buying illegal weapons, violating someone's privacy, or providing or creating computer viruses;
12. solicits passwords or personal identifying information for commercial or unlawful purposes from other Users;
13. involves commercial activities and/or sales without our prior written consent such as contests, sweepstakes, barter, advertising, or pyramid schemes;
14. includes a photograph of another person that you have posted without that person's consent; or
15. for band and filmmaker profiles, uses sexually suggestive imagery or any other unfair, misleading or deceptive Content intended to draw traffic to the profile.
The following is a partial list of the kind of activity that is illegal or prohibited on the ZoomNation community and through your use of the Zoom Services. ZoomNation reserves the right to investigate and take appropriate legal action against anyone who, in ZoomNation's sole discretion, violates this provision, including without limitation, reporting you to law enforcement authorities. Prohibited activity includes, but is not limited to:
16. criminal or tortious activity, including child pornography, fraud, trafficking in obscene material, drug dealing, gambling, harassment, stalking, spamming, spimming, sending of viruses or other harmful files, copyright infringement, patent infringement, or theft of trade secrets;
17. advertising to, or solicitation of, any Zoomer to buy or sell any products or services through the Zoom Services. You may not transmit any chain letters or junk email to other Members. It is also a violation of these rules to use any information obtained from the Zoom Services in order to contact, advertise to, solicit, or sell to any Member without their prior explicit consent. In order to protect our Zoomers from such advertising or solicitation, ZoomNation reserves the right to restrict the number of emails that a Zoomer may send to other Zoomers in any 24-hour period to a number that ZoomNation deems appropriate in its sole discretion. If you breach this Agreement and send unsolicited bulk email, instant messages or other unsolicited communications of any kind through the Zoom Services, you acknowledge that you will have caused substantial harm to ZoomNation, but that the amount of such harm would be extremely difficult to ascertain. As a reasonable estimation of such harm, you agree to pay ZoomNation $50 for each such unsolicited email or other unsolicited communication you send through the Zoom Services;
18. covering or obscuring the banner advertisements on your personal profile page, or any ZoomNation community page via HTML/CSS or any other means;
19. any automated use of the system, such as using scripts to add friends or send comments or messages;
20. interfering with, disrupting, or creating an undue burden on the Zoom Services or the networks or services connected to the Zoom Services;
21. attempting to impersonate another Zoomer;
22. for band profiles, copying the code for your Zoom Player and embedding it into other profiles or asking other Members to embed it into their profiles;
23. selling or otherwise transferring your profile;
24. using any information obtained from the Zoom Services to order to harass, abuse, or harm another person;
25. displaying an advertisement on your profile, or accepting payment or anything of value from a third person in exchange for your performing any commercial activity on or through the Zoom Services on behalf of that person, such as placing commercial content on your profile, posting blogs or bulletins with a commercial purpose, selecting a profile with a commercial purpose as one of your "Top 8" friends, or sending private messages with a commercial purpose; or
26. using the Zoom Services in a manner inconsistent with any and all applicable laws and regulations.
9. Copyright Policy
You may not post, modify, distribute, or reproduce in any way any copyrighted material, trademarks, or other proprietary information belonging to others without obtaining the prior written consent of the owner of such proprietary rights. It is our policy to terminate Membership privileges of any Zoomer who repeatedly infringes the copyright rights of others upon receipt of prompt notification to ZoomNation by the copyright owner or the copyright owner's legal agent. Without limiting the foregoing, if you believe that your work has been copied and posted on the Zoom Services in a way that constitutes copyright infringement, please provide our privacy@zoomnation.net with the following information: (i) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; (ii) a description of the copyrighted work that you claim has been infringed; (iii) a description of where the material that you claim is infringing is located on the Zoom Services; (iv) your address, telephone number, and email address; (v) a written 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; (vi) a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf.
10. Member Disputes
You are solely responsible for your interactions with other Zoomers. ZoomNation reserves the right, but has no obligation, to monitor disputes between you and other Members.
11. Privacy
Use of the Zoom Services is also governed by our Privacy Policy, which is incorporated into this Agreement by this reference.
12. Disclaimers
ZoomNation is not responsible for any incorrect or inaccurate Content posted on the ZoomNation community website or any of its widgets or applications or in connection with any Zoom Services, whether caused by Users of the Zoom Services or by any of the equipment or programming associated with or utilized in the Zoom Services. Profiles created and posted by Zoomers on the ZoomNation communitywebsite may contain links to other websites. ZoomNation is not responsible for the Content, accuracy or opinions expressed on such websites, and such websites are in no way investigated, monitored or checked for accuracy or completeness by ZoomNation. Inclusion of any linked website on the Zoom Services does not imply approval or endorsement of the linked website by ZoomNation. When you access these third-party sites, you do so at your own risk. ZoomNation takes no responsibility for third party advertisements which are posted on the ZoomNation community website or any of its widgets or applications or through the neither Zoom Services, nor does ZoomNation take any responsibility for the goods or services provided by its advertisers. ZoomNation is not responsible for the conduct, whether online or offline, of any User of the Zoom Services. ZoomNation assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, any User or Member communication. ZoomNation is not responsible for any problems or technical malfunction of any telephone network or lines, computer online systems, servers or providers, computer equipment, software, failure of any email or players due to technical problems or traffic congestion on the Internet or on any of the Zoom Services or combination thereof, including any injury or damage to Users or to any person's computer related to or resulting from participation or downloading materials in connection with the Zoom Services. Under no circumstances shall ZoomNation be responsible for any loss or damage, including personal injury or death, resulting from use of the Zoom Services, attendance at any organized event offered by ZoomNation, from any Content posted on or through the Zoom Services, or from the conduct of any Users of the Zoom Services, whether online or offline. The Zoom Services are provided "AS-IS" and as available and ZoomNation expressly disclaims any warranty of fitness for a particular purpose or non-infringement. ZoomNation cannot guarantee and does not promise any specific results from use of the Zoom Services.
13. Limitation on Liability
IN NO EVENT SHALL ZOOMNATION BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING LOST PROFIT DAMAGES ARISING FROM YOUR USE OF THE SERVICES, EVEN IF ZOOMNATION HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, ZOOMNATION LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO ZOOMNATION FOR THE ZOOM SERVICES DURING THE TERM OF MEMBERSHIP.
14. U.S. Export Controls
Software available in connection with the Zoom Services (the "Software") is further subject to United States export controls. No Software may be downloaded from the Zoom Services or otherwise exported or re-exported in violation of U.S. export laws. Downloading or using the Software is at your sole risk.
15. Disputes
If there is any dispute about or involving the Zoom Services, you agree that the dispute shall be governed by the laws of the State of Washington, USA, without regard to conflict of law provisions and you agree to exclusive personal jurisdiction and venue in the state and federal courts of the United States located in the State of Washington, City of Seattle. Either ZoomNation or you may demand that any dispute between ZoomNation and you about or involving the Zoom Services must be settled by arbitration utilizing the dispute resolution procedures of the American Arbitration Association (AAA) in Seattle, Washington, USA, provided that the foregoing shall not prevent ZoomNation from seeking injunctive relief in a court of competent jurisdiction.
16. Indemnity
You agree to indemnify and hold ZoomNation Inc., its subsidiaries, and affiliates, and their respective officers, agents, partners and employees, harmless from any loss, liability, claim, or demand, including reasonable attorneys' fees, made by any third party due to or arising out of your use of the Zoom Services in violation of this Agreement and/or arising from a breach of this Agreement and/or any breach of your representations and warranties set forth above and/or if any Content that you post on the ZoomNation community website or of its widgets or applications or through the Zoom Services causes ZoomNation to be liable to another.
17. Other
This Agreement is accepted upon your use of the ZoomNation community website or any of its widgets or applications or any of the Zoom Services and is further affirmed by you becoming a Zoomer. This Agreement constitutes the entire agreement between you and ZoomNation Inc. regarding the use of the Zoom Services. The failure of ZoomNation to exercise or enforce any right or provision of this Agreement shall not operate as a waiver of such right or provision. The section titles in this Agreement are for convenience only and have no legal or contractual effect. ZoomNation, Zoomtown, Chatter or Zoom Sociallife Network is a trademark of ZoomNation, Inc. This Agreement operates to the fullest extent permissible by law. If any provision of this Agreement is unlawful, void or unenforceable, that provision is deemed severable from this Agreement and does not affect the validity and enforceability of any remaining provisions.